Terms and Conditions

GENERAL TERMS AND CONDITIONS

The Services (as defined below) are offered to Clients (as defined below) subject to their acceptance, without modification, of the General Terms (as defined below). By purchasing, using, or redeeming a gift card from our business partners, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use our gift cards.

1. DEFINITIONS

1.1. Account – the means for accessing the Services on the Website by using a username and password.

1.2. Business Partner, Client – A business or natural person who subscribes to or uses our Platform to create and manage gift cards for their  customers           (End Users).

1.3. Contract – agreement between MyWebGift and the Business Partner for the use of the Services, consisting of the General Terms.

1.4. Fee – payment for using the Services.

1.5. General Terms – these General Terms and Conditions, and all other rules and policies, and any future modifications thereof, that may be published,           from time to time, on the Website or made available to the Client otherwise in connection with the use of the Services.

1.6. Gift Card – A prepaid card issued by MyWebGift OÜ that can be redeemed for products or services offered by our platform-registered Business                   Partners.

1.7. Materials – any kind of materials (including, but not limited to, text, photos, and drawings) uploaded by the Business partner to the Website while               issuing gift cards.

1.8. Provider, Platform, us – MyWebGift OÜ is a company registered in the Republic of Estonia, with registry code 17071569 and address Siili tn13-                     25, 13422 Tallinn, Harju Maakond, Republic of Estonia.

1.9. Price List – a list of prevailing prices of the services according to which the Business partner is obligated to remunerate MyWebGift OÜ for using the           Services.

1.10. Services – the services offered to the Business Partner by MyWebGift.

1.11. End User –The natural or legal person who purchases or uses the gift cards issued by the Business Partner.

1.12. Website – www.mywebgift.com the website MyWebGift uses for the provision of Services.

2. CREATING ACCOUNT

2.1.The Services can be used via the Account only. To create the Account and use the Services:

2.1.1. The Business partner must accept the General Terms and the Privacy Notice;

2.1.2. In the case of a natural person as a Business Partner, the Business partner must have the full active legal capacity and be at least 18 (eighteen)                     years of age;

2.1.3. In the case of a legal person as a Business partner, the Business partner must be duly incorporated and in good standing and the natural person                 creating the Account must have a right of representation to bind the Client by the Contract and be at least 18 (eighteen) years of age.

2.2. By accepting the General Terms, the End User confirms that:

2.2.1. he/she/it has read the General Terms and the Privacy Notice and agrees to abide by them;

2.2.2. he/she is at least 18 (eighteen) years of age;

2.2.3. he/she has the right of representation to represent the End User.

2.3. A business and natural person has only 1 (one) possible means of creating an Account:

2.3.1. fill in the application form with the required information on the website and wait for the account to be approved by the MyWebGift administrator,               who will send two notification emails within 48 hours, such as account activation and login details.

2.4. The Business partner undertakes to keep the log-in details, such as the password and the username, a secret in such a way that they do not fall into          the hands of any third parties. The Client is responsible for keeping the username and password confidential.

2.5. The Business partner must promptly notify MyWebGift so that MyWebGift can restrict access to the Account, allow the account owner to reset the              username and/or password, and take any other necessary measures in case of the loss of either username or password or of any disclosure of                    either username or password; or of any unauthorized use of the Account.

2.6. If the Business partner is a legal person, the Business partner is responsible for introducing the General Terms and the Privacy Notice, to the other           account user(s) before providing the user(s) access to the Account. In any case, the Business partner remains liable for any (in)actions of the User               when using the Services.

3. DESCRIPTION OF THE SERVICES

3.1. The purpose of such Services is to provide a common platform to mediate the creation, distribution, and management of gift cards and bring                      together the Business partners and the End users. Through the Website, the Business partner can create, distribute and management of gift cards            and End users can buy them.

3.2. The Services are provided in English, Estonian, and Russian and can be used through MyWebGift’s Website.

3.3. The Users of the Services are the Business partner and the End user.

3.4. MyWebGift is not liable for the conclusion or the execution of the Gift cards nor does participate in the service transactions conducted between the           Business partners and End users on the Website. MyWebGift does not act as an agent, broker, representative, commission agent, etc. of the                         Business partner unless separately agreed otherwise.

4. CREATING A GIFT CARD

4.1. The Business partner creates a Gift Card on the Website and distributes the gift card URL links to their online site or social media accounts.

4.2. The Business partner sets the terms for their gift cards, including services, quantity, prices, expiration dates, refund policies, and other conditions,             provided that these terms comply with local and EU laws.

4.3. The Business partner ensures that any content, including branding and logos, uploaded to the Platform complies with intellectual property laws and         does not infringe on third-party rights.

4.4. The Business partner ensures all personal data collected through the Platform is handled in compliance with the General Data Protection                             Regulation (GDPR).

4.5. The Business partner complies with all applicable consumer protection laws, especially the European Union’s consumer rights directives.

4.6. The Business partner is solely responsible for resolving any disputes with their End Users regarding the use, redemption, or terms of their gift cards.

5. GENERAL RIGHTS AND OBLIGATIONS OF PARTIES

5.1. The Business Partner and End User must:

5.1.1. use the Services in accordance with the General Terms and the Privacy Notice and any applicable legislation;

5.1.2. provide correct personal and contact information when signing up as a Business Partner and when using the Services, including a correct and full               legal name, and a valid e-mail address, as well as update such data as soon as possible;

5.1.3. ensure that the data entered by the Business Partner (including a description of the Gift Card, photos, files, e-mails, etc.) while using the Website                 are:

5.1.3.1. not misleading, inaccurate and/or wrongful;

5.1.3.2. do not include Gift Cards for prohibited items or services;

5.1.3.3. do not interfere with the proprietary and non-proprietary rights (including intellectual property rights) of third parties;

5.1.3.4. are in accordance with the applicable legislation, as well as laws and regulations (including legislation governing consumer protection,                                   competition, and export/import of goods);

5.1.3.5. do not interfere with good morals;

5.1.3.6. do not contain viruses and other computer programs or files that interrupt, damage, or otherwise interfere with the normal use of the                                   Website and/or that could be stored on the End User’s computer as a result of using the Website, as well as interrupt, damage or                                             otherwise interfere with the normal functioning of the Website;

5.1.3.7. are not linked to or contain information of a competitive website unless a special agreement with MyWebGift exists.

5.1.4. use the Services for their intended purpose only;

5.1.5. not use the Website for fraud or other illegal transactions;

5.1.6. refrain from submitting demands against MyWebGift except in demands arising from the Contract.

5.2. The Business Partner or the End User must not:

5.2.1. compile databases or lists of the Business Partners or End-Users of the Website for any purpose.

5.3. The Business Partner and the End User confirm with each transaction that he/she/it performs on the Website that he/she/it:

5.3.1. has the legal capacity to perform such actions;

5.3.2. duly performs all Client obligations specified in the General Terms;

5.3.3. is aware that all the contracts or deals entered between the End User and the Business Partner are entered into between the End User and the                  Business Partner separately and that the End User and the Business Partner are fully responsible for the fulfillment of such contracts;

5.3.4. is aware that entering into Gift Cards entails a legally binding obligation between the End User and the Business Partner and that failure to fulfill                 such obligations results in a breach of the obligation and brings about the liability for caused damage;

5.3.5. is aware that the declaration and payment of any taxes (including income tax, VAT and social tax) on entered transactions arising from the use of                 the Services lie upon the Business Partner;

5.3.6. is aware and agrees that MyWebGift has the right to process the personal data of the Business Partner and/or End User according to the                               applicable legislation and the Privacy Notice;

5.3.7. has examined and accepted the valid Service Fee.

5.4. MyWebGift has the right to:

5.4.1. monitor any activities on its Website at any time, including the right to monitor the activities of users;

5.4.2. investigate all of the alleged breaches of the Contract using all the legal remedies;

5.4.3. with the intent to improve the use of the Services, re-arrange data within the Website, without altering the content of the Gift Cards.

6. FEES AND PAYMENT

6.1. Creating an Account to use the Services is free of charge.

6.2. The Business Partner will be charged Fee the use of the Services in case of a successful Gift Card selling transaction.

6.3. In case of a successful Gift Card selling transaction, the Business Partner is obliged to remunerate MyWebGift for Using the Services in accordance              with the Price List available at the Website https://MyWebGift.com/pricing/. The Website automatically generates an invoice or receipt following the            valid Price List, which will be sent to the Business Partner. The Business Partner will have to wait for x (written number of) days to withdraw the                  money from the ordered gift card service which the MyWebGift platform fee has already been deducted.

6.4. We reserve the right to change pricing or fees at any time with prior notice. Any pricing changes will not affect current billing cycles.

6.5. Payment must be made via the accepted methods listed on our Website. Late payments may result in suspension of services.

7. END USER RIGHTS, REDEMPTION, REFUNDS AND CANCELLATION

7.1. As a consumer (End User) in the European Union, you are entitled to statutory rights, including the right to withdraw from the purchase of a gift card         within 14 days of receipt (without providing any reason), provided that the card has not been used. To exercise this right, please contact us via the             details below.

7.2. After the 14-day withdrawal period, no refunds or cancellations will be granted except as required by law.

7.3. To exercise your right of withdrawal, please notify us by email at admin@mywebgift.com with your order details, and we will provide instructions on          how to proceed.

7.4. Gift Card is redeemable only for products and services offered by the Gift Card issuer (Business Partner).

7.5. If a purchase exceeds the available balance on the gift card, the End User must pay the difference using another payment method.

7.6. Gift cards cannot be redeemed for cash unless required by law.

7.7. Gift Cards are non-refundable and cannot be exchanged for cash or credit, except as required by law.

7.8. Gift Cards cannot be used to purchase other gift cards or exchanged for cash.

7.9. MyWebGift reserves the right to cancel a gift card and provide a full refund to the purchaser in cases of fraud, misuse, or technical errors.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The intellectual property rights (including copyrights and any related rights, database rights, and trademark rights) in and to the Website and the                Services (including text, design, software, etc.) shall remain with MyWebGift and/or its licensors. Nothing in the General Terms should be read as                transferring or licensing to the Business Partner or the End User or to any third party any such intellectual property rights unless expressly stated              herein.

8.2. The Business Partner and the End User have the limited and non-exclusive right to use the Website and the Services for their intended purpose.                  Among other things, the Business Partner and the End User may not copy, modify, distribute, or publish any part of the Website and/or the Services.

8.3. By uploading any content to the Website (including the Materials), the Client and/or the User confirm that they have the right to upload such content         to the Website and they do not violate any third party’s intellectual property rights in doing so. The Business Partner and/or the End User shall                     remain fully liable for and indemnify MyWebGift against any claims made regarding such uploaded content. The intellectual property rights in and to         such uploaded content shall remain with the Business Partner and/or the End User and/or their licensors. The Business Partner and/or the End User         shall, however, grant to MyWebGift a worldwide, transferable, and sub-licensable non-exclusive license to use, copy, modify, distribute, make                       publicly available, translate, and compile collections and databases of such content without any further consent, notice and/or compensation to                 anyone in order to provide the Website and the Services. The license is valid as of the moment of uploading such content on the Website until                     deletion thereof from the Website and any backups.

8.4. The Business Partner and the End User understand and agree that the intellectual property rights in and to such uploaded content shall remain with          the Business Partner and/or the End User and/or their licensors who uploaded it and they may not use such content without the Business Partner’s          and/or the End User’s prior consent, subject to their terms. The Business Partner and the End User may, however, download the Materials made                available on the Website by MyWebGift for the limited purpose of using the Services. The Business Partner and the End User may not use such                    Materials for any business purposes, including to resell, disclose, distribute, publish, make available to third parties, or otherwise use or exploit such          Materials.

8.5. Breach of this Section 8 shall be considered a material breach of the Contract, in which case MyWebGift may use the legal remedies stipulated in                Section 10 below, as well as demand from the Business Partner a contractual penalty in the amount of EUR 1,000 per each breach, as well as any                damages exceeding the contractual penalty. The Business Partner has the right to use legal remedies against the End User, should the End User                  breach any of the intellectual property rights after downloading the Materials provided to the Website with the Gift Card.

8.6. This Section 8 shall survive the termination of the Contract, regardless of the reason thereof.

9. PERSONAL DATA

9.1. MyWebGift processes the End User’s personal data as described in MyWebGift’s Privacy Notice https://mywebgift.com/privacy-policy/.

9.2. If the End User receives a Gift Card from the Platform, then for the purposes of sending the Gift Card to the End User, we are acting as that Business         Partner’s data processor as we merely provide the Business Partner End User a technical solution for sending the Gift Card. The Business Partner               should be considered as the data controller and is responsible for the legality of sending the Gift Cards.

9.3. Please note that if the Business Partner collects and/or processes any further information about the End User(s) participating in the Gift Card                       processing (or in the case of legal persons – their representatives), whether before or after concluding the Gift Card providing, the Business Partner           is responsible for such processing as a data controller and their privacy notice applies.

10. LEGAL REMEDIES OF MYWEBGIFT

10.1. If the Business Partner or the End User breaches the Contract or any applicable legislation, MyWebGift has the right to temporarily:

10.1.1. restrict the User’s access to the Services and/or the Account;

10.1.2. amend or delete the information and the content provided by the Business Partner on the Website;

10.1.3. block the Account.

10.2. If the Business Partner or the End User repeatedly and/or materially breaches the Contract and/or any applicable legislation, MyWebGift has the                  right to:

10.2.1. terminate the Contract and delete and/or close the Account;

10.2.2. delete or close the Gift Card(s).

10.3. In addition to the legal remedies above, MyWebGift has the right to use any other legal remedies under the applicable law, including, but not                        limited to, a claim for damages.

11. MODIFICATION OF TERMS

11.1. MyWebGift reserves the right at its sole discretion, to alter, modify, add, or remove (in this Section together – amend) parts of the General Terms at           any point of time due to the development of the Website and the Services and their improvement or to create additional or better opportunities for           Business Partners to use the Services or the need to specify circumstances related to the provision and use of Services. MyWebGift will notify the               Business Partners at least one (1) month in advance of amendments to the General Terms via e-mail.

11.2. The Business Partner has the right to cancel the use of the Services if he/she/it does not accept such changes.

11.3. MyWebGift reserves the right at its sole discretion to modify the Price List, the modified Price List will apply to the Gift Cards created after the Price            List is modified. MyWebGiftl will notify the Business Partners at least one (1) week in advance of amendments to the Price List.

11.4. Continuing to use the Services after the amended General Terms or the Price List become effective, constitutes a binding acceptance of the                          Business Partner of such changes.

12. LIMITATION OF LIABILITY

12.1. Considering the limitations of liability stipulated herein, the parties can use all available legal remedies in case of breach of Contract by the other               party.

12.2. MyWebGift’s liability is towards the Business Partner only. MyWebGift is not liable for causing any damages to any third parties in relation to                        providing the Services.

12.3. MyWebGift is not liable for the temporary interruption to the use of the Services on the Website due to maintenance or due to any other technical              reasons, including but not limited to the interruption, stoppage, suspension of, or inaccessibility of the Services.

12.4. MyWebGift is not responsible for program errors, viruses, Trojans, etc. distributed or transmitted through the Website or using the Services.

12.5. MyWebGift is not liable for the non-functioning of Services or other violations caused by a circumstance reasonably beyond MyWebGift’s control,                including, but not limited to, natural disaster, storm, fire, earthquake, explosion, flood, war, civil disturbance, rebellion, terrorism, lock-out or other            job action, embargo, crime, weather and climate conditions, failure or inability of a third person to fulfill its obligations, power outage, any                            confiscation by a government or a government agency, their actual or potential measure.

12.6. MyWebGift is not liable for any of the disputes arising between the Business Partners or End Users in accordance with the execution of the Gift                    Card services or the conclusion of the services.

12.7. The Business Partner shall compensate any expenses, losses, claims, pecuniary claims, and costs (including legal costs) directly or indirectly                          resulting from an infringement committed by the Business Partner to MyWebGift, MyWebGift’s partners, or subcontractors of MyWebGift to                        provide the Services.

13. TERM AND TERMINATION OF THE CONTRACT

13.1. The Contract between the Business Partner and MyWebGift shall be deemed to be concluded when the Business Partner creates an Account on                  the Website, thereby agreeing to the General Terms and the Privacy Notice.

13.2. The Contract will be terminated when: 1) the Business Partner’s Account is deleted on whatsoever basis; or 2) MyWebGift or Business Partner                      terminates the Contract; or 3) on any other ground arising from the law.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

14.1. The Contract is governed by the laws of the Republic of Estonia.

14.2. Should a dispute arise, the parties will do their utmost to solve such disputes by mutual negotiations. Should the parties fail to reach to an                            agreement during such negotiations, the Business Partner, who is considered a consumer, may take the matter to the Consumer Disputes                            Committee, ODR environment at http://ec.europa.eu/odr or Harju County Court (unless the natural person User has the right to turn to a court of              residence).

14.3. If the respective End User or Business Partner is a legal entity or a private person operating in its economic or professional activities, or a person                who after commencing the use of the Platform has settled in a foreign state or whose place of business, residence or location at the time of filing                an action is unknown, the competent institution for settling the dispute shall be Harju County Court.

14.4. A natural person Business Partner, who is considered a consumer, will benefit from any mandatory provisions of the law of the country in which                 he/she is a resident. Nothing in the Contract, including this Section 14, affects the rights of a natural person as a consumer to rely on such                             mandatory provisions of local law.

15. COMMUNICATION

15.1. After a Gift Card purchase transaction, order notification emails will be sent to the Business Partner and the End User, which has ordered service               details.

15.2. The notices sent to the Business Partner’s email address connected to the User Account shall be considered as received on the next working day as            of sending.

16. COMPLAINTS RESOLUTION UNDER ONLINE INTERMEDIATION SERVICES REGULATION 

16.1.The Business Partner has the right to lodge complaints to MyWebGift for resolution free of charge via the internal complaint handling system                       (hereinafter referred to as the “System”) of MyWebGift.

16.2. The System shall allow the Business Partner to lodge complaints regarding any of the following issues:

16.2.1. alleged non-compliance by MyWebGift with any obligations laid down in law which affects the Business Partner lodging the complainant;

16.2.2. technological issues in the services of MyWebGift which relate to the provision of online intermediation services, and which affect the                                     complainant;

16.2.3. measures are taken by, or behavior of, MyWebGift which relate directly to the provision of the online intermediation services, and which affect                     the complaint.

16.3. All Complaints lodged under this chapter shall be forwarded to MyWebGift via e-mail to the following e-mail address: admin@mywebgift.com.

17. OTHER CONDITIONS

17.1. The original language of these General Terms is English. MyWebGift may make available other translations for convenience. In case of conflicts                    between the original English version and any translation, the English version shall prevail.

17.2. The General Terms and the Privacy Notice shall remain available to the Client at any time on the Website.

Valid from: 31.10.2024