IN THE PRIVATE
1. TERMS AND CONDITIONS
Welcome to Global Advertising Internet Network and GAIN Global Trader, New Zealand's own online trading community. These terms and conditions are intended to help keep Global Advertising Internet Network and GAIN Global Trader a safe place to trade.
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY GAIN2UMATRIX.COM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal and lawful rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from GAIN2UMATRIX.COM confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTIONS 2.6 Breach and 3.3 Termination of membership. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR GAIN2UMATRIX.COM MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR GAIN2UMATRIX.COM MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION. ALL ACCUMULATED CREDITS ARE THE PRIVATE MEDIUM OF EXCHANGE FOR THIS PLATFORM THAT HAVE BEEN GIFTED WITHIN THE PROGRAM AND CANNOT BE USED EXTERNALLY. THEREFORE ANY CREDITS WITHIN THE TERMINATED E-WALLET ACCOUNT WILL BE FORFEITED BACK TO THE SYSTEM UPON TERMINATION.
1.2 Amendment of terms and conditions: As Global Advertising Internet Network and GAIN Global Trader operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 1 July, 2019.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
'member' means a registered member of Global Advertising Internet Network and GAIN Global Trader;
'Member Service(s)' means a trade or business service that has been advertised by a Global Advertising Internet Network and GAIN Global Trader member in the Services Category;
'Services' means any one or more of the services offered by Global Advertising Internet Network and GAIN Global Trader Foundation from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that Global Advertising Internet Network and GAIN Global Trader may offer;
'Services Category' means the category on the Global Advertising Internet Network and GAIN Global Trader homepage where members can list services;
'we', 'us' and 'our' are a reference to Global Advertising Internet Network and GAIN Global Trader Foundation;
'you' and 'your' are a reference to you;
'Website' means any Global Advertising Internet Network and GAIN Global Trader website through which the services are offered;
'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, service or job, whether by auction or classified;
'seller' includes any person placing a listing.
2.3 Disclaimer: You expressly understand and agree that:
- 2. SPECIFIC WARNINGS
2.1 The Services: Global Advertising Internet Network and GAIN Global Trader provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. Global Advertising Internet Network and GAIN Global Trader does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another in the form of credit-euro energy exchange current-see to their back-office e-wallet balance that can be used on the Global Advertising Internet Network and GAIN Global Trader platform(s). As a result, even though some of the Services are being referred to as an auction, Global Advertising Internet Network and GAIN Global Trader is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). Global Advertising Internet Network and GAIN Global Trader also provides a Services Category venue where members can be connected with trades people and service providers. Restrictions for using the Services Category are outlined in the Member Services Category Policy.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Global Advertising Internet Network and GAIN Global Trader takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Global Advertising Internet Network and GAIN Global Trader gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
- as to the accuracy or truth of listings;
- that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or
- about the ability of members to complete a transaction, including credit card transactions.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Global Advertising Internet Network and GAIN Global Trader to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Global Advertising Internet Network and GAIN Global Trader's liability and responsibility is excluded in respect of any and all loss or damage, delay of funds or transfer of credit-euro energy exchange current-see, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
- your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Global Advertising Internet Network and GAIN Global Trader disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- where Member Services are offered in the Services Category, Global Advertising Internet Network and GAIN Global Trader disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
- Global Advertising Internet Network and GAIN Global Trader does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
- no advice or information that is obtained by you from Global Advertising Internet Network and GAIN Global Trader or anyone else shall create any warranty by Global Advertising Internet Network and GAIN Global Trader that is not expressly stated in the terms and conditions; and
- responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Global Advertising Internet Network and GAIN Global Trader's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- while Global Advertising Internet Network and GAIN Global Trader may facilitate payment for some items by credit card, Global Advertising Internet Network and GAIN Global Trader is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
- Global Advertising Internet Network and GAIN Global Trader encourages users to top-up their internal e-wallet balances to make payments internally as we transact in credit-euro energy exchange current-see and not fiat currency debt instruments. A minimum recommended balance is €100 Euro Dollars for 100 Credit-Euro. Abuse of this service may cause account losses and suspension to remedy or termination entirely from the Global Advertising Internet Network and GAIN Global Trader platform(s).
- while Global Advertising Internet Network and GAIN Global Trader has systems in place to reduce the risk of credit card fraud, Global Advertising Internet Network and GAIN Global Trader is not responsible for protecting members from credit card fraud. Global Advertising Internet Network and GAIN Global Trader's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
2.5 Indemnity: You agree to release, indemnify and keep indemnified, Global Advertising Internet Network and GAIN Global Trader from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Global Advertising Internet Network and GAIN Global Trader's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies, Job Listing Policies, Message Board Policy and Member Services Category Policy form part of these terms and conditions.
3. BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free unless you are joining the Affiliate Referral Program. You may register as a member if you are resident of the Universal realm and can form a legally and lawfully binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally and lawfully binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Global Advertising Internet Network and GAIN Global Trader to ensure it is kept current at all times. Global Advertising Internet Network and GAIN Global Trader may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Global Advertising Internet Network and GAIN Global Trader's discretion, you may create a business membership in addition to your personal membership.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
3.5 Emails and newsletters: Global Advertising Internet Network and GAIN Global Trader will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Global Advertising Internet Network and GAIN Global Trader products and Services to you. Global Advertising Internet Network and GAIN Global Trader may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
- not to permit any other person to use your user name or membership; and
- not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
4. GENERAL RULES
4.2 Your obligations as a seller
- All listings, bids or communications made through Global Advertising Internet Network and GAIN Global Trader shall be made in good faith.
- You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorized automated means to access the Website or information featured on it for any purpose.
- You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Global Advertising Internet Network and GAIN Global Trader message boards.
- Not withstanding 4.1(4) above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.
- You must list auctions and classifieds in Euro dollars and include GST in the price (except when listing commercial property for lease, which excludes GST) if applicable. You must also include any payment gateway fees (if any). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
- You must not complete a transaction outside of the Global Advertising Internet Network and GAIN Global Trader process or otherwise seek to avoid Global Advertising Internet Network and GAIN Global Trader's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Global Advertising Internet Network and GAIN Global Trader suspending or terminating your membership at the discretion of Global Advertising Internet Network and GAIN Global Trader.
- Contracts for the sale of land, real estate or business ventures must be in writing to be legally enforceable. To receive a share of the success fees from real estate or business ventures, you must have a contract or covenant in writing with Global Advertising Internet Network and GAIN Global Trader. You must not use the Services or the Website to promote items for sale outside the Services.
- You are responsible for any actions taken through your membership. Global Advertising Internet Network and GAIN Global Trader memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorization from Global Advertising Internet Network and GAIN Global Trader.
4.3 Your obligations as a buyer
- Sellers can be located in any country of the Earthly realm that can freely exchange and deliver items anywhere in the world. Sellers outside of this Earthly realm are not permitted to sell on Global Advertising Internet Network and GAIN Global Trader, unless specifically authorized in writing by Global Advertising Internet Network and GAIN Global Trader. Sellers located outside New Zealand must offer at least one of the following payment options to buyers: Pay Now, or payment into their own international Wise bank account. Sellers should not send items outside their own country and remain local or national distributers to avoid international charges or delivery errors and overseas fraud.
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers in other countries, you must ensure that this is clearly indicated in your listing.
- You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Global Advertising Internet Network and GAIN Global Trader has approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to your country, and you must be a registered motor vehicle trader, and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land, real estate, business ventures listed for sale must be in your own country unless you have approved written authority from Global Advertising Internet Network and GAIN Global Trader.
- You may only sell or offer services in our Services Category or in our Travel, Events & Activities Category. All Services Category listings must comply with our Member Services Category Policy. You may only sell bookings and tickets in our Travel, Events & Activities Category. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer's name from any country (either directly with the airline, service provider, or via a travel agent).
- All listings must comply with New Zealand law that comply with international law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(5). You agree that Global Advertising Internet Network and GAIN Global Trader may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(5) at any time.
- To protect your images, we can watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. If you are a retail store or business providing products and services, you must ensure you have indemnity insurance of no less than 10 million euro dollars cover to safeguard yourself and the foundation.
- When you list an item for auction on Global Advertising Internet Network and GAIN Global Trader, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
- Global Advertising Internet Network and GAIN Global Trader classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job on this website, however we recommend to use platform 2, God-zone Credit Exchange GAIN 2U Network for this purpose.
- Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Global Advertising Internet Network and GAIN Global Trader listings to promote a business or website other than one for sale in your listing.
- You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
- For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
- For classifieds, you may choose to sell to any buyer at your discretion.
- You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.
- Listings are not pre-screened for content. Global Advertising Internet Network and GAIN Global Trader reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- You agree to your email address being provided to the buyer when your auction closes.
- You must promptly forward the listed item to the successful buyer on completion of the transaction.
- You must not charge unreasonable amounts for shipping and packaging costs.
- The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand or International classification rating and all information on the classification label.
- The sale of firearms and ammunition remotely on Global Advertising Internet Network and GAIN Global Trader is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms licence and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms licence of the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearms licence. Forms are available at any police station.
You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines.
You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms on the site unless from their own country and bound by the country's laws. Only one firearm may be advertised per listing.
- If you're a motor vehicle trader selling a car online by auction, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer.
If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. For more information visit the Motor Vehicle Traders Register website.
Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Global Advertising Internet Network and GAIN Global Trader, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
- To help maintain quality listings, Global Advertising Internet Network and GAIN Global Trader reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.
- You must be located in a (G.A.T) General Agreement on Trade country eligible to buy under the seal of (G.A.T) on Global Advertising Internet Network and GAIN Global Trader. People outside of these countries are not permitted to purchase items on Global Advertising Internet Network and GAIN Global Trader unless by expressly written agreement and consent.
- Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
- If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
- You must make full and prompt payment for any item you buy.
- You agree to your username and the amount of your bid being publicly shown on the Global Advertising Internet Network and GAIN Global Trader Website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
- If your bid is successful and you do not pay for the item, you will receive a warning from Global Advertising Internet Network and GAIN Global Trader if the seller complains about you. After 3 such complaints, Global Advertising Internet Network and GAIN Global Trader may suspend or terminate your membership.
- You must only access the Adult category if you are at least 18 years old.
- You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction.
- If you use the PayNow facility to pay by credit card, you agree to:
- attempt to resolve the issue with the Seller first, and to inform Global Advertising Internet Network and GAIN Global Trader and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.
- return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.
- Feedback is provided for the purpose of facilitating trading between members on the Global Advertising Internet Network and GAIN Global Trader Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. Global Advertising Internet Network and GAIN Global Trader may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
- You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
- You must not post feedback about yourself or include any contact details or personal information in your feedback.
5. FEES AND ACCOUNTS
5.1 Global Advertising Internet Network and GAIN Global Trader Listing Fees and Success Fees
5.2 Global Advertising Internet Network and GAIN Global Trader Accounts
- Global Advertising Internet Network and GAIN Global Trader charges fees for the use of the Website as a venue.
- Global Advertising Internet Network and GAIN Global Trader's current fees are listed on our fees page in the help section.
- Any non-commission listing fees are charged at the time of listing and are not refundable. Global Advertising Internet Network and GAIN Global Trader may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Global Advertising Internet Network and GAIN Global Trader will only issue refunds in the form of credit to the Global Advertising Internet Network and GAIN Global Trader account of the member. Cash refunds will not be issued. Credits on accounts with Global Advertising Internet Network and GAIN Global Trader are transferable between members and can be used to secure the purchase price of items.
- Global Advertising Internet Network and GAIN Global Trader reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
- If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. The before may not apply to this online service as the credit-euro of the internal infrastructure is our own private medium of exchange and does not incur taxes. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in Euro dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Global Advertising Internet Network and GAIN Global Trader account balances. All internal e-wallet accounts are in credit-euro and can be used to purchase listed items.
- Global Advertising Internet Network and GAIN Global Trader reserves the right to investigate queries regarding the refund of success fees with bidders, other members and any other relevant party.
- Before listing an item, you should review Global Advertising Internet Network and GAIN Global Trader's fees to ensure you are aware of the fees that you will incur.
- You must pay the fees immediately upon demand by Global Advertising Internet Network and GAIN Global Trader.
- Global Advertising Internet Network and GAIN Global Trader encourages members to top-up their trading account(s) to ensure all fees are covered and to make purchases in credit-euro from one member to another.
- Global Advertising Internet Network and GAIN Global Trader maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. Global Advertising Internet Network and GAIN Global Trader accounts can be used for the payment of items sold using the Services. We encourage members to top-up their internal e-wallet account(s) for this purpose by purchasing credit-euro by exchanging from euro dollar to credit-euro to complete any exchange on this website.
- Any payment to your Global Advertising Internet Network and GAIN Global Trader account of an amount less than €10 incurs a €2 handling fee and any payment gateway fees, that is payable to Global Advertising Internet Network and GAIN Global Trader.
- You must settle any negative account balance immediately. Global Advertising Internet Network and GAIN Global Trader reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that Global Advertising Internet Network and GAIN Global Trader incurs when collecting that debt.
- If you have not logged on to the Website for a period of 18 months, any unused balance on your account is forfeited to Global Advertising Internet Network and GAIN Global Trader and your membership will be suspended and/or terminated.
- Global Advertising Internet Network and GAIN Global Trader will ensure that, at all reasonable times, an electronic statement is available to you (on your 'Global Advertising Internet Network and GAIN Global Trader' members login page) that contains the following information: the balance of your Global Advertising Internet Network and GAIN Global Trader account; and records of the past 2000 transactions of your Global Advertising Internet Network and GAIN Global Trader account, or all transactions in the preceding 1000 days if your Global Advertising Internet Network and GAIN Global Trader account has recorded fewer than 2000 transactions for that period; and this statement: "The use of this account (including the conditions relating to closing the account) is governed by Global Advertising Internet Network and GAIN Global Trader's terms and conditions."
- Global Advertising Internet Network and GAIN Global Trader will ensure that, at all reasonable times, you can check the balance of your Global Advertising Internet Network and GAIN Global Trader account on your 'Global Advertising Internet Network and GAIN Global Trader' members login page.
6. GENERAL PROVISIONS
6.1 System Integrity: Global Advertising Internet Network and GAIN Global Trader will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Global Advertising Internet Network and GAIN Global Trader takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Global Advertising Internet Network and GAIN Global Trader assumes no responsibility for the corruption of any data or information held by Global Advertising Internet Network and GAIN Global Trader.
6.2 Resolution of disputes: As Global Advertising Internet Network and GAIN Global Trader is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Global Advertising Internet Network and GAIN Global Trader in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 (9).
6.3 Global Advertising Internet Network and GAIN Global Trader Message Boards: Global Advertising Internet Network and GAIN Global Trader provides Message Boards for the use of Global Advertising Internet Network and GAIN Global Trader members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Global Advertising Internet Network and GAIN Global Trader is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal and lawful responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure: Without prejudice to clause 2.3(1), Global Advertising Internet Network and GAIN Global Trader has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Global Advertising Internet Network and GAIN Global Trader to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Global Advertising Internet Network and GAIN Global Trader.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal and unlawful for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand in compliance with international laws. You submit to the non-exclusive jurisdiction of the Courts of New Zealand in compliance with international laws.
6.8 Intellectual Property Rights: Global Advertising Internet Network and GAIN Global Trader (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
- You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.
6.10 Privacy: Global Advertising Internet Network and GAIN Global Trader collects personal information about you through your use of the Services and the Website, including:
You agree that Global Advertising Internet Network and GAIN Global Trader may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Global Advertising Internet Network and GAIN Global Trader Foundation, our users, or others, for promoting and marketing other Global Advertising Internet Network and GAIN Global Trader products and Services to you, and for any other use that you authorize. You agree to your membership's trading history being published in your feedback.
- your registration details; and
- information relating to your use of the Website and the content you access.
We will not sell or allow third parties to access your private personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Global Advertising Internet Network and GAIN Global Trader Foundation, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Global Advertising Internet Network and GAIN Global Trader to ask whether information has been provided to government agencies.
Information that you share through Global Advertising Internet Network and GAIN Global Trader may be accessed through Global Advertising Internet Network and GAIN Global Trader’s API, and we may charge third parties in various ways for access to our API.
If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Global Advertising Internet Network and GAIN Global Trader will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting Global Advertising Internet Network and GAIN Global Trader or the Disputes Tribunal.
Seller terms and conditions for Pay Now
12. Indemnity and liability
1.1 These are the terms and conditions upon which GAIN Global Trader Foundation (GAIN Global Trader) provides the Seller with the Pay Now service (the Service) that enables the Seller to offer an online credit card payment option to people buying items from the Seller on GAIN Global Trader.
- Sellers' obligations and service levels
2.1 The Seller must have at least 50 feedback (unless otherwise agreed with GAIN Global Trader in writing) and maintain a current Address Verified status at all times.
2.2 The Seller must not add surcharges for payment using Pay Now.
2.3 The Seller agrees to ship goods within three days of notification of payment.
2.4 The Seller agrees to provide comprehensive shipping options on all auctions offering Pay Now. Failure to do so may result in the Seller's Pay Now status being revoked. (This may require an alternative funding source of payment)
2.5 If the goods have been damaged in transit, then it is the Seller's responsibility to refund the Buyer. The Seller may choose to recover this cost by applying for insurance from the shipping company.
2.6 Sellers agree to conduct themselves in good faith, respond to communications with GAIN Global Trader in the event of a dispute, and be bound by the outcome of any dispute resolution process that they enter into with the Buyer.
2.7 In no circumstances should a Seller ship goods outside their own Country unless they are certain of a satisfied result of settlement within a timely manner of 30-45 Days or sooner.
- The Pay Now Service
3.1 GAIN Global Trader will provide the Seller with the option to accept payment by Pay Now when listing an item. It is recommended to top-up the internal e-wallet account with money that is transferred into credit-euro to be transferred from member to another member for any transcation.
3.2 For any listing where the Seller opts to accept payment by Pay Now during the listing process, GAIN Global Trader will:
- Encourage the easier option to top-up their internal e-wallet account for a faster and more controlled transaction.
- Indicate on that listing that payment can be made by Pay Now; and
- Facilitate the option for buyers to pay for the item using Pay Now via your ewallet account, paypal or stripe payment gateways, including any payment gateway fees.
- How funds are held
4.1 GAIN Global Trader will hold the money received from buyers on trust, in an interest bearing account. GAIN Global Trader is authorised to deduct its fees and retain any interest. The Seller will not earn interest on monies held by GAIN Global Trader.
4.2 GAIN Global Trader will hold money indefinitely as the recommended process is to top-up a member's internal e-wallet account(s) through Pay Now that manually transfers money into credits, less any fees to be used in the transaction between seller and purchaser/buyer. GAIN Global Trader will hold the money for up to seven working days, and will then pass the credits on to the Seller's Nominated E-wallet Account. If any money payment is rejected and/or reversed, we reserve the right to deduct any loses from a members credit-line, including penalty fees with or without notice.
4.3 GAIN Global Trader may hold payments for longer periods at its discretion, such as to minimise fraud risks, or if the Seller's Nominated Bank Account is not a Euro bank account. No payment or exchange will be unreasonably withheld.
4.4 To provide the Seller with visibility of payments, GAIN Global Trader will provide the Seller with a Pay Now account where the Seller can view that payments have been made by the Buyer, before being transferred to the Seller's Nominated E-wallet Account. The Seller acknowledges that payments into the Seller's Pay Now Account are not a guarantee of payment into the Seller's Nominated E-wallet Account and can be withdrawn at any time, if the payment deems to be fraudulent or insufficients funds to complete any transaction.
- Charges and Fees
5.1 GAIN Global Trader will charge the Seller a fee for every credit card transaction under this agreement as a fee for facilitating the Service. The fee will be 5.9% of the transaction value and will be deducted from the Seller's Pay Now account. GAIN Global Trader may change this fee at any time with one week's notice.
5.2 In some circumstances, (such as if the Buyer disputes authorising a payment) a bank may Chargeback a payment (a Chargeback). In the event of a Chargeback GAIN Global Trader will refund the 5.9% fee.
- Seller's GAIN Global Trader Account
6.1 Sellers will not be able to list an item if either their General or Payment Ledgers are in debt.
6.2 Sellers with negative account balances may be referred to an off-line collection agency.
- Seller's bank account
7.1 The Seller must have a verified, Wise international bank account in their own currency that includes a Euro Dollar Bank Account which will be the Seller's Nominated Bank Account, unless otherwise agreed with GAIN Global Trader in writing.
7.2 Before the Service to the Seller is enabled, the Seller must complete GAIN Global Trader's bank account or debit/credit card verification process by initiating the €10 Euro Dollar smart phone mobile application start-up plan that kick-starts the internal infrastructure reward system. GAIN Global Trader may require subsequent confirmation of this account if the Seller has not received a payment for three or more months.
7.3 If the Seller wishes to change their Nominated Bank Account, they must complete the bank account verification process for the purposes of account validity and verification to avoid (AML) anti-money laundering crimes. GAIN Global Trader will continue to make payments into the existing Nominated E-wallet Account until the new account is verified. The Seller should still send the goods as per clause 2.3.
- Fraud prevention measures
8.1 GAIN Global Trader employs fraud engines and detection techniques that are designed to protect sellers and buyers. As a result, GAIN Global Trader will sometimes hold or reverse payments or take other steps to protect members.
8.2 GAIN Global Trader has systems in place to reduce the risk of credit card fraud and prevent the unauthorised use of credit or debit cards. Sellers should not release or send goods purchased via Pay Now until notified to do so by GAIN Global Trader. Where GAIN Global Trader is subsequently made aware that a transaction was not authorised by the registered card holder, and the Seller has acted in accordance with GAIN Global Trader's instruction regarding that transaction, GAIN Global Trader will not pass the loss onto the Seller.
8.3 GAIN Global Trader is not liable for falsely declining transactions.
- Reversals, Chargebacks and refunds
9.1 GAIN Global Trader may reverse a payment to the Seller should a Chargeback or an erroneous payment occur. If the payment to GAIN Global Trader is reversed, and if GAIN Global Trader cannot reverse the payment to the Seller automatically, the Seller must pay GAIN Global Trader the reversed amount. GAIN Global Trader may also charge interest while the payment is outstanding.
9.2 In the event that GAIN Global Trader does incur a loss as a result of a chargeback, this chargeback cost may be passed on to the Seller.
9.3 In the event of a Chargeback, GAIN Global Trader will provide reasonable evidence to the bank about the transaction. The Seller may also be asked to provide additional information (including proof of postage.)
9.4 Except as outlined in section 8, GAIN Global Trader is not liable for letting through transactions that result in Chargebacks and loss for sellers. In the event of a chargeback (or refund) GAIN Global Trader will debit the amount from the Seller's Pay Now account/E-wallet account, so that the funds are deducted from the Seller's next payment. Alternatively the Seller can make a payment to their General ledger and transfer the (money) funds via a top-up to their e-wallet account. Any manual involvement from our administration will incur a minimum €5.
- Transaction limits
10.1 Transaction limits apply and may be changed by GAIN Global Trader at any time.
11.1 The Seller accepts that:
- GAIN Global Trader only facilitates the Service, and does not take any part in the sale itself including as an agent for either party.
- GAIN Global Trader's fraud protection systems may from time to time block legitimate payments. In these cases, payment will need to be made by other means.
- GAIN Global Trader makes no warranty that the Service will meet the requirements of all prospective users, or that the Service (including any reports) will be uninterrupted, timely, secure or error free.
- GAIN Global Trader bears no responsibility or liability for any misconduct or mistakes by buyers or other third parties who are involved in the transaction.
12.1 The Seller agrees to indemnify GAIN Global Trader, its officers and employees against any claim or demand made by any third party due to or arising out of the Seller's use of the Service.
12.2 Except as expressly provided in this Agreement all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.
13.1 GAIN Global Trader may terminate this agreement immediately if the Seller breaches either this agreement or GAIN Global Trader's general terms and conditions or engages in conduct that GAIN Global Trader deems inappropriate or unacceptable, including if it deems there to be unacceptable risk.
13.2 Either party may terminate this agreement for any other reason by giving 30 days' notice.
14.1 GAIN Global Trader’s Terms and Conditions as set out on the GAIN Global Trader website form part of these terms and conditions and shall (with all necessary modifications) apply so far as is possible to this agreement.
Code of conduct
This code sets out principles and behaviors that the GAIN Global Trader Community reasonably expects of buyers and sellers participating in online auctions.
Basic Principles The Community expects buyers and sellers to:
Sellers agree to:
- Conduct themselves honestly and in good faith at all times.
- Comply with all laws, including sale of goods and intellectual property laws.
- Comply with GAIN Global Trader's Terms and Conditions
Buyers agree to:
- Describe items fully and accurately and answer questions promptly.
- Respond to emails as soon as possible, and within two working days.
- Ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties.
- Charge only fair and reasonable amounts for shipping and make best endeavors to state shipping costs in listings.
- Not place negative feedback without making best endeavors to resolve issues through email first.
- Not engage in retaliatory feedback or behavior.
- Not subsequently spam previous buyers.
Professional traders agree to:
- Respond to emails as soon as possible, and within two working days.
- Pay for goods purchased as soon as possible, and within a week of the auction closing and receiving payment details.
- Not place negative feedback without making best endeavors to resolve issues through email first.
- Not engage in retaliatory feedback or behavior.
- Not subsequently spam previous sellers.
- Comply with all relevant laws, including the Fair Trading Act 1986 and its regulations and the Consumer Guarantees Act 1993.
- Ensure goods are of acceptable quality, safe and durable, and draw attention to any defects.
- Ensure goods are fit for the purposes including any purposes indicated in the listing.
- Act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.
Advertising Code of Ethics
1. All advertisements must comply with the laws of New Zealand in compliance with International laws.
2. No advertisement should impair public confidence in advertising.
3. No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer.
4. All advertisements should be prepared with a due sense of social responsibility to consumers and to society.
5. All advertisements should respect the principles of free and fair competition generally accepted in business.
1. Identification - Advertisements should be clearly distinguishable as such, whatever their form and whatever the medium used; when an advertisement appears in a medium which contains news or editorial matter, it must be presented so that it is readily recognised as an advertisement.
2. Truthful Presentation - Advertisements should not contain any statement or visual presentation or create an overall impression which directly or by implication, omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to deceive or mislead the consumer, makes false and misleading representation, abuses the trust of the consumer or exploits his/her lack of experience or knowledge. (Obvious hyperbole, identifiable as such, is not considered to be misleading).
3. Research, Tests and Surveys - Advertisements should not use tests and surveys, research results or quotations from technical and scientific literature, in a manner which is misleading or deceptive.
4. Decency - Advertisements should not contain anything which clearly offends against generally prevailing community standards taking into account the context, medium, audience and product (including services).
5. Offensiveness - Advertisements should not contain anything which in the light of generally prevailing community standards is likely to cause serious or widespread offence taking into account the context, medium, audience and product (including services).
6. Fear - Advertisements should not exploit the superstitious, nor without justifiable reason, play on fear.
7. Violence - Advertisements should not contain anything which lends support to unacceptable violent behaviour.
8. Denigration - Advertisements should not denigrate identifiable products or competitors.
9. Testimonials - Advertisements should not contain or refer to any personal testimonial unless it is genuine, current, related to the experience of the person giving it and representative of typical and not exceptional cases. The claims in the testimonial should be verifiable.
10. Privacy - Unless prior permission has been obtained an advertisement should not portray or refer to any persons, whether in a private or public capacity, or refer to any person's property, in a way likely to convey the impression of a genuine endorsement.
11. Advocacy Advertising - Expression of opinion in advocacy advertising is an essential and desirable part of the functioning of a democratic society. Therefore such opinions may be robust. However, opinion should be clearly distinguishable from factual information. The identity of an advertiser in matters of public interest or political issue should be clear.
12. Safety - Advertisements should not, unless justifiable on educational or social grounds, contain any visual presentation or any description of dangerous or illegal practices or situations which encourage a disregard for safety.
RULES OF ENGAGEMENT
1. As a Subscriber or Affiliate Member of this platform you are deemed to have read and accepted our ‘Terms and Conditions’ and ‘Rules of Engagement’ and other worded information on this website.
2. A Subscriber or Affiliate Member must be a (FAM) Financially Active Member to benefit from any commissions and incentive rewards paid from the pre-set parameters of the administration infrastructure of the website, otherwise any payments received can be withdrawn with or without notice and the account(s) suspended and blocked until remedied.
3. Members who have started on the €10 Euro Dollar mobile smartphone app are required to sponsor 10 new subscribers within the first month of joining and adding 1 new subscriber each month thereafter in a one month pre-launch capacity.
4. Members can use either their e-wallet account balance or the payment gateway if they have no available credits to upgrade to the gain2umatrix.com advertising platform to exchange their credits. There is an initial one-time €250 setup pledge and €20 Euro Dollars each month thereafter service pledge.
5. Members must be peaceful, respectful, honorable, responsible and accountable in all transactions with other Members of this website at all times.
6. Members who use the services on this website accept accountability of their e-wallet account and must ensure that their profile information is accurate, true and correct to the best of their knowledge.
7. Members must keep their password(s) secure and are not permitted to share it with anyone. It is recommended to use a long password with assorted numbers, symbols, upper and lower case characters.
8. Members who participate with this website are fully aware we are an affiliate referral marketing network that sponsor people to join and refer items to be advertised to receive commissions and incentive rewards.
9. All commissions and incentive rewards earned or received by the GAIN Foundation to your private e-wallet accounts are in credit-euro current-see (energy) exchange, our own private medium of exchange that can be used to purchase, harmless items on this advertising platform.
10. Members must give an accurate description of the item(s) they intend to list with clear images and priced competitively in comparison to current estimated market values.
11. All transactions must be completed in a timely manner within 7 days locally, 14 Day nationally and 28 Days internationally or in a timeline that is stipulated in any advertisement.
12. All transactions will be less a 10% Tithe that is transferred to a GOD Wallet.
13. Members are required to remedy any transaction deemed unethical, deceptive, misleading, dishonorable or considered bad business dealings within 3 days of any bad transaction. Failure to remedy will result in suspension of an account and/or termination entirely which will result in loss of any accumulated credits.
14. Members who sponsor other members must be responsible and accountable to reporting any suspicious bad behavior of those members. Bad association spoils useful habits and other members can be affected through simple association.
15. Members must refrain from using any images or terminology that are vulgar, sexual, contain nudity, pornography, child trafficking, drugs related, discriminating, demeaning, threatening, abusive, violent, racist, gender related or any other communication that may give the wrong impression to others. We will not tolerate bad behavior, corruption, fear-mongering, illegal and unlawful activity, threats of violence and abuse of position or power or usurping of power.
16. Members who are convicted of a proven criminal offence, that we feel may harm the interests or reputation of the foundation and its members, shareholders, business alliances or international connections, under the jurisdiction of natural law will be immediately terminated from this program. This will result in the loss of all credits as the credits cannot be used external to this system as they are the private medium of exchange of the GAIN Foundation.
17. Members who transfer credit-euro by voucher to the Godzone Credit Exchange of platform 2 must abide by the rules of engagement in union with platform 1 GAIN 2U Matrix. The affiliate infrastructure has membership plans that have an internal subscription value. This value is shared 50/50 with your direct sponsor.
18. All internal credit-euro is the private medium of exchange of Global Advertising Internet Network Foundation and cannot be used external of the system. The credit-euro cannot be exchanged, bartered, transferred, swapped or used publicly. The exchange is private and exclusive to members and subscribers only. Our service is an online marketing tool for sovereign creditors to exchange their energy with other sentient-beings of all nations.
We conclude by asking all members to bring NO HARM to self, other living-beings that we co-exist with and their property or environment. To love Supreme Creation, yourself and your neighbor and to remember that your effort to create is yours to own and your share of this system in a collective and cooperative mahi-tahi with other member alliances.
PUBLIC GAZETTE NOTICE
Each platform requires each member to sponsor 10 New Subscribers within the first month of joining and adding 1 New Subscriber each month thereafter to qualify for the incentive rewards from each plan. Members can transfer credits from one platform to another by a voucher from the members back-office login area of each platform.
Platform 1 is used to transition from fiat currency to credit-euro current-see energy exchange.
Platform 2 is used to increase your credit-euro credit-line on a weekly basis.
For more information please visit the websites of gain2umatrix.com and gain2unetwork.com and read the frequently asked questions and website information.
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of all services (our “Services”) provided by gain2umatrix.com and gain2unetwork.com of Global Advertising Internet Network (“Unincorporated Foundation,” “we,” or “us”).
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf, and (iii) you have power of attorney over any and all shareholders (if any) of such legal entity to act on their behalf.
2. ACCOUNT REGISTRATION
You must create an account with GAIN Foundation to access the Services (“Account”).
When you create an Account, you agree to:
(a) create a strong password that you do not use for any other website or online service;
(b) provide accurate and truthful information;
(c) maintain and promptly update your Account information;
(d) maintain the security of your Account by protecting your Account password and restricting access to your computer and your Account;
(e) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and
(f) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
When you create an Account, we assign you an account identifier that you must retain to access your Account.
3. DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
4. ASSUMPTION OF RISK
You acknowledge and agree that there are risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account.
You acknowledge and agree that GAIN Foundation will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. GAIN Foundation takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including, but not limited to, any losses, damages or claims arising from:
(a) passwords being "Bruteforced",
(b) server failure or data loss,
(c) forgotten passwords,
(d) corrupted wallet files,
(e) incorrectly constructed transactions or mistyped bank credit information or wallet addresses; or
(f) unauthorized access to mobile applications,
(g)"phishing," viruses, third-party attacks or any other unauthorized third-party activities.
5. THIRD-PARTY SERVICES AND CONTENT
In using our Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”).
We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
6. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not violate or breach any law, contract, covenant, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. You must not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use our Services to pay for, support or otherwise engage in any illegal and unlawful activities, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Engage in Automated Data Collection (scraping) unless such Automated Data Collection is confined solely to search indexing for display on the Internet;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
Introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
Develop any third-party applications that interact with our Services without our prior written consent;
Poach any member with the intention to manipulate their decision away from this platform;
To compete with GAIN Foundation which in our view is direct conflict to other members;
Provide false, inaccurate, or misleading information; and
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
7. USER-GENERATED CONTENT
7.1. Responsibility for User-Generated Content - You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content. We have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any GAIN Foundation terms or policies.
7.2. Ownership of Content & Right to Post - If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
7.3. License Grant to Us - We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, pass and display your content, and make incidental copies as necessary to render the Website and provide the service.
7.4. Moral Rights - You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section 7.3.
7.5. To the extent this agreement is not enforceable by applicable law, you grant GAIN Foundation the rights we need to use your content without attribution and to make reasonable adaptations of your content as necessary to render the Website and provide the service.
8. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Foundation or Foundation logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Foundation Materials”) are the proprietary property of GAIN Foundation or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.
Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to polygonscan.com with appropriate and specific direction to the original content.
“GAIN” the Foundation logo, and any other Foundation product or service names, logos or slogans that may appear on our Services are trademarks of Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You will not use any trademark, product or service name of GAIN Foundation without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of GAIN Foundation. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GAIN Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and Foundation names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
10. SUSPENSION; TERMINATION
In the event of any Force Majeure Event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for GAIN Foundation, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services.
We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
11. COOKIE STATEMENT
We also use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what pages are browsed and general transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the platform. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us.
Your continued use of this site, as well as any subsequent usage, will be interpreted as your consent to cookies being stored on your device.
12. PRIVACY & POLICIES
Please see our detailed Privacy & Policies.
13. DISCLAIMER OF WARRANTIES
(a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
(b) YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, TROJAN VIRUS AND THIRD-PARTY ATTACKS, INCORRECT INPUT OF DATA OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
14. LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL GAIN FOUNDATION, OUR DIRECTORS, SHAREHOLDERS, MEMBERS, SUBSCRIBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE FOUNDATION MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM GAIN FOUNDATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GAIN FOUNDATION’S RECORDS, PROGRAMS OR SERVICES.
You agree to defend, indemnify and hold harmless GAIN Foundation (and each of our officers, directors, shareholders, members, subscribers, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to:
(a) your use of, or conduct in connection with, our Services;
(b) any Feedback you provide;
(c) your violation of these Terms; or
(d) your violation of any rights of any other person or entity.
16.1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with GAIN Foundation for the Services or for any other Foundation product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with GAIN Foundation, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
16.2. Amendments. We reserve the right to make changes, updates, modifications or amendments to these Terms from time to time, in our sole discretion. Amended Terms will become effective immediately on the date they are posted to the Services unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Services after such changes become effective. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.
16.3. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
16.4. Severability. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
16.5. Force Majeure Events. GAIN Foundation will not be liable for any loss or damage arising from any event beyond GAIN Foundation’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, financial market crash, communications, power failure, internet service connection or equipment or software malfunction (each, a “Force Majeure Event”).
16.6. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from GAIN Foundation, including by operation of law or in connection with any change of control. GAIN Foundation may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
16.7. Financial Market Crash. If there is a world-wide financial crisis that effects the legal tender (fiat currency and money), our energy exchange current-see that is based on the euro dollar as a capital pricing index and bench-mark value for one credit will cease and the accepted covenant of the AU Gold Standard Authority of our Members will be based on (1) one gram of pure AU Gold Bullion value for one credit.
ADDITIONAL TERMS OF GAIN2UNETWORK
Arc of the Covenant (Kawenata)