§ 1. Preamble
Diamond Certainty is an online platform, the purpose of which is to allow the Users to invest in diamond jewellery and other products and participate in the Partner Programme according to the principles determined in the Regulations and to the information published on the website, including the Marketing Plan.
Diamonds International Corporation
The Controller and the Platform Provider is: D.I.C. Investment Limited, located in Room 1802, Dominion Center, 43-59, Queens Road East,Hong Kong, registration number 1643720, in connection with which the User acknowledges the fact that all representations should be addressed solely to this entity. The Service Provider may be contacted at: email@example.com. For the purposes hereof, the Controller and the Service Provider shall be referred to as Diamond Certainty.
§ 2. General Provisions
2.1. Scope of Provided Services
Via the Platform, the User may sign up and thus obtain access to the User Account, in which they shall be able to track their Account balance. The Account balance shall depend on the purchased vouchers as well as on the activity within the Partner Programme.
Password – the unique series of marks created by the User, providing them with access to their Account;
User Account – the set of resources and privileges within the Platform, assigned to the User, containing the necessary information for their authorisation and allowing them for use of the services;
Login – the User’s name used for their identification together with the Password being necessary for authorisation in the course of obtaining of the access to the Platform;
Marketing Plan – the document determining the terms & conditions of the access to the services and of the use of the Partner Programme;
Platform – the website found at www.diamondcertainty.com;
Products – they shall be understood as diamond jewellery, watches and other products available in the offer of the online Shop being available via the Service Provider;
Signing up – the activity performed within the portal, consisting in creation of the User Account as well as definition of the Login and Password and other sign-up fields;
Shop – the entities, in which the purchased vouchers may be used for acquisition of the goods available therein; the available Shops are determined in the Platform and in the User Account;
ICT System – the set of cooperating IT devices and software allowing for processing and storage as well as sending and receipt of data via the telecommunication networks by means of the end device being proper for the given type of the network;
Contents – all materials and services made available in the Platform;
User – a natural person, a legal person or an unincorporated entity granted with legal capacity by the Act, running business or professional activity or otherwise possessing relevant entitlement governed by the national provisions to participate in the Platform, if necessary, in the place of their residence or stay.
The activity of Diamond Certainty do not in any way relate to investments such as investment funds and other financial institutions. The term ‘investments’ in the field of the activity of the Service Provider should be defined solely as making of a purchase in the Platform. The activity of the Service Provider should not be perceived as consulting or investment recommendation from the side of the Service Provider.
§ 3. Signing up and Agreement
The Agreement may be concluded by natural persons, legal persons and unincorporated entities granted with legal capacity by the Act. The legal age shall be determined by the law of the given country that the User comes from. Signing up shall be free of charge and the User shall consequently obtain access to the functionalities of the Platform. An underage person may become the User with a consent of their legal guardian. In case of any doubts as to reaching of the legal age, the Service Provider may perform additional verification of this state, requesting submission of relevant documents confirming it.
By Signing up in the Platform, the User shall conclude an Electronic Service Agreement and shall confirm that they have acquainted themselves with the communicated Regulations and in particular with:
- The scope of the provided services;
- The Marketing Plan;
- Lack of the necessity to invite new Users to the Platform;
- Existence of the risk determined in the Regulations.
3.3. Sign-up Fields
Signing up shall take place solely online according to the need to enter the required information:
- first name;
- telephone number;
- the amount of the monthly payment for the purchase of vouchers;
- reference code of the recommending person;
3.4. Sign-up Procedure
Having completed the sign-up fields, the User shall confirm their familiarity with the Regulations as well as with the other information contained at the check boxes, shall confirm the entered data and then shall be sent the code being necessary for Signing up confirmation to their telephone. Next, after Signing up confirmation, the Account shall be created. The User shall receive the e-mail with the information on the performed activity as well as with the granted Password and with the recommendation to change it.
3.5. Signing up Completion
After the completed Signing up, the User shall obtain access to the Account, in which they may add additional information on themselves, in particular the one being necessary for their verification.
3.6. Account Verification
If the User makes a one time or gradual purchase in excess of USD 1,100 on the Platform, the User will be verified, inter alia, by the Service Provider in terms of international provisions against money laundering and terrorist financing. The verification of the User shall consist in confirmation of their identity through (basic verification):
- scan of a document with a photo (ID/passport);
- address confirmation (certificate on the held bank account, bill for services, certificate on registered residence, or personal declaration).
In compliance with legal requirements, the Service Provider shall perform re-verification of the Users on a cyclical basis, according to its internal security procedure. The additional verification may consist in the need to send other documents than the ones from the basic verification, especially the source of origin of the funds or taking of the photo with the held document from the basic verification, a sheet of paper with hand-written text or the photo of the User with the location indicated by the Service Provider, located near the address determined in the address confirmation.
3.7. Term of the Agreement
The Agreement shall be concluded for indefinite time. The User may terminate the Agreement through sending of an e-mail to the address of the Service Provider. The User shall have the right to request erasure of all of their data by sending of a relevant request from their Account to the e-mail address of the Service Provider, while the Service Provider may retain the data being necessary for identification of the User or in case of occurrence of claims or in case of claims, inquiries from competent persons, as well as for their settlement. The Agreement shall expire upon the death of the User the latest, while the rights to the Account may be inherited due to performance of the succession proceedings. Obtaining of the confirmation from the Service Provider and submission of the documents required for this purpose to it shall be the condition for the entry in the rights of the User.
3.8. Termination of the Agreement
The Service Provider reserves the right to terminate the Agreement with immediate effect for an important reason, in particular due to violation of significant provisions hereof by the User, which shall be in particular understood as:
dissemination of information which adversely affects the activity of the Service Provider or which is incompliant with the Regulations and with the company policy, including in particular by means of hate messages;
- legally valid conviction of the User or institution from bankruptcy or proceedings on an Agreement connected with it;
- the situation in which the User has been stating in their activity that it is enough to invite the next persons for obtaining of gain;
- the situation in which the User has been omitting the information on the existing risk in the presentations about the Service Provider;
- the situation in which the User has been otherwise misleading the potential Users as to the objectives of the Service Provider.
§ 4. Voucher Purchase and Service Use
Within the payments made in the Platform, the User shall purchase a voucher to be used in the E-shop and in the Shops connected with the Service Provider. The amount of purchased vouchers will be accessible in the User Account under the name Product Account. The vouchers may be used for purchase of diamond jewellery, watches and other products available via the Service Provider. The Shops in which vouchers can be used shall be available in the User Account. In order to use the voucher, the User should:
- notify the Service Provider of their will to use the voucher and select the goods which are interesting for the User within the offer available in the Shops;
- pay value added tax (VAT) on products and services applicable in the country where the payment is made, or other taxes in accordance with the national regulations of the countries specified.
Vouchers are valid for 10 years from their purchase. The vouchers shall not be subject to sale among the Users and may not be used for topping up of the Account of another User.
- he vouchers may not be used for payment of the VAT or of the costs of transport and shipment of the Products.
4.2. Bonuses / Commission Amount
The amounts collected by the Users within the Bonuses / Commission may also be used for purchase of diamonds, diamond jewellery, watches and other products available via the Service Provider. The principles for the use of the collected Bonuses – Commissions have been described in the Regulations in the part relating to the Partner Programme.
4.3. Service Use According to Their Purpose
Every User undertakes to use the Platform according to its purpose, applicable legal provisions, social and moral norms as well as the provisions hereof. The User shall be obliged to protect their personal Passwords and Logins against third-party access. The basic purpose of the User should be the use of the services allowing for obtaining of the Products (diamond jewellery, watches and other products offered via the Service Provider).
The User shall not be allowed to provide responses to inquiries (whether press or official ones) relating to the Service Provider, including in particular as to the Marketing Plan and services as well as the activity of the User in the Platform. The User shall be obliged to pass all received documents of this type to the Service Provider immediately.
4.5. Rights to User Account and No Multi-Accounts
The User must not share the Account with other persons, transfer the rights to the Account or make the Account available in a part or in the entirety in any other forms. The User may have only one Account in the Platform (no multi-accounts).
4.6. Use of the Mark of the Service Provider
The User shall have the right to use the marking of the company (name), the logo (company mark) and the promotional materials, including in particular the Marketing Plan, for the purposes of functioning in the Partner Programme. The use of the mark of the Service Provider shall be possible subject to the following provisions:
- If the User advertises, publishes or otherwise uses the mark of the Service Provider, they shall be obliged to add the marking: ‘Independent Partner of Diamond Certainty’.
- If the User has created a website or an account on social networks, which relates solely to the partnership in Diamond Certainty or it is one of several described programmes, the marking: ‘Independent Partner of Diamond Certainty’ must be found on the main page.
In business contracts and in contracts with other Users, the User must not give the impression that he is acting on a regulation or on behalf of the Service Provider. In external relations, Users may use the title “Partner”. The use of other titles, such as “Manager, Director” or similar, is forbidden unless the Service Provider agrees and assigns the title to the User. In case of violation of these provisions, the Service Provider may reprimand and / or apply sanctions to the User. If other regulations / instructions / instructions are related to the User, they will be applied as well. Such recommendations may include individual Users and specific groups.
4.7. Access to the Account
Any effects occurring as a result of obtaining of the Password allowing for access to the User Account by third parties shall not raise any liability at the side of the Service Provider. It shall apply in particular to the case when the User Account is created by another person/User, which is not allowed by the Service Provider. Creation of the Account in the Platform for another person shall constitute particularly gross violation of the Regulations due to the will of the Service Provider to inform every person on the terms & conditions of joining of the Platform in a reliable manner.
4.8. Withdrawal from the Agreement
In case when the User is a consumer, the Service Provider informs that the User shall lose their statutory right to withdraw from the Agreement due to:
- delivery of digital Contents;
- purchase of a voucher, which is related to the purchase in the field of Products (diamond jewelry and other similar products), over which the Service Provider has no control and which are constantly subject to price changes
- the need to settle the purchase within the Partner Program with other Users according to the Marketing Plan.
4.9. Cancellation of membership
– cancellation of membership can be initiated anytime
– No cash refunds. Refunds will be in the form of vouchers
– Voucher is valid for 5 years from the date of payment
4.10. Existence of Risk
The User accepts the fact that as part of operating on the Platform and making a purchase (diamond jewelry, watches and other products available in the Store), these are products that are subject to price fluctuations in the world. Their price depends on the way the User treats them after purchase, on supply and demand in the world, as well as on the tastes of customers and appraisers. The Service Provider has no influence on the final price of the products after several years.
4.11. Validity of voucher
Voucher is valid for 10 years from the date of payment. The user is aware of the fact that after this period he will not be able to use the Voucher.
§ 5. Partner Programme
5.1. Additional Function
The basic purpose of the Platform is to allow the Users to purchase the Products by means of the purchased vouchers, while the developed Partner Programme is an additional function which makes the Users be able to obtain Bonuses -Commissions in the manner determined in the Marketing Plan and in the Regulations. Whenever these Regulations mention Commissions, they shall be understood also as other bonuses of any type which may be obtained according to the Marketing Plan.
5.2. Marketing Plan and Commissions
The Marketing Plan, together with all its content, will be an integral part of this Agreement. Users can receive bonuses according to the amounts and policies contained in the Marketing Plan and in the information found in the User Account in the customer panel. A basic description of the bonuses is presented below. The Service Provider may introduce additional bonuses, even those valid only for a certain period of time. The Service Provider may change the amount and rules for obtaining and paying bonuses at any time, if the market situation so requires. Changes will be published in the User Account incl. their current wording.
- Referral bonus – from a purchase made by a new person on the Platform recommended by the User.
- Loyalty bonus – from monthly purchases of vouchers within the building a loyalty structure and closing its individual parts.
- Diamond bonus – if the User has in his loyalty structure any user who has the required number of users in his own loyalty structure needed to achieve different levels of Diamond Bonus.
- Car bonus – financial contribution to the operation of the User’s car.
5.3. User Acting in the Partner Programme
The User acting in the Partner Programme shall not be an employee, a contractor or a sales representative, due to which there are no orders relating to the obligation to provide services to the benefit of the Service Provider. The User shall not be subject to any instructions relating to the type, place, input of activities and scope of performance of their activities and at the same time, they shall be independently liable on their own behalf for observance of relevant statutory provisions, including tax provisions, as well as for obtaining of the potential authorisation for running of business activity if needed in the given legal system according to the scope of the activities performed by the specific person. The activity of the User shall be performed on their account and at their own risk and their voluntary Signing up shall constitute its basis. Apart from conclusion of the Electronic Service Agreement, the User shall not be bound (as a rule) with the Service Provider by any other legal relationships, including in particular labour law relationships or other relationships, unless the mutual relations of the Parties have been formed in the course of separately concluded written agreements or understandings.
5.4. Loyalty Structure
The Users may acquire other persons to their structure for the purposes of distribution of the goods and services offered by the Service Provider. After creation and maintenance of the structure, the User may receive commissions according to the Marketing Plan. The User knows that they may receive commissions in case of fulfilment of the qualification criteria. If the given qualification is not obtained or worked out within the set time limit, the User shall not be entitled to the commission for the specific period. Within the purchases made in the Platform of the Service Provider, the User shall create the position, under which the structure of the positions paid for by the customers grows in the triple system up to five lines down. By filling the matrix in this way, the User can get a Loyalty Bonus. The system will complete the matrix in order from left to right by people who have been recommended to the Platform and who have entered the system.
5.5. Acquisition of Other Users
The Service Provider declares and the User acknowledges and agrees that the acquisition of new (other) users within the Partner Program within the use of the offered services is not necessary.
No potential income-generating information, taking into account the benefits of inviting new members, will be construed as an activity necessary to operate on the Platform. In particular, the expression: “all you have to do is to invite three persons” or similar, does not mean that this activity is necessary for the User within the Service Provider’s Partner Program.
Every person who has signed up to the Platform shall become the User. The person who has acquired to the Platform, to their loyalty structure, at least 3 new Users, shall become the privileged User. This condition shall be considered as met if each of these 3 persons purchases a voucher for the amount of at least USD 72. The User shall lose the status of the privileged User if they do not have in their loyalty structure at least 3 Users with performed monthly purchase for the amount of USD 72. In case when a person signs up directly via the Website, without the reference code, the system (rotator) operating within the Platform of the loyalty structures place User in the first available free place. The Provider reserves the right to change the position of such a person under another user who will provide this person with the necessary support.
5.7. Settlement Period
The settlement period, within which the User may make a purchase in the Platform, shall be a full calendar month plus 10 days of the following month.
5.8. Reliability Principle
The User functioning within the Partner Programme of the Platform acknowledges and shall be obliged:
to inform on the goods and services offered in the Platform in a due manner, taking into account in
- articular the specificity of the market of diamonds and jewellery;
- to inform on lack of guarantee of gain and on the existing risk;
- to inform on lack of the need to invite new persons;
- to follow the principles of fairness and due treatment in relationships with other people;
- not to apply misleading, deceitful and unfair practices or sale.
5.9. Competition Principle
The Users may compete with each other through seizure of the persons participating in the Partner Programme (and of the ones who may or have the intention to sign up). At the same time, it is being reserved that in case when the User wants to change the person who has invited them (create a new Account), the previous Account must be deleted. For this purpose, such person has to submit a request for (report of) Account deletion to the Service Provider first. In case of violation of this obligation, the Service Provider may apply sanctions. At the same time, it is being reserved that loyalty structures built within the previous Account may not be then transferred to the new Account by the Service Provider. The Service Provider shall not interfere with the structures in any way. Any movements within the structures may be made solely within an individual decision of the User. Therefore, it shall be permissible to persuade other Users to move within the structures.
5.10. Other Programmes
The Users shall have the right to participate in other Partner Programmes but if they are services similar to the activity of the Service Provider, it shall be forbidden to:
- offer participation in them to persons being Users of the Service Provider;
- combine presentation of the Service Provider with presentations of other companies within one material (or subsequent materials) unless the Service Provider has consented thereto.
Similar services shall be understood as services of other companies which offer sale of diamonds, diamond jewellery or any related products offered in the Partner Program. In case of violation of this obligation, the Service Provider shall have the right to apply sanctions.
§ 6. Payments
American dollar shall be the unit of accounts in the Platform.
The collected commissions and the collected funds may be withdrawn or used according to the following principles:
- The funds obtained through Referral, Loyalty and Diamond bonuses can be transferred to the User´s bank account.
- The funds collected in the Account within the ‘total monthly payments’ (purchased vouchers) may be used solely for the goods available in the Shop.
6.3. Minimum withdrawal amount
Withdrawals below the minimum of USD 100 will not be made. All commissions below this value will be kept on the User’s Account and will be paid after exceeding the specified minimum Limit and receiving the given instructions.
§ 7. Sanctions and Complaints
Violations of the provisions hereof may at the discretion of the Service Provider and adequately to the scale of the violation result in:
- temporary suspension of the possibility to obtain commissions within the Partner Programme;
- temporary suspension of the Account (blocking of access to the Account);
- account deletion (termination of the Agreement);
- account deletion with redemption of the collected funds (termination of the Agreement with imposition of the contractual penalty).
7.2. Form and Content of the Report
The Users and third parties may report violations, complaints and appeals against decisions to the e-mail address of the Service Provider. The report must contain:
- determination of the reporting person;
- indication whether they are the User of the Platform together with determination of their Login information;
- detailed description of the report.
7.3. Response Provision
The Service Provider shall provide the information on examination of the report electronically within maximum 30 (thirty) days from the date of the report. The response to the report shall be sent to the reporting person to the address determined by them in the report. The Service Provider reserves the right to extend the time limit determined above by maximum 30 (thirty) days in case when examination of the report requires special information or faces obstacles beyond control of the Service Provider, in particular such as hardware or Internet network failures. Moreover, the Service Provider reserves that examination of the report may require obtaining of additional explanations from the reporting person – the time of provision of the explanations by them shall each time extend respectively the period of report examination. In case of submission of a completely illegitimate report or submission of a wrong report twice, the User may be charged with the penalty of the value of USD 25.
7.4. Response Form
Sending of the report by the User in electronic form will serve as consent to the sending of answers by the Service Provider in electronic form.
8.1. Data Processing
8.2. Respect for Privacy
The Service Provider assures that it makes all efforts in order for its processing of the personal data to be performed with the greatest respect for the privacy of the persons, whose data is processed, together with the greatest care about the security of the processed personal data, and in particular it assures that it has taken all measures aimed at protection of the personal data sets, provided for by the law.
8.3. Applied Measures
The Service Provider represents that it applies the technical and organisational measures ensuring protection of the processed personal data, adequate for the risks and categories of the data covered by the protection, and in particular it protects the data against its provision to non-authorised persons, its processing with violation of legal provisions as well as its loss, damage or destruction.
8.4. Scope and Purpose of Data Processing
The Service Provider shall process the personal data of the Users for the purposes of:
- establishment, change, performance or cancellation of the contractual relationship between the Service Provider and the User, for a period of 15 years;
- compliance with the legal obligations that apply to the Service Provider, for a period of 15 years (***);
marketing and promotion of the service, as well as sending advertising information, for a period of 15 years (***);
- use of telecommunications equipment and automatic calling systems for marketing purposes, for a period of 15 years (***).
The Service Provider will store data and information, including personal data, for the above period, unless a longer period of retention is required or permitted by law. After the specified retention period, the Service Provider will delete the personal data. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner. The Service Provider does not perform automatic individual decision-making within the meaning of Article 22 of the Regulation.
8.5. Data Profiling
Personal data processing shall include profiling of the Users in terms of their behaviour, interest, payment worthiness and purchasing preferences. On the basis of the profiling, the Users shall be provided with the Contents which may potentially be interesting for them.
8.6. Information Provision
For the purposes of performance of the agreement, the Controller may provide the collected personal data to the entities including: employees, associates, courier companies, online payment system operators, entities providing legal, accounting and IT services to the Service Provider as well as entities having personal or capital affiliations with the Service Provider. In such cases, the quantity of the provided data shall be limited to the required minimum.
8.7. Data Visibility in Loyalty Structures
The User accepts the fact that their data will be visible within the loyalty structure for the User being their introducer or the User being above them in the loyalty structure due to application of the rotator, while it shall be available solely for the privileged Users having at least 3 Users (i.e. those who pay at least the minimum amount needed each month). The data of the Users which is visible shall be name (first name and surname), e-mail, telephone number and identification marking. The User consents to contact via the means indicated above by the persons indicated above.
8.8. Data Scope
The Service Provider shall or may process the personal data of the Users according to the provided sign-up form as well as the data which may be completed in the User Account, including in particular identification and contact data. The scope of the data is also determined in the Regulations, in the part relating to Signing up and Agreement.
8.9. Platform Browsing
Browsing of the Contents of the Platform shall not require provision of the personal data by the User unless access to them is subject to registration. Uncreated Signing up shall result in restriction of the possibility to use the services, in particular shall prevent testing of availability of the services from the level of the User Account. Signing up shall be free of charge and shall not create any obligation to make any purchase in the Platform.
8.10. Data Processing Principles
The Service Provider shall observe the following personal data processing principles:
- it shall save the collected personal data solely on the information carriers which are protected against third-party access;
- it shall register the personal data sets or it shall appoint the persons who will be performing the required obligations in this field;
- it shall perform supervision over data security for the entire term of its possession in a manner which in particular ensures its protection against access of non-authorised persons and, against its damage, destruction or loss;
- it shall provide the data to the entitled entities solely on the basis of applicable legal provisions;
it shall keep the personal data confidential.
The personal data processed by the Service Provider shall not be provided to the outside in any form which would allow for any identification of the Users unless the User has consented thereto or if the obligation to provide the collected information results from applicable legal provisions.
8.11. Traffic Analyses
The Service Provider represents that it may use the tools used for analysis of the traffic in the Platform, such as Google Analytics and other similar tools. In particular, the Service Provider may collect the data on the activity of the User and on their behaviour, such as visiting of the Platform and use of the service. The Service Provider shall use the data solely for the purposes connected with examination of the market and online traffic in the Platform, for statistical purposes, in particular for assessment of interest in the inserted Contents, including services, as well as for the purposes of Platform improvement. In case when the User uses the services by means of portable devices, the Service Provider may obtain in particular the identification data of the portable device, of the Internet service operator and of the subscriber. The data collected in this way shall be processed anonymously and shall be used solely for statistical purposes or for the purposes of ensuring of correct use of the Platform.
8.12. Termination of Use of Services
After termination of the use of the service by the User, the Service Provider shall not process the personal data of the User, with exception of the data:
relating to the settlement;
relating to the purposes of advertising, market research and examination of the behaviour and preferences of the Users, which designation of the results thereof for improvement of the quality of the provided services;
relating to explanation of the circumstances of the use of the Platform or of the services offered within the Platform being incompliant with the Regulations or with the law;
that is permitted for processing under separate legal provisions or agreement.
8.13. User Rights
The User may enforce his rights on the basis of a request at the e-mail address [*]. The Service Provider will process the request as soon as possible, but no later than within one (1) month. The Service Provider is entitled to extend the deadline by up to two (2) months, if necessary and with regard to the complexity and number of applications. The Service Provider will inform the User about the extension.
§ 9. Cookies Policy
9.1. Types of Cookies
The Service Provider may use the following types of cookies in the Platform:
- temporary cookies which are deleted after leaving of the website or closing of the web browser;
- permanent cookies which are stored in the end device of the User for indefinite time or to the moment when the User deletes them by themselves;
- statistical cookies allowing for tracking of traffic in the Platform;
- functional cookies allowing for tailoring of the website for the User;
- advertising cookies allowing for provision of the User with the Contents which are adjusted to their personal preferences;
- necessary cookies and security cookies relating to observance of the security principles within Platform functioning as well as of the authentication principles.
9.2. Purposes of use
- optimisation and improvement of efficiency and quality of the provided services;
- correct configuration of the functions offered in the Platform;
- tailoring of the displayed Contents and advertisements to the visitors of the Platform;
- maintenance of the User session in the Platform (after logging in), thanks to which the User does not have to re-enter the Login and Password on every sub-site;
- ensuring of security and reliability of the Platform;
- collection and use of the general data as well as of the publicly visible statistical data via analytic tools.
In order to ensure the top quality, cookies shall be analysed to determine which sub-sites are visited the most often, what web browsers are used by the visitors and whether the site structure does not contain any errors.
9.4. Cooperation with Entities
Cookies inserted in the end device of the Platform User may be used also by other entities affecting the quality of the offered services. The User may change the settings relating to cookies by themselves and at any time, determining the terms & conditions of their storage and of obtaining access thereto in the device of the User. The User may change the settings determined in the preceding sentence by means of web browser settings or by means of service configuration. These settings may be changed in such a way as to block automatic support of cookies in the settings of the web browser or as to inform on insertion of a cookie in the device of the User each time.
9.5. User Rights
The User may delete cookies at any time, using the available functions in the used web browser. Restriction or blocking of cookies by the web browser used by the User shall not result in the impossibility to participate in the Platform but it may cause difficulties or irregularities in its functioning, which the Service Provider shall not be liable for. It is recommended to use the software with enabled cookies. If the User visits the Platform and the settings of his browser allow the storage of cookies on his terminal device, the Service Provider considers such settings to be consent to the processing of personal data and the storage of cookies. If the User does not want cookies to be stored on his device, he can disable this function on his device.
§ 10. Information on Additional Services
10.1. System Functioning
The Service Provider shall ensure functioning of the ICT System used by it in such a way that every User may terminate their use of the electronic services free of charge at any time.
10.2. Cryptographic Techniques
The Service Provider shall ensure functioning of the ICT System used by it in a way preventing access of non-authorised persons to the content of the message making up the electronic services, in particular with the use of cryptographic techniques.
10.3. Relevant Entity
The Service Provider shall ensure unambiguous identification of the parties of the electronic service as well as shall exercise due diligence in order to assure the User about the relevant entity offering the product or service inserted in the Platform.
10.4. Technical Risk
The Service Provider reserves that the use of electronic services may be connected with technical risk being typical for the use of IT systems. Due to existence of the Partner Programme, the Users should protect their electronic connections and devices against non-authorised access, including in particular install anti-virus software.
10.5. Software Function and Purpose
10.6. Minimum Technical Requirements
10.7. Problem Diagnosing
The Service Provider reserves the right to interfere with the technical structure of the User Account in order to diagnose irregularities in the functioning of the services as well as may make changes of and affect the technical site of the User Account in any other way for the purposes of its modification or reinstatement of correct operation of the User Account itself or of the Platform.
§ 11. Final Provisions
11.1. Amendment of the Regulations
The Service Provider shall have the right to amend the Regulations without determination of the reason. The Service Provider shall inform on the amendments in a visible place on the website or via an e-mail to the Users or directly within a message available in the User Account (in User panel). If the User does not agree to the amendment of the Regulations, they shall have the right to delete their Account.
11.2. Addition and Information
Lack of legal bases or incompleteness of any of the clauses contained in the Regulations shall not mean that the entire Agreement shall become legally invalid. These provisions shall be replaced with the ones reflecting its sense and the purpose of the previous provisions to the greatest extent possible.
11.3. Disputes (Law and Court Selection Clause)
These provisions, as well as any possible disputes between the Service Provider and the User, will be subject to the statutory provisions according to the registered office in Hong Kong of the Service Provider or the relevant country in which the Service Provider has its registered office, unless this is inadmissible under local law due to the fact that the User has consumer status. Before filing a suit, the parties shall contact each other for the amicable out-of-court settlement of the dispute. If the dispute is not resolved within 45 days of the first contact within the meaning of the previous sentence, the procedure under the first sentence of this Article shall apply.
11.4. Transformations and Assignments
The Users consent to transformations, legal changes and transfer of the rights from the Service Provider to another entity. In particular, the Users accept that the Service Provider may be changed to another country, including through establishment of a completely new company. Transfers of the rights from the side of the User shall be forbidden unless the User expresses their written or e-mail consent thereto.
11.5. Suspension and Termination of Service Provision
The Service Provider shall have the right to discontinue or limit provision of the services on a temporary or permanent basis, without a prior notice to the Users on this fact. In particular, the Service Provider shall be entitled to conduct maintenance works aimed at reinstatement of security and stability of the ICT System. The User shall not be entitled to any claim in connection with a break in or discontinuation of provision of the services by the Service Provider.