The platform available on the website notaboringgift.com (hereinafter – the Platform) is created and hosted by Not a Boring Gift, legal name UAB Hodleris, address Vokieciu str. 20, Vilnius, Republic of Lithuania, 304159704 (hereinafter – the Company, we, us). Through the Platform purchase of digital asset gifts (hereinafter – Purchase or Purchases) can be made.
These Terms and Conditions (hereinafter - T&C) govern use of the Platform and the other Company services (the Platform and other services hereinafter – the Services) by Platform users (hereinafter – the Users). By clicking “I agree” button, downloading, using, configuring or accessing the Platform or any of the other Services conducting a Purchase or otherwise signifying acceptance of these T&C, each User represents and warrants that he has read and understand and agree that he shall be bound by these T&C and Company’s privacy policy (hereinafter – the Privacy Policy) and all modifications and additions provided for. If the User does not agree to these T&C or the Privacy Policy, he shall not use any of the Services.
The User is also advised to read the answers to the “Frequently Asked Questions” which are published on our Platform.
REGISTRATION
In order to be able to conduct a Purchase, the User shall register and create an account (hereinafter – the Account). To create and use the Account, the User shall provide with certain information, such as name, surname, email address and other personal information may be requested during the Account creation process. Verification code will be sent to the provided email address. Once conducting a Purchase User shall provide payment card information.
If the User chooses to transfer a digital gift to others, the recipient's name, surname and email address shall be provided to create the Account.
If the User chooses to withdraw acquired digital assets, a crypto wallet address shall be provided.
The User’s credit or debit card payments to the Company will be handled and processed by a third party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third party payment services, the risk of loss or damages will pass on the Client and/or third party service.
The Company conducts Anti-Money Laundering (AML) and Know Your Customer (KYC) verification checks of the Users. The User hereby authorizes the Company to conduct full and appropriate AML and KYC checks under applicable law and undertakes to provide the Company all the necessary information and / or documents for such AML and KYC checks in case the User will create an Account. If such information and / or documents are not provided, the Company may refuse any and all User’s Purchases.
In registering and creating the Account, the User agrees to:
Provide true, accurate, current, and complete information about himself, and as prompted during the registration and account creation process;
Not create the Account using a false identity or information;
Not create the Account or conduct a Purchase if the User has been previously banned from the Services;
The User is responsible for all activities that occur under his Account. If he provides any information that is untrue, inaccurate, not current, or incomplete, Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate such User’s Account and refuse any and all Purchases.
ELIGIBILITY
To access and use the Platform and the other Services, including the creation of an Account, the User must be at least 18 years old. By applying creating an Account, or by downloading, installing or otherwise accessing or using any of the Services, each User represents and warrants that:
The User is at least 18 years old and legally able to form a binding contract with Company;
The User satisfies the eligibility requirements and has not been previously suspended or removed from the Platform or any of the other Services or prohibited from creating an Account or conducting a Purchase;
The User will comply with these T&C and all applicable local, state, national and international laws, rules and regulations.
Subject to User’s compliance with all the terms and conditions set out in these T&C, Company hereby grants to the User a limited, non-exclusive, non-transferable, freely revocable right to access and use the Platform and the other Services to the extent and in accordance with these T&C.
We reserve the right to exercise whatever lawful means it deems necessary to prevent any unauthorized use of any of the Services, including, but not limited to technological barriers, IP mapping and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If the User violates any of these T&C, Company may prohibit such User including the termination of the Account associated with the User at any time in its sole discretion, with or without notice.
SERVICES
Company provides its Users with the possibility to conduct Purchases of digital asset gifts, i.e. the User and Company may enter into purchase and sale agreement under which digital assets are sold to the User.
Once the User enters the type of digital gift that they intend to purchase on the Platform and enters Payment details, they receive the purchased digital asset which can be held on the Platform, withdrawn or sent to the recipient as a gift. Once the User intends to purchase the cryptocurrency gift and generates the Purchase request, they are provided with an offer which specifies the amount and type of cryptocurrency that they will receive once the Purchase is executed (hereinafter – Offer). The Offer is based on the market price of the cryptocurrency at the moment of the generation of the Purchase request and does not necessarily mean that that exact amount will be delivered to the User once the Purchase has been executed.
The Purchase service fee that the User will have to pay for the Purchase services to the Company are included and presented in the generated Offer. Once the User accepts the Offer presented on the Platform, and executes the requested payment and the payment is received by us, the User receives the cryptocurrency.
The final amount of the corresponding cryptocurrency received by the User will depend on when the payment is received and the order is executed and may vary depending on the market situation and purchase availability at the time when the order is executed.
Please note, that the Purchase transaction shall not be considered as a consumer transaction since the User is not a consumer in the sense of applicable law.
Once the User purchases a digital asset on the Platform or connects their digital wallet using Metamask feature, assets will be stored in the Company’s custodial wallet until the user withdraws the assets to their wallets.
FEES
The Company charges a purchase service fee for each Purchase conducted by the User. The purchase fee shall be added to the purchase price and is reflected in the final price for the purchase.
The Company may modify the purchase service fee and any other fees in connection with any of the Services in its sole discretion.
The Company also reserves the right to apply service fee for the custody services of acquired digital gifts on the Platform.
The Company does not apply any withdrawal fees but the User might have to pay fees related to the transaction.
To the extent that any taxes are payable by the Company in connection with the Purchase (other than income or other similar taxes), the User shall be obligated to pay to the Company the amount of such taxes in addition to any other amounts owing to the Company.
In paying any of the Fees, the User acknowledges and agrees that he is not relying on future availability of any Purchases.
All Fees are non-refundable, non-cancellable and non-creditable unless required by applicable law.
USE OF THE SERVICES
Each User using any of the Services or conducting Purchases shall not:
Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the Services, in whole or in part;
Use any of the Services for the benefit of anyone other than User’s organization or User, including selling, reselling, distributing, hosting, leasing, renting, licensing or sublicensing, in whole or in part, any of the Services, for hosting or time-sharing services, or as part of a service bureau or outsourcing offering;
Provide any services to any third party using any of the Company’s Services except in accordance with these T&C;
Prepare any derivative work of any of the Services or any other program based upon any of the Services;
Reproduce, modify, adapt, translate or otherwise make any changes to any of the Services or any part thereof;
Copy, disclose, or distribute any data available on or through any of the Services, in any medium, including without limitation, by any automated or non-automated “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
Interfere with, circumvent or disable any security or other technological features or measures of any of the Services or attempt to gain unauthorized access to any of the Services or its related systems or networks;
Make unsolicited offers, advertisements or proposals or send junk mail or spam to other Users of any of the Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures);
Use bots or other automated methods to access any of the Services send or redirect messages or perform any other activities through any of the Services;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any of the Services or place pop-up windows over the Platform;
Take any action that imposes or may impose, at Company’s sole determination, an unreasonable or disproportionately large load on Company’s infrastructure;
Deep-link to any of the Services without Company’s consent;
Share or disclose information of others without their express consent;
post or send content that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in its sole discretion;
is false, misleading, untruthful or inaccurate;
impersonates any person or entity, including any of the Company’s employees or representatives; or
spams or solicits any Users.
The Company has sole and complete control over and reserves the right at any time to make any changes to the configuration, appearance, content and functionality of the Platform and other Services. The Company reserves the right at any time, in its sole discretion, without any liability, for any or no reason:
Impose limitations on access to or use of the Services;
Discontinue displaying or transmitting any information and / or content;
Temporarily suspend or to temporarily or permanently restrict access to the Services or any particular portion thereof;
Suspend or cease operation of the Platform or other Services;
Prohibit any application for Purchase.
The User agrees that any suspension or termination of his access to the Services or any Account he may have or ability to conduct Purchases may be effected without prior notice, and he agrees that Company will not be liable to him or any third party for any such termination. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. The Company does not permit copyright infringing activities on the Platform or any of the other Services and it shall be permitted to terminate access to any of the Services and remove all content or other content submitted by any Users who are found to be repeat infringers. By accepting these Terms and Conditions, the User waives and shall hold the Company harmless from any claims resulting from any action taken by the Company during or as a result of its investigations and / or from any actions taken as a consequence of investigations by either us or law enforcement authorities.
The Services may include links or references to other websites or services (hereinafter – Third Party Websites) solely as a convenience to Users. Company does not endorse any such Third Party Websites or the information, materials, products, or services contained on or accessible through Third Party Websites. In addition, User’s correspondence or business dealings with or participation in promotions of advertisers found on or through the Platform or any of the other Company Services are solely between the User and such advertiser. Access and use of Third Party Websites, including the information, materials, products, and services on or available through Third Party Websites are solely at User’s own risk.
The User may terminate his use of the Services and his Account at any time. After such termination, the User must refrain from use of the Services until authorised by the Company.
PAYMENTS
The User agrees to:
pay all additional costs, fees, charges, applicable taxes and other charges that can be incurred by the User;
purchase Services by using valid credit card or other allowed form of payment;
After the User is transferred to the third party payment services, the risk of loss or damages will pass on to the User and/or third party service provider. The User’s online credit or debit card payments to the Company will be handled and processed by a third party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third party payment services.
all transfers conducted through the Company are handled and transacted through third party dedicated gateways to guarantee your protection.
Your payments are processed by our third party payment service provider Wyre Payments, Inc. Please read Wyre User Agreement (https://www.sendwyre.com/legal/user-agreement). For any complaints, please contact [email protected].
REFUND POLICY
Once the Purchase of digital asset gift has been conducted it cannot be canceled, all purchases are final and cannot be refunded.
Once the digital asset has been sent to the crypto wallet provided by the User it cannot be recalled or retrieved under any circumstances.
By accepting these Terms and Conditions, the User agrees that he will not be entitled to any refund and all purchases are irrevocable.
INTELLECTUAL PROPERTY
The Company (or its subsidiaries, affiliated companies and / or third-party licensors) shall have exclusive ownership of and title to all names, trade names, copyrights, trademarks, service marks, patent rights, trade secrets and all other proprietary and / or intellectual property rights in and relating to the Platform and other Services, including any Company’s specifications and all content, and Users shall have no rights therein. The User shall not, by act or omission, diminish or impair in any manner the acquisition, maintenance, and full enjoyment by the Company, its licensees, transferees and assignees, of any Intellectual Property Rights.
ELECTRONIC TRANSACTIONS AND COMMUNICATION
The Company operates principally on the Internet, so if you want to conduct a Purchase or otherwise use any of the Services, it is necessary for the User to consent to transact business with Company online and electronically. As part of doing business with us, therefore, the Company also needs the User to consent to giving certain disclosures electronically, either via Platform or to the email address the User provides to the Company. By agreeing to these T&C, the User agrees to receive electronically all documents, communications, notices, contracts and agreements, arising from or relating to use of the Platform and the other Services (hereinafter each – the Disclosure).
Any Disclosures will be provided to User electronically through either Platform or via electronic mail to the email address the User provided. Disclosure will be deemed given twenty-four hours after such Disclosure is sent. Company may discontinue electronic provision of Disclosures at any time in its sole discretion.
By accepting these T&C, the User expressly consents to be contacted by us, its agents, representatives, affiliates or anyone calling on its behalf for any and all purposes in connection with the Services, including any Purchase, at an electronic address provided by the User. The User certifies, warrants and represents that the addresses that he has provided to us are his addresses and not someone else’s
The User agrees that any Disclosures that require a signature, including any Purchase, may be electronically signed and the electronic signatures appearing on any of the Disclosures, are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
By agreeing to these T&C, the User agrees that his electronic mail address could be used for direct marketing purposes. The User has the right to withdraw his consent to use his electronic mail address for direct marketing purposes. Such right shall be performed by sending an electronic mail to us to the address specified in these T&C with request to withdraw consent or clicking the “Unsubscribe” button in a direct marketing message.
INDEMNIFICATION
The User agrees to indemnify, save and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of User’s use or misuse of the Platform or any of the other Services or any of the content, any conducted Purchase, any violation by the User of these Terms and Conditions, any breach of the representations, warranties, and covenants made by the User herein or paying any Fees. Company reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify the Company and the User agrees to cooperate with Company’s defense of these claims.
LIMITATION OF WARRANTIES AND LIABILITY
Neither the Company or any of its affiliates, investors, third party vendors, contractors or technology suppliers nor any of their respective representatives, makes any warranty to the User or any other person as to the Platform, other Services or any portion thereof, whether express or implied, including any implied warranty of merchantability or fitness for a particular purpose, or any warranty regarding the correctness, quality, accuracy, reliability, security, performance, completeness, timeliness or continued availability of the Platform, other Services or any portion thereof. The User acknowledges and agrees that the Platform and other Services are provided on an “as is” basis at User’s sole risk. Unless otherwise expressly provided herein, neither any Company’s Party nor any representative thereof shall have any duty or obligation to maintain the Platform, other Services or any portion thereof or to verify, correct, complete or update any information displayed thereon.
Neither the Company or any of its affiliates, investors, third party vendors, contractors or technology suppliers nor any of their respective representatives do not warrant that the data, assessments, results, content, functions, or any other information offered on or through any of the Company’s Services, or any third-party sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. The User understands and agrees that he use, access, download, or otherwise obtain information, materials, assessments, results or data through any of the Services or any third-party site, at his own discretion and risk and that he will be solely responsible for any damage to his property (including his computer system) or loss of data that results from the download or use of such material or data.
The Company is not an exchange, administrator or issuer of virtual currency or bank, broker dealer, investment club or investment advisor, but rather a Platform through which Users can purchase digital assets as gifts. Users shall be solely responsible for compliance with all applicable laws and regulations relating to the use of digital assets. Each of the Users of the Services shall indemnify the Company for all claims, losses, damages, liabilities, including legal fees and expenses, arising out of or related to the use of digital assets, including the violation (whether intentional or not) of any applicable laws.
Under no circumstances, including, but not limited to, negligence, the Company and Company’s Parties will not be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these Terms and Conditions or that result from use or inability to use of the Platform or other Services, or any Purchase or any other interactions with the Company.
The User acknowledges and agrees that the Company has offered the Services, set its prices and entered into these Terms and Conditions in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the User and the Company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between the User and the Company. We would not be able to provide any of the Services of the possibility of conducting Purchases to the User on an economically reasonable basis without these limitations.
RISK DISCLOSURE
The User acknowledges and accepts that the use of the Services is at his own risk. The value of digital assets are subject to volatility and can be highly unpredictable, therefore the User may suffer money losses. Crypto-assets are not a legal tender in most jurisdictions and have no intrinsic value. The price of crypto currency is based on the agreement of the parties to a transaction, which may or may not be based on the market value of the cryptocurrency at the time of the transaction. The regulatory environment of blockchain technologies, cryptocurrencies, NFTs and other digital assets are still in a very early stages, therefore causing uncertainty and continuing to develop. New regulations, laws may have a negative impact on digital assets generally and the Services. Cybersecurity risks associated with digital assets may occur in a variety of ways, including, but not limited to, malware attacks, account takeovers which could negatively affect the operation of the Platform, the availability of the Services. Prior to making a decision to purchase, hold or sell any digital asset, the User shall conduct his own due diligence and consult financial advisors before making any investment decision.
The Company will not be responsible or liable to the User for any loss and take no responsibility for any use of digital assets (NFTs, cryptocurrencies) arising from: user error, incorrectly mistyped addresses; server failure or data loss; corrupted wallet files; or any unauthorized third party activities, including but not limited to the use of viruses, hacks, phishing, brute forcing or other means of attack against the Platform.
PRIVACY
Users’ privacy is important to us. Our goal is to make the Services as good, useful and rewarding for Users as possible. In order to do that,we may collect and process information from Users when they use any of the Services. We will process Users’ personal data as set forth in more detail in Company’s Privacy Policy.
MODIFICATION OF TERMS AND CONDITIONS
We reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting the amended Terms and Conditions to the Platform or otherwise through the Services. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
APPLICABLE LAW AND DISPUTE RESOLUTION
These T&C shall be governed by and construed in accordance with the laws of the Republic of Lithuania without regard to the conflict of law principles thereof.
Any dispute, arising out of or relating to the Terms and Conditions, shall be finally settled by the courts of the Republic of Lithuania.
MISCELLANEOUS
These T&C and any rights and licenses granted hereunder may not be transferred or assigned by the User, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of these T&C shall be void.
If, at any time, a provision of these T&C is declared unlawful, invalid or unenforceable in any manner with respect to the applicable laws, the lawfulness, validity and enforceability of the remaining provisions of these T&C shall not be affected thereby.
The failure to insist upon strict adherence to any term of these T&C on any occasion shall not be considered a waiver or deprive of the right thereafter to insist upon strict adherence to that term or any other term of these T&C.
