USER AGREEMENT ON THE USE OF THIS PLATFORM FOR PROVISION OF INTERNET SERVICES TO PRIVATE INDIVIDUALS
Approved: October 07, 2015
Published: October 12, 2015
Most recent amendment to the User Agreement: October 07, 2015
This Agreement is hereby concluded between you (the “User”), who have expressed a wish to use the Platform’s Internet services and have voluntarily and unconditionally agreed to accept all the terms and conditions of this Agreement, on the one hand, and Toolbox Solution Ltd. (registered at Geneva Place, Waterfront Drive, PO Box 3469, Road Town, Tortola, British Virgin Islands, register number 1719057, phone and fax number, e-mail), on the other hand, being the holder of the exclusive right to the Platform and the owner and operator of the Platform Website (the “Platform Operator”). If you are under 18 years of age, please ask your parent or guardian to review and approve this Agreement on your behalf. If you are under the aforesaid age, you must not use or access the Platform without a parent or legal guardian supervising you. This Agreement is a legally binding and sets forth the terms and conditions for the use of the Platform for providing Internet services for the purpose of carrying out operations and completing activities in order to earn, accrue, and utilize bonuses (including currency used in the European Union, Switzerland or Turkey in non-cash form, e.g. € and £) or other virtual currency, and in order to use additional services provided by the Platform Operator, in accordance with the terms stipulated herein.
Platform for Providing Internet Services (the “Platform”): A hardware and software suite that facilitates informational and technological interaction between the Platform Operator, Users, Advertisers, and other parties using the Platform (“Platform Participants”), subject to the requirements set forth in this Agreement. The Platform Operator is the owner and administrator of the Platform.
Website Operator: Toolbox Solution Ltd. and/or parties administering the Website, which provide operability support for the server equipment and programs on which the Website is hosted.
Advertising Offer: A selection of activities determined by the Advertiser or Platform Operator that the User needs to complete in order to earn Bonuses and/or other virtual currency.
List of Advertising Offers (LAO): A selection of Advertising and Information Modules and Advertising Promotions.
Platform Operator: Toolbox Solution Ltd., which facilitates informational and technological interaction between the Platform Participants.
User: An individual or legal entity that accepts the terms of this Agreement for the purposes of using the Platform.
Acceptance of the Terms of the Agreement: Full and unconditional consent by the User to all the terms of the Agreement without any exclusions and/or limitations, which is equal in force to the conclusion of a bilateral written Agreement.
Advertisers: Individuals, legal entities, or sole proprietors who post an Advertising Offer on the Platform Website.
Identification: A special procedure for the registration of the User on the Website.
Award (“Bonus”): An award in the form of monetary funds or other virtual currency or a selection of rights for the User that shall be paid to and/or accrued by the User in return for carrying out the activities indicated in an Advertising Offer. A Bonus shall be regulated by the terms set forth in this Agreement or in the Advertising Offer. Bonuses (with the exception of Bonuses accrued in the form of real monetary awards) cannot be exchanged for real monetary units with the Platform Operator. The Platform Operator may change the value of Bonuses and the terms of the rights to use Bonuses, at its discretion, at any time before the date of payment of a monetary award to the User. The User hereby agrees that he or she is not the owner of Bonuses, and also agrees that the Platform Operator in case of unpredictable circumstances out of Platform Operator’s reasonable control (including but not limited to severe exchange rate fluctuations) reserves the right to unilaterally change, and/or replace Bonuses with equivalent Bonuses.
Operation: A transaction involving the accrual, utilization, or transfer of Bonuses or other virtual currency using the Platform.
Request: Notification from the User regarding completion of an Operation.
Service: Interaction between the Platform Operator, Users, Advertisers, and other parties using the Platform.
2.1. The subject of this Agreement is the Platform Operator’s provision to the User of the opportunity to make use of the Platform for the purpose of earning, accruing, and utilizing Bonuses or other virtual currency by meeting the conditions specified in Advertising Offers, as well as using additional services provided by the Platform Operator, including text, graphics, images, software, and informational and other materials. This Agreement also covers the Platform Operator’s provision to the User of access to the Platform’s services, facilitation of the acceptance and execution of the User’s Requests, and the exchange of information and messages by means of the Platform’s services.
2.2. The Platform Operator may provide the User with services not stipulated in the Agreement. Information on the services provided to the User and a catalogue and description of the Operations which the User has the opportunity to execute using the Platform are available on the Platform Website.
3.1. Toolbox Solution Ltd., as well as companies belonging to the Toolbox Solution Ltd. group and its licensers (rights holders), are the sole owners of all rights to the software product (“Offer Platform”), the source code, structure, and organization of the Offer Platform, including copyright, trade secrets, intellectual property, and other related rights.
3.2. The name COINSUP, the domain names Coinsup.com, Coinsup.ru, and Dai2.ru, and any other trademarks, service marks, and/or commercial names used by Toolbox Solution Ltd. on the Website at the appropriate moment in time (“Trademarks”), are trademarks, service marks, and/or commercial names belonging to Toolbox Solution Ltd. or one of the companies in its group or its licensers, and the organizations indicated retain all rights to such Trademarks.
3.3. All the results of intellectual activity used and posted on the Website (Website design elements, symbols, logos, texts, graphics images, illustrations, photos, videos, programs, music, and other items), as well as the Website itself, are the intellectual property of their legal right holders and are protected according to international copyright treaties.
3.4. As a User of the Platform, you agree not to perform any actions on the Offer Platform that present an actual or potential threat to the rights, including the intellectual property rights, of Toolbox Solution Ltd. or companies that are part of the Toolbox Solution Ltd. group. You also agree not to perform actions that may cause harm to the image and reputation of Toolbox Solution Ltd.; companies that are part of the Toolbox Solution Ltd. group; employees, directors, or administrators of the Website; or Toolbox Solution Ltd. consultants.
3.5. Any use of the results of intellectual activity that are posted on the Website that does not have the permission of the Website administration or the legal rights holder may result in legal proceedings and civil, administrative, and criminal penalties being levied against the perpetrator in accordance with the applicable legislation.
4.1. Obtaining Bonuses. The Platform Operator shall allocate Bonuses to the User on completion by the User of the actions described in each specific Advertising Offer. The Platform Operator shall unilaterally determine the number of Bonuses allocated, depending on the conditions fulfilled for a specific Advertising Offer.
4.2. Fulfilling the conditions of an Advertising Offer. Carrying out the activities stipulated by an Advertising Offer as a result of following a link to an Advertiser’s Advertising Offer shall be deemed to fulfill the conditions of the Advertising Offer, and shall entitle the User to receive Bonuses only if the User complies with all the conditions stipulated in the Advertising Offer, as well as the conditions stipulated in this Agreement.
4.2.1. The User may not change the link used to access the Advertiser’s site. In order for the conditions of an Advertising Offer to be deemed to have been fulfilled, certain Advertisers – and in certain cases, limits to the technologies employed to monitor the fulfillment of the conditions of the Advertising Offers – may require the User to completely fulfill all the conditions of the Advertising Offer in the same browser session from which he or she followed the link to the Advertising Offer on the Advertiser’s site.
4.3. Unilateral decisions of the Platform Operator, changes. Bonuses received by the User for fulfilling the conditions of an Advertising Offer may be revised and corrected in case it turns out that the user did not fulfil the conditions of an Advertising Offer. If the Advertiser cannot provide confirmation to the Platform Operator of any transaction or activity required for the fulfillment of an Advertising Offer by the User, the Platform Operator reserves the right not to provide Bonuses from this certain Advertising Offer or to cancel Bonuses that have already been allotted although the conditions of the Advertising Offer have not been met. If the User disagrees with changes made to the User Account Record, he or she can contact the Support Service at firstname.lastname@example.org.
4.4. The opportunity to make use of the Platform’s services shall be available to Platform Users who are owners of telephone numbers provided by cell operators in the European Union, Switzerland or Turkey. Users who are owners of telephone numbers provided by cell operators in other countries may not use these services.
4.5. By accepting the Agreement, among the others, the User gives his personal verification to accept the Platform Operator’s sms-messages.
4.6. If the User is dissatisfied with the Website and the Services provided by the Platform Operator, the User may protect his or her rights by deleting his or her User Account Record in accordance with the terms set forth herein.
4.7. Augmentation of the User’s Virtual Account. Bonuses shall be transferred to the User’s account only after the Platform Operator receives confirmation from the Advertiser that the conditions of the Advertising Offer were fulfilled. 4.8. The User may use the Platform’s mobile version exclusively on physical mobile devices equipped with one of the following operating systems: Android, iOS, or Windows Phone.
5.1. The Platform Operator may restrict, suspend, or cancel the fulfillment of all or some of a User’s Requests to carry out Operations if they contradict applicable legislation or this Agreement, or if the User uses the Platform for purposes that infringe the rights of third parties.
5.3. The Platform Operator reserves the right to prohibit or limit any purchase, receipt, or redemption of Bonuses in any amount, at any time, and for any reason. The Platform Operator reserves the right to terminate, suspend, or cancel any Operation in cases of fraud or the reasonable suspicion thereof, material breaches of applicable laws or rules, or deliberate interference in the operation of the Platform Operator’s services.
5.4. The Platform Operator reserves the right to unilaterally terminate the User’s access to the Platform Website (in full or in part) at any time, with prior notice in accordance with paragraph 11 of this Agreement.
5.5. The Platform Operator reserves the right, should any suspicion of fraud or offensive or illegal activity arise, to apply to the corresponding law enforcement agencies. Such measures shall be taken in addition to any other measures taken by the Platform Operator in accordance with the requirements of the applicable Legislation.
7.1. During use of the Platform, it shall be prohibited to make any changes to the Platform software and/or any part thereof through your own efforts or with the involvement of third parties, or to use any means of automatic access to the Platform, unless otherwise agreed in writing with the Platform Operator. You may not: copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or transform the Offer Platform, or make any attempts to access the source code for the creation of derivative works based on the Software’s source code or by another means; sell, reassign, sublicense, transfer, distribute, or provide the Software for temporary use; export the Software to any country (either physically or electronically); or use the Software in any way prohibited by current laws and regulatory documents. (Each of the abovementioned actions shall be hereinafter referred to as “Wrongful Use of the Platform”.)
7.2. The User shall bear exclusive liability for any damages, costs, and expenses arising as the result of or in connection with his or her Wrongful Use of the Platform. All activities undertaken by the User in connection with the Service must be carried out by the User personally, using the User interface, which is accessible through use of the Software.
7.3. The User shall bear exclusive liability for any damages, costs, and expenses including, but not limited to those arising as the result of or in connection with any Wrongful Use.
7.4. Under this Agreement, any of the following actions taken by the User shall also be deemed material breach of the Agreement in terms of paragraph 11:
7.4.1. The employment by the user of artificial intelligence mechanisms or other automated programs (for example, robots) that are used exclusively for the purpose of obtaining any kind of benefit. The use of the Website, the services, or the Website’s content for commercial purposes or in the interests of third parties in any form is not permitted by this Agreement. Should a violation of such requirements of the User occur, administrative actions may be undertaken in accordance with the solutions stipulated in the provisions of the applicable Legislation.
7.4.2. The registration of the User in the name of or in place of another person, or the registration of a group (community) of persons or of a legal entity as a User.
7.4.3. The creation of Empty Accounts, that is, of records which do not include the User’s personal information, including the registration of several accounts by one User (“Multi-boxing”).
7.4.4. The misinformation by the User as to his or her identity, using the login and password of another registered User.
7.4.5. The distortion of the User’s information on him- or herself, his or her age, or his or her relationships to other persons or organizations.
7.4.6. The use of automation facilities, anonymizer systems and other companies or organizations that provide an access through open proxy servers for the purpose of concealing or substitution of information about User, as well as the User’s actual location.
7.4.7. The use of obscene language when registering for promotions or communicating with the Support Service.
7.5. Should the User create any accounts which violate paragraphs 7.4.2. and 7.4.3. of this Agreement, they shall be deemed “Fake Accounts”.
8.1. Within the framework of this Agreement, the Platform Operator reserves the right:
8.1.1. To modify any Platform software.
8.1.2. To suspend the operation of software and/or hardware that facilitates the operation of the Platform upon the discovery of significant malfunctions, errors, or breakdowns, as well as for the purpose of conducting preventive maintenance and preventing unauthorized access to the Platform.
8.1.3. To prohibit, at any time, previously permitted automatic access to the Platform, as well as to terminate the acceptance of any information that is automatically entered.
8.1.4. To require that the User provide, regardless of the User’s transmission/non-transmission of Identification, the explanations required by the Platform Operator, in cases:
- Arising from this Agreement;
- Related to connection to the corresponding service;
- In which the Platform Operator has reason to believe that the User is violating the terms and conditions of the Agreement, applicable Legislation, or the rights and lawful interests of the Platform Operator, Platform Participants, and/or other third parties; or is providing false personal or other data (in cases where the User must provide personal data in order for the Platform Operator to provide Internet services);
- In other cases at the reasonable discretion of the Platform Operator.
8.1.5. To refuse to allow the User to carry out Operations until the User provides explanations in the form established by the Platform Operator and the explanations are reviewed, in the cases indicated below:
188.8.131.52. Where doubts have arisen on the part of the Platform Operator regarding the User’s proper and lawful use of the Platform;
184.108.40.206. Where it has become necessary for the Platform Operator to identify the User at the Platform Operator’s discretion;
220.127.116.11. Where it is not possible to establish and/or support technological and informational cooperation with Advertisers or other Platform Participants for reasons not dependent on the Platform Operator;
18.104.22.168. Where the User is in breach of the terms of the Agreement;
8.2. Information about the Platform relating to its use shall be posted on the Platform Website. Information on amendments to the terms and conditions of the Agreement, changes to the software and/or the need to update or change it, the types and means of Identification, the consequences of transmission of Identification, and access to additional services shall also be posted on the Platform Website.
9.1. The Platform Operator is not responsible for malfunctions, errors, or breakdowns in the operation of software and/or hardware facilitating the operation of the Platform that arise due to causes not dependent on the Platform, or for User losses connected thereto.
9.2. The Platform Operator is not responsible for temporary lack of User access to the software and/or hardware facilitating the operation of the Platform, or for User losses connected thereto.
9.3. The Platform Operator shall not be liable for any User and/or third-party losses, loss of information as a result of the use or impossibility of use of the Platform, lost profits, receipt of less income than expected, or loss of data, or for tangential special, indirect, punitive, or retaliatory losses, if such restriction of liability is permitted by the applicable Legislation. The Platform Operator, Advertisers, and other Participants shall under no circumstances bear liability for unforeseen damages or losses accept for damages with respect to injuries to health, body or life or for intentional damages caused by itself, his representatives, employees or vicarious agents or where mandatory according to the applicable law.
9.4. The Platform Operator shall not be liable for User losses occurring as a result of the wrongful actions of third parties, including those connected with illegal access to the User Account Record.
9.5. Unless expressly stipulated otherwise, the Platform Operator shall not bear liability for any materials, information, messages, opinions, or services posted on the Platform Website, or for the content of information linked from that Website and provided in its original and accessible form without any guarantees on the part of the Platform Operator. The User hereby acknowledges that:
9.5.1. The Platform Operator has no control over or liability for any of the content of the websites, products, or services of the Advertisers and other Platform Participants connected with the Platform Website, including, inter alia, the Advertising Offers of Advertisers accessible through following a link on the Website, including promotions;
9.5.2. The Platform Operator provides no guarantees with regard to such third-party service providers, the content of their websites, their products, or their services, including the fact that their systems may not adequately recognize the User or may incorrectly process the User’s use of Bonuses;
9.5.3. The User shall bear full liability for any interaction with third-party service providers.
9.6. The Platform Operator, Advertisers, and other Platform Participants do not provide any guarantees, either evident or implicit. The Platform Operator does not confirm or guarantee the accuracy, relevance, or reliability of any information posted on, uploaded to, or disseminated through the Platform Website.
9.7. The Platform Operator, Advertisers, and other Platform Participants do not guarantee that the Platform Website will conform to the requirements or meet the expectations of the User; that access to this Website or any information, messages, or services which are linked to on this Website will be operative, timely, reliable, or error-free; or that the results of such use will be precise and reliable, and will correspond to the User’s aims.
9.8. The Platform Operator shall take all available steps to facilitate the security of the Website’s content; however, it cannot guarantee that, as a result of wrongful actions of the User or third parties, any files or other data downloaded by the User from the Website will not contain viruses, harmful programs, or harmful components, including, inter alia, all viruses, malware, Trojans, worms, adware, spyware, or criminal software, means of creating online graffiti, program installers, keystroke loggers, robots, or other harmful software or elements.
9.9. The Platform Operator shall not be liable for the behavior of third-party suppliers of services or partners, whether online or offline.
9.10. The User hereby indicates that he or she understands and expressly agrees that the Platform Operator (or its employees, directors, investors, subsidiaries, agents, legal successors, representatives, suppliers, partners, or workers) shall not be liable for any direct or actual, tangential, or incidental losses, including, inter alia, any losses whatsoever incurred as a result of the loss of the ability to use data, or other losses of a non-material nature (even if the Platform Operator was informed of the possibility of such losses) arising as a result of the use or impossibility of using the Platform Website; the liquidation or termination of the Platform Website; the unauthorized alteration of or access to User materials or data; errors or omissions in the content of the Platform Website, notifications or activities of third parties on the Platform Website; instructions, information, or services provided on the Platform Website (including Advertising Offers posted on the Platform Website and Bonuses) or through a link on the Platform Website; or for any other reason connected with the Platform Website.
The User shall be prohibited from using any illegal, indecent, slanderous, damaging, threatening, or otherwise offensive materials or messages on the Website or in correspondence with the personnel of the Website Operator.
11.1. If the User is in material breach with any clause of this Agreement, then the Platform Operator may, at our reasonably discretion, depending on the seriousness of the breach take some or all of the following actions:
11.1.1 Inform the User about the material breach and suspend him or her access to the Platform for a period of time; and
11.1.2 Suspend or terminate User’s Virtual Account.
11.2. If this breach is the first breach of the User and it is not flagrant and it is capable of cure then the Platform Operator shall give the User a reasonable prior notice of the impending account termination to give him or her the opportunity to cure the breach during such time period.
11.3. If Platform Operator suspends the User’s Virtual Account, then during the period of that suspension the User will not be able to access his or her account or use the Platform. If Platform Operator terminates the User’s Virtual Account, the User will never be able to access his or her account and may also be prohibited from accessing or using the Platform in future.
11.4. The User hereby agree to fully indemnify, defend, and hold harmless Toolbox Solution Ltd. and its shareholders, directors, and employees in relation to all claims, demands, liabilities, damages, losses, costs, and expenses, including legal expenses and any other expenses, notwithstanding their cause, which may be incurred as a result of:
- the User full or partial breach of this Agreement;
- an infringement by the User of any law or the rights of any third parties;
- the use of Services on the Website or the Platform by the User or any other person who gained access to the Services using the User’s Registration Information, regardless of whether such use was allowed by the User or not.
12.1. This Agreement on the use of the Platform is concluded between the Platform Operator and the User, and is a legally binding Agreement.
12.3. Should the User disagree with the terms of this Agreement, he or she should decline to use the Platform Website by either clicking on the “Disagree” button, or refraining from using the Platform, the Platform Website, the Advertising Offers, or the other services provided by the Platform Operator.
12.4. At any time during which the User makes use of the Platform Website, the User shall be liable to provide only accurate data, as well as information that reflects reality.
12.5. There is no limitation on the validity period of this Agreement.
13.1. The Platform Operator shall have the right to unilaterally make changes (amend, edit, update, or add or delete any part) to the Agreement. However, the User needs to agree to these changes before the changes come into force. The Platform Operator shall inform the User about these changes upfront. If the User does not agree to these changes, the Platform Operator is allowed to terminate this Agreement.. Should the User disagree with the amended conditions of the Agreement, he or she shall have the right to terminate the Agreement, too.
13.2. The Agreement may be terminated by each party by sending the other party notice in writing, in which the Account Record number must be indicated. The Agreement shall be deemed terminated fourteen (14) calendar days after receipt of such notice. Notice provided by email (in the form of an email message sent to the Platform Operator at email@example.com) or sent as a paper copy to the Platform Operator’s address of registration (physical address) specified in paragraph 18 of this Agreement shall be considered acceptable.
13.3. This Agreement may be terminated by the Platform Operator:
13.3.1. If a breach of the terms of the Agreement accrues in accordance with paragraph 11;
13.3.2. If the User provides inaccurate data;
13.3.3. In other cases of material breach of this Agreement.
14.1. The User shall assume responsibility for access to any other website to which the Platform Website links, including but not limited to the websites of Advertisers and other Platform Participants. The User understands that such websites may be regulated by their own rules, confidentiality policies, personal data transmission policies, and other policies, which may differ from the policies of the Platform Website. The Platform Operator shall not be liable for the content, products, or services provided on any website to which the Platform Website links, or for changes to, updates to, or inaccessibility of any product or service on such sites. The Platform Operator provides these links for convenience only, and its suggestion of any link does not imply that the Platform Operator approves, guarantees, or accepts liability for the content, products, or services posted on such a third-party website.
Should any clause in this Agreement be or become illegal, invalid, or unenforceable in any jurisdiction, that fact shall not affect the legality or enforceability in that jurisdiction of any other clause of this Agreement, or the legality or enforceability in other jurisdictions of this or any other clause of this Agreement.
Should disputes or disagreements arise in connection with the execution of this Agreement, the User and the Platform Operator shall make efforts to resolve such disputes through negotiations.
Toolbox Solution Ltd., the Platform Operator, reserves the right to assign this Agreement in full or in part at any time, without notice. The User may not assign any of his or her rights or obligations hereunder.
18.1. This Agreement is an indivisible Agreement and covenant between the User and the Platform Operator in connection with the Service of providing the User with the Platform’s Internet services, and replaces any other previous agreement or covenant between the User and the Platform Operator.
18.2. This Agreement and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of [Germany]. To the extent that [German] law deprives the User of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the User has his habitual residence, the law of that country applies.
18.3. The provisions of this Agreement do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of applicable law nor may be construed by anyone in this way.
Toolbox Solution Ltd.
Registration number: 1719057
Address: Geneva Place, Waterfront Drive, PO Box 3469, Road Town, Tortola, British Virgin Islands
Bank: Rietumu Banka
Bank address: 7 Vesetas St., Riga, LV-1013, Latvia
SWIFT code: RTMBLV2X