Terms and conditions

Terms of Use

updated 1/09/2019

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Acceptance of Terms

Products and Services

Use of Site Third Party Links, Products and Services

Submitted Data

Limitation and Disclaimer of Warranties; Limitation of Liability Termination of Right to Use a Site Privacy and Security Applicable Law Costs

Gift Card Terms and Conditions

Gift Card Activation

Cancellation Policy

Indemnification

Miscellaneous

Contact

Acceptance of Terms

Welcome to Cyber Buy, a website operated by Riverglade LLC (“Riverglade”). Riverglade provides its service to you subject to the following Terms of Service (“Terms”). By accessing the Cyber Buy website (“Site”) on the Internet or World Wide Web, you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of any Site.

In addition, when using particular Riverglade services, you are subject to any posted guidelines or rules applicable to such services or products. All such guidelines and rules applicable to such services or products are hereby incorporated by reference into the Terms. We may refuse any or all of our services to anyone at any time, in our sole discretion.

This site is intended for use by individuals who are at least 13 years of age. If your parent or guardian has any concerns, please feel free to contact us via email at [email protected]

Products and Services

eGift cards, which are a digital product, may be selected and purchased on Cyber Buy. When you have completed and paid for your order, Cyber Buy will produce the Products you have selected and send them to the email address that you provide. The pricing for Cyber Buy, which is stated in Euros, is set forth on the applicable Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please place and complete your order carefully. All purchases of Cyber Buy Products are non-returnable and non-refundable. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at [email protected] Please include your order number in all communications for prompt service.

Indemnification Regarding Submitted Data

You agree to indemnify us and hold us and our licensees, suppliers and fulfillers, owners and operators of Third-Party Portals and Merchants, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys’ fees, arising out of (a) any claim by a third party that the Submitted Data (or the use thereof) constitutes an infringement or other violation of such third party’s trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited under this section on Submitted Data. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms. Limitation and Disclaimer of Warranties; Limitation of Liability You agree that in the event of any damage to or loss of a Cyber Buy Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third -Party Portals and Merchants), and your sole remedy, is at our option, to replace the lost or damaged Cyber Buy Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Cyber Buy Product(s). You must submit a claim within thirty (30) days from your date of purchase.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER RIVERGLADE NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS OR MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.

Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if we, or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfilment of any material, Cyber Buy Product, or Submitted Data, the inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.

In addition, in the event that you violate these Terms and you intentionally publicize such violation, you acknowledge that Riverglade and its affiliated companies may suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree to refrain from using the services offered through the Site, including ordering any Cyber Buy Products, in any manner that would cause damage to the public reputation of Cyber Buy, its affiliated companies, and their employees, shareholders, board members, Merchants, or third parties for which Cyber Buy provides services. In the event that you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Cyber Buy or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Third-Party Portals, or Merchants, Riverglade reserves the right to demand the immediate return of the Cyber Buy Product(s) ordered from a Site, to invalidate, without refund, the value of any gift card included in such Cyber Buy Products, and to pursue any and all further remedies available to Riverglade and its affiliated companies under the law.

Termination of Right to Use a Site

We reserve the right to terminate your right to use one or more Sites if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of your right to use one or more Sites, we will remove your account privileges. We will have no obligation to return to you your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Cyber Buy terminates your right to use a Site, is to receive a refund for any products paid for but not processed or fulfilled by Cyber Buy, if any.

Privacy and Security

We will protect and use the information provided by you as set forth in the Privacy Policy posted on each Site, as applicable. You agree not to violate or attempt to violate the security of any Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to a Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, another user, including without limitation, sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding. You understand that your account information on the Sites is controlled by you, through the User IDs and Passwords that you selected.

You are responsible for protecting the confidentiality of those User IDs and Passwords. Riverglade is entitled to rely on the fact that any Submitted Data, orders for Cyber Buy Products or other information sent to any Site under your User ID and Password for that Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact our customer service representatives immediately by sending an email to [email protected]

Applicable Law

By accessing a Site both you and Cyber Buy agree that the laws of Georgia, and the laws of the EU applicable therein (without regard to the conflicts of laws principles that would impose a law of another jurisdiction), will apply to all matters relating to the use of such Site and its contents. Riverglade makes no representation that the Contents are appropriate or will be available for use in other locations. If you use a Site from outside the EU, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third-party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in the EU. You and Cyber Buy further agree to irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the EU and all courts competent to hear appeals therefrom, with respect to any matters relating to the services, the use of a Site and its Contents, or any transactions arising therefrom. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Costs

All costs and taxes are quoted in Euros. You must pay all applicable taxes on purchases made on the Site. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice, other than as set forth on the relevant Site.

Gift Card

Terms and Conditions

The use of Cyber Buy Products may be subject to terms and conditions that are set by the retailer who issues that product. If so, we do not own or control the terms, conditions and other details about that Cyber Buy Product. We make no representations about, do not endorse and are not responsible or liable for: (i) the terms, conditions and other details about those Cyber Buy Products; and (ii) the goods or services offered by any retailer issuing the product. If you have questions or problems with your Cyber Buy Product or anything you buy using your Cyber Buy Product, you agree to settle the problem directly with the retailer. We are not responsible for the failure of any retailer to honour a Cyber Buy Product for any reason. Some Retailers may not offer Cyber Buy Products, terms and conditions or notices in the language of your choice. Cyber Buy Products, product descriptions, redemption information and retailer terms are provided by the retailers at their discretion and questions should be directed to the retailers.

EGift Card Redemption

Electronic gift cards do not require activation by customers. Recipients of electronic gift cards will click on a link in their email to retrieve their activated electronic gift cards. It is important that this link be kept confidential, as anyone who has this link will be able to use funds on the gift card.

Cancellation Policy

Unless otherwise stated herein, there are no refunds and all sales are final.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS RIVERGLADE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF RIVERGLADE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE. ADDITIONALLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RIVERGLADE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING IN ANY WAY OUT OF CLAIMS BASED UPON ANY ACTIONS TAKEN BY ANY PERSON USING YOUR LOGIN INFORMATION.

Miscellaneous

For purposes of these Terms, “you” and “your” shall mean you and “we”, “us,” and “our” means Riverglade LLC and Cyber Buy and, if applicable, those third parties acting on behalf of Riverglade from time to time. Title and risk of loss for products purchased by you through a Site passes to you upon delivery of the Cyber Buy Products to you or your designated recipient. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any Site. The failure of Cyber Buy to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cyber Buy in writing. Your use of a Site, however, is subject to the additional disclaimers and caveats that may appear throughout such Site.

Contact

If you have any customer service-related questions, please contact:

Email: [email protected]
Company Name: Riverglade LLC
Identification Number: 405339726
Legal Address: Georgia, city Tbilisi, Vake district, street Abashidze, N34,
entrance 1, floor 1, block I, commercial space N A-3