Terms of Service

Terms of Service (Beta)
§ 1 General provisions § 2 Definitions § 3 Type and scope of the Services provided by the Website Service § 4 The Service Agreement § 5 Payment § 6 Prices § 7 Complaint procedures § 8 Liability § 9 Administrator’s rights § 10 Technical requirements § 11 Intellectual property rights § 12 Final provisions

General provisions
This document constitutes the regulations referred to in the provision of Article 8 of the Act of July 18, 2002 on the provision of electronic services (i.e., consolidated text February 6, 2020, Journal of Laws of 2020, item 344), hereinafter referred to as the Terms of Service.

This platform is intended for use by individuals who are 18 years of age or older. By accessing or using this platform, you confirm that you are at least 18 years old.

Web services at the address https://giftoin.com/ is maintained by the company acting under the name of Giftoin Ltd., a private company registered under the laws of the State of Israel, with registration No. 516533684 AND GIFTOIN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, established and operating in accordance with the laws of the Republic of Poland, with its registration number KRS: 0000997519, NIP: 5213988736; having its seat at Warsaw, at Bartycka 22B/21a, 00-716 Warsaw, Republic of the Poland; Company is entered also in Polish Register of Virtual Asset Service Providers under position RDWW-518; electronic mail address: [email protected].

This document, hereinafter referred to as „the Terms of Service” outlines: 4.1 type and range of services provided via Website Service, located at the address https://giftoin.com/, hereinafter referred to as “the Website Service”; 4.2. rules constituting a legal basis for using the Website Service; 4.3 complaint procedures; 4.4 conditions regulating the conclusion and termination of the services offered by the Website Service;

5.On the Website Service the Terms of Service are provided in a manner allowing to acquire them, reproduce them and preserve their content by printing or saving on data carriers at any time.

On the Website Service the Terms of Service are provided free of charge. The User is not bound by the provisions of the Terms of Service that were not provided to him in a manner indicated in point 3 of this paragraph.

The Website Service is managed by Giftoin Ltd., a private company registered under the laws of the State of Israel, with registration No. 516533684 AND GIFTOIN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, hereinafter referred to as “the Service Provider” or “the Administrator”.

The Service Provider renders services by electronic means in accordance with the Terms of Service.

Definitions
The terms indicated below will have the following meaning:

Service Provider, Administrator – GIFTOIN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, established and operating in accordance with the laws of the Republic of Poland, with its registration number KRS: 0000997519; having its seat at Warsaw, at Bartycka 22B/21a, 00-716 Warsaw, Republic of the Poland; electronic mail address: [email protected]

Business day - days from Monday to Friday, excluding public holidays;

Order Form – subpage of the Website Service, which dully fulfilling by the Client enables conclusion of Service Agreement;

Client - any natural or legal person, and an organizational unit which has been granted legal capacity by the governing law, who concluded or intends to conclude Service Agreement with the Service Provider;

Consumer – a Client who is a natural person with full legal capacity, who has concluded or intends to conclude an Service Agreement for the provision of digital content with the Service Provider or has concluded or intends to conclude an agreement for the provision of E-Services with the Administrator not directly related to his/her business or professional activity;

Account – a set of resources present in the Administrator’s data communication network, specified by the individual name and password given by the User, where all the User’s data are gathered;

Newsletter – services rendered by the Administrator are regularly consistent or at different time intervals distribution of information at electronic mail addresses indicated by the User, including commercial information related to promotions, new offers, events, competitions organized by the Administrator.

Giftoin – digital data in the current offer of the Service Provider, in particular in the form virtual currencies, digital art, music, sports collectibles and other which can be bestowed online;

Terms of Service – this document.

Website Service – the website service, being the Administrator’s sole property, available at the domain address: https://giftoin.com/, in accordance with which Administrator renders Services, enables conclusion of Service Agreement.

Service Agreement – agreement for the delivery of a Giftoin (digital content) concluded or entered into between the Client and the Service through the Website Service, on the basis of which the Service Provider is obliged to provide Giftoin or Giftoins to the Client or third party, and the Client is obliged to pay the Service Provider the price for the Giftoin;

E-Service - any services provided by electronic means by the Administrator to the Users under provisions of these Terms of Service.

User - any natural or legal person, and an organizational unit which has been granted legal capacity by the governing law, who used or intends to use the E-Services.

Purchase Order – Client’s declaration of will that leads to concluding the Service Agreement with the Service Provider.

Type and scope of E-Services provided by the Website Service
The Website Service is intended solely for use by adults, it concerns both Users opening an account and persons browsing through the content provided by the Administrator. Minors may enjoy Services provided by the Administrator exclusively upon his or her parent’s or legal guardian’s consent.

The User is obliged to refrain from carrying out any unlawful actions related to using the Website Service, especially using the Website Service directly or indirectly in an illegal manner, contrary to the Terms of Service, good manners or generally accepted principles of using the Internet.

The User is obliged to refrain from using the Website Service in a manner contrary to its purpose, especially to perform marketing, advertising and promotional activities.

The Administrator renders through the Website Service services provided by electronic means consisting in: a. Managing of the Account in the Website Service; b. Using of the Order Form; c. Subscribing to the Newsletter; d. Contact Form;

Managing of the Account proceeds by taking the following steps by the User: a. filling in the registration form, available on subpage of Website Service, activating as a result of accessing linked “REGISTER’, where User has to provide: 5.a.1. electronic mail address; 5.a.2. password.

b. Alternatively, User to register Account may use “Sign up with Facebook” or “Sign up with Google” option.

As a consequence of a proper registration the Website Service creates an Account for the User, which gets assigned to his username, thereby the agreement of managing the Account is concluded.

The User gains access to the Account by inserting his username and password into an indicated box, via the Website Service.

One User is allowed to have solely one Account in the Website Service.

The User name can be any random name, however, it can not be contrary to law, good manners or generally accepted principles of using the Internet and violate the law of another entity, third party personal rights.

The Administrator is entitled to remove or suspend the Account, in case of: a) infringement of the provisions of Terms of Service; b) inactivity of the Account for the period exceeding one year, understood as discontinuation of entering data to the Website Service IT system in purpose of login into the Account.

The E-Service of managing the Account is rendered free of charge for an unspecified period of time.

The agreement of managing the Account can be terminated by removing the Account or by making declaration by the User, in particular sent in electronic form to the following e-mail address of the Administrator: [email protected]

Use of the Order Form Service starts within adding the first Giftoin into the shopping cart in the Website Service.

The process of placing the Purchase Order consists of the following stages: a) Filling in Order Form; b) Clicking the mouse button on the “Place Order under Payment Obligation” button after filling in Order Form;

The Client is obligated to indicate in the Order Form his personal data.

If the Client requested of issuing the invoice, Client is additionally obligated to indicate: a) The name of the company, which is operated by the Client; b) Tax identification number; c) Registered address;

In the Order Form there is also required to indicate main features of the Service Agreement: a) Type of the Giftoin, which takes place as a result of adding the Giftoin to the sale cart. b) Quantity of the Giftoins; c) Method of payment.

The E-Service of Order Form is one-off and is rendered free of charge. The Service of the Order Form is terminated at the moment of the Purchase Order placement or at the moment of cease of filling in the Order Form.

The E-Service of the Newsletter subscription starts within indication by the User of his electronic mail address in the relevant section of Website Service and clicking the mouse button on the “+” button.

The Newsletter is the Service rendered by the Administrator consisting in regular or at different time intervals distribution of information at electronic mail address indicated by the User, including commercial information related to promotions, new offers, events and competitions organized by the Administrator.

By the indication of electronic mail address the User consents to receive commercial information from the Administrator.

The Service of Newsletter subscription is rendered free of charge for an unspecified period of time.

The agreement of the Newsletter subscription can be terminated by making declaration by the User, in particular sent in electronic form to the following e-mail address of the Administrator: [email protected]

The use of the E-Service Contact Form has its beginning from the moment of entering the first data into the text window, allowing contact with the Service Provider.

Access to the Contact Form is not subject to any formalities by the User, in particular, this access does not require the User to register an Account.

The Contact Form contains 3 headings: a) field for the identification of the Service Recipient, requiring indication of electronic mailing address; b) field for identification the reason of contact; c) field in which the User enters the content of the message to the Service Provider;

Filling in the fields "Email" and "Share your comment" is necessary to use the Contact Form.

The Contact Form E-Service is provided free of charge and is of a one-time nature. The Contact Form E-Service shall be terminated upon sending a message to the Service Provider through it or upon earlier discontinuation of filling in the fields of the Contact Form.

The Service Provider shall not be responsible for cases of unavailability of the Contact Form occurring due to the failure of the telecommunication communication system and for other consequences of the malfunction of telecommunication links and damages caused by them.

The Service Agreement
The Client has to place the Purchase Order to conclude the Service Agreement.

The Client can place the Purchase Order 24 (twenty four) hours a day via Website Service.

After the registration and logging in and accessing the Account, the Client places the order of the Giftoin he is interested in by activating the link placed under picture of the sale cart and text “Place Order under Payment Obligation”.

The Client is obligated to indicate in the Order Form following personal data.

If the Client requested of issuing the invoice, Client is additionally obligated to indicate: 5.1. The name of the company, which is operated by the Client; 5.2. Tax identification number; 5.3. Registered address;

In the Order Form there is also required to indicate main features of the Service Agreement: 6.1. Name of the Giftoin, which takes place as a result of adding the Giftoin to the sale cart. 6.2. Quantity of the Giftoins; 6.3. Method of payment.

The process of placing the Purchase Order ends upon clicking by the Client the mouse button on the “PAY” button. Performing this activity means placing the Purchase Order and conclusion of the Service Agreement with the Service Provider of the Giftoins.

The payment
The Service Provider provides for the following modes of payment arising from the Service Agreement: 1.1. Payment via representative; 1.2. Payment via 1.3. Payment via payment provider – PayPal - PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349)

Purchased Giftoins are automatically delivered to the electronic mail address, indicated in the Order Form after payment is recorded by the payment system.

Prices
The Giftoins prices presented on the Website Service are expressed in Polish zloty, Euro, USD and Pound Sterling.

The total cost of the Purchase Order is indicated in the Order Form before placing the Purchase Order by the Client.

Liability
The Administrator is not liable for the damage which occurred as a consequence of not providing to the User the E-Services and performing Service Agreement rendered under these Terms of Service, as a result of the circumstances for which the Administrator is not responsible, especially those due to force majeure, equipment failure, errors or third party intervention.

The Administrator is not liable for the damage which occurred as a consequence of a temporary unavailability of the Website Service, being a result of the implementation of changes and the Website Service modernization.

The Administrator is not liable for the consequences of non-performance or improper performance of the obligations assumed by anybody, via Website Service, and for the capacity of those persons to assume obligations.

Entities independent of the Administrator are allowed to place advertisements on the Website Service using reference marks (links), banners etc. The Administrator bears no liability for the offers, information or actions performed by third parties. The User who decides to act in compliance with the advertisement, does it at his own risk.

The Administrator bears no liability for the consequences of gaining the Client’s password by a third party.

The Administrator is not liable for the damage which occurred as a consequence of not making or inappropriate making of payment via payment provider.

The Service Provider has a legal obligation to provide the Consumer with a Giftoin without defects.

The basis and scope of the Service Provider's liability to the Consumer if the delivered Giftoin has a physical or legal defect are defined by generally applicable laws, in particular the Polish Civil Code.

Liability to the Client who is not a Consumer and an Entrepreneur on the rights of a Consumer is excluded.

If the Giftoin received by the Client who is a Consumer is defective, he may exercise his rights from the Service Provider under provisions of the Polish Civil Code.

The Consumer may file a complaint, for example: a. in writing to the address: 22B /21A Bartycka; 00-716 Warsaw b. in electronic form via e-mail to: [email protected]

The Service Provider will respond to the Consumer's complaint no later than within 14 calendar days from the date of its submission. If the Consumer has requested replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Service Provider has not responded to this request within 14 calendar days, it is considered that the Service Provider has recognized the request as justified.

The Consumer may, within 14 calendar days, withdraw from the contract concluded with the Service Provider, without giving any reason and without incurring costs other than those provided by law and indicated in the Regulations. To meet the deadline it is sufficient to send the Service Provider's statement of withdrawal from the contract before its expiration. However, this right does not apply in the cases described in this section below, in particular a. in the case of a contract for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal and after the Seller has informed him of the loss of the right to withdraw from the contract; b. in the case in which the price depends on fluctuations in the financial market, over which the Service Provider has no control, and which may occur before the expiration of the deadline for withdrawal from the agreement.

Client hereby acknowledges the nature of Service Agreement and GIFTOIN (digital content that is not recorded on a tangible medium / the price depends on fluctuations in the financial market, over which the Service Provider has no control) and lack of right of the right to withdraw from the Service Agreement.

The User and the User who is a Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws No. 4 item 25, as amended) to resolve a dispute. Information on how to access the above dispute resolution procedure and procedures can be found at the following address: http://www.uokik.gov.pl, in the sub-page "Settlement of consumer disputes".

Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on Online Dispute Resolution for Consumer Disputes, a Consumer has the option to file a complaint through the ODR platform at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

The ODR platform is a platform for online dispute resolution between consumers and traders at the EU level, which is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.

The Consumer has the option of using out-of-court means of complaint handling and redress, for example, by submitting a request for dispute resolution to a permanent amicable consumer court or submitting a request for out-of-court dispute resolution to a Provincial Inspector of the Commercial Inspection.

Complaint procedures
If the Services provided by the Administrator are not realized in accordance with these Terms of Service, the User is entitled to file a complaint.

The complaint can be also filed when the User or other person starts to entertain doubts about the quality of the Services provided by the Administrator or states that their rights have been violated due to the Website Service’s functioning.

The complaint can be filed by electronic means, via email: [email protected].

The complaint application has to contain: a. name and surname; b. company name; c. electronic mail address; d. the reason of filing a complaint and a detailed description of the manner and range of violation; e. where possible, evidence to support the complaint, in particular the screenshot.

If the reason of the complaint is failure to deliver the Giftoin, The Client’s complaint is being considered without undue delay, no longer than within 24 hours counting from the date of its receipt in a correct form and with the proper content.

If delivered Giftoin has faults the Client is entitled to withdraw from the Service Agreement, demand the refund of the purchase price or deliver the Giftoin free of any defects.

For fault or defect of the Giftoin is considered in particular no possibility of its activation.

In Particular, lower than recommended computer technical parameters resulting in malfunction of the Giftoin can not be considered as fault or defect of the Giftoin and be the reason for complaint.

After the Purchase Order has been completed and Giftoin registration key or activation code has been used by the Client the Giftoin can not be returned.

The Reply to the complaint shall be sent by electronic means to the electronic mail address, from which it was sent.

Administrator’s rights
The User interested in gaining Access to the Website Service run by the Administrator, should have: 1.1. The computer with Internet access; 1.2. The Internet browser: Mozilla Firefox version 8.0 or later, Internet Explorer version 7.0 or later, Opera version 10 or later, Google Chrome version 17 or later; 1.3. Display resolution 1024x768 at least; 1.4. Support for cookie files enabled in the Internet browser
Intellectual property rights
The Website Service is the Administrator’s property. The source code, the database, the Website Service’s software enabling the usage of E-Services, concluding Service Agreement marketing materials and other elements having features of a composition, available on the Website Service, are the Administrator’s sole intellectual property.

The User is entitled to use the Website Service and the data it contains only in a range stated in the Terms of Service – for his own needs. As a consequence, the User is not allowed especially to: 2.1. Translate, adapt, change the structure or perform any other modifications to the Website Service’s data. 2.2. Disseminate, duplicate, copy, use in whole or partially the information present on the Website Service, especially on the basis of lending, lease, tenancy or sale; 2.3. Giving access to the Website Service and its database to the third party, including sharing the password with the third party; 2.4. Gaining information about the internal structure or functioning of the Administrator’s Website Service’s software; 2.5. Unauthorized downloading, changing or deleting the Website Service’s data; 2.6. Recording and multiplying data downloaded from the Website Service, except making printouts for one’s own purposes.

Every breach of the Administrator’s intellectual property rights by the User results in civil and/or criminal liability.

Final provisions
The Administrator reserves the right to make amendments to the provisions of these Terms of Service unilaterally, at any time, without giving reasons.

The Administrator is obliged to inform the Users about any amendments to the Terms of Service immediately, by publishing them in a form of the Terms of Service uniform text on the Website Service.

The Administrator shall inform the Clients about changing the Terms of Service via email. The information will be limited to indicating the address of the website where the new version of the Terms of Service is available.

The date of publishing the amended provisions of the Terms of Service is the date of them coming into force. The amended provisions of the Terms of Service shall apply to the Agreements concluded before the date of them coming into force only if the User does not terminate the Agreement within 14 day’s period counting from the day of being informed by the Administrator about changing the Terms of Service.

The governing law for the Terms of Service is the law of the Republic of Seychelles.

The governing law for all legal agreements between the Service Provider and the Client as well as for services provided by electronic means is the law of the Republic of Poland.

Personal data provided by the Users are gathered and processed by the Administrator in accordance with the legal Terms of Service in force and with the Privacy Policy – a separate document published on the Website Service.

The Client should contact the Administrator via email: [email protected] or contact form.

The Client should contact the Administrator using the email address given during the Registration process.

The Terms of Service are available at the Website Service in its valid version.