I. GENERAL PROVISIONS
1. These Terms and Conditions govern the rights and obligations of the parties joining the Goldmine Marketing Programme. This set of regulations constitutes the terms and conditions for the provision of electronic services.
2. The organizer of the marketing program and the owner and operator of the Site is G2A.COM LIMITED with registered office at 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, incorporated under the number 2088957.
3. The Marketing program is limited to one account per household or legal entity as determined by G2A.COM.
4. These Terms and Conditions and the rules set out herein constitute a binding agreement between the User and G2A.COM.
5. The User hereby declares that he or she is at least eighteen (18) years (or has reached the legal age of majority which - in the light of the law of his or her country gives the User the right to enter into a legally binding contract), has full legal capacity and consents to the conditions set out in these Terms and Conditions. If the User acts on behalf of a legal entity – the User hereby asserts to G2A.COM that User is authorized to enter into commitments arising from the execution of this Agreement for and on behalf of such legal entity, and acceptance of these Terms and Conditions by such User shall be equivalent to acceptance by such legal entity.
6. G2A.COM does not allow and does not agree to any violation of the law or third parties rights by Users, in particular intellectual property rights, copyrights, personal data protection rules and principles of fair competition.
7. All texts, graphics, interactive features, logos, images, files, software and all other materials used by the Goldmine Site, except for those placed, transmitted, made available, published by Users, as well as the selection, organization, coordination, compilation of materials and the overall look of the Site are the intellectual property of G2A.COM. The said property is protected by copyright, design rights, patent rights, trademark rights and other legislation, including international conventions and ownership. All such rights are reserved by G2A.COM. All trademarks, brand and trade names are the property of G2A.COM. Without the express permission of G2A.COM, the User may not sell, distribute, copy, modify, reproduce, publicly display or transmit, publish, edit or adapt such elements, license them to other entities, build derivative works from, or use in any another manner.
8. G2A.COM is NOT an electronic money institution.
10. G2A.COM reserves the right to amend, change or modify these Terms and Conditions, which it may do at its sole discretion at any time by posting the amended Terms and Conditions on the Site. The User is therefore obligated to regularly check these Terms and Conditions, and any User that continues to use the Goldmine Marketing Programme after the posting of amended Terms and Conditions shall have been deemed to accept the amended Terms and Conditions. Unless provided otherwise, amended Terms and Conditions shall come into force automatically seven (7) days after their publication on the Site.
II. BASIC DEFINITIONS
If these Terms and Conditions do not contain a definition, any words spelled with a capital letter shall have the same meaning as in the Terms and Conditions published on www.g2a.com.
G2A.COM - owner and operator of the Site referred to in Section I, paragraph 2 above.
Site - a group of related websites that are hosted on the Internet from the address www.g2a.com/goldmine.
General Site - a group of related websites that are hosted on the Internet from www.g2a.com address other than the address www.g2a.com/goldmine.
User - any natural or legal person who makes use of the Site and any of its functions and that has registered on the Site.
Terms and Conditions – these Terms and Conditions which establish a set of rules for the use of the Site and the rights and obligations of Users and G2A.COM, which constitute a set of rules for the provision of electronic services.
General Terms and Conditions - a set of rules published at www.g2a.com including the rights and obligations of Users, Sellers and G2A.COM, which constitute a set of rules for the provision of electronic services.
The Goldmine Marketing Programme or Goldmine – an affiliate program set out in these Terms and Conditions, with which the Users can search for persons who may purchase the products or services offered through the General Site and earn benefits if such “reflinked” person decides to purchase.
Reflink - a special website address generated by the specific functionality of the Site, containing a unique identification of the User, serving as a tool for the User to invite new Users to take advantage of the services offered on the General Site. When clicking on the link, the reflinked person can see the offers of products or services offered on the General Site. The Reflink may refer either to the specific product or service offered through the General Site or to the General Site’s home page.
Reflinked Person – a person who clicked on the Reflink placed by the User and bought a product or service offered through the General Site. A reflinked person of the second or third relation level is a person who registered on the Site and has the status of a User.
The level of relation –Users are connected by a level of relation by Reflink Reflinked Persons and further reflinked persons. Level 1 - direct recommendation of the Reflinked Person made by the User himself, level 2 - the person recommended by the level 1 Reflinked Person, which was earlier recommended by User, level 3 - the person recommended by the level 2 Reflinked Person.
III. GOLDMINE MARKETING PROGRAMME
1. The Goldmine Marketing Programme is a system that allows Users to obtain financial benefits when a directly or further Reflinked Persons ( i.e. 1st, 2nd or 3rd level relation) purchases products or services through the General Site.
3. The Site allows Users to create Reflinks.
4. To obtain benefits through Goldmine, the User can place a User created Reflink assigned to their account in any viable place. A user must not send unsolicited email (so called spam) containing Reflinks, and must - before placing a Reflink - read the terms of any such sites and verify that Reflink placement does not violate any of the site rules.
5. Users that participate in Goldmine may receive financial benefits from said participation as a result of purchases of products or services, made by Reflinked persons of all levels of relations through the General Site or by persons reflinked by the reflinked persons within the scope indicated below. Any financial benefit received by User is gross remuneration including VAT if the activities for which remuneration is paid is subject to VAT for which User is solely responsible.
6. Each product or service offered through the General Site is labelled with information on the maximum amount of remuneration that may be obtained by a User if such product or service is purchased by a Reflinked Person. The amount is denominated in EUR. The User acknowledges and agrees that some products and services, as determined by G2A.COM in its sole discretion, are not covered by the Goldmine Marketing Programme.
7. If a reflinked Person, of any level relation, of User utilizes the reflink of a different User (hereinafter “different User”) then User may cease to receive remuneration for said reflinked Person and future reflink remuneration and any new further Reflinked Persons shall be associated with different User according to the Terms and Conditions as set forth herein. The time periods indicated in paragraph 10 below do not reset by virtue of a reflinked Person moving from User to different User.
8. Regardless of the remuneration referred to in paragraph 6 above, the User will also receive remuneration for purchases made through referrals up to the third level. This means that the User receives remuneration for purchases made by the directly Reflinked Person (first level relation), the reflinked person (second level relation) and the further reflinked persons (third level relation).
9. In order to receive the remuneration for purchases of products or services, it is necessary that persons of any relation level must pay the full price of any given product or service on General Site.
10. The process of calculating the amount of remuneration starts with a User having met all the obligations specified in this section, particularly in paragraphs 4, 5 and 8. The User’s remuneration is calculated using the variable percentage rates indicated below and the specific time periods for which remuneration is calculated are considered individually for every Reflinked Person and begin to operate from the day of:
a) a purchase by that Person of products or services through the General Site, as well as the purchase of such products or services by the further reflinked persons to the extent referred to in paragraph 7 - if the Persons referred to in this point have not registered on the Site,b) registration on the Site of the Reflinked Person and further reflinked persons to the extent referred to in paragraph 7.
The remuneration for User during the first 180 days is to be calculated as follows:
a) for a purchase made by a Reflinked Person - 100% of the remuneration specified for a given product or service sold on the General Site,
b) for a purchase made by a person with a second level relation - 60% of the remuneration specified for a given product or service sold on the General Site,
c) for a purchase made by a person with a third level relation - 40% of the remuneration specified for the product or service sold on the General Site.
After the 180 days period referred to above, for the next 180 days the remuneration is to be calculated as follows:
a) for purchases made by the Reflinked Person - 50% of the remuneration specified for a given product or service sold on the General Site,
b) for a purchase made by a person with a second level relation - 30% of the remuneration specified for a given product or service sold on the General Site,
c) for a purchase made by a person with a third level relation - 20% of remuneration, determined for the product or service sold on the General Site.
After a period of 360 days, which includes the above-mentioned two periods of 180 - days the remuneration is to be calculated as follows:
a) for purchases made by the Reflinked Person - 25% of the remuneration specified for a given product or service sold on the General Site,
b) for a purchase made by a person with a second level relation - 15% of the remuneration specified by the product or service sold on the General Site,
c) for a purchase made by a person with a third level relation - 10% of remuneration , determined for the product or service sold on the General Site.
After a period of 540 days, which includes the above-mentioned periods of 360 days and 180 days - for the subsequent periods up to the termination of the account the remuneration will be fixed and will be calculated as follows:
a) for purchases made by the Reflinked Person - 10% of the remuneration specified for a given product or service sold on the General Site,
b) for a purchase made by a person with a second level relation - 6% of remuneration determined for the product or service sold on the General Site,
c) for a purchase made by a person with a third level relation - 4% of remuneration , determined for the product or service sold on the General Site.The below examples are illustrative of different possible user, referral, time and remuneration combinations, other combinations are possible and the below examples are by no means exhaustive. The below examples assume that no more than 180 days have passed.
Example 1: User "A" placed his Reflink within a social network, which was clicked on by User "B" (the Reflinked Person) who, having familiarized himself with the offer of the Site and the benefits of the products and services and purchase methods then made a purchase through the General Site and bought a product. The information that User will receive EUR 5 for a purchase by a Reflinked Person is visible on the General Site to User. Then User “C” of the 2nd relation level purchased a product using a reflink made by the Reflinked Person which was labeled with a EUR 10 benefit. Subsequently User “D” of the 3rd relation level purchased a product using User C’s Reflink and information could be seen that for a purchase made by a Reflinked Person, the User shall receive e.g. EUR 4.
In such a scenario User "A" will receive the following remuneration:
- EUR 5 for the purchase made by the Reflinked Person (User “B”),
- EUR 6 for the purchase made by the User “C” – 2nd level relation (60% x EUR 10),
- EUR 1,6 for the purchase made by User “D” – 3rd level relation (40% x EUR 4).
User "B" will receive:
- EUR 10 for the purchase made by User "C",
- EUR 2,4 for the purchase made by the User “D” – 2nd level relation (60% x EUR 4), etc.
Example 2: User “A” placed his Reflink within a social network, which was clicked on by User “B” (the Reflinked Person) who, having familiarized himself with the offer of the Site and the benefits of the products and services and purchase methods then made a purchase through the General Site and bought a product. The information that a User will receive EUR 5 for a purchase by a Reflinked Person is visible on the General Site to User. Then User “C” of the 2nd relation level purchased a product using a reflink made by the Reflinked Person which was labeled with a EUR 10 benefit. Next User “B” uses the reference link from User “E” and purchases a game that has a EUR 8 benefit. Subsequently User “D” of the 3rd relation level purchased a product using User C’s Reflink and information could be seen that for a purchase made by a Reflinked Person, the User shall receive e.g. EUR 4. Finally, User “F” purchases using the reflink from User “B” a product marked with a EUR 10 benefit.
In such a scenario User "A" will receive the following remuneration:
- EUR 5 for the purchase made by the Reflinked Person (User “B”) when linked directly, prior to clicking on E’s reflink,
- EUR 6 for the purchase made by User “C” – 2nd level relation (60% x EUR 10)
- EUR 1,6 for the purchase made by User “D” – 3rd level relation (40% x EUR 4),
- EUR 4,8 for the purchase made when B uses a reference link from User E, (A shall receive 60% from each such subsequent purchase of B after B selects E’s reflink, 60% x EUR 8)
User "B" will receive:
- EUR 10 for the purchase made by User "C",
- EUR 2,4 for the purchase made by User “D” – 2nd level relation (60% x EUR 4)
- EUR 10 for the purchase made by User “F” – 1st level relation
User “E” will receive:
- EUR 8 for the purchase made by User "B",
- EUR 6 for the purchase made by User “F” – 2nd level relation (60% x EUR 10), etc.
User is not entitled to any remuneration if he or she has made any purchase through the Reflink assigned to the User’s account. G2A.COM may suspend a User's account for 12 months if a situation described in the preceding sentence occurs.
13. The benefits of the Goldmine Marketing Programme can be acquired by both Users registered on the Site and on the General Site who have purchased a product or service, as well as Users who are registered on the Site but only receive benefits from Goldmine by making purchases through Reflinks of the second and third level - without using other functionalities of the General Site and solely for the purpose of obtaining benefits from the Goldmine.
14. G2A.COM declares that the participation in the Goldmine Program is voluntary and the User is not required to make purchases of products and services offered on the Site nor is he obliged to Reflink any person, nor forced to take part in any other marketing activities.
15. G2A.COM is obligated to inform the User in clear and understandable manner on:a) the main characteristics of the service and the way of communicating with the User;b) the data identifying G2A.COM, in particular the name of the competent authority which has registered G2A.COM and its registration number;c) the address of G2A.COM, e-mail address and telephone number if available, at which G2A.COM may contacted by the User;d) address where complaints can be submitted (if it is different than set forth in point c) above);e) the total price or remuneration for the services including tax, as well as any costs associated with the freight, delivery, postal and any other charges, if it is impossible to assess the amount of these charges then to convey to User a duty to pay the aforementioned charges;f) costs for using a means of distance communication in order to execute the agreement it these costs are higher than costs usually used;g) the method and term of payment pursuant G2A Pay Terms and Conditions; h) the method and term of performance of the service by the Seller and on the Seller’s complaint handling policy;i) absence of a right of withdrawal in circumstances where the User loses the right of withdrawal;j) existence, terms and conditions and method of performance of warranty and aftersales services;k) minimum duration of Users’ commitments arising from the agreement;l) the functionality, including applicable technical protection measures, of the digital content;m) the relevant interoperability of digital content with hardware and software that the Seller is aware of or can reasonably be expected to have been aware of;
16. G2A.COM is obliged to provide the User with the confirmation of the contract execution, on a durable medium within a reasonable time after the execution of the contract. Such confirmation should contain information referred to in paragraph 15 of section III above unless the Seller has provided that information to the User on a durable medium prior to the execution of the distance contract.
17. The obligation referred to in paragraph 15 and 16 of section III above are binding for G2A.COM only for Users from the European Union being consumers and only in respect of contracts executed after the 24th December, 2014.
18. No remuneration shall be granted for purchases made by the reflinked persons of any relation that include Shield cashback. For more information regarding cashback, please see: https://www.g2a.com/terms-and-conditions, art. 5.18.
1. Each registered User on the Site can see the amount of funds he or she has accumulated. This amount is recorded and stored on an individual virtual account of the User in Goldmine. All settlements, withdrawals and other functions in this virtual account are handled in accordance with the G2A Pay Terms and Conditions located at the following location: https://pay.g2a.com/downloads/G2APay-Terms-and-conditions.pdf.
2. Users are obliged to file and pay the tax generated by the remuneration received through Goldmine and the Site on their own behalf.
3. In a situation when the Reflinked Person or the reflinked person of the second or third relation level withdraws from the contract with G2A.COM or the Seller and requests a refund from G2A.COM and G2A.COM (or the Seller) will duly make such a refund, the User acknowledges and agrees that the amount shown on the technical account can be reduced by the sum that has been acquired in connection with the purchase of a product or service by the said person (or persons of any level of relation) G2A.COM [in relation to the profits associated with the purchase, for which price has been reimbursed], or may require the User to return funds equal to the sum which was acquired from the fact of the purchasing of products or services by the Reflinked Person (or persons of any level relation) [in relation to the profits associated with the purchase, for which price has been reimbursed].
4. Users, Reflinked Persons and reflinked persons of any level relation may not enter in collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of money from G2A.COM or by the usage of Goldmine or engage in other activity holding G2A.COM as susceptible to losses, especially to undertake activities that would (or cause) obtain remuneration using Goldmine Marketing Programme in the absence of payment for the goods or services by the Reflinked Persons and reflinked persons of any level relation. Consequently, may not engage in activities that would necessitate G2A.COM (or sellers) to return these funds by G2A.COM to the purchasers of the goods or services. In particular, Users, Reflinked Persons and reflinked persons of any level relation cannot act, jointly or individually, contrary to the rules of social conduct, morality, principles of integrity, loyalty in business and fair competition. If a User engages in behavior specified in this paragraph, G2A.COM has the right to terminate the account agreement with immediate effect and stop all payments on its behalf.
1. The User is obliged to use the Site in a manner consistent with the provisions of the Terms and Conditions, the applicable law and morality and the principles of social conduct.
2. In the case of gaining knowledge by the User of a breach of these Terms and Conditions by another User or any other person, the User is obligated to immediately notify G2A.COM of this fact.
3. The User acknowledges and warrants that he or she has read the Terms and Conditions in its entirety, and accepts its provisions without reservation or exception. The User agrees to the processing of personal data, in particular those in electronic form containing the information necessary to transfer the funds accumulated. The data is processed for the purposes of the agreement between the User and G2A.COM related to the participation in Goldmine. The User has the right to access the content and the data and to correct or change them at any time. Providing personal data is voluntary, but necessary in order to participate in Goldmine and use the full functionality of the Site.
4. The technical condition for the use of the Site is to have a workstation with an operating system installed and access to the Internet and standard software needed to browse the web, including support for cookies (cookie files).
5. To ensure the proper functioning of certain elements of the Site, the User may be required to enable the running of certain software like Java Script, Flash, etc.
7. The User shall exercise care in that a valid e-mail address is always assigned to his account on the Site.
8. The User is entitled to have only one account on the Site, which he or she can only use individually and excluding any third parties, in particular, the User may not share his or her password with any third parties or share the usage of the account with other persons.
9. The User bears sole responsibility for the security of his or her password and any use of the account after logging in with the said password. G2A.COM is not responsible for the use of the account, username or password or any transaction made as the result of an unauthorized entry. The User is solely responsible for the protection of data and information contained in the account or sent to the e-mail address designated by the User. G2A.COM is not to be held liable for any actions resulting from an unauthorized person accessing the account.
10. G2A.COM reserves the right to change or modify the remuneration specified for a given product or service sold on the General Site at any time.
VI. USER' STATEMENTS
1. The User agrees that he or she will not:
a) engage in any activity detrimental to the good name or reputation of G2A.COM or which may have a negative impact on Goldmine, or the products and services sold through the General Site;
b) take any action against the law, morality, rules of social conduct or act in any other way that would be detrimental to the interests of G2A.COM including advertising for any competitor as determined by G2A.COM;
c) violate the provisions of the G2A Terms;
d) provide false or misleading information;
e) illegally attempt to obtain, or obtain, benefits of participation in Goldmine or resulting in unfair obtaining of funds during the course of the contractual relationship between the User and G2A.COM;
f) send to other Users unsolicited commercial communications, especially spam;
g) impersonate anyone or other entity whether actually existing or fictitious, falsely claim to be connected or have business relation with any person or entity, or access the accounts of other Users;
h) use Goldmine, the Site, and the account for any other purpose other than the use of the services as offered by G2A.COM or related to the agreement, or attempt to bypass or disable any security protocols;
i) defame, harass, insult, cheat, threaten other Users, collect or attempt to collect other User personal data or personal information to disclose to third parties without their express written consent;
j) modify, adapt, translate or create derivative works of the Site, or its individual components, Terms and Conditions, etc., or any part thereof;
k) in any way willfully obstruct the operation of the Site and Goldmine or interfere with other Users in the use of it, in particular to place or distribute viruses or other malicious software such as adware, spyware, etc;
l) interfere or attempt to interfere with the operations of the Site or any activities performed by using the Site and Goldmine;
m) undertake actions to acquire the passwords of other Users, including attempts to guess passwords, infer them in any way or intercept them by the usage of any form of software;
n) make the account or any of its functionalities available to third parties for a fee or any form of payment; and/or
o) participate in Goldmine to take actions related to money laundering or activities posing any risk for G2A.COM being accused of using Goldmine for money laundering.
2. The Users consent to receive commercial information on the Site, the General Site and Goldmine from G2A.COM, to the e-mail address provided during the registration on the Site. The User may, at any time, revoke his or her consent.
3. The User accepts the Terms and Conditions and agrees that his nickname will be visible to other users of the Site.
4. Any User that engages in, or attempts to engage in conduct that breaches any of the above enumerated User Statements found above, violates the G2A Terms, engages in conduct detrimental to G2A.COM or G2A.COM’s interests, as determined solely by G2A.COM, may have his Goldmine account suspended or terminated including any right to future Goldmine proceeds.
5. Any User account that is suspended shall not accrue additional funds and may be restored to full functionality solely at G2A.COM’s discretion.
To the extent permitted by law G2A.COM shall not be liable for and does not guarantee:
a) that any User will receive any minimum remuneration;,
b) against any damage arising from viruses, Trojans, etc., which can be transmitted to the Site or through it by third parties, including Users (including Users to Users transmissions);
c) consequences of the account being accessed by third parties, especially if this was due to reasons attributable to the User, in particular, as a result of a User making their password available to a third party; and/or
d) all actions and their consequences resulting from the breach of these Terms and Conditions or giving false information by the User or by the submission of false or misleading verification data and warranties referred to in these Terms and Conditions.
VIII. TERMINATION OF THE AGREEMENT
1. Both the User and G2A.COM have the right to terminate the agreement.
2. The termination of the agreement as initiated by G2A.COM involves the removal of the User's account and blocking the User’s access to the Site. Deleting the account or blocking access to the Site may take place 14 days after sending of an e-mail to the User containing information on the termination/blocking of access. However, in case of gross violation of the Terms and Conditions of the agreement, G2A.COM can terminate the agreement immediately by instantly deleting the account and/or blocking the access to the Site. By gross violation of the said Terms and conditions G2A.COM means, in particular, the submission of false or incomplete data as referred to in section V, paragraph 6, section VI, or breach of the provisions of section I, paragraph 5, section III and section IV. The terms of paragraph 3 below, the last sentence shall apply accordingly.
3. The User may withdraw from the agreement within 14 days from the date the agreement was executed. G2A.COM shall immediately provide the User, in a durable medium, with acknowledgment of receipt of the notice of withdrawal. Notwithstanding the foregoing, the User may terminate the agreement at any time. The termination of the agreement is followed by the removal of the User account. The User may at any time request, via e-mail, to have his account deleted by G2A.COM. In the said case G2A.COM will delete the account, no later than 3 days from the date of receiving such request from the User. After the expiry of this period the agreement is terminated. If the conditions set out in these Terms and Conditions are met, the User who has not transferred the funds stored on the account loses them irrevocably. This provision does not apply to consumers - in this case, the amounts accrued are valid to the date of the expiration / termination of the agreement and can be transferred to a User's bank account within 14 days from the date of expiration/termination of the agreement.
IX. FINAL PROVISIONS
2. The User hereby consents to and agrees that G2A.COM may transfer the rights and obligations arising from the agreement between G2A.COM and the Sellers and/or the Users to a third party, including the consent to transfer their personal data processed by G2A.COM.
3. All communication with the administration of the Site should be done via email, using the email address: firstname.lastname@example.org.
4. All comments concerning any violation of these Terms and Conditions by any User may be notified with G2A.COM via email to the e-mail address: email@example.com.
5. The User has the right to submit complaints concerning the services provided by G2A.COM through the Site. Complaints should be submitted in an electronic form to the e-mail address: firstname.lastname@example.org. Any answers to the complaints will be sent to the email address from which the User sent the complaint or to any other e-mail address specified by the User.
6. Any provisions which may prove to be invalid or unenforceable shall not affect the validity of the remaining provisions. Ineffective or invalid provisions shall be replaced by valid terms that most closely match the economic purpose, the intention of the parties and the purpose of the replaced provisions which were found ineffective or invalid.
7. Should any inaccuracies arise in the Terms and Conditions due to their translation into any language other than English, the English version of the Terms and Conditions shall prevail.
8. These Terms and Conditions shall come into effect on the 5th of October 2016.