BUY A GIFT aGifttoken TERMS AND CONDITIONS
Please read the following terms and conditions of use of the aGifttoken Tokenlication carefully, before using it..
Each time you use the Token, you will grant your Token approval regarding the terms and conditions within this document.
If you do not completely agree with the provided terms and conditions, do not use the aGittoken Token.
The Users are invited to not purchase AGT Tokens if he / she/ it is not an expert in dealing with cryptographic tokens and software systems.
In any mention regarding ”the Token”, ”We” refers to aGifttoken.
aGifttoken is a token developed by Buy a Gift (named also as Company) . aGifttoken is implemented and managed entirely as a smart contract on the Ethereum blockchain (ERC20 smart contract). Buy a Gift is the sole owner of the Token, as well as of all rights arising thereof.
Buy a Gift is a Romanian company and it has its headquarters in County Olt, city Slatina, str. Ecaterina Teodoroiu, no. 4, building. V19, entrance. A, ap. 20, having the unique registration code 36399558 dated 05.08.2016 and the Trade Register registration number J40/10515/05.08.2016, with a subscribed and paid-up share capital of 200 RON, bank account RO27INGB0000999906159634, opened at ING Bank, Bucharest Unirii Subsidiary.
1. GENERAL PROVISIONS
aGifttoken is a Token developed to be used as stand alone and in the future integrated in the aGiftapp application.
aGifttoken was created and designed to become the primary gift option of offering contributions along to PayPal.Me within aGiftapp application. aGifttoken will be received as contribution but also offered depending on the user stage: owns an event or contribute to a friend's event.
aGiftapp is the application where aGifttoken will be used. aGiftapp was created as a platform which facilitates gift financing campaigns for different events, initiated by the Users, integrated on the Facebook platform. The Users can create events and transfer money through the PayPal payment platform, on different occasions, such as, but without being limited to, birthdays, name days, under the conditions set out in www.agiftapp.com Terms & Conditions .
- By using the Token and accepting these Terms and Conditions (The Conditions), the User agrees that these Conditions are fully opposable to him. These Conditions need to be interpreted in conjunction with the User Policy included in the Conditions, which can be periodically modified. The User has the responsibility of being aware of the Token’s User Policy.
The present Conditions explain the obligations of Buy a Gift towards the users as well as the obligations of the users towards Buy a Gift and the other users.
- Token is by definition the aGifttoken Token, named as AGT.
- Token website is www.agifttoken.com .
- User is a buyer of AGT Tokens and/or an entity that owns an aGittoken.com account. The User shall use the Token for the purpose and under the conditions provided in the present Conditions.
- The Conditions are represented by these Terms and Conditions.
- The Services offered by Buy a Gift are the services which facilitate the accumulation of AGT, initiated by users within the Token website.
- Confidential data are the user’s identification data, as well as any other information inserted by them which will be taken over by Buy a Gift only for the purpose of allowing them to use the aGifttoken Token.
- Personal data processing any operation or set of operations, which are performed on personal data through aGifttoken, such as collecting, recording, organizing, storing, adapting or modifying, extracting, consulting, using, disclosing to third parties through transmission, dissemination or in any other manner, joining or combining, blocking, deleting or destroying.
- Link refers to a key word or the address of a site outside the Token or inside an online store, which, by engaging it through a Click enables you to view a web page.
3. MODIFICATION OF THE TERMS AND CONDITIONS
- Buy a Gift reserves its rights to modify, supplement, or dissolve the present Conditions at any time, by publishing the modified Conditions in the “Terms and Conditions” section of the Token. Users have the obligation of permanently verifying the “Terms and Conditions” section in order to ensure that they are fully aware of the conditions’ update or modification. Excepting the cases in which we explicitly specify otherwise, any modification of the Conditions shall be immediately enforceable. If He/She/It/It continues to use the Token, the User's acceptance will be deemed to have been tacitly demonstrated.
- 3.2. In case of a dispute between the User and Buy a Gift, regarding the published version of the Conditions, Buy a Gift is not liable.
4. USE OF THE TOKEN
- In order to use the AGT Token it is necessary that the Users create a profile through their agifttoken.com account.
- AGT project is divided into 3 stages. Details are on the Whitepaper (https://agifttoken. com/whitepaper) of which these T&C are an integral part and on the Roadmap connected to AGT ICO, published on the website: www.agittoken.com.
- Users need to be at least 18 years old. If a User is underage, He/She/It/It shall be deemed to use the Token with the Token approval of his/her legal guardian.
- The purchase of AGT Tokens for the use of services connected to the AGT Project shall be done by ETH only
- In order to buy AGT Tokens, users have to register on www.agifttoken.com
- Once registered in the www.agifttoken.com site, ID verification will be proceed.
- After the validation of the user’s ID, users can transfer ETH in order to purchase AGT.
- The final step is to buy an amount of AGT.
- The price of AGT will differ depending on the sale stage of AGT.
5. LIABILITY OF BUY A GIFT
Buy a Gift is not liable for the ETH and or AGT transfer, from the accounts of the Users. Buy a Gift is not reliable if the User who initiated and/or createad a transfer fails to purchase the AGT.
5.2. In order to maintain the security of his/her/it account, the User has the following obligations, without being limited to the following:
He/She/It/It/it will not provide false data;
- He/She/It/It/it will not create an account for another User, without his/her/it permission;
- He/She/It/It/it will have only one account;
- He/She/It/It/it will not use the Token if He/She/It/It/it is younger than 18 years old. If the User is younger than 18 years old, He/She/It/It needs the Token approval of his/her/it legal guardian;
- He/She/It/It will not use the Token if He/She/It/It was convicted for forgery and use of forgery;
- He/She/It/It will permanently update the information on his/her personal aGittoken account;
- He/She/It/It will not disclose his/her access password of his/her account to no one, nor will He/She/It/It allow another to access his/her account and He/She/It/It will do nothing that could affect the security of his account;
- He/She/It/It will not transfer the profile in the Token to another person without previously obtaining his/her/it approval;
Buy a Gift is not liable for the way the Token website, www.agittoken.com, works on different devices (smartphone, tablet, computer). Buy a Gift is not liable if the Users access the www.agifttoken.com in internet restricted areas, on devices with jailbreak (iOS), root (Android) or encryption data.
Buy a Gift is not liable of the www.agittoken.com functionality if accessed through an encrypted internet connections.
Buy a Gift is not liable for the images uploaded by Users on the aGifttoken website, the Users being the sole responsible for any litigations that might arise from the use of images without the approval of their respective owners.
6. DATA PROCESSING
For the use of the Token, Buy a Gift shall retrieve the User’s identification data from his/her it aGifttoken account.
Buy a Gift shall retrieve the User’s data only with the purpose of enabling him/her/it to use the Token.
For further details regarding data processing see the section “The policy for personal data processing and security”.
7. USER’S RESTRICTIONS
The User is forbidden to redistribute, sublease, multiply, use the Token in a way that will decompile, translate, rewrite, reconfigure, or change it, in order to try to reconfigure the Token.
The User is forbidden to disclose any confidential information regarding the Services to any third party, without the previous agreement of Buy a Gift.
The user is forbidden to use the Token outside the recommended operation environment.
Failure to observe any of the interdictions laid down at point 7 shall entail civil or criminal liability of the User, according to the Romanian laws in force.
8. USER’S CONDUCT
The User undertakes to use the Token for the purpose it was created for, namely for accumulating AGT, action initiated by the Users.
Users have full capacity to contract under applicable law;
Users will only be transacting via the aGifttoken with legally-obtained funds that belong to Users;
The User undertakes not to distribute pictures or images, written texts or any other type of messages with pornographic or sexual content through the Token.
The User is not allowed to use the Token:
in a way that would prejudice the Conditions, any law or which is in any way illegal or fraudulent;
in order to send, to receive, to upload or to download, or to use any material that has an abusive, indecent, defamatory, obscene character or which contains a threat, through the Token.
in order to send, to receive, to upload or to download, or to use any material that has no relevance to the purpose the Token was created for;
- by breaching copyrights or the confidentiality of any information;
- by using certain materials that could contain viruses or similar programs, that could cause an overload, followed by a prejudice of the Token and/or of its Users.
- in order to distribute advertisings or promotional materials, through aGifttoken;
- in a manner that does not observe the instructions sent by Buy a Gift from the perspective of security or quality of services offered by Buy a Gift;
- in order to modify or reconfigure the Services provided by Buy a Gift or any Equipment or Software owned by them;
- 8.5.9. in order to commit a fraud or a crime through which they breach or try to breach the security of the Facebook network and of the Token, including, but without being limited to:
accessing data which are not intended for the User or accessing an account the User does not have the permission to access.
trying to interfere with, to interrupt or mak the Token of another User unusable, including, but without being limited to, means of overloading, i.e. sending large amounts of e-mails or other such information to an individual e-mail address or to another User of the Service.
- through any action or lack of action that could prejudice the image, name, trademarks or any other rights of Buy a Gift
The User shall respond to every information request sent by Buy a Gift with respect to the use and security of the Token, in due time and as promptly as possible. Buy a Gift is not reliable for the damages done to the User, because of delayed or improper responses.
- The User agrees that Buy a Gift can’t control the content of every information put at its disposal, as well as the fact that Buy a Gift does not undertake, through these Conditions, any liability for transmitting or receiving illicit information that breaches rights and obligations of any kind.
- The User is strictly forbidden to integrate the Token in other websites or vice-versa, without the prior written agreement of Buy a Gift.
Buy a Gift bears no liability for determining whether taxes apply to any of your transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.
10. OBLIGATIONS OF BUY A GIFT
- Buy a Gift is required to supply the services to the User, in compliance with the present Conditions and according to a reasonable standard of professionalism and diligence.
- Buy a Gift shall make all due efforts in order to ensure access to the Token. The Token can be permanently accessed, excepting the following situations:
- situations in which the providers of associated technical services have difficulties in fulfilling their attributions.
- periods programmed for maintenance, which can be announced to Users if the Token is non-functional for more than 72 hours.
- in case that the failure to access the Token is caused by circumstances which Buy a Gift can’t reasonably control, including thunders, floods, extreme weather conditions, fires, explosions, wars, public disruptions, work conflicts or actions of the local or central public authorities or of other competent authorities or actions or omissions of third party service suppliers, cases in which Buy a Gift shall not be held responsible towards the User for any prejudices.
- Buy a Gift shall make all due efforts in order to enable the prompt and continuous use of the Token, but it shall not be held responsible for any data loss caused by delays, by the failure to supply or by the inadequate supply of services, due to certain events that cannot be controlled by Buy a Gift or due to certain errors or omissions of the User.
- Buy a Gift shall process the User’s data, such as, for example, his/her/it name and surname, profile picture, or the ID number of the User that could lead to the User’s public information (such as name and surname, profile picture, date of birth), the physical location of the user and of the device the Token is used on, age, sex, any other information supplied by the User, towards Buy a Gift. See the section “The policy for personal data processing and security”.
11. Risk warning
- By accepting these Terms and Conditions, users also acknowledge that they have been warned of the following risks:
New TechnologyUsers understand that cryptocurrencies including aGifttoken Token, blockchain technology, including also other associated and related technologies are new and untested and outside of Users or the Company’s control and adverse changes in market forces or the technology, broadly construed, will excuse the nonperformance by the Company under this Terms and Conditions including temporary interruption or permanent termination of Users access to the Token and Services.
Loss of fundsThe risk of loss in trading or holding cryptocurrencies and Tokens can be substantial. Therefore, Users should carefully consider whether trading or holding cryptocurrencies is suitable for them in the light of their financial condition. Forks and changes in relevant network may result in significant and sudden changes to the value and/or usability of cryptocurrencies and Tokens. The Company is not responsible for such loss of value of cryptocurrencies and Tokens and bears no responsibility for any loss incurred by you while using the aGifttoken or in any direct or indirect connection to the aGifttoken.
Unfavorable regulatory environmentCryptocurrencies, Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the aGifttoken could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of cryptocurrencies.
Risk of theft and hacking Hackers or other groups or organizations may attempt to steal Users’s Token, AGT and password in any number of ways.
Risk of security weaknesses of the aGifttoken There is a risk that the aGifttoken may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of Tokens and cryptocurrencies.
Risk of mining attacks As with other decentralized ledger, aGifttoken is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks can affect access to the Token and Services. Mining attacks, as described above, may also target other blockchain networks, which the aGifttoken interacts with, and consequently affect the aGifttoken performance and your access to the Services.
Internet transmission risks Users acknowledge that there are risks associated with using the Token and Services including, but not limited to, the failure of hardware, software, and internet connections. Users acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Token and Services, howsoever caused.
12. PROTECTION OF BUY A GIFT’S INTELLECTUAL PROPERTY
- The Token, along with the brand and its content is fully created by and it is rightfully owned by the company Buy a Gift, which is why it is protected by the laws applicable to copyright and intellectual property in Romania, in every state member of the European Union as well as by the legislation applicable in any other non-EU state.
- Any illegal copying or attempt to illegally copy any element included in the Token (algorithm, interface, logo, trademark and others) shall be punished according to the applicable law, both on the civil side, by granting compensation for the prejudice suffered by Buy a Gift, and also on the criminal side, depending on the crime committed.
- The User undertakes to compensate and to exonerate Buy a Gift of any responsibility regarding any obligations, losses, claims and expenses that might arise from the User’s failure to observe the present Conditions, as well as from the transmission or receipt of any information, requested or provided by the User, within the aGifttoken Token and website.
14. LIMITATIONS OF LIABILITY
- Buy a Gift shall not be held responsible in any way for no direct or indirect prejudices arising from the User’s loss of profit, personal data or any other type of loss, resulting from:
- the use or the impossibility to use the Token, caused by circumstances that Buy a Gift, can’t reasonably control, including thunders, floods, extreme weather conditions, fires, explosions, wars, public disruptions, work conflicts or actions of the local or central public authorities or of other competent authorities or actions or omissions of third party service suppliers;
- the unauthorized access of third parties by damaging the User’s identification data;
- declarations or actions of any third party unauthorized within the aGifttoken Token;
- incorrect information introduced into the aGifttoken Token and therefore the documents generated based on the incorrect information introduced;
- the generation of legal or fiscal documents, since the User undertakes the obligations of verifying the validity of any document and information generated in the aGifttoken Token;
- Buy a Gift shall not be held responsible for the method in which Users choose to spend their FIAT money or cryptocurencies through the aGifttoken Token and website.
- After the fulfillment of FIAT money or crytocurrencies (ex. ETH/AGT, etc.) transfer, any claim for reimbursement shall not be proceed.
- Buy a Gift, as intermediary, can not perform any reimbursement of the FIAT money and/or cryptocurrencies (ex. ETH, AGT, etc.) transferred.
- Buy a Gift does not monitor the content of data kept by the User and it does not guarantee that these data have no illegal content or that they don’t include other inacceptable materials.
15. SETTLEMENT OF CONFLICTS
If a conflict occurs between Buy a Gift and the User, they shall try to settle it amicably.
If the conflict can’t be settled amicably, the parties shall address to an abritrary or to the competent courts of law in Bucharest, Romania.
16. Failure to observe the terms and conditions
If the User fails to observe any of the terms and conditions provided in the present Conditions, Buy a Gift reserves its right of temporarily or permanently suspending, without any previous notification, the User’s access to the aGifttoken Token, website and to the related services.
Buy a Gift may order the exclusion of a User from the Token, if He/She/It/It identifies, or the other Users signal abuses in this respect.
The aGifttoken website may contain links to other websites. Buy a Gift is not responsible for the content, accuracy or opinions express in such Web sites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on aGifttoken website does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Including links towards other sites does not mean that Buy a Gift sustains the content and beliefs expressed on the respective sites.
Any links towards other sites are only offered for the purpose of an increased accessibility of information, and Buy a Gift does not undertake any responsibility for the content of these sites, or for the products or services promoted or marketed through these sites.