GENERAL CONDITIONS OF USE AND CONTRACTING
GENERAL CONDITIONS OF USE AND CONTRACTING
1.1 These General Conditions of Use and Contracting (hereinafter the “General Conditions”) govern the use of the website www.coinmarket.network and the terms and conditions of the purchase of products and the contracting of services offered on its website (hereinafter the “Website”), owned by Coinshare Italia SRL, Via Borgonuovo 5, MILANO 20121 Italy, Company number 10768500968, and the companies under its control.
1.2 Coinshare Italia SRL. conducts its activities via a web platform which offers its users the possibility to make savings by buying the products and/or services of its commercial partners and also to receive remuneration (hereinafter the “cashback”) which shall be a percentage of the value of their own purchases and those of third parties introduced by the user, as explained further on, in the form of a bonus.
1.3 The users who access the Website and/or contract or buy products and/or services via that website agree to submit to and be bound by these General Conditions as they are written at the time of accessing the Website, and for this purpose Coinshare invites all users to read these General Conditions carefully.
1.4 The website may only be used for personal reasons and to do so users are required to expressly accept these General Conditions.
2. DURATION OF THE CONTRACT
The duration of this contract is unlimited. Any party may terminate the contract at any time by sending an email to the other party. For this purpose, the parties shall assign the following email addresses for notifications:
Coinshare - [email protected]. User: the email address that appears in the user’s profile at the time of the notification.
3. CONDITIONS FOR REGISTERING
Users shall be held accountable in all cases for the veracity and accuracy of the data they provide and may change them at any time by accessing their Account.
Only one registration per person is permitted. If Coinshare identifies that a user has more than one account, it shall proceed to cancel all additional accounts without notifying the user concerned in advance.
Once all the required fields in the user profile page have been completed, the user (hereinafter “Registered User”) may access every area of the Website and perform transactions and/or operations on the site.
If the registered user does not agree with the General Conditions of Use and Contracting, he/she shall not be authorized to conduct any operations and/or transactions via the Website.
4. SENDING AND RECEIVING NEWSLETTERS
The user shall be subscribed to the website’s newsletter and expressly authorises it to be sent to him/her.
The user may deregister at any time from the newsletter service by sending an email to this effect to: [email protected].
5. MODIFICATION AND CANCELLATION OF PERSONAL DATA AND USER INFORMATION
Registered users may exercise their right to access, rectify, cancel or oppose the use of their data by writing to the following address:
Coinshare Italia SRL
Coinshare Italia SRL, Via Borgonuovo 5, MILANO 20121 Italy - Company number: 10768500968
They may also request access to, rectification or cancellation of their data at any time by sending an email to [email protected].
The cancellation of these data means they will be blocked and cannot be processed or viewed by anyone, although they may be stored in this blocked form in order to comply with the legal, fiscal and tax obligations of Coinshare Italia SRL.
6. EXEMPTION FROM LIABILITY
At no time can Coinshare Italia SRL be held responsible for any malfunction in accessing the internet, the website or the account of the registered user.
7. LIMITATION OF LIABILITY
The User fully understands and accepts that with the sole exclusion of gross negligence or wilful misconduct, Coinshare cannot under any circumstances be held liable for any damages that may be caused to the User as a consequence of using or not using the Website, the User being responsible for verifying that the transactions conducted via the website are correct.
The liability of Coinshare cannot in any circumstances be higher than the amounts paid by Coinshare to the Registered User in relation to the transactions of the latter, or those made on his/her behalf, on the Website.
Coinshare and its employees and third parties who have taken part in the creation, production or dissemination of the Website do not accept any kind of responsibility for eventual direct, indirect, specific or implicit damages of any nature to others that may derive from the use of the website or the impossibility or inability of using the Website, including damages caused by computer viruses or the malfunction of servers.
8. INVITATIONS TO FRIENDS, ACQUAINTANCES OR FAMILY MEMBERS
Coinshare offers registered users the chance to invite their family members, friends of acquaintances to register on the website completely free of charge.
The registered user shall, in all cases, be solely responsible for any eventual effects resulting from that invitation.
Users who pass on the email address and/or personal details of third parties are obliged to notify the interested party in advance and obtain their verbal consent before passing these third party details on to Coinshare.
The registered user who provides the personal details of family members, friends or acquaintances shall be held solely and personally responsible for the veracity and accuracy of the details provided.
These guests (family members, friends or acquaintances) may at any time request the cancellation of their data by sending an email to: [email protected].
9. PROHIBITION OF ACCESS TO THE WEBSITE
Coinshare reserves the right to prohibit access to the Website at any time and without prior notice in cases of proven or presumed fraudulent use and in all cases when its use breaches these General Conditions.
10. COMMERCIAL INFORMATION PUBLISHED
Coinshare guarantees that it has been authorized in advance by its commercial partners: (1) to use the images, brand names and distinctive signs published; and (2) to publish on the Website the commercial offers of their products and services, all of which derive from the agreements reached with these partners.
Coinshare informs users that these images are indicative and do not necessarily exactly represent the product or service being advertised.
Coinshare cannot be held responsible for the content of information published on the Website given that this is provided directly by its commercial partners.
11. GIFT VOUCHERS
Coinshare reserves the right at its discretion to assign Gift Vouchers (hereinafter also known as a “Bonus”) to registered users.
The use of these bonuses may be subject to a minimum purchase requirement which users will be informed of each time they make a transaction involving a bonus on the Website.
12. LINKS TO OTHER WEBSITES
The Website may contain connections and/or links to other websites belonging to third parties. Coinshare has no control over these websites and therefore has no responsibility whatsoever over their contents and the accuracy, integrity or quality of the information they contain. Users should therefore direct any queries or questions concerning third party links to the administrator or webmaster of those sites.
13. INTELLECTUAL PROPERTY AND BRAND NAMES
Coinshare holds all the rights over the content, design and source code of the Website and, in particular, including but not limited to, over the photographs, images, texts, logos, designs, brand names, trading names and details included on the Website and on its own Website, which has the status of a computer programme. Users are expressly prohibited from the total or partial reproduction of this Website and any of its contents. Users are also strictly prohibited from copying, reproducing, adapting, modifying, distributing, commercializing, broadcasting and/or any other action that might entail an infringement of the current laws governing intellectual and/or industrial property rights.
14. VIRTUAL STATUS OF USERS
Registered users who operate on the Website acquire different statuses depending on the way in which each user chooses to operate on the Website, which is detailed in the “Social Status” table published on the website. This table also indicates the requirements for moving from one status to another. The table and all subsequent modifications thereto form an integral and substantive part of this contract.
15. INDEPENDENCE BETWEEN PARTIES
The parties agree that this contract is of a commercial nature and that each party maintains its absolute legal and business independence. Users may not represent or accept any commitment of any kind on behalf of Coinshare and/or its commercial partners other than in the form expressly described in this contract. Users do not have any powers of representation that may be binding over Coinshare or any of its partners, and therefore these shall not be responsible for any agreements, promises, declarations or proposals made by the user on their behalf without the formal, express and written authorization of Coinshare and/or its partners.
The User is the only person who can be held accountable to any third party for his/her actions and omissions, including – but not limited to – public administrations and bodies, consequently exempting Coinshare from any claim that may result from any action or omission committed by the user. Users shall compensate Coinshare for any claim, liability or damage that Coinshare may incur deriving from the user’s actions or omissions or those of the user’s staff. Coinshare shall only be accountable to users for the claims, liabilities or damages resulting from Coinshare’s breach of the obligations it has expressly assumed in this Contract.
Users are solely responsible for the recruitment, remuneration and dismissal of their employees and collaborators, whatever the type of contract the user has established with them, as well as for compliance with the employment and social security obligations deriving from these contracts.
Users shall also be responsible for complying with any regulations or professional qualification requirements which, if applicable, may be required by the law applying to the user and/or the person/people employed by the user to perform the business activity that constitutes its offering on the web.
Users are solely responsible for complying with all obligations of a commercial, administrative, fiscal or any other nature that may be a requirement of the business activity in which the user engages in as a result of this Contract.
In his/her capacity as an independent businessperson, the user shall manage and operate his/her business at his/her own risk.
The registered users who engage in the activities on the website described in these General Conditions shall receive a compensation (hereinafter also known as “cashback”) in accordance with the terms, conditions and amounts established in the table published on the Website. The table and each subsequent modification thereof form an integral and substantive part of this contract.
The cashback is an amount that corresponds to a value or a percentage which is calculated each time on the value of purchases of products or activations of services – by the user or other people – that are promoted on the Website. The cashback accumulates in the form a virtual wallet (wallet) of the registered user which appears on the latter’s personal web page.
The cashback is expressed as a value or a percentage next to the price of each product or service promoted on the Website in such a way that the registered user is aware at any time of the value that will be distributed among the members of his/her community for each operation promoted.
17. REQUIREMENTS FOR THE ACCRUAL OF CASHBACK
For the registered user to have the right to cashback, it is necessary:
• to be an individual who is resident in the UK, being of legal age and with sufficient legal capacity to enter into a contract, with a valid tax ID number, or a company with a registered tax address in the UK and holding a Tax Identification Code or VAT number.
18. CONDITIONS FOR THE ACCRUAL OF CASHBACK
For every purchase of products or activation of services promoted on the Website, the registered user shall accrue a certain number of Gpoints (hereinafter also known as “points”).
The registered user may check the number of points accrued at any time by going to the specific section on his/her personal web page.
If a purchased product is returned or if a contracted service is cancelled, either by the user or by his/her network of registered users – whatever the reason and/or cause - the user shall not accrue any sums in the form of cashback or any points in his/her personal account.
19. USE OF THE CASHBACK
To use the cashback, the registered user must have reached a minimum confirmed balance of 50 points.
Cashback can only be used to pay for purchases made at stores of MyShop circuit.
To use the cashback, the registered user must have also completed all the personal and fiscal details necessary by filling in all the required fields in the personal profile.
Under no circumstances the registered user will ask that the points to be converted into current currency and to request the transfer to a current bank account or cash payment.
20. TAX IMPLICATIONS OF THE CASHBACK
Any taxes, including self-employed contributions, that are payable by the registered user in relation to any commissions accrued – with the sole exclusion of any fiscal withholding (when applicable) that will be deducted from the cashback, payment of which to the Tax Office is the legal responsibility of Coinshare and the companies under its control – shall be the sole responsibility of the registered user. Therefore at the time of the purchase and subsequent accrual of compensation in favour of the registered user, the user shall permit the issue of a receipt for accrued compensations through which Coinshare or the companies under its control shall issue the payment order and comply with any other corresponding legal obligations (payment of tax withholdings and issue of the relevant tax withholding certificate).
In the case of cashbacks accrued in favour of UK tax residents, whether they are individuals who conduct an economic activity (i.e. they are registered as self-employed workers) or companies, the registered user shall be obliged to notify this circumstance or any modifications thereto in a timely manner, given that these individuals shall be solely responsible for meeting all the corresponding fiscal obligations and for issuing the relevant invoices incurring any indirect taxes that may apply. These payments may be subject to tax withholding at the corresponding rate in accordance with the nature of the commercial activity and tax formalities for administration. If this may occur, the user conducts their business as a self-employed professional or businessperson, he/she expressly authorises Coinshare and the companies under its control to issue on the user’s behalf, during the entire collaboration period, the invoices that document the cashback paid to the registered user. For this purpose, the user will open a specific numbered series of invoices (when applicable) exclusively for issuing these invoices which shall be preceded by Coinshare.
This invoice or “self-invoice” shall be made available on the user’s personal web page and he/she shall be the only person responsible for printing it and using it for all corresponding tax obligations (especially regular and annual tax declarations) and for his/her own records.
Specific PAYE business tax and its formalities will be of responsibility of who is the taxpayer according to the law.
21. DEADLINE FOR THE RIGHT TO RECEIVE CASHBACK
The User’s right to receive a cash cashback expires 1 (one) year after the date on which the minimum amount for the cashback has accumulated. After this period, if the user has not requested payment of the cashback, Coinshare is authorized to reset the cashback amount to zero.
22. CONFIDENTIALITY CLAUSE
The user will treat all data, information or documents that may be provided by Coinshare with the utmost confidentiality, including those referring to third parties and including any information that may come to their knowledge in the execution of the activities covered by this contract, and guarantees that any such information will not be divulged or used for any purpose or use other than those involved directly in these activities.
This obligation of confidentiality shall not apply to information that is in the public domain.
23. LIMITATIONS TO THE USE OF THE WEBSITE
Users may use the Website only in the manner and for the purpose stipulated in this contract and consequently users will have to comply with the technical limitations inherent in this website.
Users may not: circumvent the technical limitations or technological resources of the website; decode, decompile or disassemble the software on the website unless this activity is expressly permitted by law and, even so, within the limits established by that law; make known the software of the website to enable its duplication by others; make a copy of the website unless provided for specifically by law; use the website in any way that is against the law.
24. VARIATIONS TO THE GENERAL CONDITIONS
Coinshare reserves the right to modify and/or update and/or supplement these terms and conditions whenever it deems necessary, without prior notice. The amended version of the General Conditions will be published on the website and will go into effect at the time it is posted.
Use of the website after any such amended General Conditions have been posted will give rise to automatic acceptance by Users of the changes made, users being responsible for checking the latest version of these conditions and sending written notification revoking his/her acceptance of the conditions, if applicable, within 7 (seven) days of the publication of the amendments; once this period has passed, the amendments will be regarded as having been accepted and binding between the Parties.
25. TERMINATION OF THE CONTRACT
Coinshare may at any time and with immediate effect terminate this Agreement by a written notification to this effect to the user in the following cases:
(I) The User’s breach of any of the obligations established in the General Conditions and, in particular, any of the obligations set forth in the following clauses: 13 (intellectual property and brand names); 23 (confidentiality); 24 (limitations to the use of the website). In all these cases, any eventual termination shall be regarded as without prejudice to the right of Coinshare to claim for damages.
(II) If the user’s account is inactive for a period of at least (6) consecutive months. In this case, Coinshare may proceed to delete the inactive account without further ado.
26. FINAL PROVISIONS
The failure of Coinshare to exercise any of its rights as established in these General Conditions does not constitute the waiver of that right nor should it be interpreted as such.
Users do not have the right to transfer or grant their rights and/or obligations to third parties without the express prior written consent of Coinshare. In the event that any of the clauses in the General Conditions should be declared null and void, any such declaration shall not affect either the validity or the efficacy of the other clauses except where such nullification causes an essential and substantive change to the provisions established therein.
27. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed in their entirety by Spanish Law. Any dispute relating to the interpretation, execution and/or termination of the contract between the User and Coinshare that is regulated by these General Conditions shall be submitted to the Courts and Tribunals of the place where the user is resident or domiciled, as detailed in his/her personal profile.
28. DATA PRIVACY
29. CONTACT AND CLAIMS
To contact the Customer Services department of Coinshare you should send an email to the following address: [email protected].
If you wish to contact the relevant departments with regard to fiscal and contractual matters, send an email to [email protected].