TERMS AND CONDITIONS OF USE OF THE BEST VOUCHERS PLATFORM
The following terms and conditions govern the usage of this The Best Vouchers Platform. Users should read these Terms and Conditions thoroughly and make sure they understand them before using the Platform. Please note that by using The Best Vouchers Website, the User agrees to be bound by these Terms and Conditions. If the User do not accept these Terms and Conditions, he will not be able to use the Platform and should leave the Website immediately. If the User continues to use the Website, it will be taken as an acceptance of these Terms and Conditions. In case of any queries regarding the Terms and Conditions, the User is encouraged to contact us.
Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions, where it was defined. Whenever used in these Terms and Conditions, the following terms shall have the following meaning:
For the purpose of these Terms and Conditions, the definitions provided below shall assume the following meaning:
- Arbis LTD – a limited liability company registered in the RMI under the number 100285, address: Level 17, World Trade Centre, Hamdan Street, Abu Dhabi, United Arab Emirates owner of the The Best Vouchers brand and of the Platform.
- The Best Vouchers – The Best Vouchers – brand of this Platform working on behalf and for the benefit of the Merchant, under which, depending on the category of an Order, dedicated Platform Operator issues Vouchers, with which it places orders for Products on behalf of the Merchant and for the benefit of the User.
- Account – virtual records on the Platform which allow for the identification, tracking and management of the User Voucher Balance;
- Advertisement – any kind of promotional or advertising material that is published or otherwise displayed on the Platform;
- Content – any information and/or materials which can be published by the Administrator on Merchant’s behalf and/or by User by means of the Website and/or downloaded from the Website;
- Merchant – entities presenting their products and services via the Platform from which Vouchers may be purchased in accordance with these Terms and Conditions. Their details may be found on the Platform in the section 'Contact';
- Microsite – an auxiliary site supplementary to the Website, including mobile applications, electronic communications services, social networking sites, or any individual, business partner-specific, merchant-specific, or other area-specific websites that link to or reference these Terms and Conditions or the Platform itself;
- Order – an offer made to the Merchant by a User via the Platform to purchase the Voucher;
- Payment Operator – The Best Vouchers or a third-party company providing payment services that allow businesses to accept payments i.e. electronic payments such as credit cards and debit cards.
- Platform – software dedicated for entities operating in the sector of live educational services and used to manage the Account, make Purchases and to exchange Vouchers for Products;
- Platform Operator – the entities operating the Platform for the Merchant and/or Service Provider, authorized to accept Orders on Merchant's behalf; different categories of Orders may be processed by different entities operating the Platform.
- Product – a live stream webinar offered by a particular Service Provider described on the Platform, which can be obtained in exchange for a Voucher subject to the Terms and Conditions;
- Purchase – the purchase of a Voucher from the Website after a User makes an Order;
- Refund – a refund of the Voucher purchase price in accordance to the Terms and Conditions;
- Registration – creation of an Account on the Platform by the User, made after the Purchase of the first Voucher;
- Service Provider – third-party providers accepting Vouchers for their products and services through the Platform in accordance with the Terms and Conditions;
- Terms and Conditions – the entirety of these Terms and Conditions of use of the Platform;
- User – any natural person accessing or using the Website, including any person who has made a Purchase;
- Voucher – an instrument in an electronic form which is sold by the Merchant and which, in accordance to the Terms and Conditions, entitles the User to redeem it within a limited network of Service Providers in exchange for the Products offered by them. An electronic Voucher may be represented by a physical document;
- Voucher Balance – the amount of unused Vouchers purchased from the Merchant and assigned to a specified User, represented by a balance on the Account;
- Voucher Gift – free-of-charge services and/or goods which can be added to any and/or every purchased Voucher, regardless of the value of the Voucher. Voucher Gifts have no commercial value and cannot be purchased separately. No information presented on the Website shall ever be considered as an offer to purchase a Voucher Gift; the information provided should never be construed as an offer within the meaning of applicable law;
- Website – this website which hosts the Platform, offers placing the Orders (including every Microsite);
- Website Administrator – the entity responsible for the accurate functioning of the Website.
- Vouchers may be purchased only by individual, adult Users.
- All commercial information, price lists and Advertisements on this Website are merely an invitation for Users to make offers and conclude Purchase agreements. No information presented on this Website, regardless of its name, should be construed as an offer within the meaning of applicable law.
- The User, who places an Order must be at least 18 years old and have full legal capacity or hold a consent from his or her legal guardian, in accordance with the statutory laws applicable in the current location of the User.
- The Merchant expressly reserves the right to reject any offer and/or refuse to accept an Order without providing any reason. In addition, even if the Merchant has initially accepted the User's offer, the Merchant can cancel the transaction at any time in case of a reasonable suspicion about the User’s fraudulent behavior against the Merchant or/and the Platform Operator.
- The Merchant reserves the right to cancel an Order if he considers the User's behavior suspicious or potentially fraudulent. The use of the Website by re-sellers is strictly forbidden, and the Merchant reserves the right to cancel Orders which are deemed to display re-seller behavior.
- Before the Purchase the User will be provided with information whether the purchased Voucher will include a Voucher Gift and its description. The information is presented on the Website.
- The Merchant reserves the right to at any time introduce changes to the specifications of Voucher Gifts. In particular, without limitation, the type and number of Voucher Gifts available may change, and the User expressly acknowledges and accepts this.
- Purchases are made and/or Voucher Gifts are granted strictly for personal use.
- The User undertakes not to provide any false data including false names, addresses and/or contact or payment details, or engage in any unlawful activity in connection with the Purchase or allow anyone else to do so. Neither the Merchant nor the Platform Operator shall be held liable if the data is entered incorrectly and someone other than the intended recipient uses the Voucher and/or a Voucher Gift has been received by someone else than the intended recipient.
- The User agrees to update the data in case they change. The Merchant shall not be held liable for the User’s failure to fulfil this obligation.
- Information on Voucher prices is available on the Website and it applies to the value of the Vouchers and it do not apply to Voucher Gifts.
- All the prices are quoted in a particular currency and include all taxes and fees applicable in the country of the Merchant's registered office. If such an obligation applies in the country of residence of the User, the User shall be responsible for the collection, deduction, declaration and payment of additional taxes to the competent tax authorities.
- Current information on Voucher prices applies from the day of its publication on the Platform. These are gross prices including shipment costs.
- All Vouchers are multi-purpose and may be exchanged for various Products offered by Service Providers.
- User shall not be entitled to receive a refund of the Voucher Gift's value. Voucher Gifts, can constitute various goods or can authorize taking advantage of various services performed by third parties, which may be subject to change. The Merchant does not promise, warrant, guarantee or represent concerning Voucher Gifts, in particular services provided by third-parties.
- Voucher Gifts are free-of-charge. The User covers transport costs and other fees, which the User expressly confirms and accepts. All such fees or costs (if any) are communicated to the User before the Purchase.
- After purchasing the first Voucher an individual User Account is being created on the Platform. The account shall be accessible by using the password and email address provided after placing an Order.
- Full name, email address and password are required to register the User Account. The User is obliged to keep the abovementioned data a secret.
- The Website, including the Content of the Administrator / Platform Operator / Merchant are subject to full protection regarding copyrights or other intellectual property rights and must not be used for purposes other than those expressly permitted in these Terms and Conditions - in particular, they must not be copied, either in whole or in part.
- If User purchases more than one Voucher, the Voucher amounts are collected on the User's Balance.
- A Voucher cannot be used to purchase another Voucher.
3. Terms of placing an Order and making the Purchase
- Orders are accepted 24 hours per day, 365 days per year and can be placed online from anywhere in the world. In some countries limited payment methods may apply.
- If the User has not completed the Order process, a customer service department of the Merchant shall contact the User using the data provided during the Order making process, i.e. by email or by phone, in order to confirm the receipt of the Order, which the User agrees to. The Purchase is not complete until the User receives an email confirming the acceptance of the User's offer.
- When a Purchase is made, the Voucher shall automatically be added to the User Voucher Balance. A Voucher Gift may be delivered together with the Voucher in electronic form, via courier or post. Payments may be recorded and processed by different Payment Operators (depending on the payment method chosen) or by postal services/courier companies where payment on delivery is selected.
- If the User chooses prepayment, the Voucher will be funded with the amount paid by the User and a Voucher Gift will be delivered to the User, if applicable, upon the receipt of funds in the amount of 100% of the Purchase price. If no Purchase is made with respect to a pre-paid Order, the payment is reimbursed to the User.
4. Withdrawal from the concluded agreement and complaints procedures
- The User is entitled to withdraw from the Purchase agreement without any reason within 14 (fourteen) days from the date of its conclusion. If a Voucher is delivered in a physical form, this period of time is calculated from the Voucher’s delivery date.
- The User withdraws from the concluded Voucher Purchase agreement by submitting a declaration of withdrawal from the agreement to the Merchant. The User is entitled to use the form attached to these Terms and Conditions. The applicable declaration of withdrawal shall be sent to the address specified by the Merchant and supplied together with the Voucher. Sending the declaration to a reverse logistics center or another customer service center specified by the Merchant has the same effect as sending it to the Merchant. The period shall be deemed to have been observed if the declaration of withdrawal is sent before the appropriate deadline.
- In case of withdrawal from the agreement, the parties shall return gained benefits, and in particular, the User shall return to the Merchant all the Voucher and/or Voucher Gifts received.
- The User returns the Voucher and/or Voucher Gift either together with the declaration or within 14 (fourteen) days from the day of effective withdrawal from the agreement. In the case of withdrawal from the agreement, the costs of returning the Voucher and/or Voucher Gift to the Merchant shall be incurred by the User.
- The Merchant shall immediately, and not later than within 14 (fourteen) days from receiving the declaration on withdrawal, make a Refund to the User. The User reserves the right to receive the Refund only after returning the Voucher and the Voucher Gift to the Merchant.
- It is impossible to withdraw from a Purchase agreement in relation to a Voucher which has already been redeemed.
- The User is entitled, within 14 (fourteen) days from receiving a Voucher Gift, to notify the Merchant of defects identified in the Voucher Gift, which were present at the time of its delivery or were caused by an inherent failure of the Voucher Gift. The notification shall be sent in written or electronic form and to the address as specified in the leaflet enclosed with the Voucher Gift.
- Such notifications shall be handled within 14 (fourteen) days of their receipt. Information about the outcome of the notification procedure will be sent by email to the email address specified when making an Order, unless the User provides other contact details in the notification. If the notification is assessed positively, the User shall return the Voucher Gift to the Merchant within 14 (fourteen) days from receiving the information on the outcome of the notification procedure. The costs of returning the Voucher Gift to the Merchant shall be borne by the User. The Merchant shall immediately, and not later than within 14 (fourteen) days from receiving the returned Voucher Gift specified above, exchange at their own expense the defective Voucher Gift for a defect-free one or the Merchant shall remove the defect.
- After the 14-day term Vouchers are not refundable in cash or in any other form. With respect to Orders paid for in advance with a credit/debit card, in the event the User files a credit/debit card chargeback at the issuing bank, the processing of their letter/dedication will be put on hold and will not be dealt with by the Merchant until the issue is resolved. Despite having satisfied the complaints procedure, no Refund will be granted to a User whose card chargeback was successful.
- Voucher Gifts constitute a free-of-charge service and/or goods granted to a User, and therefore, they cannot be subject to a refund in the form of cash or any other form.
- User reserves the right to file a complaint on the functioning of the Platform to the Website Administrator, and if the process of Voucher sale is operating incorrectly, the Users can submit a complaint to the Merchant. A complaint should be submitted by means of a contact form available on the Platform. Complaints filed with the Platform Operator are effective against the Merchant.
- Information about the outcome of the complaint procedure will be sent by email to the email address specified in the contact form. Should it be impossible to identify the User, the complaint will be left unconsidered.
- Complaints are handled within 14 (fourteen) days of the receipt of the letter of complaint. The status of the complaint can be checked by the User by means of a contact form available on the Website.
- Complaints on the functioning of the Website should contain the data required to verify the User, in particular: first and last name, contact details, name and model of a mobile device, version of the ICT system installed on the device as well as a detailed description and the reason for the complaint, by indicating the area which the complaint refers to (e.g. the operation of the Website, the Registration process, settlement).
5. Voucher and/or Voucher Gift delivery
- When making an Order, the User shall be requested to choose the delivery method for the Vouchers and/or Voucher Gifts. In most cases, they can be delivered via a courier or post. Regardless of the delivery method chosen, the User specifies the payment form for the shipment. It is usually possible to make a prepayment (bank transfer) or choose the payment on delivery option (POD).
- A Voucher and/or Voucher Gift shall be delivered to a User in line with the User's selected delivery method: by post, courier or by electronic means (i.e. automatically by email to the email address specified during Order placement or by displaying on the website with the Order confirmation on completion of the ordering process). Payments for the delivery of Vouchers together with Voucher Gift delivery may be recorded and processed by different Payment Operators (depending on the payment method chosen) or by postal services/courier companies where payment on delivery is selected.
- The failure to supply the Voucher in physical form or as an electronic confirmation does not invalidate the Voucher and has no effect on the Voucher Balance. It does not matter if the Voucher is missing or damaged, as the Voucher's value is assigned to a particular User identified by his or her unique personal data, such as Order identification number, phone number, and email address.
- If the User purchases more than one Voucher, each Voucher can be accompanied by a Voucher Gift.
- The ownership of the Voucher and/or the Voucher Gift is only conveyed onto the User when the Merchant receives payment for the Voucher, which has been made by the User.
- If payment is not received (e.g. a credit card payments are refused or accounts remain unpaid at the due date) any Vouchers dispatched will become void and may not be used and the User shall be obliged to return the Voucher Gift. The costs of returning the Voucher Gift shall be borne by the User.
- In case the Voucher delivered by post is lost, stolen or destroyed before it is redeemed, the Merchant cannot transfer the Voucher in physical form again, but the Voucher Value will remain on the User's Account. These situations shall have no effect on the Voucher Gift granted previously.
- Every Voucher can be identified by means of a unique Voucher identifier. It corresponds to the Order identification number. The value of the Voucher will credit the Voucher Balance on the Account.
6. Vouchers redemption
- Vouchers may be redeemed in accordance with the Terms and Conditions.
- Vouchers are dated and labelled with an expiry date, and if they are not redeemed before their expiry, the User shall not be entitled to their exchange. If the User is unable to redeem a Voucher before its expiry date through no fault of their own, the User shall be entitled to exchange the Voucher for a Voucher with a later expiry date. To receive a Voucher with a later expiry date, the User must prove to the satisfaction of the Merchant that the inability to redeem the Voucher was not their fault. The Merchant shall have the exclusive competence to decide whether to grant a Refund.
- If the expiry date is not specified, Vouchers are valid 6 (six) months from their Purchase date.
- All funds paid by the User always fund the User's Account with their full value.
- Users can check their Voucher Account by contacting the customer service department of the Voucher Platform's Administrator or by logging into their Account.
- Vouchers will be subject to verification at the time of their exchange for the Products.
- The Platform Operator is not a party to the Purchase agreement nor agreement for the purchase of the Products and shall not be liable for the quality, safety or legality of the Products for which Vouchers are redeemed and/or Voucher Gifts, the genuineness and thoroughness of information provided in the Advertisement, the Service Providers' capability or right to sell the Products and the solvency of Users placing Orders.
- The Payment Operator is not a party to the agreement concluded between Users and Service Providers and shall not be held liable for improper performance or non-performance of agreements concluded by User. Separate Service Provider’s terms and conditions apply to conclusion and performance of the Product purchase agreement.
- The Platform Operator does not provide payment services. As part of its activities, the Payment Operator uses specialized financial institutions and/or payment institutions, which are selected by it at its own discretion and with due diligence.
- At the moment the payment for the Voucher is made by the User with Payment Operator the User shall be released from the obligation to pay for the Voucher against the Merchant, therefore no risk related with transfer shall be borne on the User's side.
- The Merchant shall be liable for execution of the agreement between the User and the Service Provider concluded through the Platform.
- The Administrator, Merchant, Platform Operator and Payment Operator shall not be liable for special, indirect and consequential losses incurred during the use of the Vouchers presented on the Platform and/or Voucher Gifts.
- The Merchant shall not be liable for the violation of these Terms and Conditions, if the fulfilment of a particular obligation has become impossible due to reasons beyond its control.
- The Administrator provides the Website "as is", "with all faults" and "as available." The Merchant and its suppliers make no express warranties or guarantees about the Platform, Vouchers, Voucher Gifts, Platform or the Products.
- To the maximum extent permitted by law, the Platform Operator and the Merchant and their employees, directors, agents, and vendors disclaim implied warranties that the Vouchers and Voucher Gifts are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, compliant with law, suitable for use or provided with due diligence and skill. The Platform Operator does not guarantee that the Voucher Gifts shall meet the requirements of Users, will be free of errors, useful, complete or available at all times. The Platform Operator does not guarantee that the advantages which can be obtained in connection with the use of the Platform will be effective, reliable and accurate and that they will meet the expectations of Users. The Platform Operator does not guarantee that Users will be able to access or use the Platform- at any chosen time and location. The User may have additional consumer rights under the User's local laws that these Terms and Conditions cannot change.
By accepting the Terms and Conditions, the User agrees to indemnify and hold harmless, in so far as permitted by law, the Platform Operator, the Merchant, the Website Administrator, its directors, employees and agents from liability for any claims, damages, liabilities, losses, amounts due, costs or debt and expenses (including, without limitation, for any reasonable charges incurred in relation to any claims or court proceedings which have been instituted or which the Merchant or the Platform Operator can be at risk of in relation to any parties) resulting from respectively: the use by the User of the Website or Voucher; the use of the User password; the breach of any provision of these Terms and Conditions; the violation of any rights of third parties, including without limitation any copyright, property or privacy right; and any claim that the content provided by the User causes damage to a third party.
9. Personal data protection
- Each User using the Platform has the opportunity to share their opinion on the use of the Platform, the Vouchers purchased via the Platform, the Voucher Gifts received or the Products for which the User redeemed the Vouchers.
- Opinions and suggestions, including any materials which the User would like to share, should be submitted by means of a contact available on the Platform.
- The User must have the right to the materials and content which are to be published, including the right to share audio-visual materials. When sending an opinion, the User agrees to the publishing of an entire opinion or a part thereof, together with the accompanying materials, on the Platform and on Merchant's websites presenting Vouchers. The Administrator/Merchant shall not be held liable for content submitted by the User.
- The Merchant reserves the right to send the User emails of administrative and promotional nature associated with the Products. The User may resign from receiving promotional emails at any time, by clicking on the opt-out link at the bottom of each such email.
10. Final provisions
- These Terms and Conditions may be amended at any time by posting updated terms on the Platform. Changes will be visible to Users submitting Orders online and will apply to Orders that have been placed after their introduction.
- If any provisions of these Terms and Conditions are deemed invalid or ineffective, this shall not affect the validity and enforceability of the remaining provisions hereof. Such an invalid or ineffective provision shall be replaced with a valid and effective one that comes as close as possible to the economic effect which the invalid or ineffective provision had referred to.
- The Administrator shall make all its best efforts to allow uninterrupted access to the Website. The Administrator does not give any guarantee that the Website is free from viruses or other programs that may have a detrimental effect on any technology. Therefore, access to the Website may be suspended, restricted or terminated at any time for reasons beyond the control of the Administrator. In particular, the User's access to the Website may sometimes be limited to allow for repairs, maintenance and the introduction of new facilities or services. The Administrator shall endeavor to restore such access as soon as possible. The Administrator shall not be responsible for the functionality, the use of which is dependent on the browser of the User or any other third-party software.
- The Platform Operator can make changes to the Content, services and prices at any time and without notice upon the Merchant's request.
- The Merchant reserves the right to change, modify, replace, suspend or remove any information, in particularly that relating to Vouchers or Voucher Gifts contained on the Platform each time, and without notice, if there is a justified need to take such actions.
Specimen form of withdrawal from a distance sales agreement
(this form needs to be completed and sent only if the User intends to withdraw from the Sales Agreement)
Full name of the User
Address of residence
Declaration delivery address:
(as per the leaflet received
together with the Voucher)
Declaration of withdrawal from a distance sales agreement
I hereby declare that I am withdrawing from Voucher Purchase no (Voucher identifier – Order identification number) concluded by me via ___________ on the receipt of the Voucher took place on ____________________________
Please return the amount of ____________________________ (in words: …………………………………………………)
to the bank account number ………………………………………………………………, SWIFT/BIC: ………………….
I am returning__________________ (Voucher Gift - if applicable) in unchanged condition.
Signature of the User