The Company offers the User to enter into an agreement for the provision of intermediary and technical services (hereinafter — the Agreement) on the terms of this public offer (hereinafter — the Offer). By using the functionality of https://giftovik.com (hereinafter — the Website), the User may exercise rights and perform obligations provided for by the Agreement.
1. Preamble
1.1. For the avoidance of doubt, the parties have agreed as follows:
1.2. The Company enters into legal relations with the User subject to the provisions set forth above. Such provisions are material.
2. Terms and definitions
2.1. User — a natural person who uses the Website and has entered into the Agreement by accepting the Offer. The User must meet the following conditions: have no statutory restrictions on entering into the Agreement; act on the User's own behalf and in the User's own interests; be of legal age.
2.2. Company — LLC "Global Bridge", OGRN: 309678-3301-ООО, INN: 9909704508. Address: Kyrgyz Republic, Bishkek, Oktyabrsky District, Yunusaliev Street 185/1.
2.3. Website — the Company's website on the Internet, accessible at: https://giftovik.com. All information posted on the Website is deemed an integral part of the Offer. Access to the Website is granted on the terms of the License.
2.4. License — the following terms of granting access to the Website: license type: simple (non-exclusive) license; territory of use: worldwide (except for countries that prohibit use of the Website); license term: for the entire duration of the Personal Account; permitted type of use: reproduction of graphic and/or textual information on the User's device screen for the purpose of accessing the Website functionality; permitted method of use: the Website may be used to order services from the Company for the purchase of goods, as well as other related services; sublicensing: the User is not granted the right to grant sublicenses to use the Website.
2.5. Registration — Website functionality aimed at creating a Personal Account. Registration consists of the User entering Registration Data. Successful Registration constitutes consent (acceptance) of the Offer and conclusion of the Agreement between the Company and the User. During Registration, the User provides the following information: Name; E-mail; Password and password confirmation.
2.6. Authorization Data — a unique e-mail and password pair assigned to the User upon completion of Registration. Authorization Data is required to log in to the Personal Account.
2.7. Personal Account — Website functionality unique to each User, available after Registration.
2.8. Commission — information on the amount of agency remuneration charged by the Company for the service of purchasing goods. The Commission is dynamic and may be changed by the Company at any time. The Commission is indicated on the Website at the time the services are ordered. Such information on the Commission amount is an integral part of the Agreement.
2.9. Service — an online service provided by third parties that are not in contractual relations with the Company. The end user of the Service must be the User. If the end user of the Service is not the User but a third party, the User warrants that all necessary contracts and agreements with such third party exist to the extent sufficient for the Company to lawfully perform its obligations to the User.
2.10. Refund transaction — actions by the Company aimed at refunding funds paid by the User.
3. Term and termination of the Agreement
3.1. The Agreement is deemed concluded on the terms of the Offer from the moment of the User's Registration and remains in effect until the parties have fully performed their obligations.
3.2. If the User breaches the terms of the Agreement, the Company may, in a unilateral extrajudicial manner, refuse to perform its obligations under the Agreement (terminate the Agreement unilaterally) by fully suspending access to the Personal Account for the User without providing any warnings or notices.
4. Amendments to the Offer and the Agreement
4.1. The Company may unilaterally amend the Offer and the Agreement by publishing the Offer in a new version on the Website.
4.2. The Company undertakes to publish the new version of the Offer on the Website no later than the date of issuance of the Offer in the new version.
4.3. The User undertakes to independently, with reasonable frequency, but at least once every two (2) weeks, check the Offer for changes.
4.4. The User's use of the Website to receive or provide services after changes are made to the Offer constitutes consent to such changes.
5. Acceptance of this offer
5.1. Acceptance of this Offer is performed by the User by completing the payment procedure for the goods, as a result of which the Personal Account becomes available to the User.
5.2. Before entering Registration Data, the User must fully read and agree to the terms of this Offer and the Personal Data Processing and Cookies Policy.
5.3. If the User agrees to the terms of this Offer and the Personal Data Processing and Cookies Policy, the User enters Registration Data and confirms the entered password using the Website functionality.
5.4. By entering Registration Data, the User warrants the following: the Registration Data entered is complete and accurate; the User is and will remain the sole holder and lawful owner of the e-mail address (E-mail); entering another person's e-mail address is not permitted; the User understands that all actions performed through the User's Personal Account are deemed performed by the User; the User is aware of the need to take appropriate security measures to prevent third parties from accessing the e-mail account.
5.5. If, at the time of payment by the User, all of the above warranties were met, but during performance of the Agreement by the User one or more of the above warranties cease to be met, the User must immediately stop using the Website, providing or receiving services, and must immediately notify the Company thereof. Thereafter such User must act in accordance with instructions received from the Company, and the Company may delete such User's Personal Account and immediately terminate the concluded Agreement.
5.6. The User then confirms consent to the terms of this Offer and the Personal Data Processing and Cookies Policy by placing a [V] check mark in the corresponding checkbox.
5.7. After successful payment, Registration is deemed successfully completed, and a Personal Account is assigned to the User. The User accesses the Personal Account by entering Authorization Data.
5.8. The Company may refuse Registration to the User if the Company has grounds to believe: that the Registration Data entered by the User is inaccurate; that use of the Website is or will be performed by the User in breach of the warranties provided (including compliance with applicable law); that the User, at the Company's discretion, is taking actions that harm or may harm the Company's reputation.
5.9. The Company may cancel Registration already completed regardless of how long such Registration has existed. Cancellation of Registration occurs in the same cases as refusal of Registration.
6. Terms of use of the Personal Account
6.1. After Registration, the Personal Account becomes available to the User. Ordering and provision of services is carried out using the Personal Account.
6.2. The Company may suspend the User's access to the Personal Account in the following cases: grounds are identified to cancel the User's Registration; suspicious attempts to enter Authorization Data are identified (unauthorized access to the Personal Account); a request is received by the Company from a competent authority and/or person regarding the User's activities; on other grounds at the Company's discretion.
6.3. If access to the User's Personal Account is suspended, the following consequences arise: the User temporarily loses the ability to access the Personal Account by entering Authorization Data; regarding restoration of access to the Personal Account, the User may send a request to the Company by e-mail; based on the User's request received, the Company sends the User a request for information; a request for information may be sent by the Company on its own initiative. In any case, the User must act in accordance with the requirements contained in the Company's request to restore access to the Personal Account.
6.4. If all Company requirements are met and the Company has no other grounds to suspend access to the User's Personal Account, the Company restores access to the User's Personal Account.
6.5. The Company may permanently delete the User's Personal Account in the following cases: upon a request from the User sent by e-mail; if the reasons for suspending access to the Personal Account have not been remedied by the User within thirty (30) days from the date the Company sent the request.
6.6. If the User's Personal Account is deleted, the following consequences arise: the User permanently loses the ability to access the Personal Account; at the same time, the Company may store information about all actions performed by the User using the Personal Account functionality, on the terms of the Personal Data Processing and Cookies Policy.
7. Restrictions on use of the Website
7.1. When using the Website, the User may not: use the Website in breach of the Agreement; distribute, sell, translate, modify, reverse engineer, decompile or disassemble, or create derivative works from the Website; attempt to gain unauthorized access to other computer systems or networks connected to the Website; interfere or take actions that result in interference with or disruption of the Website or the servers on which it is hosted; use any framing technologies using materials from the Website; use any meta tags, pay-per-click advertising models, any hidden text, deeplinks referencing the Website; bypass any encryption or other security measures; use data mining, scraping, or similar tools to collect and extract data from the Website; sell, rent, transfer, distribute, use to provide services, or otherwise transfer to third parties access to the Website granted to the User; make any changes to the object code of the Website and its components; take other actions that may adversely affect the correct operation of the Website, as well as the reputation and goodwill of the Company, its managers, employees, clients, or counterparties; take actions regarding the Website that violate the laws of Russia or Kyrgyzstan, international norms, including copyright and software use laws.
7.2. The User undertakes not to take actions that may cause material, technical, or reputational harm to the Company, its counterparties, or the Website (including by publicly providing inaccurate or knowingly false information about the Website).
7.3. The User undertakes not to disclose messages from the Company addressed to the User in connection with use of the Website. The User bears personal responsibility for compliance with this clause.
8. Payment security
8.1. When paying by bank card, payment processing (including card number entry) occurs on a secure page of the processing system that has passed international certification. Payment security is ensured by the processing center. This means that the User's confidential data (card details, registration data, etc.) is not received by the Company, its processing is fully protected, and no one, including the Company, can obtain the User's bank card data or other data required to make the payment.
8.2. When handling card data, the information security standard developed by the international payment systems Visa and MasterCard — Payment Card Industry Data Security Standard (PCI DSS) — is applied, which ensures secure processing of the User's bank card details. The technology used for data transmission ensures security for bank card transactions by using TLS (Transport Layer Security) protocols, Verified by Visa, Secure Code, MIR Accept, and closed banking networks with the highest level of protection.
9. Refund procedure
9.1. If the User's Balance is positive, the User may demand a refund of the payment made without stating reasons. In doing so, the User should note that payment service fees, as well as the Company Commission, will not be refunded in such case.
9.2. Refund of funds to the User under a Refund transaction is carried out by the Company as follows: the User sends a Refund transaction application to the Company's e-mail; the Company reviews the application within up to five (5) business days; thereafter, two possible outcomes of the refund application review are possible: if the service was not provided, the Company refunds funds to the User; if the service was provided improperly, the Company proposes options to remedy the service. The Company determines the refund amount based on debit transactions from the User's Balance in the Personal Account; the Company performs the Refund transaction solely to the User's payment details entered when making the payment.
10. Provision of services
10.1. Under the Agreement, the User may obtain services from the Company. The service is ordered and paid for using the Website, and the User pays the Company Commission.
10.2. Payment details when providing services (total payment amount; by how much the Service balance will be increased; amount of payment partner fees; amount of the Company Commission) will be posted on the Website at the time the service is ordered.
10.3. The Company may decide to grant a personal discount to the User or fully waive the User's obligation to pay for Personal Account maintenance.
10.4. When providing a service for purchasing goods, the Company acts as agent and the User acts as principal. The Company is the User's agent only to the extent of receiving funds from the User, as principal, and transferring funds in favor of the Service, in the cases, manner, and on the terms provided for by this Offer.
11. Information security
11.1. The User is responsible for keeping Authorization Data secure. All actions performed using the User's Authorization Data are deemed performed by the User. In the event of unauthorized access to the Personal Account or disclosure of Authorization Data, the User must immediately notify the Company in writing.
11.2. The User agrees that, upon receipt of a request from government authorities, the Company may disclose data on the User's use of the Website.
12. Applicable law and dispute resolution
12.1. This Offer and the Agreement shall be governed by and construed in accordance with the laws of Russia and Kyrgyzstan, regardless of conflict-of-law rules that might require application of the laws of another jurisdiction.
12.2. A mandatory pre-action dispute resolution procedure applies to disputes under the Agreement. The term for review of a written claim is sixty (60) calendar days from receipt of the claim; only after expiry of this term may the party that sent the claim have the right to refer the dispute to the courts. Proper service of a claim is deemed to be sending a duly executed and signed claim in writing by registered mail to the address of the party specified in the Offer (for the Company), or to the e-mail provided during Registration (for the User).
12.3. Any dispute arising in connection with the Offer or the Agreement, including any question regarding its existence, validity, or termination, if not settled amicably within sixty (60) days, may be submitted to and finally resolved by the High Court of London, in accordance with the laws of Russia and Kyrgyzstan; the language of proceedings shall be Russian.
13. Liability of the parties
13.1. The User undertakes to indemnify the Company for losses caused by payments collected from the Company by third parties, including administrative fines from supervisory authorities received by the Company due to the User's breaches of the Agreement and applicable law.
13.2. To the maximum extent permitted by applicable law, the User agrees that the Company, its branches, agents, officers, directors, and employees are not liable for any claims, loss, or damage, including consequential or special damages, lost profits, or otherwise arising in the course of using the Website.
13.3. The Company assumes no obligations or liability in connection with the quality of the User's access to the Internet or the quality of the Internet connection.
13.4. The Company is not liable for failures or other problems in the operation of telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, or for failures in e-mail or scripts (programs).
13.5. The User acknowledges that when using the Website the User sends information via communication channels for which the Company is not responsible, and the Company is not responsible for the security of information transmitted via such channels of the public electronic communications network.
13.6. The Company is not liable for any delays, failures, incorrect or untimely delivery, deletion, or loss of any user data or other information transmitted by the User to the Company, including using available Website functionality. By taking such actions, the User warrants that the User has backup copies of all information sent.
13.7. The Company is not liable to the User for losses, forced interruptions of business, loss of user or other data, expenses (actual, indirect, consequential), incidental damages, lost profits, or lost income caused by and/or related to use of the Website.
13.8. The Company is not liable to the User for losses caused by possible errors and typos on the Website. At the same time, the Company undertakes to take reasonable measures to prevent and correct such errors and typos.
13.9. The aggregate liability of the Company for the User's use of the Website, including the amount of penalties (fines, liquidated damages) and/or compensable losses, under any claim or demand due to performance of the Agreement, is limited to the amount of Commission actually received by the Company from the User.
13.10. The Company is not liable for bad faith actions of third parties regarding the Website, including but not limited to bad faith actions to gain access to the Website servers, introduction of viruses or other malicious programs, and other bad faith actions against the Company and third parties. At the same time, the Company undertakes to treat protection algorithms responsibly and to take reasonable measures to prevent such situations.
14. Intellectual property
14.1. Exclusive rights to the Website and any of its content belong to the Company or its counterparties; all rights to these objects are protected.
14.2. The User may not take any actions with the Website and its content except as necessary to order services and receive the results of services.
15. Contacts and exchange of legally significant correspondence
15.1. Party contacts. In performing obligations between us, there may be (and in some cases must be) an exchange of important legal information. Such exchange occurs using the parties' official contacts (Contact Details), in written and electronic form (equally). No separate agreement on use of electronic document management is required. Our Contact Details are indicated in the Official Notice at the end of this document, and your Contact Details are indicated by you in the Personal Account. Please note that you bear all risks related to your Contact Details becoming outdated. Ensure that we always have up-to-date Contact Details for you.
15.2. Correspondence exchange. Correspondence may be exchanged only using the parties' Contact Details.
16. Final provisions
16.1. If individual provisions of the Offer cannot be applied to the stated extent due to statutory limitations, they shall be replaced by provisions as close as possible in meaning to the original provisions and shall be applied as amended (including to legal relations already arisen).
16.2. Invalidation in whole or in part of one or more provisions of the Offer does not entail invalidity of the other provisions of the Offer, or of the Offer or the Agreement as a whole.
17. Official notice
LLC "Global Bridge"
OGRN: 309678-3301-ООО
INN: 9909704508
Address: Kyrgyz Republic, Bishkek, Oktyabrsky District, Yunusaliev Street 185/1