Conditions d'utilisation des cartes-cadeaux

Table des matières

TERMS AND CONDITIONS OF CONTRACTS OF COMMISSION ON ACQUISITION OF GIFT CARDS

The last update was published on: March 31, 2025

The last update will come into force on: March 31, 2025

  1. Scope of the terms and conditions
    1. These terms and conditions (hereinafter – Terms and Conditions) as well as the documents referred herein, stipulate the terms and conditions as well as procedures, under which Rewards Distributed, UAB (hereinafter – Agent) undertakes for remuneration to conclude upon mandate of another party (hereinafter – Client) one or several transactions on purchasing of various digital gift cards (hereinafter – Gift Card Purchase Transactions) in Agent’s name but at the expense of the Client.
    2. Exemplary list of digital gift cards that Agent may be purchased for the Client is provided on the Website (as defined hereinafter).
    3. By placing an order (mandate) to the Agent to conclude a Gift Card Purchase Transaction Client obligates to be bind by these Terms and Conditions. After acceptance of the Client’s order (mandate) to conclude Gift Card Purchase Transaction by Agent the Terms and Conditions together with the documents referred herein form inseparable part of the appropriate contract between the Client and the Agent.
    4. The Terms and Conditions are standard, that is, prepared by Agent in advance for general multiple use, not harmonised with another party, and incontestably applicable to legal relations between Clients and Agent unless the certain contract clearly stipulates otherwise.
    5. Current version of these Terms and Conditions are available on the Website.
  2. Definitions
    3. The following capitalized definitions when used in these Terms and Conditions shall have the following meanings:
    1. Agent is Rewards Distributed, UAB, the private limited liability company incorporated under the laws of the Republic of Lithuania with its place of business at Lithuania, Vilnius, Laisvės pr. 60-1107, LT-05120, code 306096569.
    2. Client means a party to the Contract of Commission which provides mandate to the Agent for conclusion of a Gift Card Purchase Transaction on acquisition of one or more specific digital gift cards.
    3. Contract of Commission means the agreement of commission concluded between a Client and the Agent on conclusion of Gift Card Purchase Transaction.
    4. Gift Card means a virtual gift card, represented by an unique code/identifier, entitling the holder of it to obtain goods and/or services in a particular amount or value from an issuer of appropriate Gift Card.
    5. Gift Card Purchase Transaction means a contract concluded by Agent in performance of a Contract of Commission (upon mandate of Client). Gift Card Purchase Transactions are concluded on Agent’s name but at the expense of the Client.
    6. Intellectual Property Rights include all present and future copyright, all proprietary rights in relation to inventions (including patents), registered and unregistered trademarks, confidential information (including trade secrets and know how) registered designs, circuit layouts, and all other proprietary rights resulting from intellectual activity of the industrial, scientific, literary or artistic fields whether registered or not and whether capable of registration or not.
    7. Order means Client’s offer to conclude Contract of Commission with Agent.
    8. Platform means Agent’s internet platform where Clients may submit their Orders. The Platform is accessible through the Website.
    9. Redeem Page means the site on the internet where Clients may access, review details of and utilize the purchased Gift Cards. Some verification may be needed in order to access the Redeem Page through the access link dependant on certain circumstances (period of time that has passed since the access link was generated, etc.).
    10. Website means the Agent’s website https://coingate.com/gift-cards including all its subdomains.
    Where required by the context, the definitions used in the singular form in the Terms and Conditions shall be deemed to include their plural form and vice versa.
  3. Representations and Warranties
    1. By accepting these Terms and Conditions
      1. Client confirms that they are eligible to purchase Gift Cards through the Agent by complying with criteria listed.
      2. Client confirms that they have read, understood and agree with these Terms and Conditions.
      3. Client commits to be bound by these Terms and Conditions.
      4. Client agrees and acknowledges that any and all actions (transactions) performed by them while purchasing a Gift Card through the Agent and related to the conclusion and implementation of the Contract of Commission shall be valid and causing the same legal effects as the actions (transactions) formalized by a paper documents signed by Client.
      5. Client agrees and acknowledges that they are purchasing a Gift Card through the Agent for Client’s personal use only (including for the purposes as a gift to a third person) and Client will not resell it or otherwise engage in commercial activity for offering/trading of obtained Gift Card to third parties.
      6. Client confirms their understanding that the Agent is neither seller nor reseller of any Gift Card and does not exchange, redeem, refund or otherwise take back Gift Cards purchased through it.
      7. Client understands that they are solely responsible for determining the suitability, risks and appropriateness of Gift Cards.
      8. Client confirms that source of funds used by them to purchase a Gift Card are owned by the Client and are derived from legitimate sources.
      9. Client confirms that the Agent has not advised them, nor individually recommended to them to purchase a Gift Card, excluding any advertisement of possibility to purchase Gift Cards through the Agent.
      10. Client confirms their understanding that legal requirements vary worldwide, and it is Client’s responsibility to make sure that they comply with any and all local regulations, directives, restrictions and laws in appropriate place of residence before purchasing any Gift Cards through the Agent.
      11. Client confirms that their purchase of any Gift Cards through the Agent does not violate any applicable laws or regulations of any jurisdiction that applies to the Client.
      12. Client confirms their understanding and consent that they will lose the right to withdraw from the Contract of Commission after the Agent has fully executed it.
    2. By accepting these Terms and Conditions, Client represents and warrants that all of the above is true and accurate on the day of acceptance of these Terms and Conditions and fulfilment of Contract of Commission.
    3. The Agent does not warrant that purchased Gift Cards will be free from defects, continuously available or error free, or that defects will be corrected in a timely manner or at all. Consequently, Client agrees and accepts that all Gift Cards and all related information are provided on an “as is” and “as available” basis without warranty of any kind, express or implied.
    4. The Agent does not warrant that the Gift Cards purchased through the Agent, including those provided in the exemplary list on the Website, will meet Client’s requirements (e. g. Client will be able to get desirable goods and/or services for Gift Cards purchased through the Agent). Any relations regarding use/withdrawal/redemption of Gift Cards purchased through the Agent are exclusively between Client and the relevant issuer of the Gift Card as well as all complaints regarding use/withdrawal/redemption of Gift Cards purchased through the Agent shall be directed exclusively to the relevant issuer only.
    5. The Agent does not exchange, redeem, refund or otherwise take back Gift Cards purchased through it.
    6. To the fullest extent permissible by law, the Agent makes no representations, warranties or conditions of any kind, express or implied, with respect to Gift Cards or any purchases made with Gift Cards, including without limitation, any express or implied warranty of fitness for a particular purpose, title, or non- infringement, or any warranty arising by usage of trade, course of dealing, or course of performance.
  4. Conclusion and execution of Contract of Commission
    1. Client wishing to obtain a certain Gift Card through the Agent by concluding a Contract of Commission must:
      1. Submit a relevant form of Order through the Platform; and
      2. Make an advance payment of a full price (including commission payment) of Gift Card they wish to obtain.
    2. When placing an Order Client must select and notify the region where the Gift Card will be used. Other information to be provided in the Order is specified on the Website.
    3. By placing an Order on the Platform Client accepts and agrees to fully comply with these Terms and Conditions. Any deviations or supplements to these Terms and Conditions shall only apply if they have been expressly accepted by the Agent in writing.
    4. Upon receipt of the Order and payment indicated in the Clause 4.1 of these Terms and Conditions the Agent will promptly check if the Order can be fulfilled (whether the Agent can fulfil the Order on conditions provided for therein or whether there are no other obstacles for fulfilment of the Order). The Client will be informed about the confirmation of their Order (and conclusion of Contract of Commission) by changing status of the Order on the Platform to “confirmed” and sending them corresponding notification to their email address. The Agent shall exercise its own discretion in accepting or rejecting an Order.
    5. The Agent, unable to fulfil the Order on terms and conditions provided forth therein, may offer the Client its own terms and conditions. In the latter case the Contract of Commission will be deemed concluded upon Client’s confirmation of acceptance of the Agent’s terms and conditions. The Parties acknowledge that after the conclusion of the Contract of Commission the composition of Gift Cards to be purchased may not be changed without the written agreement of both Parties.
    6. Upon conclusion of the Contract of Commission in accordance with the procedure provided for in the Clause 4.4 of these Terms and Conditions, an access link to the Redeem Page of the Gift Card purchased will be sent to the Client’s email address. Once the access link to the Redeem Page of the Gift Card purchased is sent to their email address, the Client cannot denounce a respective Contract of Commission as it is considered concluded and executed.
    7. In case of overpayment of ordered Gift Card, the overpaid amount (in excess of the requested amount), upon Client’s request, may be refunded to them by the third parties, after deduction of the applicable fees and other costs.
    8. The Agent reserves the right to determine minimum and/or maximum values of Gift Cards that can be purchased through the Agent, by indicating such restrictions on the Website. The Agent shall also reserve the right to determine the minimum amount that can be refunded under the clause 4.7 above. If the amount requested is lower than the minimum refundable amount, the Agent shall have the right to not issue a refund.
    9. Orders confirmed by the Agent are stored on the Platform and are accessible for the Client for at least the duration of the Contract of Commission. The Client also may download or print their Orders at any time.
    10. The Parties acknowledge that rights and duties in respect of the Gift Card Purchase Transaction concluded by the Agent with a third person shall fall on the Agent, even though the Client was also named to the third person or entered into direct relations with that third person.
  5. Obligations and rights of the Parties
    1. Agent shall start execution of Contract of Commission immediately after conclusion of it. The amount of time required to purchase and transfer a Gift Card and any refunds referred to in clause 4.6 above depend on various factors, including the performance of third parties. The Agent makes no guarantee as to when a purchased Gift Card and any refunds will become available to the Client.
    2. Agent shall use its best efforts to perform the commission mandate assumed by the Contract of Commission on the conditions most advantageous to the Client in accordance with provisions of the Contract of Commission and without undue delay. Client acknowledges their understanding that prices of Gift Cards may change at any time, and the Agent in no event provides price protection or refunds in the event of price reduction after conclusion of appropriate Gift Card Purchase Transaction.
    3. Client acknowledges their understanding that there are certain restrictions when purchasing gift cards using certain payment methods. In the event that the purchase amount exceeds EUR 700, it may be required to undergo a Know Your Customer (KYC) procedure in order to successfully process the payment. This is a standard practice of payment processors.
    4. Agent shall not be liable towards Client for the failure of a third person to perform a Gift Card Purchase Transaction. All risks related to usage of a Gift Card will be Client’s sole responsibility. Any relations regarding use/withdrawal/redemption of Gift Cards purchased through the Agent are between Client and the issuer of the Gift Card as well as all complaints regarding use/withdrawal/redemption of Gift Cards purchased through the Agent shall be directed to the issuer of that Gift Card only.
    5. In the event of failure of a third person to perform a Gift Card Purchase Transaction Agent is obligated to immediately inform the Client thereof and provide them with the information at his disposal related to the conclusion and execution of that Gift Card Purchase Transaction and assign appropriate right of claim to the Client.
    6. The Agent reserves the right for the purpose of performing of the Contract of Commission, to conclude a contract of sub-commission with another person, remaining liable towards the Client for the actions of the sub-commission agent.
    7. Agent shall have the right to deviate from the instructions of the Client regardless of possibility to acquire the approval of the Client. If the Agent has purchased a digital Gift Card at a higher price than agreed with the Client, the Client shall be obliged to immediately notify the Agent about their refuse to accept such purchase. Otherwise, it shall be deemed that the Client has accepted the performance of the Contract of Commission.
    8. Gift Cards purchased by the Agent at the expense of the Client shall be the ownership of the Client from the moment of the execution of relevant purchase agreement. However, Agent shall have the right of retention in respect of the Gift Cards and which are subject to transfer to the Client if the Client fails to perform their obligations in respect of Agent.
    9. The Agent shall act as an independent contractor. Agent’s employees, subcontractors and any other persons acting on behalf of Agent in the performance of the Contracts of Commission shall not act as employees of the Client. Client is advised and encouraged to provide Agent with instructions what the Agent should do in a case if it was unable to purchase Gift Card on Client’s terms and conditions, however Client shall not at all times interfere with methods and ways of performance of the Contracts of Commission.
    10. The Client is entitled to provide their e-mail address or an e-mail address of a recipient of a gift, to which the access link to the Redeem Page should be sent. The Client is strongly advised to be attentive when providing relevant e-mail address to the Agent as the latter shall not check whether e-mail address is correct and valid. All risks related to and consequences of incorrect information provided by Client is assumed solely by the Client.
    11. The Client shall be obliged to accept from the Agent everything received under the commission and relieve the Agent from the commitments assumed by him to a third person in the performance of the Contract of Commission.
    12. Client shall pay to the Agent for the commission in accordance with the Contract of Commission.
    13. Client shall not use the Contract of Commission and/or Gift Cards purchased through the Contracts of Commission for purposes and/or activities that may harm Agent’s brand and image, or for morally or ethically dubious purposes, or purposes which might violate applicable laws and regulations.
    14. Client shall respect Intellectual Property Rights of Agent.
    15. Client is entitled to receive reports on fulfilment of the Contract of Commission, to receive and use results of the commission.
  6. General provisions related to usage of Gift Cards
    1. Unless expressly stated otherwise in a specific Contract of Commission, Gift Cards will be purchased on the following terms and conditions that are common practice and/or agreed between the Agent and their respective issuers:
      1. Validity Period. Gift Cards are valid for a period of one (1) year from the date of purchase of the Gift Card (“Validity Period”).
      2. Activation. Gift Cards are activated and ready to use immediately upon purchase or them.
      3. Expiration. Each Gift Card will expire automatically at the end of the Validity Period. Upon expiration, any remaining balance on the Gift Card will be forfeited and cannot be redeemed, refunded, or credited.
      4. Non-Extendable. The Validity Period is non-extendable. Issuers of Gift Card are not obligated to extend the expiration date of any Gift Card under any circumstances.
      5. Non-Refundable. Gift Cards, once purchased, are non-refundable and cannot be exchanged for cash in part or full. This condition applies irrespective of the Gift Card’s remaining balance.
      6. Responsibility. It is the Client’s and/or holder’s of a Gift Card responsibility to be aware of the Gift Card’s expiration date. Issuers of Gift Cards are not obligated to provide reminders or notifications regarding the impending expiration of Gift Cards. It is advised that all Gift Card holders use their Gift Cards in full prior to the expiration date to maximize the value of their purchase.
    2. It is strictly prohibited to use any of Gift Cards purchased through the Agent for any of the following:
      1. Otherwise, than for Client’s personal use or as a gift to a third person. Client is prohibited from reselling their Gift Card or otherwise engaging in commercial activity for offering/trading Client’s Gift Card to third parties.
      2. To conduct or engage in any illegal, fraudulent, malicious or otherwise unlawful activity.
      3. To hide or disguise the proceeds of any illegal or unlawful activity.
      4. To conduct or engage in activity in a way that the Agent reasonably believes might harm its ability to provide services, including those under Contracts of Commission.
      5. To engage in any other use or activity that breaches these Terms and Conditions or is not in conformity with sustainable activities of the Agent, ensuring human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Agent.
    3. Certain issuers of Gift Cards may apply specific provisions in relation to usage of their Gift Card. Clients are encouraged to check this information usually available on the websites of issuers.
    4. By ordering a Gift Card and/or using a Gift Card purchased through the Agent, Client acknowledges and agrees to the terms set forth above regarding the Validity Period and other conditions of use.
    5. The Agent reserves the right, without any prior notice or explanation, to refuse any person from concluding and/or execution of a Contract of Commission if the Agent has a reasonable doubt that the activity being carried out by that person is in violation of any of the prohibitions specified in this section.
  7. Payments
    1. The agreed remuneration for the commission shall be deducted from the sums paid by theClient for a Gift Card immediately after completion of the relevant Contract of Commission.
    2. Relevant invoices for the amounts of commission shall be accessible for the Client through the relevant access link sent to the Client to their e-mail address.
    1. The Agent seeks to comply with all relevant laws and regulations.
    2. In addition, by using Agent’s services, Client may be asked to provide additional information and/or documents that enable the Agent to verify Client’s identity. From time to time, the Agent will perform additional reviews of transactions, that are required due to banking partners’ additional due diligence. The Agent will provide prompt notice to a Client if additional action from their side is needed. In order to use Agent’s services, Client agrees to cooperate with the Agent’s information requests for such additional information when additional documentation is required. If a Client fails to provide the required information, the Agent may be unable to complete transaction. The Agent will not be liable to take any responsibility for such a transaction failing.
    3. The Agent shall have the right to verify information provided by a Client using reliable and independent sources of information and other lawful methods.
    4. The Agent shall perform monitoring of Clients’ purchases of Gift Cards through the Agent and in a case of suspicious and/or unusual purchases, shall have the right to reject them. In that case, the Agent will not be liable to Client for any default on any obligations and/or for any damages or losses sustained by them.
  8. Security Measures
    1. It is a Client’s sole responsibility to keep the unique codes/identifiers constituting the Gift Card purchased by them safe. If Client pass on the unique codes/identifiers constituting the Gift Card to any third party, lose them or such information becomes otherwise accessible to any third party, the Client is fully responsible for any possible adverse consequences. The Agent assumes no responsibility for Client’s loose, destruction and/or unlawful usage of their Gift Cards.
    2. There are a variety of Gift Card scams that request payment by Gift Card. The Agent is not responsible for, and assume no liability to a Client for any unlawful conduct or fraud by any third party associated with any Gift Card.
    3. More tips and recommendations on security issues can be found on the Agent’s and/or respective issuer of Gift Cards websites.
  9. Development and Modification of Agent’s Software
    1. The Agent reserves the right to exercise its discretion at any time to develop, improve, and otherwise modify Website and/or the applications comprising the Agent’s systems or other programs related to purchasing Gift Cards through it, the functions and functionality of Website and/or systems, including, but not limited to: quantity of functions (by both increasing and decreasing it) their scope (by both increasing and decreasing it) procedure for use of the functions scope of data required for Client’s identification and identification procedures etc. If needed and possible, at its discretion the Agent will publish information about the changes indicated in this clause on the Website. The Agent assumes no responsibility for any losses and inconveniences to a Client and/or any third parties, which may be sustained as a result of exercising the Agent’s right indicated in this clause, or the Agent is released from such responsibility.
  10. Intellectual Property Rights
    1. Agent does not assume any obligations and/or responsibilities regarding any third party’s intellectual property related to Gift Cards.
    2. A Client acknowledges and agrees that the purchase of a Gift Card through the Agent may provide the Client with access to various documents, processes, software and other technologies and materials, to which the Agent and/or one or more third parties related with the Agent will hold all intellectual property rights, including:
      1. copyrights, rights affording protection similar to copyright, rights in databases, patents and rights in inventions, trademarks, rights in internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and other rights in Confidential Information, including under marketing legislation;
      2. all other rights having equivalent or similar effect in any country or jurisdiction in the world (collectively "Intellectual Property Rights").
    3. All copyrights, trademarks, patents, trade secrets and other Intellectual Property Rights relating to the purchase of any Gift Card, including the systems, platforms, software and documentation provided by the Agent to a Client are the property of the Agent and/or the third party which granted the Agent the right to provide/supply them, shall remain at all times the sole and exclusive property of the Agent or the relevant third party, and Client will have no right or interest in them except for the right to access and use them in order to purchase a Gift Card through the Agent under these Terms and Conditions.
  11. Data Protections
    1. Agent shall process Client’s personal data in accordance with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR) and other applicable legislation.
  12. Taxes
    1. Client is responsible for paying any taxes applicable to them in relation to purchasing of a Gift Card through the Agent.
    2. The Agent makes no representations in relation to tax liabilities, assume no tax liability for any Gift Card purchaser, assume no responsibility for the tax liability of any Gift Card purchaser, not for collecting, reporting, withholding or remitting any taxes arising from any Gift Card purchases.
    3. In case the Agent is obliged under applicable law or voluntarily decides to report to any competent authorities any information that is related with a Client’s tax obligations, the Client undertakes to provide the Agent with the requested documents, data and information.
  13. Liability and Indemnity
    1. To the extent permitted by law, the Agent excludes all liability and responsibility for any losses, damages, costs or expenses, whether in tort (including negligence), contract, warranty, product liability or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which a Client or any other person may suffer or incur in connection with the Gift Card purchased through the Agent, the use/withdrawal/redemption or inability to use/withdraw/redeem of a Gift Card purchased through the Agent, or otherwise.
    2. Where and to the extent liability for breach or any implied warranty or condition, or otherwise, cannot be excluded, the Agent’s liability to a Client is limited to the price of the Gift Card (giving rise to the claim for liability) Client paid through the Agent. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
    3. The Agent takes no responsibility for and will not be liable for any financial loss arising from the use/withdrawal/redemption or inability to use/withdraw/redeem of a Gift Card purchased through the Agent, including, but not limited to, inability to use/withdraw/redeem of a Gift Card due to insolvency or cessation of activities or any issues with the systems of a respective issuer, systems hacks, servers failures or data loss, security of unique codes/ identifiers constituting the Gift Card purchased by Client, unauthorized access to, or alteration, theft or destruction of the Gift Card, corrupted files or data, incorrectly constructed transactions or otherwise.
    4. The Agent takes no responsibility for and will not be liable for any non-compliance with Gift Cards’ quality or quantity requirements laid down in these Terms and Conditions or provided otherwise e. g. on the Agent’s Website, if such non-compliance is caused due to nonperformance or improper performance of any obligations of any third parties engaged by the Agent for the conclusion and/or fulfilment of Contracts of Commission.
    5. The Agent does not provide any financial or legal advice in connection with the Gift Cards. The Agent may provide information on the Gift Cards’ price, use, etc., but it should not be considered as financial or legal advice and should not be construed as such. Any decision relating to Gift Cards’ purchase is Client’s decision and the Agent will not be liable for any loss suffered in relation thereto.
    6. Without any limitation of other terms in these Terms, Client acknowledges that the Agent bears no liability for any damage, loss (including loss of profit), delay or failure to sell, process or deliver unique codes/identifiers constituting the Gift Card purchased by Client, inconvenience in delivery of Gift Cards purchased, in each case caused by or resulting from (directly or indirectly):
      1. any computer virus, spyware, scareware, Trojan horse, worms or other malware or cyber, phishing or spoofing attack that may affect your computer or other device.
      2. any “hard fork”, “soft fork”, or other change in the operating rules of an underlying virtual asset network.
      3. any rejection of a Gift Card order permitted under these Terms and Conditions.
      4. any other cause or condition beyond our reasonable control and/or depending on third parties.
    7. Client agrees to indemnify, release and hold harmless the Agent, its affiliates and any company under common ownership or control with the Agent or its affiliates as well as the officers, directors, agents, representatives and employees of the foregoing, from any claim, liability, loss, expense or demand, including legal fees, related to a Gift Card purchased by Client through the Agent.
  14. Amendments to the Terms and Conditions
    1. Agent reserves the right to amend in its own discretion at any time these Terms and Conditions by publishing an updated text of the Conditions on the Platform.
  15. Validity of the Terms and Conditions
    1. Should any provision of these Terms and Conditions appear to be in conflict with mandatory law and therefore null and void, this shall not make all the Terms and Conditions or the Contracts of Commission concluded on the basis thereof null and void. In such a case Agent shall undertake to replace the null and void provision of the Terms and Conditions with economically and legally nearest its equivalent.
  16. Miscellaneous
    1. Waiver. Any failure or delay by any Party in exercising any right or remedy in one or many instances shall not prohibit a Party from exercising it at a later time or from exercising any other right or remedy.
    2. Effect. All provisions of Contract of Commission which by their nature shall be intended to continue shall survive termination, including terms relating intellectual property restrictions and reimbursement of damages.
    3. Accrued rights. Termination of Contract of Commission shall not affect accrued rights and obligations of Agent and Client except unless such rights were accrued unlawfully.
    4. Governing Law. These Terms and Conditions have been prepared with reference to the law of the Republic of Lithuania. The Contracts of Commission and other agreements concluded on the basis of these Terms and Conditions and the legal relations resulting from or in relation to them shall be governed by the law of the Republic of Lithuania.
    5. Dispute Resolution. Any legal disputes arising from or in relation to the agreements concluded based on these Terms and Conditions shall be handled at a court of the Republic of Lithuania according to the seat of the Agent.
    6. Notices. Any notice required under these Terms and Conditions to be given by a Party shall be given in writing, in the English language, and shall be sent by e-mail, addressed to the other Party as indicated in respective.