TERMS AND CONDITIONS OF THE BEST VOUCHERS WEBSITE
The binding Terms and Conditions of https://thebestvouchers.com/ website (hereinafter: “Terms and Conditions”).
1. Rules and definitions
The Terms and Conditions set out the rules, scope and conditions for the use of https://thebestvouchers.com/website (hereinafter: “Website”). These Terms and Conditions apply to all Website users.
For the purpose of these Terms and Conditions, the definitions provided below shall assume the following meaning:
- Seller – the Website Controller, an entity offering the purchase of Vouchers for services presented on the Website, excluding Educational Packages and Access Codes to Educational Packages presented on the Website.
- Buyer – a natural person with full legal capacity and over 18 years of age, who, on the basis of a Sales Contract, purchased a Product from the Seller and received access to an Account on the Website.
- Product – a Voucher for services presented on the Website, excluding Educational Packages and Access Codes to Educational Packages presented on the Website.
- Voucher – an instrument in electronic form, which is sold by the Seller and which, according to the rules included in the Terms and Conditions, entitles the Buyer to redeem it via different Service Providers for products or services offered by them, excluding Educational Packages.
- Access Code – a unique sequence of alphanumeric characters, which is sold by the Seller and which, in accordance with the rules specified in the Terms and Conditions, entitles the Buyer to receive access to the Educational Package offered by the Service Provider.
- Gift – a number of units of a particular cryptocurrency, specified at the moment of purchasing the Access Code to the Educational Package, which each Buyer of the Access Code to the Educational Package receives as a gift. The number of units of a particular cryptocurrency indicated when making an Order shall be added free of charge to each purchased Access Code to the Educational Package, regardless of the value of the Educational Package. The Gift to the Educational Package has no commercial value and cannot be purchased separately. No information presented on the Website shall ever be considered as an offer to purchase the Gift to the Educational Package; the information provided should never be construed as an offer within the meaning of applicable law. The access to the units of a particular cryptocurrency added to the purchased Educational Package in the form of a Gift is enabled by the Access Code, which the User shall receive from the Seller after purchasing the Access Code to the Educational Package; however, the use of the Gift may require the provision of additional data, the submission of documents or other actions to be performed by the Buyer, about which the Seller will inform the Buyer at the time of delivering the Access Code. Each time the Buyer pays to purchase the Access Code to the Educational Package and receives a certain number of units of a particular cryptocurrency, the amount paid is always the fee for the Access Code to the Educational Package, and the units of the particular cryptocurrency included in the package of the Gift to the Access Code are delivered as Gifts.
- Account – an Order account on the Website assigned to a particular Buyer who has concluded a Sales Contract with the Seller by placing an order through the Website or through one of the Seller’s Partners, and the Seller or the Seller’s Partner has confirmed the order. The Account is a subsite of the Website designated for the Buyer, on which information about the purchased Products are displayed, and tools are made available to undertake activities in the scope of redeeming the Vouchers or Access Codes received from the Seller. The Account allows to identify, track and manage the purchased Vouchers or Access Codes. In order to exchange a Voucher or Access Code for products/services offered by a particular Service Provider, please use the hyperlink to the website of the respective Service Provider. The hyperlink is visible to the Buyer after logging into the Account. The account is linked to the Buyer’s email address (Login), and the Password received by the Buyer from the Seller or Seller’s Partner provided on the Voucher or, respectively, the Access Code received from the Seller or Seller’s Partner if the Access Code to the Educational Package was purchased. Additional educational materials, excluding online training courses offered as part of the Educational Package by the Service Provider, may be made available to the Buyer by the Seller in the form of text files to be downloaded directly after logging into the Account.
- Payment Provider – payments for Vouchers or Access Codes may be processed by third parties providing services in the scope of data processing and payments, invoicing of amounts due, reconciliation of balances and reporting;
- Educational package – online training (Webinar); a type of webinar conducted and implemented with the use of webcast technology, which enables two-way communication between the meeting leader and participants, with the use of virtual tools.
- Partner – an entity participating in the Seller’s partner program, to which the Seller commissioned operational marketing activities aimed at bringing potential customers (Buyers) to the Seller’s website (Website).
- Website – the website https://thebestvouchers.com/, maintained by the Website Controller, through which the Buyer may place an Order or redeem a Voucher or Access Code,
- Sales Contract – a contract whose subject matter is the purchase of a Product, concluded between the Seller and the Buyer in the manner specified in these Terms and Conditions,
- Service Provider – a third party offering Educational Packages, the use of which is enabled by the Access Code received from the Seller, and other services presented on the Website, the use of which is enabled by the Voucher received from the Seller;
- Order – the Buyer’s declaration of will placed by means of an Order Form available on the Website or on the website of one of the Seller’s Partners, with its direct aim to conclude a Sales Contract with the Seller. The Order is treated as an offer to purchase a Voucher or Access Code submitted to the Seller by the Buyer. For an effective conclusion of the contract, the Seller is required to confirm the acceptance of the Order.
- Products may be purchased only by individual Buyers.
- The Buyers are obliged to comply with these Terms and Conditions, and are required to use the Website in a manner consistent with the applicable law and in accordance with the principles of social coexistence.
- All commercial information, price lists and advertisements on the Website are merely an invitation for the Buyers to make offers and conclude agreements for Purchase. No information presented on the Website, regardless of its name, should be construed as an offer within the meaning of the applicable law.
- The Buyer placing an Order must be at least 18 years of age 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 Buyer.
- Any Orders for Products placed by the Buyer shall be deemed to be an offer and shall only be deemed accepted by the Seller upon the earlier of acceptance of the Order by the Seller in accordance with the provisions specified in the Terms and Conditions. The Seller expressly reserves the right to reject any offer and/or refuse to accept an Order without providing justification. In addition, even if the Seller has initially accepted the Buyer’s offer, the Seller can cancel the transaction at any time if it reasonably suspects that the Buyer has committed fraud against the Seller, Service Provider or the Seller’s Partner.
- The Seller reserves the right to cancel an Order if the Buyer’s behaviour is seen to be suspicious or potentially fraudulent.
- The Seller reserves the right to discontinue the sale of Vouchers and Access Codes at any time or to modify the Terms and Conditions.
- Purchases are made for personal use only.
- The Buyer has no right to make copies of the Access Codes or Vouchers in any way or to enable such actions to others.
- The Buyer promises not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the Purchase or use of the Access Codes or Vouchers, or allow anyone else to do so. The Seller shall not be held liable if the data is entered incorrectly and someone other than the intended recipient uses the Access Code to the Educational Package or the Voucher.
- The Buyer agrees to update the data whenever they change. The Seller shall not be held liable for any consequences resulting from a failure to fulfil this obligation.
- In the cases referred to in sec. 2 point 10 and sec. 2 point 11, the Buyer’s access to their Account may be blocked by the Website Controller.
- All the prices are quoted in a particular currency and include all taxes applicable to the country of the Seller’s registered office. If an additional tax obligation applies in the country of residence of the Buyer, the Buyer shall be responsible for the collection, deduction, declaration and payment of additional taxes to the appropriate tax authorities.
- Current information about the prices of Vouchers and Access Codes is valid from the day it is displayed on the Website. The prices include delivery costs.
- After the purchase of the first Voucher or Access Code, an individual Buyer’s Account shall be created on the Website, the access to which shall be possible by means of the password provided on the Voucher, or the Access Code provided on the card with the Access Code, received after placing an Order, and an email address.
- Each Buyer can hold only one Account.
- In order to register a Buyer’s Account, the following data are required: email address and the Password provided on the Voucher or the Access Code provided on the card with the Access Code, which the Buyer is obliged to keep in confidence.
- Unless otherwise agreed, the Seller can change the specification of the Products. In particular, without limitation, the identity and number of Service Providers through which it is possible to use Educational Packages using Access Codes or other services using Vouchers, may change, which the Buyer expressly confirms and accepts.
- As it is impossible to purchase Access Codes and Vouchers by individuals who reside in certain countries, Orders made from the territory of the following countries and with the delivery address within these countries shall not be processed: e.g. Afghanistan, Bangladesh, Democratic Republic of the Congo, Republic of Equatorial Guinea, Guyana, Hong Kong, Iraq, Laos, Mauritania, Moldavia, Niger, North Korea, Sierra Leone, Singapore, Syria, Western Sahara, Yemen, and Zimbabwe.
- The personal data provided at the moment of Registration and placing an Order shall be processed by the Controller/Payment Operator to the extent necessary to complete the Order, including online and offline settlements and after-sales services, and to the extent necessary to assign Access Codes and use Educational Packages with their use or similarly Vouchers, and redeem them for specific services offered by the Service Providers.
- All Products presented on the Website, and other names and logos presented on the Website are used solely for identification purposes and can constitute a trademark protected by law.
- The Website and the content of the Website are subject to full protection in regard to 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.
3. Sales Contract conclusion
- The conclusion of the Sales Contract takes place as a result of the Buyer placing an Order by means of an Order Form on the Website or on one of the websites of the Seller’s Partners, at the moment of the acceptance of the Order by the Seller.
- Orders are accepted 24 hours per day, 365 days per year. Orders can be placed online from anywhere in the world, subject to sec. 2 point 20; however, in some countries it is only possible to make a prepayment through the payment system indicated on the Website.
- The Buyer shall specify the following details in the Order Form:
- Full name of the Buyer,
- Telephone number of the Buyer,
- Email address of the Buyer to which the Account on the Website will be assigned.
By completing the Order Form, the Buyer:
- confirms the authenticity and accuracy of the data contained in the Form mentioned above,
- expresses consent to the provisions of these Terms and Conditions, recognising their binding character,
- agrees to the processing of personal data contained therein for the purpose of offering products and services by the Seller directly to the Buyer (direct marketing).
- After receiving the Order Form, the Seller shall contact the Buyer by phone in order to determine the detailed parameters of the Order – i.e. the type of Voucher or Access Code to be delivered to the Buyer, its value and the Buyer’s address to which the Order is to be sent, to which the Buyer agrees.
- After the aforementioned arrangements are made between the Buyer and the Seller, the Seller shall send the Buyer a confirmation of the acceptance of the Order to the email address indicated by the Buyer.
- Order value – this is the amount specified in the confirmation of the acceptance of the Order, which is the price of the Voucher or Access Code selected by the Buyer. The value of the Order is tantamount to the total amount that the Buyer has agreed to pay. During a telephone conversation between the Seller and the Buyer, the Seller may, due to the size of the Order, offer the Buyer a promotional price. In such an event, the price agreed between the parties during this conversation shall remain binding for the Buyer.
- The Order shall be deemed accepted for processing at the moment of sending the confirmation of the acceptance of the Order by the Seller to the Buyer.
- If the Buyer has not completed the Order placement process, the Seller’s Customer Service Department shall contact the Buyer using the data provided during the Order placement process, in order to confirm the receipt of the Order, which the Buyer agrees to. The confirmation mentioned above shall be tantamount to placing an Order by the Buyer, in accordance with the conditions specified in these Terms and Conditions. The Purchase is not complete until the Buyer receives an email confirming the acceptance of the Buyer’s offer by the Seller.
- If a Purchase is made, a Voucher or card with an Access Code shall be immediately sent to the Buyer by courier or post. Payments may be recorded and processed by different Payment providers or by postal services/courier companies, if payment on delivery is selected.
- There is no limit on the Purchase of Access Codes and Vouchers per household or per Buyer unless expressly specified otherwise on the Website or in the Terms and Conditions. The Seller reserves the right to discontinue the sale of Access Codes and Vouchers at any time or to modify the provisions of the Terms and Conditions.
4. Requirements for the use of a Voucher or Access Code
- The Seller shall not be liable for the incorrect configuration of the Buyer’s computer.
- The Seller shall not be liable for cases where the Buyer fails to redeem the Voucher or Access Code due to technical problems of the Buyer’s computer.
- In order to use the Voucher or Access Code, it is necessary to log in to the Account using login data, i.e. Login (email address provided in the Order Form by the Buyer) and Password (the password provided on the Voucher supplied by the Seller) or Access Code (provided by the Seller on the card with the Access Code in the event of purchasing the Access Code to the Educational Package). When first logging into the Account using the data provided by the Seller, the Buyer shall be entitled to change the Password or Access Code.
- The Account allows to identify, track and manage the purchased Vouchers or Access Codes. In order to exchange a Voucher or Access Code for services offered by a particular Service Provider, the hyperlink to the website of the respective Service Provider should be used.
- Additional information concerning the way of logging into the Website (Login Instruction) shall be sent by the Seller to the Buyer’s email address immediately after the payment is made by the Buyer.
5. Delivery of Vouchers and Access Codes
- Vouchers and cards with Access Codes shall be delivered to the Buyer by post or courier to the address indicated by the Buyer.
- The ownership of the Voucher or Access Code shall pass to the Buyer only upon the receipt of payment by the Seller for the Access Code or Voucher which was made by the Buyer.
- If payment is not received (e.g. a cheque bounces, credit card payments are refused, or the Order remains unpaid at the due date) any Access Codes or Vouchers dispatched shall become void and may not be used.
- If an Access Code or Voucher delivered by post is lost, stolen or destroyed before it is used, the Seller shall deactivate the previous Access Code or Voucher by assigning a new Access Code or Voucher to the Buyer for which the same rules shall apply.
6. Use of Access Codes and Vouchers
- Educational Packages purchased with the use of Access Codes and services purchased with the use of Vouchers are not refundable in cash.
- An Access Code or Voucher can only be used once. Neither the Access Code nor the Voucher can be used partially.
- Expiry date of Access Codes.
Each Access Code is valid for six months from the date of delivery of the Access Code. The expiry date of the Access Code means the time during which such code must be activated and the Educational Package used. After this period, the Access Code and use of the Educational Package is not possible. The provisions above also apply to the Free Education Package.
- The Seller does not make or give any promises, warranties, guarantees or representations concerning Educational Packages or other services provided by Service Providers.
- Access Codes and Vouchers shall be subject to verification at the time of their use in order to use the Educational Package or services that the Voucher entitles the Buyer to purchase.
- The Seller is not a party to the agreement for the purchase of Educational Packages or other services, but only offers the purchase of Access Codes to Educational Packages and Vouchers entitling to purchase the services presented on the Website, and therefore shall not be liable for the quality, safety or legality of the services purchased using the Access Codes or Vouchers, or for the genuineness and thoroughness of information of information provided in the advertisement, the Service Providers’ capability or right to sell particular services and the solvency of the Buyers placing Orders.
- The Payment Provider is not a party to the agreement concluded between the Buyers and Service Providers and shall not be held liable for improper performance or non-performance of contracts concluded by the Buyers.
- Neither the Website Controller/Seller, nor the Operator and the Payment Operator shall be liable for special, indirect or consequential losses incurred during the use of the services purchased using the Access Codes and Vouchers, as well as Gifts.
- The Seller 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 Controller provides the Website “as is”, “with all faults” and “as available”. The Seller and its suppliers do not give express warranties or guarantees regarding the Website, Access Codes, Vouchers, Gifts, or any services.
- By accepting these Terms and Conditions, the Buyer agrees to indemnify and hold harmless, in so far as permitted by law, the Seller/Controller, 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 Seller/Controller can be at risk of in relation to any parties) resulting from respectively: the use by the Buyer of access to the Website, Access Code or Voucher; 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 Buyer causes damage to a third party.
- The obligation to indemnify and hold harmless referred to in sec. 9 point 1 above remains in force after the expiry of these Terms and Conditions and after the Buyer stops using the Website.
9. Personal data protection
- The controller of the databases containing the personal data provided by Website users (Buyers) is the Seller.
- The controller of databases containing personal data undertakes to protect personal data in accordance with the law applicable to the registered office of the Seller. When the Buyers provide the personal data Controller with their personal data, the Buyers shall simultaneously consent to their processing by the personal data Controller for the purpose of processing the Orders made. The Buyers shall be entitled to view, correct, update and delete their personal data.
10. Changes made to offers and promotions
- The Seller reserves the right to change the prices of the Products included in the offer, withdraw some Products from the offer and introduce new Products and promotional campaigns.
- The entitlement described in point 1) above shall not affect Orders placed before any changes were introduced to the prices and promotional campaign conditions, and they shall be implemented based on the previous conditions.
- If in the opinion of the Buyer, the services provided on the basis of the Terms and Conditions are not carried out or are carried out in breach of the provisions of the Terms and Conditions, the Buyer shall be entitled to submit a complaint to [email protected]
- The complaints received by the Seller shall be considered within 14 days from their receipt to the email address specified in point 1) above. If the Complaint does not include information necessary for its consideration, the Seller shall request the person submitting the Complaint to provide the necessary information, and the term of 14 days shall then run from the day on which the correctly completed Complaint is received.
- The complaint should include at least the Buyer’s full name, the Buyer’s email address, a description of any objections raised and an indication of the proposed method of resolving the Complaint.
- A response to a Complaint shall be sent to the email address specified by the Buyer in the Order. In justified cases, the Seller may send a response to another email address specified by the person submitting the Complaint which is not assigned to the Order.
- Should it be impossible to identify the User, the complaint will be left unconsidered.
- The Seller shall not be liable for any damage not caused by the Seller’s fault.
- If, in the event when the Access Code or Voucher is redeemed, the Buyer has reservations about the Educational Packages or services purchased with the use of the Voucher, any claims in this respect shall be addressed directly to the Service Provider. This is due to the fact that the Controller/Seller only sells Vouchers and Access Codes and makes the Website available, and it is the Service Provider, not the Controller/Seller responsible for Educational Packages, the use of which is made possible by the Access Code received from the Seller and the services, which the Voucher enables. However, should the Buyer and the Service Provider fail to reach an agreement, the Controller/Seller may, at the request of the Buyer, help to solve the dispute.
- The Controller/Seller may cancel or refuse to issue a specific Access Code or Voucher at any time as a result of errors linked to the issuance or processing of the Access Codes or Vouchers or if the Controller/Seller states that the Buyer has requested the issuance of the Access Code or Voucher or used the Access Code or Voucher incorrectly, in a manner inconsistent with its intended purpose, in breach of these Terms and Conditions, or because the Access Code or Voucher has been falsified or changed.
- The Buyer may submit a complaint on the functioning of the Website to the Website Controller, and if the sale process of Access Codes or Vouchers is operating incorrectly, the Buyer may submit a complaint to the Seller.
12. Withdrawal from the Contract
- The Buyer who did not use the Voucher or Access Code shall be entitled to withdraw from the Contract within 14 days from its conclusion date and receive the full refund of costs.
- The Buyer who used the Voucher or Access Code loses the right to withdraw from the Contract.
- The Buyer may withdraw from the Contract by sending an email confirming their wish to withdraw from the Contract to: [email protected]
- It is impossible to withdraw from the Access Code or Voucher Sales Contract in relation to an Access Code or Voucher which has already been used. The use of an Access Code or Voucher shall be understood to mean the use by the Buyer of the received Access Code or Voucher enabling the use of the Educational Package, other services offered by Service Providers or the use of the Gift.
13. Final provisions
- The Website Controller shall make every effort to ensure the correct functioning of the Website.
- The Website Controller reserves the right to deactivate the Website, in whole or in part, for an unlimited time in order to modernise or repair it.
- The Website Controller and the Seller shall not be liable for difficulties in Order processing which are caused by random events outside the scope of their influence (including those dependent on the Buyer, third parties or force majeure).
- The Seller reserves the right to make changes to the Terms and Conditions without providing a reason.
- The Buyers registered in the Website shall be notified about the changes to the Terms and Conditions and their scope by electronic means (with an email sent to the email address provided when placing an order) or in the form of a pop-up window when first logging into the Website after the changes were made. Changes shall be introduced to adapt the Terms and Conditions to the legal framework in force.
- 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 resembles as close as possible the economic effect which the invalid or ineffective provision had referred to.
- The Buyer shall be required to become acquainted with the changes to the Terms and Conditions if the Buyer uses the Website in any way.
- The current version of the Terms and Conditions is always available at www.thebestvouchers.com.
- The appropriate provisions of law applicable to the registered office of the Seller shall be in force in any matters not governed by these Terms and Conditions. Any disputes shall be resolved in an amicable manner if the Buyer so requests. As a last resort, disputes shall be settled by a common court of competent jurisdiction according to the registered office of the Seller.
- Using the Website by the Buyer is tantamount to becoming acquainted with and accepting the provisions of these Terms and Conditions.
The date of the last revision of these Terms and Conditions: 13/03/2019
Name and surname of the Buyer
Address of residence
Declaration delivery address:
Declaration of withdrawing from a remote contract
I declare that I withdraw from the sales contract relating to the Access Code/Voucher number .......................... (order identification number) concluded by confirming the Order, which took place on ..................................; the Access Code/Voucher was received on ...............................
Please return the amount of .................... (in words: …………………………………………………)
to the bank account number ………………………………………………………………, SWIFT/BIC: ………………….
I hereby return ………………………………………………… (the Gift to the Access Code to the Educational Package – if applies) in unchanged condition.
The Buyer's signature