These Terms & Conditions are applicable to the agreement between Be Free LTD, registration number 205748672, a limited liability company incorporated and existing under the laws of Bulgaria, with registered address - Bulgaria, Sofia, 1000, Vazrajdane district, 25, Bratya Miladinovi Str., fl. 3, app. 6. (“Company”, or “Platform Operator”, or “we”) and yourself as the other party entering into this agreement (“You”). You and the Company are hereinafter jointly referred to as the “Parties” and each separately as a “Party”.
The agreement consisting of these Terms & Conditions and other documentation referred to in these Terms & Conditions (“Agreement”, or “Terms”) shall govern Your purchase and/or use of any products and services offered by the Company (the “Goods”/“Services”) on the online marketplace (“GIG-OS Online Platform”) on the website www.gig-os.com.
By using the GIG-OS Online Platform in any way, You acknowledge, represent and warrant that You have reviewed and accepted this Agreement and, if You have indicated that You act on behalf of an entity, are authorized to act on behalf of such entity.
If You do not wish to be bound by this Agreement, do not use, access or register with the GIG-OS Online Platform.
In these Terms, unless the context indicates otherwise:
1.1.1 Client is any legally responsible person who has registered for a Client Account via the Company’s Website and has successfully met verification requirements under the Client Approval Policy.
1.1.2 Client Approval Policy is a policy that covers the Know Your Client procedure (abbreviated as KYC), which means that the Company identifies the Client and also verifies that the actions of the Client comply with the provisions of the current rules of the Company, governing the rights and obligations of the parties.
1.1.3 Client Account means a set of tools and information displayed for the Client on the Company’s Website, and on which the Company also displays information regarding funds received from the Client.
1.1.4 Investment gold bars (or Gold) - high-grade gold in the form of gold bars, with the fineness of no less than 995.0/1000.
1.1.5 Message Box means the secure electronic communication tool available for use in the Client Account.
1.1.6 Order means a request made by You via Your Client Account to buy or sell goods.
1.1.7 Online Platform GIG-OS Subscription means a right to receive a certain set of services (advantages) on the GIG-OS Online Platform after Digital Activation Code has been used by the Client.
1.1.8 Digital activation code (or DAC) means an electronic code that activates GIG-OS Online Platform Subscription.
1.1.9 Gift Card means a prepaid electronic code which can be used as a method of payment for relevant purchase.
1.1.10 Password means an alphanumeric sequence of at least eight characters, containing at least one digit and one letter that you use to access your Client Account.
1.1.11 Proforma Invoice is an invoice, with regard to the set price of goods, issued by the Company to the Client after placing the Order.
1.1.12 Site or Website means www.gig-os.com.
1.1.13 Seller means a company which sells goods through the GIG-OS Online Platform according to the agreement on promotion and selling of the products.
1.2.1 Clauses: references to sections, clauses, sub-clauses, paragraphs or sub-paragraphs are references to this Agreement’s sections, clauses, sub-clauses, paragraphs or sub-paragraphs.
1.2.2 Gender: words describing one of the genders specified.
1.2.3 Headings: clause and other headings are for ease of reference only and do not form any part of the context or affect these Terms’ interpretation.
1.2.4 Persons: references to persons include references to individuals, companies, corporations, firms, partnerships, joint ventures, associations, organizations, trusts, states or agencies of state, government departments, state owned enterprises and municipal authorities in each case whether or not having separate legal personality.
1.2.5 Plural and Singular: singular words include the plural and vice versa.
1.2.6 Statutes and Regulations: references to any statutory provision include any statutory provision which amends or replaces it, and any subordinate legislation made under it.
The GIG-OS Online Platform is a communication and information tool (available online) aimed at effective interaction in the field of financial education, analysis of the precious metals market, enabling online transactions, buying and selling goods, facilitating mutually beneficial cooperation to boost sales.
3.1.2 Due to your consent to abide by these Terms, you can log in and use the Site (including any random copying that occurs as part of this use) in the usual manner, and you can also print one copy of any page of the Site for your personal non-commercial use.
3.1.3 You are prohibited from adding any content to the Site:
22.214.171.124 If you do not have all the necessary rights, licenses and permissions for this;
126.96.36.199 If such content entails a violation of any law, regulation, rule, code or other legal obligation on your or our side;
188.8.131.52 If such content is obscene, inappropriate, defamatory, degrading, indecent, seditious, offensive, pornographic, threatening, harassing, inciting ethnic hatred, discriminatory, blasphemous, violating trust or violating confidentiality;
184.108.40.206 If such content damages the Site’s reputation; or
220.127.116.11 If such content violates the intellectual property or other rights of any person;
and You are jointly and severally liable for losses of the Company.
The Site contains links to other websites as well as content added by other people. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
You acknowledge and agree that:
We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time at our sole discretion;
1. The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
2. The Company retains ownership of the Site, including any variations, improvements, and developments.
3. Regarding the use of the Site, having received username and password, you further undertake obligations under no circumstances to copy any intellectual property compete with the Company and/or GIG-OS Online Platform or copy information from the Company’s Website without the prior consent.
4.1.1 Nothing in these Terms permits the transfer of any intellectual property rights to trademarks used by the Company on the Site, in materials and documents.
4.1.2 By posting or adding any content to the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use this content in any way (including, without limitation, by reproducing, changing and providing content for public review) and you permit us to authorize any other person to do the same at their sole discretion.
If you add any content in which any third party has rights, you must also ensure that the third party gives consent in the same manner.
4.3 Survival clause
Your undertakings under clause 3.3 and the license in sub-clause 4.1.2 and clause 4.2 will survive any termination of these Terms.
4.4.1 You represent and warrant that you:
18.104.22.168 Have all the necessary rights to grant the licenses and permits set forth in sub-clause 4.1.2 and clause 4.2 and hold us harmless accordingly;
22.214.171.124 have read these Terms;
126.96.36.199 are 18 years of age or older;
188.8.131.52 have a legal capacity to enter these Terms and be bound by them in your jurisdiction; and
184.108.40.206 have complied with the conditions of sub-clause 3.1.2.
4.4.2 You agree to comply with all laws of Bulgaria governing cooperation between you and the Company.
To the full extent permitted by law, we exclude all:
1. liability in respect of termination of business or any consequential or incidental damages including with respect to use of the Website.
2. assurances, warranties or terms (whether expressed or implied) other than those expressly set out in these Terms.
3. liability for errors, negligence, delay or inability to execute Orders.
4. any requests are processed by us in the shortest time possible, on as-available basis.
5.2 Legislative Considerations
These Terms must be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our discretion:
1. in case of goods: the replacement of the goods or the supply of equivalent goods.
2. in case of services:
1. re-provision of services; or
2. the payment of the cost of having the services supplied again.
6.1 Our policy
6.1.3 Some of the information we collect may be collected automatically by use of a “cookie”. Cookies are small text files that are located on your computer and identify you as a unique user. Cookies enable us to monitor your progress by means of our services and track your status when ordering products from us. You can choose to set your browser to block cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, this may result in you having trouble accessing and using some of our pages and features of our service.
6.2 Authorizations, Access and Alterations
6.2.1 In the event that Company has become aware or there is a reason to believe that you are involved in actions that are illegal in any jurisdiction that we consider relevant (at our absolute discretion), we reserve the right to cooperate fully with government authorities in any part of the world and we will not be bound by any duty of confidentiality to you.
6.2.2 We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that personal data we hold under our control is protected against:
1. loss; and
2. access, use, modification or disclosure of information to anyone, except when permitted by us.
6.2.3 Information about your Client Account is accessible online through the use of a password. To protect the confidentiality of personal data, you must keep your password confidential and not disclose it to any other persons. You are responsible for any use of our service by any person who uses your password. Please notify us immediately if you suspect unauthorized use of your password.
7.1.1 GIG-OS Online Platform access is provided on an individual basis and controlled by your username and password for access. To create a Client Account on our Website, you must comply with our Client Approval Policy requirements. A Client Account cannot be created until this information is provided.
7.1.2 Through the Website you can gain the access to the GIG-OS Online Platform in order to buy Goods/Services provided by us or our associated companies.
7.1.3 After being granted access to the GIG-OS Online Platform you will have a Client Account created for you where you will be the sole user.
7.2 Opening a Client Account
7.2.1 If you comply with our Client Approval Policy, we will open a Client Account for you, to which an individual number will be assigned, and you will receive electronic access to it; we will also provide you with a Message Box for communication, and conduct electronic record of the following:
the quantity and weight in grams of Gold that belongs to you, including shipping information;
any funds on the Client Account;
information on the purchased Goods/Services;
transactions between you (as a Client) and the Company;
fees charged by the Company for the services provided.
7.2.2 After your registration on the GIG-OS Online Platform, we will provide you with an access code and username. Besides, the first time you log into the GIG-OS Online Platform, you will need to select a personal password that you can easily remember, but which will be difficult to guess for anyone else.
7.2.3 Similarly, if your GIG-OS Online Platform password becomes known, or you suspect that it has become known to somebody else, or another person has had any unauthorized access or has taken actions with your products, you must immediately notify us by contacting by e-mail: firstname.lastname@example.org.
7.3.1 You are responsible for all transactions and instructions which have been authorized using your GIG-OS Online Platform Password.
7.3.2 We have no obligation to verify any instruction given to us through your Client Account.
7.3.3 Concerning any issue related to your Client Account or any other issue related to this Agreement, you can reliably contact the Company through your Message Box. You will receive messages from the Company in the same way. You shall be deemed to have received a message posted in your Message Box on the day it was sent. An e-mail notification is also sent to the Client’s e-mail address every time a message is sent to your Message Box, which shall be deemed to have been received on the day on which it is sent in accordance with this clause.
7.4 Contacts and Communication
7.4.1 You acknowledge that the primary method for accessing your Client Account and communicating with us is through the Internet. If you intend to use the Website, your responsibility is to make sure that you have proper Internet access.
7.4.2 You must inform us of any changes to your e-mail address, telephone number, postal address, physical address, bank account details, or any other important information. We will not be held liable for errors made due to incorrect personal information provided.
8.1 We use high-level control and security arrangements, including 128-bit SSL encryption technology. We also strongly recommend that you protect your online personal and product information with up-to-date Internet security software and operating system updates.
8.2 You must not select an unsuitable password. Passwords are considered to be unsuitable if they contain number and combination of letters that can be easily figured out; if they are the same passwords you use for other banking or non-banking services, or if they contain other easily accessible personal information (for example, date of birth, family names, pet names or street names). You must never reveal your GIG-OS Online Platform password.
8.3 Your responsibility
1. take all reasonable steps to avoid being observed when entering your GIG-OS Online Platform Password;
2. not leave your computer unattended when logging into the GIG-OS Online Platform;
3. not reveal your GIG-OS Online Platform Password to anyone (including the police, bank staff or your family);
4. not keep a written record of your GIG-OS Online Platform Password.
9.1 Making a purchase
9.1.1 All payments for goods shall be done to our partner/s. The Company does not accept payments for goods which are offered on the GIG-OS Online Platform.
9.1.2 Payments can be made by a payment card, bank transfer, or through a special payment system. Any funds received from you will be recorded on your Client Account and can be tracked by you through your Client Account.
9.1.3 In order to make a purchase you need to choose the goods and its quantity. Thus, an Order will be submitted to the relevant Seller through the GIG-OS Online Platform.
9.1.4 After you have placed your Order, a Proforma Invoice will be generated in your Client Account in order to make a payment.
9.1.5 Branding of the goods is dependent upon supply. Accordingly, you accept that whilst the Seller will take reasonable steps to ensure you receive product from your preferred manufacturer, the Seller reserves the right to supply goods from a different manufacturer, provided it is of equivalent quality.
9.1.6 You understand that for regulatory reasons the Seller might need to delegate certain tasks to third parties (assignees) in order to ensure compliance with obligations and your interests. Such tasks might include but are not limited to:
9.1.7 In those countries where products are subject to value added tax (VAT) and import taxes/duties, you are solely responsible for:
You are ready to voluntarily enter into an appropriate limited contractual relationship with the designated person, as well as to provide additional information that may be required by local legal regulation to provide you with the best opportunity to collect your purchase.
9.2 Upon settlement of the purchase
Once you have purchased the goods you have the following options:
1. to receive the goods delivered by a courier (delivery fees will be charged additionally);
2. to collect the goods yourself from the Seller;
3. to place the goods purchased from the Seller for secure storage, if such services are provided by the Seller (storage fees will be charged);
4. to sell the goods back to the Seller in accordance with its Terms and Conditions.
The guarantee for the purchased goods is provided by the relevant Seller. More detailed information about the terms of the guarantee for the purchased goods, you can find on the website of the relevant Seller of the goods.
The refund of the purchased goods is provided by the relevant Seller. More detailed information about the terms of the refund of the purchased goods you can find on the website of the relevant Seller of the goods.
10.1.1 GIG-OS Online Platform Subscription (or “Subscription”) is a sign of belonging to the circle of clients of the GIG-OS Online Platform, who have the additional benefits offered by the Company.
10.1.2 Benefits of the Subscription of the GIG-OS Online Platform are not permanent, they can change from time to time, be added or removed.
10.1.3 Benefits of the Subscription are provided to the Client by automatically making an electronic record in the Client Account upon purchase of a certain type of Subscription.
10.1.4 Once a Subscription of some type has been activated (recorded in the Client Account under the name of the owner), during its validity, the buyer can activate a new Subscription of the same type in his/her name.
10.1.5 The volume of goods provided by a certain type of Subscription for a discounted purchase is summed up when activating various types of Subscription.
10.1.6 After you have purchased the relevant Subscription, you have the opportunity to enjoy its benefits in the course of the term determined herein.
10.1.7 Subscription is valid 12 (twelve) months once it has been activated on the GIG-OS Online Platform.
10.2 Subscription types and advantages
10.2.1 The Company offers to its Clients the following types of Subscription:
10.2.2 Buying the Subscription Smart you get the following benefits:
10.2.3 Buying the Subscription Pro you get the following benefits:
10.2.4 Buying the Subscription Accord you get the following benefits:
10.2.5 Buying the Subscription Line you get the following benefits:
11.1 The Company offers its Clients to purchase Gift Cards (Smart, Pro, Accord, Line) which can be used or transferred to a third person in order to make a purchase of the relevant type of Subscription.
11.2 After purchasing the relevant Gift Card (Smart, Pro, Accord, Line), it must be activated on the GIG-OS Online Platform.
11.3 In order to make a payment for the relevant type of Subscription, Gift Card’s holder shall enter the following data: a unique number and activation code of the Gift Card.
12.1 Service Fees
12.1.1 We may charge a number of fees for using the services. The fees we charge may vary depending on the type of the purchased goods or services. Fees we charge for using services include, but are not limited to:
12.1.2 You authorize us to charge fees each time you complete a transaction at the GIG-OS Online Platform. These expenses may be directly deducted from your Client Account if you hold any funds on the Client Account.
12.2 Your responsibility to be informed
12.2.1 We are not required to notify you of any changes to our fees. You must check the fees on the transaction entry screen on the Website before completing any transaction on the Platform.
12.2.2 For further information about fees, please go to www.gig-os.com.
13.1 You will be liable for any losses suffered by us (including consequential losses), which result from:
13.1.1 your fraud or negligence;
13.1.2 unauthorized access to or use of your products through the GIG-OS Online Platform, to which you have contributed by your failure to comply with these Terms. This may include situations where you:
I. choose Password which does not meet the requirements;
II. fail to reasonably safeguard your Password;
III. without good reason, delay notifying us of the actual or alleged disclosure of your Password by any other person or that you suspect that such an unauthorized access or action in relation to your Client Account could have occurred.
14.1 These Terms terminate automatically if we permanently cease to operate the GIG-OS Online Platform. For the sake of clarity, this does not include any interruptions (such as maintenance), improvements or a lack of access to the Site.
15.1 Upon your request
You may request that we cancel your Client Account access at any time. To do this you must notify us in writing. You will continue to be liable for transactions regarding your products and costs incurred before the termination of your access to your Client Account.
15.2 Cancellation or Suspension
15.2.1 We may cancel your Client Account access at any time by notifying you 15 calendar days in advance.
15.2.2 We may suspend or cancel your Client Account access immediately:
15.2.3 If your Client Account is canceled for whatever reason, we may, at our sole discretion, delete any websites, files, graphic materials or other content or materials relating to your use of the Website or the services on servers owned by or operated for us, or otherwise in our possession, and we will have no liability to you or any third party for doing so.
15.2.4 Following cancellation or suspension of your Client Account, you will not be permitted to use the GIG-OS Online Platform. If your Client Account is canceled, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the GIG-OS Online Platform.
15.2.5 If your Client Account is canceled or suspended, you must immediately pay us any fees that you owe us; such liability towards us remains valid after the cancellation or suspension of your Client Account.
15.3 Dormant Client Account
15.3.1 If you do not access your Client Account for a period of 12 months or more your Client Account will be considered as dormant and will require reactivation.
A reactivation fee may be charged to your Client Account.
If you do not reactivate your Client Account within six months, we will terminate your Client Account in accordance with clause 15.2.
We maintain a procedure for handling any complaints by clients, designed to ensure that complaints are handled promptly and fairly. If you have a complaint about services or goods, you may send your complaint to the Company through your Message Box.
17.1. This Agreement shall be governed by the laws of Bulgaria, excluding its choice of laws provisions.
17.2. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with Bulgarian legislation.
18.1 Material terms
18.1.1 The present Agreement and the relevant documents supersede all prior agreements between the Parties, whether oral or written, with regard to the subject of this Agreement.
18.1.2 If any of the provisions of this Agreement becomes invalid, it must be replaced with another legally valid provision, which corresponds as much as possible to the intended result and the economic purpose of the invalid provision. In case any provision of this Agreement is invalid, the legal efficacy of the remaining provisions shall not be abridged.
18.1.3 This Agreement has been accepted to the advantage of the contracting Parties and is binding upon them and their legal successors. Obligations under this Agreement may not be transferred to third parties.
18.1.4 We reserve the right to make changes in the Terms without prior notice.
18.1.5 This Agreement is governed by the laws of Bulgaria, and each party submits to the jurisdiction of the courts of Bulgaria.
If any provision of these Terms is declared by any judicial or other competent authority to be void, controversial, illegal or otherwise unenforceable, the parties must amend that provision in such an acceptable way as to achieve the intention of the parties and cure the defect, otherwise this provision will be severed from this Agreement, and the remaining provisions of this Agreement shall remain unchanged unless the Company decides that the effect of such severance destroys the original intentions of the parties in which event the Company will be entitled to terminate this Agreement by giving written notice to the client within 30 days.
18.3 Successors and assigns
This Agreement will be binding on and inure to the benefit of the Parties and their successors and authorized assigns.
18.4 Force Majeure
Nonperformance of either Party of its obligations under this Agreement, excluding payment obligations, will be excused to the extent that performance is rendered impossible by fire, flood, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing Party.
18.5 Entering into Agreement, Agreement validity period and termination of the Agreement.
18.5.1 The Agreement shall enter into force and shall be binding on the Parties from the moment the client confirms the Agreement electronically, that is by marking “I agree” of the Agreement.
18.5.2 Either Party may terminate this Agreement effective immediately if the other party is in material breach of any obligation, representation or warranty hereunder and fails to cure such material breach (if capable of cure) within thirty (30) days after receiving written notice of the breach from the non-breaching party.
18.5.3 The Agreement is concluded to ensure obligations fulfillment by the Parties.