1.1. These terms and conditions (hereinafter – Terms and Conditions) as well as the documents referred herein, stipulate the terms and conditions as well as procedures, under which GIFT QUEST OÜ, UAB (hereinafter – GIFQ) undertakes for remuneration to conclude upon mandate of another party (hereinafter – Client) one or several transactions on purchasing of various digital gift cards (hereinafter – Gift Card Purchase Transactions) in name of GIFQ but at the expense of the Client.

1.2. Exemplary list of digital gift cards that GIFQ may purchase for the Client is provided on the Website (as defined hereinafter).

1.3. By placing an order (mandate) to the GIFQ to conclude a Gift Card Purchase Transaction Client obligates to be bind by these Terms and Conditions. After acceptance of the Client's order (mandate) to conclude Gift Card Purchase Transaction by GIFQ the Terms and Conditions together with the documents referred herein form inseparable part of the appropriate contract between the Client and the GIFQ.

1.4. Terms and conditions issued by the Client do not apply to the contractual relationship between GIFQ and the Client related to contracts of commission.

1.5. The Terms and Conditions are standard, that is, prepared by GIFQ in advance for general multiple use, not harmonised with another party, and incontestably applicable to legal relations between Clients and GIFQ unless the certain contract clearly stipulates otherwise.

1.6. Current version of these Terms and Conditions are available on the Website.

2.1. The following capitalized definitions when used in these Terms and Conditions shall have the following meanings:

1) API (application programming interface) means an application programme interface which operates as a web service managed by GIFQ that enables access to and use of the relevant functions of software constituting the Platform (as defined below) through the Client's software.

2) Client means a party to the Contract of Commission which provides mandate to the GIFQ for conclusion of a Gift Card Purchase Transaction on acquisition of one or more specific digital gift cards.

3) Contract of Commission means the agreement of commission concluded between a Client and the GIFQ on conclusion of Gift Card Purchase Transaction.

4) Gift Card means a virtual gift card, represented by a unique code/identifier, entitling the holder of it to obtain goods and/or services in a particular amount or value from an issuer of appropriate Gift Card.

5) Gift Card Purchase Transaction means a contract concluded by GIFQ in performance of a Contract of Commission (upon mandate of Client). Gift Card Purchase Transactions are concluded on the name of GIFQ but at the expense of the Client.

6) GIFQ is GIFT QUEST OÜ the private limited liability company incorporated under the laws of the Republic of Estonia with its place of business at Harju maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 67/1-13b, 10115, registry code 17212226.

7) Intellectual Property Rights include all present and future copyright, all proprietary rights in relation to inventions (including patents), registered and unregistered trademarks, confidential information (including trade secrets and know how) registered designs, circuit layouts, and all other proprietary rights resulting from intellectual activity of the industrial, scientific, literary or artistic fields whether registered or not and whether capable of registration or not.

8) Order means Client's offer to conclude Contract of Commission with GIFQ.

9) Platform means GIFQ's internet platform where Clients may submit their Orders. The Platform is accessible through the Website.

10) Redeem Page means the site on the internet where Clients may access, review details of and utilize the purchased Gift Cards. Some verification may be needed in order to access the Redeem Page through the access link dependant on certain circumstances (period of time that has passed since the access link was generated, etc.).

11) Website means the GIFQ's website www.gifq.com including all its sub-domains.

2.2. Where required by the context, the definitions used in the singular form in the Terms and Conditions shall be deemed to include their plural form and vice versa.

3.1. By accepting these Terms and Conditions, Client:

1) Confirms that they are eligible to purchase Gift Cards through GIFQ by complying with criteria listed.

2) Confirms that they have read, understood and agree with these Terms and Conditions.

3) Commits to be bound by these Terms and Conditions.

4) Confirms that they purchase Gift Cards not for consumption purposes, i. e. a purchase of Gift Cards through the GIFQ is for needs that are related to business or profession of the Client.

5) Agrees and acknowledges that any and all actions (transactions) performed by them while purchasing a Gift Card through GIFQ and related to the conclusion and implementation of the Contract of Commission shall be valid and causing the same legal effects as the actions (transactions) formalized by a paper document signed by Client.

6) Agrees and acknowledges that they are purchasing a Gift Card through GIFQ for Client's internal business use (including for the purposes as a gift to a third person) and Client will not resell it or otherwise engage in commercial activity for offering/trading of obtained Gift Card to third parties.

7) Confirms their understanding that GIFQ is neither seller nor reseller of any Gift Card and does not exchange, redeem, refund or otherwise take back Gift Cards purchased through it.

8) Understands that they are solely responsible for determining the suitability, risks and appropriateness of Gift Cards.

9) Confirms that source of funds used by them to purchase a Gift Card are owned by the Client and are derived from legitimate sources.

10) Confirms that GIFQ has not advised them, nor individually recommended to them to purchase a Gift Card, excluding any advertisement of possibility to purchase Gift Cards through GIFQ.

11) Confirms their understanding that legal requirements vary worldwide, and it is Client's responsibility to make sure that they comply with any and all local regulations, directives, restrictions and laws in appropriate place of residence before purchasing any Gift Cards through GIFQ.

12) Confirms that their purchase of any Gift Cards through GIFQ does not violate any applicable laws or regulations of any jurisdiction that applies to the Client.

13) Confirms their understanding and consent that they will lose the right to withdraw from the Contract of Commission after GIFQ has fully executed it.

3.2. By accepting these Terms and Conditions, Client represents and warrants that all of the above is true and accurate on the day of acceptance of these Terms and Conditions and fulfilment of Contract of Commission.

3.3. GIFQ does not warrant that purchased Gift Cards will be free from defects, continuously available or error free, or that defects will be corrected in a timely manner or at all. Consequently, Client agrees and accepts that all Gift Cards and all related information are provided on an "as is" and "as available" basis without warranty of any kind, express or implied.

3.4. GIFQ does not warrant that the Gift Cards purchased through GIFQ, including those provided in the exemplary list on the Website, will meet Client's requirements (e. g. Client will be able to get desirable goods and/or services for Gift Cards purchased through GIFQ). Any relations regarding use/withdrawal/redemption of Gift Cards purchased through GIFQ are exclusively between Client and the relevant issuer of the Gift Card as well as all complaints regarding use/withdrawal/redemption of Gift Cards purchased through GIFQ shall be directed exclusively to the relevant issuer only.

3.5. GIFQ does not exchange, redeem, refund or otherwise take back Gift Cards purchased through it.

3.6. To the fullest extent permissible by law, GIFQ makes no representations, warranties or conditions of any kind, express or implied, with respect to Gift Cards or any purchases made with Gift Cards, including without limitation, any express or implied warranty of fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance.

4.1. Client wishing to obtain a certain Gift Card through the GIFQ by concluding a Contract of Commission must:

1) Submit a relevant form of Order through the Platform using API; and

2) make an advance payment to GIFQ in accordance with the terms provided below.

4.2. When placing an Order Client must select and notify the region where the Gift Card will be used. Other information to be provided in the Order is specified on the Website.

4.3. By placing an Order on the Platform Client accepts and agrees to fully comply with these Terms and Conditions. Any deviations or supplements to these Terms and Conditions shall only apply if they have been expressly accepted by the GIFQ in writing.

4.4. Upon receipt of the Order and payment indicated in the Clause 4.1 of these Terms and Conditions GIFQ will promptly check if the Order can be fulfilled (whether GIFQ can fulfil the Order on conditions provided for therein or whether there are no other obstacles for fulfilment of the Order). The Client will be informed about the confirmation of their Order (and conclusion of Contract of Commission) by changing status of the Order on the Platform to "confirmed" and sending them corresponding notification to their email address. GIFQ shall exercise its own discretion in accepting or rejecting an Order.

4.5. GIFQ, unable to fulfil the Order on terms and conditions provided forth therein, may offer the Client its own terms and conditions. In the latter case the Contract of Commission will be deemed concluded upon Client's confirmation of acceptance of the GIFQ's terms and conditions. The Parties acknowledge that after the conclusion of the Contract of Commission the composition of Gift Cards to be purchased may not be changed without the written agreement of both Parties.

4.6. Upon conclusion of the Contract of Commission in accordance with the procedure provided for in the Clause 4.4 of these Terms and Conditions, an access link to the Redeem Page of the Gift Card purchased will be sent to the Client's email address. Once the access link to the Redeem Page of the Gift Card purchased is sent to their email address, the Client cannot denounce a respective Contract of Commission as it is considered concluded and executed.

4.7. In case of overpayment of ordered Gift Card, the overpaid amount (in excess of the requested amount), upon Client's request, may be refunded to them by the third parties, after deduction of the applicable fees and other costs.

4.8. GIFQ reserves the right to determine minimum and/or maximum values of Gift Cards that can be purchased through GIFQ, by indicating such restrictions on the Website. GIFQ shall also reserve the right to determine the minimum amount that can be refunded under the clause 4.7 above. If the amount requested is lower than the minimum refundable amount, GIFQ shall have the right to not issue a refund.

4.9. Orders confirmed by GIFQ are stored on the Platform and are accessible for the Client for at least the duration of the Contract of Commission. The Client also may download or print their Orders at any time.

4.10. GIFQ assumes no liability for the theft, misuse, or loss of Gift Cards after delivery hereof, unless GIFQ's gross negligence or wilful misconduct will be established. The Client must comply with any separate terms issued by the provider of certain Gift Card.

4.11. The Parties acknowledge that rights and duties in respect of the Gift Card Purchase Transaction concluded by GIFQ with a third person shall fall on GIFQ, even though the Client was also named to the third person or entered into direct relations with that third person.

4.12. GIFQ shall issue the Client with API access credentials comprising an API key which enables the Client to obtain access to the API and the Platform. Client undertakes to keep the API key secure and to refrain from sharing it with any third party and from accessing the API and the Platform other than by use of the API key issued by GIFQ to the Client.

5.1. GIFQ shall start execution of Contract of Commission immediately after conclusion of it. The amount of time required to purchase and transfer a Gift Card and any refunds referred to in clause 4.7 above depend on various factors, including the performance of third parties. GIFQ makes no guarantee as to when a purchased Gift Card and any refunds will become available to the Client.

5.2. GIFQ shall use its best efforts to perform the commission mandate assumed by the Contract of Commission on the conditions most advantageous to the Client in accordance with provisions of the Contract of Commission and without undue delay. Client acknowledges their understanding that prices of Gift Cards may change at any time, and GIFQ in no event provides price protection or refunds in the event of price reduction after conclusion of appropriate Gift Card Purchase Transaction.

5.3. GIFQ shall not be liable towards Client for the failure of a third person to perform a Gift Card Purchase Transaction. All risks related to usage of a Gift Card will be Client's sole responsibility. Any relations regarding use/withdrawal/redemption of Gift Cards purchased through GIFQ are between Client and the issuer of the Gift Card as well as all complaints regarding use/withdrawal/redemption of Gift Cards purchased through GIFQ shall be directed to the issuer of that Gift Card only.

5.4. In the event of failure of a third person to perform a Gift Card Purchase Transaction GIFQ is obligated to immediately inform the Client thereof and provide them with the information at his disposal related to the conclusion and execution of that Gift Card Purchase Transaction and assign appropriate right of claim to the Client.

5.5. GIFQ reserves the right for the purpose of performing of the Contract of Commission, to conclude a contract of sub-commission with another person, remaining liable towards the Client for the actions of the sub-commission GIFQ.

5.6. GIFQ shall have the right to deviate from the instructions of the Client regardless of possibility to acquire the approval of the Client. If GIFQ has purchased a digital Gift Card at a higher price than agreed with the Client, the Client shall be obliged to immediately notify GIFQ about their refuse to accept such purchase. Otherwise, it shall be deemed that the Client has accepted the performance of the Contract of Commission.

5.7. Gift Cards purchased by GIFQ at the expense of the Client shall be the ownership of the Client from the moment of the execution of relevant purchase agreement. However, GIFQ shall have the right of retention in respect of the Gift Cards and which are subject to transfer to the Client if the Client fails to perform their obligations in respect of GIFQ.

5.8. GIFQ shall act as an independent contractor. GIFQ's employees, subcontractors and any other persons acting on behalf of GIFQ in the performance of the Contracts of Commission shall not act as employees of the Client. Client is advised and encouraged to provide GIFQ with instructions what GIFQ should do in a case if it was unable to purchase Gift Card on Client's terms and conditions, however Client shall not at all times interfere with methods and ways of performance of the Contracts of Commission.

5.9. The Client is entitled to provide their e-mail address or an e-mail address of a recipient of a gift, to which the access link to the Redeem Page should be sent. The Client is strongly advised to be attentive when providing relevant e-mail address to GIFQ as the latter shall not check whether e-mail address is correct and valid. All risks related to and consequences of incorrect information provided by Client is assumed solely by the Client.

5.10. The Client shall be obliged to accept from GIFQ everything received under the commission and relieve GIFQ from the commitments assumed by him to a third person in the performance of the Contract of Commission.

5.11. Client shall pay to GIFQ for the commission in accordance with the Contract of Commission.

5.12. Client shall not use the Contract of Commission and/or Gift Cards purchased through the Contracts of Commission for purposes and/or activities that may harm GIFQ's brand and image, or for morally or ethically dubious purposes, or purposes which might violate applicable laws and regulations.

5.13. Client shall respect Intellectual Property Rights of GIFQ and/or third parties including issuers of the obtained Gift Cards.

5.14. The Client acknowledges their understanding that they are solely responsible for keeping Gift Cards, codes, passwords and related online access credentials secure. The Client further agrees to regularly rotate any access keys to minimize security risks.

5.15. The Client undertakes to use the API in its object code form for the sole purpose of accessing the Platform. The Client in any event shall refrain from repackaging, reselling or otherwise sublicensing the API or any part thereof or any associated data as well as from using the API or any associated data in any manner that actually or potentially undermines the security of the API, the associated data or any other data or information stored or transmitted via the API.

5.16. Client is entitled to receive reports on fulfilment of the Contract of Commission, to receive and use results of the commission.

6.1. Unless expressly stated otherwise in a specific Contract of Commission, Gift Cards will be purchased on the following terms and conditions that are common practise and/or agreed between GIFQ and their respective issuers:

1) Expiration Date. Gift Cards are valid for a period of one (1) year from the date of purchase of the Gift Card ("Validity Period").

2) Activation. Gift Cards are activated and ready to use immediately upon purchase or them.

3) Expiration. Each Gift Card will expire automatically at the end of the Validity Period. Upon expiration, any remaining balance on the Gift Card will be forfeited and cannot be redeemed, refunded, or credited.

4) Non-Extendable. The Validity Period is non-extendable. Issuers of Gift Card are not obligated to extend the expiration date of any Gift Card under any circumstances.

5) Non-Refundable. Gift Cards, once purchased, are non-refundable and cannot be exchanged for cash in part or full. This condition applies irrespective of the Gift Card's remaining balance.

6) Responsibility. It is the Client's and/or holder's of a Gift Card responsibility to be aware of the Gift Card's expiration date. Issuers of Gift Cards are not obligated to provide reminders or notifications regarding the impending expiration of Gift Cards. It is advised that all Gift Card holders use their Gift Cards in full prior to the expiration date to maximize the value of their purchase.

6.2. It is strictly prohibited to use any of Gift Cards purchased through GIFQ for any of the following:

1) Other than for Client's internal business (Client may purchase Gift Cards through GIFQ as a gift to employees, contractors, customers, clients and other related persons). Client shall not purchase Gift Cards through GIFQ for the purpose of distribution, resale or other transfer for direct commercial gain.

2) To conduct or engage in any illegal, fraudulent, malicious or otherwise unlawful activity.

3) To hide or disguise the proceeds of any illegal or unlawful activity.

4) To conduct or engage in activity in a way that GIFQ reasonably believes might harm its ability to provide services, including those under Contracts of Commission.

5) To engage in any other use or activity that breaches these Terms and Conditions or is not in conformity with sustainable activities of GIFQ, ensuring human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by GIFQ.

6.3. Certain issuers of Gift Cards may apply specific provisions in relation to usage of their Gift Card. Clients are encouraged to check this information usually available on the websites of issuers.

6.4. By ordering a Gift Card and/or using a Gift Card purchased through GIFQ, Client acknowledges and agrees to the terms set forth above regarding the Validity Period and other conditions of use.

6.5. GIFQ reserves the right, without any prior notice or explanation, to refuse any person from concluding and/or execution of a Contract of Commission if GIFQ has a reasonable doubt that the activity being carried out by that person is in violation of any of the prohibitions specified in this section.

7.1. The relationship between GIFQ and Client is of a prepaid nature – the Client will be entitled to enter with GIFQ into a Contract of Commission and to order a purchase of one or more Digital Cards provided that sufficient amount of funds is available in Client's balance with GIFQ.

7.2. Prepayment funds must be deposited by Client in a currency nominated by GIFQ. GIFQ endeavours to credit the Client's balance (hereinafter - "Balance") within one business day of a valid deposit.

7.3. In an event of termination of a Contract of Commission without fulfilment hereof, GIFQ shall return an amount equivalent to the value of any remaining Client's Balance within sixty (60) business days.

7.4. GIFQ is entitled to convert on its one discretion the Client's Balance from one currency to another at an exchange rate GIFQ provides to the Client.

7.5. GIFQ reserves the right to cease processing any transaction for the Client if their balance is not sufficient to cover all fees and payments related to that transaction. In this event, GIFQ shall inform the Client to provide the Client the opportunity to replenish the funds by paying to GIFQ's account in accordance with terms of this Clause.

7.6. Remuneration for the commission shall be deducted from the sums paid by the Client for a Gift Card immediately after completion of the relevant Contract of Commission.

7.7. GIFQ reserves the right to alter terms of payment in its sole discretion, an increase in the required balance.

7.8. Client acknowledges theirs understanding that certain transactions may fall under payment services or e-money regulations. The Client agrees to comply with all applicable laws, and GIFQ may impose extra measures if needed to satisfy regulatory requirements.

7.9. Client is solely responsible for the payment of all taxes, assessments, tariffs, duties or other fees imposed, assessed or collected by or under the authority of any governmental body (collectively, "Taxes") arising from the purchase or delivery of Gift Cards through the GIFQ.

7.10. All prices shown in the Portal or API are real time applicable prices. Prices are always exclusive of VAT.

7.11. GIFQ may apply discounts (positive or negative) to certain Gift Cards. The final order price is calculated by applying the discount to the product's face value, which GIFQ displays on request.

7.12. Relevant invoices for the amounts of commission shall be accessible for the Client through the relevant access link sent to the Client to their e-mail address.

7.13. Client agrees that if action is taken to enforce monies due under this agreement, GIFQ shall be entitled to receive all costs of collection including all court costs and legal and attorney's fees.

8.1. GIFQ seeks to comply with all relevant laws and regulations.

8.2. In addition, by using GIFQ's services, Client may be asked to provide additional information and/or documents that enable GIFQ to verify Client's identity. From time to time, GIFQ will perform additional reviews of transactions, that are required due to banking partners' additional due diligence. GIFQ will provide prompt notice to a Client if additional action from their side is needed. In order to use GIFQ's services, Client agrees to cooperate with GIFQ's information requests for such additional information when additional documentation is required. If a Client fails to provide the required information, GIFQ may be unable to complete transaction. GIFQ will not be liable to take any responsibility for such a transaction failing.

8.3. GIFQ shall have the right to verify information provided by a Client using reliable and independent sources of information and other lawful methods.

8.4. GIFQ shall perform monitoring of Clients' purchases of Gift Cards through GIFQ and in a case of suspicious and/or unusual purchases, shall have the right to reject them. In that case, GIFQ will not be liable to Client for any default on any obligations and/or for any damages or losses sustained by them.

9.1. It is a Client's sole responsibility to keep the unique codes/identifiers constituting the Gift Card purchased by them safe. If Client pass on the unique codes/identifiers constituting the Gift Card to any third party, lose them or such information becomes otherwise accessible to any third party, the Client is fully responsible for any possible adverse consequences. GIFQ assumes no responsibility for Client's loose, destruction and/or unlawful usage of their Gift Cards.

9.2. There are a variety of Gift Card scams that request payment by Gift Card. GIFQ is not responsible for, and assume no liability to a Client for any unlawful conduct or fraud by any third party associated with any Gift Card.

9.3. More tips and recommendations on security issues can be found on GIFQ's and/or respective issuer of Gift Cards websites.

10.1. GIFQ reserves the right to exercise its discretion at any time to develop, improve, and otherwise modify Website and/or the applications comprising GIFQ's systems or other programs related to purchasing Gift Cards through it, the functions and functionality of Website and/or systems, including, but not limited to: quantity of functions (by both increasing and decreasing it), their scope (by both increasing and decreasing it), procedure for use of the functions, scope of data required for Client's identification and identification procedures etc. If needed and possible, at its discretion GIFQ will publish information about the changes indicated in this clause on the Website. GIFQ assumes no responsibility for any losses and inconveniences to a Client and/or any third parties, which may be sustained as a result of exercising GIFQ's right indicated in this clause, or GIFQ is released from such responsibility.

10.2. GIFQ has a professional support team for technical service questions available from 10:00 to 17:00 on business days. GIFQ shall only provide support to Client's employees. The Support Team is available via support@gifq.com.

11.1. GIFQ does not assume any obligations and/or responsibilities regarding any third party's intellectual property related to Gift Cards.

11.2. A Client acknowledges and agrees that the purchase of a Gift Card through GIFQ may provide the Client with access to various documents, processes, software and other technologies and materials, to which GIFQ and/or one or more third parties related with GIFQ will hold all intellectual property rights, including (a) copyrights, rights affording protection similar to copyright, rights in databases, patents and rights in inventions, trademarks, rights in internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and other rights in Confidential Information, including under marketing legislation; (b) all other rights having equivalent or similar effect in any country or jurisdiction in the world (collectively "Intellectual Property Rights").

11.3. All copyrights, trademarks, patents, trade secrets and other Intellectual Property Rights relating to the purchase of any Gift Card, including API, systems, platforms, software and documentation provided by GIFQ to a Client are the property of GIFQ and/or the third party which granted GIFQ the right to provide/supply them, shall remain at all times the sole and exclusive property of GIFQ or the relevant third party, and Client will have no right or interest in them except for the right to access and use them in order to purchase a Gift Card through GIFQ under these Terms and Conditions.

12.1. GIFQ represents that the servers that maintain personal data obtained from Client, or on its behalf, are owned and managed by GIFQ and will remain in the jurisdiction, and within the geographical limits of the European Union. GIFQ further represents that personal data shall not be hosted, stored, or transferred outside of the European Union.

13.1. It is Client's own responsibility for paying any taxes applicable to Client in relation to purchasing of a Gift Card through GIFQ.

13.2. GIFQ makes no representations in relation to tax liabilities, assume no tax liability for any Gift Card purchaser, assume no responsibility for the tax liability of any Gift Card purchaser, not for collecting, reporting, withholding or remitting any taxes arising from any Gift Card purchases.

13.3. In case GIFQ is obliged under applicable law or voluntarily decides to report to any competent authorities any information that is related with a Client's tax obligations, the Client undertakes to provide GIFQ with the requested documents, data and information.

14.1. Client acknowledges and agrees that GIFQ may include the Client's name, trademarks (upon mutual agreement of a trademark licence) and a description of the services provided to the Client by GIFQ, in case study marketing content, lists of or references to any of GIFQ's clients on its website and/or in proposals, and in other marketing materials.

15.1. To the extent permitted by law, GIFQ excludes all liability and responsibility for any losses, damages, costs or expenses, whether in tort (including negligence), contract, warranty, product liability or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which a Client or any other person may suffer or incur in connection with the Gift Card purchased through GIFQ, the use/withdrawal/redemption or inability to use/withdraw/redeem of a Gift Card purchased through GIFQ, or otherwise.

15.2. Where and to the extent liability for breach or any implied warranty or condition, or otherwise, cannot be excluded, GIFQ's liability to a Client is limited to the price of the Gift Card (giving rise to the claim for liability) Client paid through GIFQ. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

15.3. GIFQ takes no responsibility for and will not be liable for any financial loss arising from the use/withdrawal/redemption or inability to use/withdraw/redeem of a Gift Card purchased through GIFQ, including, but not limited to, inability to use/withdraw/redeem of a Gift Card due to insolvency or cessation of activities or any issues with the systems of a respective issuer, systems hacks, servers failures or data loss, security of unique codes/identifiers constituting the Gift Card purchased by Client, unauthorized access to, or alteration, theft or destruction of the Gift Card, corrupted files or data, incorrectly constructed transactions or otherwise.

15.4. GIFQ takes no responsibility for and will not be liable for any non-compliance with Gift Cards' quality or quantity requirements laid down in these Terms and Conditions or provided otherwise e. g. on GIFQ's Website, if such non-compliance is caused due to non-performance or improper performance of any obligations of any third parties engaged by GIFQ for the conclusion and/or fulfilment of Contracts of Commission.

15.5. GIFQ does not provide any financial or legal advice in connection with the Gift Cards. GIFQ may provide information on the Gift Cards' price, use, etc., but it should not be considered as financial or legal advice and should not be construed as such. Any decision relating to Gift Cards' purchase is Client's decision and GIFQ will not be liable for any loss suffered in relation thereto.

15.6. Without any limitation of other terms in these Terms, Client acknowledges that GIFQ bears no liability for any damage, loss (including loss of profit), delay or failure to sell, process or deliver unique codes/identifiers constituting the Gift Card purchased by Client, inconvenience in delivery of Gift Cards purchased, in each case caused by or resulting from (directly or indirectly):

1) any computer virus, spyware, scareware, Trojan horse, worms or other malware or cyber, phishing or spoofing attack that may affect your computer or other device.

2) any "hard fork", "soft fork", or other change in the operating rules of an underlying virtual asset network.

3) any rejection of a Gift Card order permitted under these Terms and Conditions.

4) any other cause or condition beyond our reasonable control and/or depending on third parties.

15.7. Client agrees to indemnify, release and hold harmless GIFQ, its affiliates and any company under common ownership or control with GIFQ or its affiliates as well as the officers, directors, GIFQs, representatives and employees of the foregoing, from any claim, liability, loss, expense or demand, including legal fees, related to a Gift Card purchased by Client through GIFQ.

16.1. GIFQ reserves the right to amend in its own discretion at any time these Terms and Conditions by publishing an updated text of the Conditions on the Platform.

17.1. Should any provision of these Terms and Conditions appear to be in conflict with mandatory law and therefore null and void, this shall not make all the Terms and Conditions or the Contracts of Commission concluded on the basis thereof null and void. In such a case GIFQ shall undertake to replace the null and void provision of the Terms and Conditions with economically and legally nearest its equivalent.

18.1. Waiver. Any failure or delay by any Party in exercising any right or remedy in one or many instances shall not prohibit a Party from exercising it at a later time or from exercising any other right or remedy.

18.2. Effect. All provisions of Contract of Commission which by their nature shall be intended to continue shall survive termination, including terms relating intellectual property restrictions and reimbursement of damages.

18.3. Accrued rights. Termination of Contract of Commission shall not affect accrued rights and obligations of GIFQ and Client except unless such rights were accrued unlawfully.

18.4. Force Majeure. Neither party shall have any liability for any loss or damages caused by any of the following force majeure conditions; fire, floods, explosions, strikes, embargoes, power blackout, earthquake, volcanic actions, wars, water, the elements, labour disputes, riots, thefts, acts of God, acts of government, acts or omissions of any carrier, failure of public utilities, or any other cause beyond the reasonable control of a party.

18.5. Governing Law. These Terms and Conditions have been prepared with reference to the law of the Republic of Estonia. The Contracts of Commission and other agreements concluded on the basis of these Terms and Conditions and the legal relations resulting from or in relation to them shall be governed by the law of the Republic of Estonia.

18.6. Dispute Resolution. Any legal disputes arising from or in relation to the agreements concluded based on these Terms and Conditions shall be handled at a court of the Republic of Estonia according to the seat of GIFQ.

18.7. Notices. Any notice required under these Terms and Conditions to be given by a Party shall be given in writing, in the English language, and shall be sent by e-mail, addressed to the other Party as indicated in respective.