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Terms

Last updated 25th of February 2022

Welcome to our website ("Portal")!

These terms and conditions („Terms“) are applicable for all services and products which you access via the Portal. Read them carefully, as well as our Privacy Policy, and Cookies Policy, before you proceed, for they set out the contractual basis for any transaction occurring on that website.

By continuing to use the Portal, you („Customer“) are acknowledging that you have read and agree to the Terms, as well as to the Privacy Policy, when purchasing goods and services from the Portal. If you disagree with these Terms and the Privacy Policy contained herein, you are not allowed to proceed with using the website and you must refrain from doing so.

1. Ownership

This website is a Portal owned and operated by EverSurf OÜ, a company duly incorporated and existing under the laws of the Estonia with reg.No.16395207 and with registered office address Endla tn 4, Tallinn, Harjumaa, 10142, Estonia, of a compliant ecommerce Platform, owned and operated by ZEROTH CORPORATION, a company duly incorporated and existing under the laws of the Republic of Seychelles, with reg.no.228640 and with registered office address in House of Francis,Room 303, Ile Du Port, Mahe, Seychelles.

These two companies, together with any subsidiaries, parent companies and their subsidiaries, shall be - only in respect with conducting the business activity and participating into the relationships stemming from this agreement and only for the goals and as per the terms of this agreement - hereinafter referred jointly to as the „Providers“.

2. Service

Providers deliver a Portal of the online electronic commerce Platform selling gift cards and other forms of corporate cash and prepaid goods and services ( „Products“), that are redeemable by the Customer with a third-party, in exchange of payment by the Customer to Providers denominated and executed in cryptocurrency. The Portal allows the Customer to select the country where to purchase a Product and displays all the offers available in that country. The Portal displays different Product categories and allows the Customer to select from the appearing names and logos of the third-parties which Products are available on the Portal for purchase.

3. Availability

The proper functioning of the Portal depends on its interaction with third-party suppliers and ultimately on the Product issuer. Transactions may, from time to time, fail due to technical or other reasons. Customers therefore acknowledge that Providers may not be liable for a technical issue that may affect its transaction.

4. Sales

The terms of sale of a particular Product comply to the rules applicable to and as set forth by the particular Product issuer.

5. Limitations

The Customer can buy Products to the quantitative and price extent which is set for each and every Product and as they appear in the particular Product menu on the Portal site.

6. Refund

As stated above, the purchase of Products depends on the proper functioning of third-party systems. From time to time, the failure of such systems may cause a transaction to fail in ways like: (a) the Customer did not receive the Product, after having paid (b) the Product was received but can not be redeemed at the issuer, (c) the Product was received but appears to not be valid. In case of (a) after all appropriate diligences are made by us to provide for the delivery of the Product or understand the cause of delay, the Customer may request for a refund from Providers. In case of (b) or (c) the Customer shall inform us. Providers then will start the appropriate diligences with the relevant third-party providers in order to correct the issue. Should the third-party supplier or issuer fails to correct the issue and agrees to refund us, we then refund the Customer. Please, note that the Customer enjoys no cooling off period of any kind after acquiring a Product. Once a Product is received, no refunds or reimburses are allowed. Refunds must be requested within 30 days from the date of transaction. The Customer solely bears the full responsibility and consequences of sending incorrect amount or to incorrect address or essential part of it (extra id field like message/memo/paymentid) or to expired offer, and bears all costs of attempt for refund or recovery of such sum if such requested. All refunds shall be executed by the Providers by a return transaction in a currency of Providers choice on their sole discretion and all the costs of refunding will be deduced from the refunded amount. For all refund or delivery failure communication with Providers, the Customer shall contact [email protected]. The proper conduct of a refund procedure may require you to undergo complaince checks and other identity and sources authentication procedures like, but not limited to, KYC/AML.

7. Responsibility of the Customer

It is fully and solely the Customers liability – against himself, Providers or any third-party – for any errors, mistakes, losses or damages that arise from: (i) the provision of incorrect, inaccurate, false or fake information, (ii) the acquisition, resale, use or other related activities of the Product, in a manner which infringes any applicable laws, regulations, contractual terms and conditions ot other norms. The Customer is solely responsible for the accuracy and correctness of all the information inserted on that Portal of the ecommerce Platform, as well as for maintaining the confidentiality of its password, account and one-time codes and for any activities and transactions occuring under that account. Providers shall not be liable to any person for any loss or damage which may arise as a result of any failure by the Customer to protect confidentiality of their access.

8. Unlawful use

The Portal and the Products shall not be used, in any way, to infringe or circumvent any applicable laws and regulations and any unlawful behavior or attempt of execution of such intent of use is absolutely prohibited on the Portal. The Customer is aware and consents to, that should Providers become aware, or reasonably suspect, that a Customer is conducting unlawful activities, or otherwise breaking applicable laws and regulations, or third-party rights, such Customer activities, including but not limited to its purchase history and other data pertaining to its account, will be reported to the relevant authorities, and its access may be restricted until further notice. Products purchased on the Portal may not be re-sold and shall be redeemed only either by the Customer, on the Customer’s behalf or by someone to whom the Customer has gifted the Product.

9. Payments

All Customer payment transactions that go via the connected payment services facilities automatically undergo KYC/AML checks at these facilities' operators. This may trigger KYC/AML procedures on case by case basis according to the facilities algorithms and policies, and which will be dealt entirely and solely between Customer and said facilities without the Providers to be involved whatsoever.

10. Limitations of liability

For jurisdictions that limit the ability to disclaim liability, Providers liability shall be deemed limited to the maximum extent permitted for disclaiming liability by the applicable law.

11. Disclaimers

No members of Providers teams (such as employees, contractors, directors, advisors, management members and other collaborators, including of subsidiaries and/or parent companies and their subsidiaries and staff), bare no liability based upon Customer’s use of, or reliance upon, the Portal or the Products purchased. For the avoidance of doubt, Providers are not responsible for any decision one makes, or actions they take, based on visit to the Portal or information obtained herein. Providers shall not be liable to any person for any loss or damage which may arise from the use of any information contained on the Portal. Providers accepts no responsibility whatsoever for viruses, malware or other malicious or damaging software on Customer’s devices, the Customer is solely responsible for their cybersecurity. The Portal website may include links to third-party websites, plug-ins and applications. From the moment a Customer clicks such a link, Providers are no longer responsible for the content seen or otherwise accessed, for the reason that Providers do not control such third-party websites, Providers do not accept any responsibility and does not bear any liability whatsoever for third-party hyperlinks available through the Portal for their respective contents, hyperlinks or eventual security flaws. Any access to or use of a third-party site via the Portal is solely at the Customer’s own risk.

12. Personal Data Protection and Providers Global Privacy Policy

The Providers take the privacy and protection of the personal data of our Customers extremely seriously.

12.1. Cookies

This policy relates to the Portal website and explains how it deploys cookies and what options do you have to control them. Cookies are pieces of data, stored in text files on your device when the website is loaded in a browser. They are used mainly to account for Customer preferences. If cookies get disabled this may limit the website functionality. Providers use only essentially functional cookies to enhance the website performance for the Customer and improve their user experience. The cookies we use are:

NamePurposeBelongs to
tLogin/Authenticationgift.surf
CookieConsentGDPR consent cookiegift.surf
oShopping cartgift.surf
uAnalytics/Service improvementgift.surf
aAnalytics/Service improvementgift.surf
_pk.*Analytics/Service improvementgift.surf

A cookie notice appears when the Portal website is accessed requesting Customer consent for using these cookies. The Customer consent should be free, explicit, unambiguous and properly informed by this Cookie Policy. When you consent Providers place cookies on your browser. Without consent Providers will not deploy any cookies in your browser. Cookies consent can be opted-out by the Customer at any time by clicking there.

For any queries about the Providers use of cookies or other related questions – after referring to our Privacy Policy, the Customer may contact us at any time at [email protected] .

12.2. Privacy

Providers care about your Privacy. The right to privacy is a basic human right. As a licensed Portal of a globally reaching ecommerce Platform Providers cater for and gladly and duly complies with jurisdictions of very high legal standards for Customer privacy and personal data protection.

From this Providers Global Privacy Policy the Customer understands that: Providers collect Customer data from the Customer and their actions; Providers process only what is needed in order to perform what the Customer have asked for or consented to or what the law requires Providers to; Providers protect Customer data with appropriate technology and Providers do not share this data with anyone, including with law enforcement unless Providers are obliged and duly addressed to by laws and regulations.

Providers can collect your data directly (i.e. when and what you give), indirectly (i.e. if and what somebody else gives) or through automated technologies (cookies).

In order to use this Portal to the licensed ecommerce Platform Providers do not require any data that will have Customer identified or identifiable, unless laws and regulations on the Product the Customer acquires from the Portal may require so.

Providers will only process Customer data that is adequate, relevant and necessary for the purposes outlined herein, as: (I) contact data (like your email and phone number), (ii) technical data (like your IP), (iii) usage data (like how you use the Portal services), (iv) marketing and communication data (like your marketing preferences), (v) any other personal data provided by you in the course of your engagement with the Portal.

Providers do not collect any special categories of personal data about the Customer like: ethnicity, nationality, religious belonging or beliefs, philosophical positions, political opinions, sex life, sexual orientation, gender, health or genetic or biometric data, etc., nor are Providers collecting any information about Customer status of criminal record, convictions, registrations and offences or credit status or history.

Some services require you to give us personal data (e.g., your phone number or e-mail to deliver a top-up or gift card). We may not be able to perform the services unless you consent to the processing of such data. In the instances where Customer gave us access to identifiable data, we may use it for the following purposes:

- In order to provide the services and manage the Customer relationship we collect contact data on the lawful basis for processing including basis of legitimate interest of: (a) performance of a contract with Customer; (b) necessity to comply with a legal obligation; (c) necessary for Providers legitimate interest, to keep Providers records updated and to study how Customers use the Portal services.

- In order to administer this Portal to the licensed ecommerce platform website Providers collect contact data necessary for Providers legitimate interests for running the business, provision of administration and IT activities, network security, preventing fraud and necessities to comply with relevant legal obligations.

- In order to effect for advertisement, data analytics and delivering recommendations, Providers collect contact, technical, usage, marketing and communications data, necessary for the Providers lawful interests to study how Customers use the Portal services and website, to develop them accordingly to this knowledge, to grow the business into more fulfilling for the Customer.

Providers will retain Customer personal data for only as long as reasonably necessary for fulfillment of the above stated purposes and needs or as established by regulatory or legal requirements, as longer periods of retaining Customer personal data in the event of a complaint or if Providers reasonably accept that there is a prospect of litigation in respect to the relationship with a Customer.

Providers do not disclose Customer personal data to third parties, except as described in this policy. Providers might share Customer personal data with third parties only when needed to perform support services. Providers may also disclose Customer personal data under Customer instructions, to perform the contract entered into with Customer, to protect Providers and Customer rights and interests and those of Providers business partners or pursuant to Customer explicit consent. Finally, we may share your personal data, on a confidential basis, with subcontractors, for any of the purposes indicated above.

Providers shall not be selling any of your data to third-parties for profit. Providers understand the value of keeping Customer lives private and is under strong commitment to guard this.

Customer personal data shall only be disclosed to law enforcement authorities or other government bodies to the extent required by laws and regulations and under explicit lawful procedural lines, that is Providers shall not share Customer personal data unless expressly required to do so by an appropriate legal instrument like subpoena, a warrant or the legal equivalent in the issuing jurisdiction. Exceptional circumstances may determine different reasons, but only to the extent required and permitted by law.

More specifically Providers implement the following data security measures: (a) staff dedicated to cyber and physical security, incl. providing the staff with relevant training and continuously updating security practices for new risks in technology ; (b) use of specialized technology such as host-based security tools, network defense monitors, and intrusion detection systems; (c) security and operability checks of products and services before they are introduced to the Providers systems; (d) internal and external security tech audits, (e) ongoing monitoring of Providers infrastructure to detect weaknesses, intrusions and vulnerabilities; (f) protecting information during transmission via various methods, incl. cryptographic/encryption.

Under certain circumstances, the Customer has the following subjective rights under the various personal data and privacy protection laws: (a) the right to access, correct and erase Customer personal data. This enables the Customer to receive a copy of all the personal data that Providers hold in order to check if Providers lawfully handle and processes it, to correct any inaccuracies or request to the extent required or permitted by the law, the deletion of Customer data; (b) to object to the processing of Customer personal data where Providers are relying on a legitimate interest or those of a third party, and there is something about Customer particular situation which makes Customer to want to object to processing on this ground as Customer feels it impacts on their fundamental rights and freedoms; (c) request restriction of processing of Customer personal data by asking Providers to suspend the processing of Customer personal data if: customer wants the Providers to establish the data accuracy or if the use of data is unlawful but Customer does not want Providers to erase it or where Customer needs Providers to hold the data even if Providers no longer require it as the Customer needs it to establish, exercise or defend legal claims or Customer have objected to Providers use of their data but Providers needs to verify whether Providers has overriding legitimate grounds to use it or Customer to withdraw consent at any time where Providers are relying on consent to process Customer personal data or the Customer to request the transfer of their personal data from Providers to a third party.

Should the Customer wishes to exercise any of the rights set out above or contained in any relevant personal data and privacy protection legislation applicable, Customer may contact Providers in writing to [email protected]. No processing fee shall be incurred, unless if the request is unreasonable, repetitive, undergrounded and excessive, then Providers may invoice you for special services and/or to refuse to comply with such a Customer request in these circumstances.

The Providers aimed timing of response to all legitimate requests is within one month from receiving the request. Occasionally it may take longer than a month if Customer request is particularly complex, or Customer made a number of requests, or if the processing of the request involves engaging third parties. In such a case Providers will notify the Customer and will keep them updated.

The Portal website and services are not intended for children. The Providers never knowingly collect personal data from children. If a person is a child or legally requires a custodian consent and provides to Providers any information without parental or custodial consent, if Providers learn that they have collected or received personal data from such a person without verification or co-consent, then Providers will delete such information.

For any matter related to Providers Global Privacy Policy including Cookies Policy or with how Providers process Customer personal data, Providers may be contacted at [email protected].