Conditions d'utilisation - Cryptorefills

Last update: October 8th, 2024

These Terms and Conditions (“Terms”) apply to all products and services offered on the Cryptorefills website www.cryptorefills.com and Android mobile application (“Application”, “App”).

Please read them carefully, as well as our Privacy Policy, before proceeding, as they set out the contractual agreement between you (the “User”) and us (‘Cryptorefills’ or ‘Company’).

You also acknowledge and agree that when you make a purchase on Cryptorefills platform via the Binance Mini Application or via the Binance Pay, the Binance channel, you will also enter into a separate agreement between you (the “User”) and our partner Triple A Technologies Pte Ltd (“Triple-A”), which is the Merchant of Record for the transaction. The purchase agreement between you and Triple-A (“Triple-A Agreement”) is made available to you in this Terms and Conditions page.

You acknowledge and agree that if you make a purchase that contains an open loop product (if made available to you in your region) this transaction will be processed by a third party payment processor, Triple-A. In order to make this purchase you must agree to the terms and conditions and privacy policy of Triple-A.

You acknowledge that you have read and agree to the Terms, as well as to the Privacy Policy, when using Cryptorefills, such as, but not limited to, browsing the website, purchasing Products, registering a User Account and participating in our Loyalty Program. If you do not agree with both these Terms and the Privacy Policy, you are not allowed to use Cryptorefills Services and you must leave this website and/or uninstall our App immediately.

Terms and conditions

1. Introduction

1.0.1 These Terms, as may be amended from time to time, apply to all Cryptorefills services directly or indirectly (through third party distributors) made available online, through any mobile device, by email, or by telephone.

1.0.2 By accessing, browsing, and using our (mobile) website or any of our applications through whatever platform and/or purchasing Products, registering a User Account, participating in the Loyalty Program, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below including our privacy statement.

1.0.3 This website www.cryptorefills.com including its pages, content, and infrastructure and the services provided by us on these pages and through the website and mobile application, are owned, operated, and provided by Big Dream Ventures B.V., and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

2. Definitions

2.0.1 Terms or expressions used in these terms and conditions are defined as follows, unless the context specifies otherwise:

‘Accommodation Services Provider’ means the provider of a hotel, home, accommodation, or other place of lodging;

‘Additional Travel Services’ means any ancillary services related to your Booking that may be offered by Travel Service Providers (TSPs) or other third parties. These services can include, but are not limited to, upgrades, incidental charges, additional luggage, priority seating, meals, mini-bar usage, dry cleaning and laundry, passenger information changes, rebooking, or cancellation. Additional Travel Services are generally not included in the initial Booking and Total Price unless specifically selected by you during the Booking process. Any associated fees for these services will be displayed at the time of Booking and will include the additional fees for such services charged by us. Where any Additional Travel Services are sought by you following your completed purchase of a Booking, you acknowledge that these arrangements are your sole responsibility and that you will be required to directly contact the TSP or any other third party as required to fulfil your request for the Additional Travel Services;

‘Airline Operator’ means the airline providing the services of travel by air.

‘Application Form’ is defined as the electronic form containing personal identification data and other user information to be inserted by the User and submitted to the Company in order to register a User Account.

‘Booking’ means the process of selecting and purchasing Travel Products, including but not limited to hotels, flights, activities (including any related Additional Travel Products) or any combination thereof, through the Cryptorefills platform. A Booking is considered complete when Cryptorefills confirms receipt and acceptance of the customer's payment for the Total Price. The completion of a Booking constitutes a confirmed transaction for the specified travel-related products and services, as detailed in the purchased package.

‘Card Product’ means any digital or physical prepaid card, gift card, or voucher that can be purchased through the Cryptorefills platform. These cards are typically issued by various merchants, retailers, or financial institutions and are redeemable for goods, services, or cash value according to the terms and conditions set by the issuer.

‘Closed-loop’ means any Card Product made available on the Cryptorefills Platform and that is not Open-loop.

‘Cryptorefills’, ‘Company’, ‘We’, or ‘Us” means Big Dream Ventures B.V. a limited liability company incorporated under the laws of The Netherlands, with registration number 63338149.

‘Customer Care’ is defined as any service unit fully authorized by the Company to provide a range of services to support users with any issue using the Service, to receive feedback, complaints as well as ideas on how Cryptorefills can improve its service or improve security.

‘Digital Currency’ means any cryptocurrency accepted by Cryptorefills as a means of payments for the Product purchased by the User.

‘End User’, ‘User’, or ‘you’, is defined as any mobile, web or app user accessing the Cryptorefills website or mobile application either directly or through third party distributors. An End User may also be a Registered User.

‘Enrolment Date’ is defined as the date the Application Form of the eligible applicant is submitted to the Company via the Cryptorefills Internet, mobile phone or e-mail applications.

‘Enrolment’ ‘is defined as the process through which Users, who are not Registered Users yet, request to become Registered Users and the acceptance of the Terms and Privacy Policy.

‘Issuer’ is defined as the creator, designer, issuer, organizer, beneficiary or manager of Card Products.

‘Level’ is defined as the type of Registered User and related Privileges the Registered User has access to, in accordance with the Terms and the rules and procedures set forth in the Loyalty Program Communication. Levels are generally obtained by Registered Users once a certain threshold of Points is earned within a specific time frame or through other procedures as specified in the Loyalty Program Communication.

‘Loyalty Program Communication’ is the collective name for the means of communication used in the Loyalty Program, made through the Cryptorefills website and mobile site, mobile and desktop apps, brochures, emails and newsletters, enrolment forms, own social media accounts and any authorized communication and promotions made by third parties.

‘Loyalty Program’ is defined as the Cryptorefills loyalty program offered by the Company as introduced in 2020, and developed to reward Registered Users who frequently use and/or purchase goods and services from Cryptorefills website or App or in some way support Cryptorefills marketing efforts.

‘Mobile Product’ refers to any service or product related to mobile telecommunications that can be purchased through the Cryptorefills platform. This includes, but is not limited to, the top-up of prepaid mobile credit, airtime, data bundles, and eSIMs. Mobile Products are designed to replenish or activate mobile services provided by various telecommunications companies. They may be used to extend the usage period of mobile services, increase data allowances, or activate new mobile numbers through eSIM technology.

‘Off-Chain Transaction’ means a transaction processed by third-party providers where the funds are transferred from the User's account at the third party to an account held by Cryptorefills at the same third party without the funds being recorded on the blockchain. These transactions do not involve the direct transfer of digital assets or cryptocurrencies over the blockchain but are instead managed through the internal systems of the third-party provider.

‘On-Chain Transaction’ means a transaction that is conducted over the blockchain, including layer 2 networks such as the Lightning Network and other sidechains. An On-Chain Transaction involves the transfer of Digital Currency to a specified Wallet Address.

‘Open-loop’ means, within the context of this Agreement, any Card Product made available on the Cryptorefills Platform placed in the e-money category.

‘Overview’ is a summary of information regarding a Registered User’s activity. Overview generally includes information such as history of transactions, as well as balance of the earned Points and the accumulation and spending history of Points.

‘Partners’ are third-party companies with whom Cryptorefills has a direct contractual relationship. Partners include Product suppliers, as well as technical service providers.

‘Platform’ means collectively the website www.cryptorefills.com including its pages, content, and infrastructure and the services provided by the Company on these pages and through the website and mobile application.

‘Points’ is defined as the basic measuring unit utilized in the Loyalty Program. Points are earned on Cryptorefills Platform by making purchases or in accordance with any other procedures set forth in Loyalty Program Communication. Registered Users can earn and accumulate Points to be used to obtain Levels and to redeem Rewards. Points may also be earned through procedures set forth by Accumulation Partners.

‘Privileges’ are defined as special services that may be offered to Registered Users by the Company once Registered Users reach a certain Level. Privileges may involve discounts and other rewards obtained based on Level.

‘Product’ or ‘Products’ is defined as any product/s that can be purchased on the Cryptorefills website and mobile application. ‘Product Catalogue’ is defined as the entirety of Products made available to be purchased on Cryptorefills website and mobile application.

‘Promotional Offers’ is defined as special temporary offers that give a Registered User the opportunity to earn extra Points, use a reduced number of Points when ordering Rewards or use additional benefits. Promotional Offers may also apply to non-Registered Users, to incentivize to register to the Service.

‘Registered User’ is defined as an eligible User who has successfully completed the Enrolment by submitting his Enrolment Form, accepting the Terms and has been assigned a Registration Number after acceptance by the Company of the User’s application. Only Registered Users are entitled to benefit from the Loyalty Program.

‘Retroclaim’ is the process through which Registered User may claim Points earned before Enrolment Date or Points accidentally unclaimed or un-awarded as provided within the Terms.

‘Reward’ is defined as the gift obtained within the Loyalty Program by redeeming Points, in accordance with the Terms and the procedures set forth in Loyalty Program Communication, and available on the Cryptorefills Redeem Catalogue. Rewards may, just for example, include amounts of Digital Currencies, digital Gift Cards and other rewards.

‘Rewards Catalogue’ is a catalogue of Rewards made available to Registered Users, according to Terms and as communicated through the Loyalty Program Communication.

‘Service’ or ‘Services’ refers to the Services offered by Cryptorefills to the User for the Purchase of Products on the Cryptorefills website and mobile application and in accordance with these Terms.

‘Supplier’ is defined as any company from which the Company procures Products made available in the Product Catalogue, to be sold to Users or made available in the Rewards Catalogue to be made available to Registered Users in exchange for Points.

‘Terms’ is defined as the terms and conditions of this agreement which governs the relationship between the User and Cryptorefills. Wherever it is not expressly specified, Terms includes the Privacy Policy.

‘Total Price’ means the total amount payable by the User for the purchase of Products on the Cryptorefills platform. This amount includes the price of the selected products, any applicable taxes, fees, and additional charges for services or features added during the purchase process. The Total Price is displayed to the User prior to the completion of the transaction and represents the final amount to be paid.

‘Travel Document’ means any physical or digital document provided to the User upon the purchase of Travel Products from our platform. These documents act as confirmation of the products and services purchased and are issued by the respective Travel Service Providers (TSPs). Travel Documents may include, but are not limited to, hotel vouchers, airline itineraries or e-tickets, and tickets for activities or experiences. They serve as proof of User’s entitlement to the specified services and are necessary for redemption with the TSPs.

‘Travel Product’ means direct bookings for flights, hotel stays, vacation rentals, and various experiences such as tours, excursions, and leisure activities, as well as Additional Travel Services made available on the Cryptorefills Platform.

‘Travel Service Provider’ or ‘TSP’ means any third-party company or entity that offers travel-related products and services available for purchase through the Cryptorefills platform. This includes, but is not limited to, Transport Operators (such as Airline Operators, bus companies, and train operators), Accommodation Service Providers, and Activity Providers (such as tour companies and event organizers). Each TSP is responsible for delivering the specific products or services purchased by the User and operates independently from Cryptorefills. Cryptorefills resells these products and services and does not act as an agent on behalf of the User.

‘User Account’ or ‘Account’ is defined as a record associated with a unique identifier associated to a Registered User and containing various information collected during Enrolment or subsequently modified by the Registered User and a ledger of the collection and spending of Points performed by the Registered User as well as other data such as but not limited to transaction history.

‘Wallet Address’ is a unique identifier that serves as a virtual location where the cryptocurrency can be sent and received.

3. The service

3.0.1 Cryptorefills offers an e-commerce platform specialized in the resale of various Products, including Card Products, Mobile Products and Travel Products that can be purchased by the User making On-Chain and/or Off-chain transactions with Digital Currencies.

3.0.2 The Product Catalogue is organized on the Platform in such a way to show the available products that are available to be purchased in a specific country or region.

3.0.3 For Card Products and Mobile Products, the User can select the Product(s) they intend to purchase by choosing the brand of the Issuer and selecting the amount in local currency. The amount can be either (i) selected from a list of predetermined amounts that cannot be modified by the User or (ii) freely defined by the User, subject to any minimum or maximum limits set by the Issuer.

3.0.4 For Travel Products, the User can browse and select specific travel-related services, such as flights, hotel stays, or activities. The selection process includes choosing travel dates, accommodation options, and other preferences relevant to the Travel Product. Travel Products are offered to User and priced based on availability and specific service offerings at the time of booking. The final price for these services, including any Additional Travel Services, is determined by the chosen options and displayed as part of the Booking process.

3.0.5 The User pays for the Product(s) by either:

A. On-Chain Transactions: by sending the requested amount (Total Price) of Digital Currency to the exact Wallet Address provided by Cryptorefills in the payment page of the website or mobile application within 15 minutes from when the purchase order is created and displayed on the payment page.

B. Off-Chain transactions: by following the steps within the time requested to complete the payment as instructed by the third-party processor or Merchant of Record (MoR).

3.0.6 In order for the Payment to be valid all of the following conditions must be true: 1. Cryptorefills must receive in the Wallet Address displayed on the payment page or in the account provided by the third-party payment processor at least the exact amount requested in the payment page. 2. The payment must be initiated by the User within 15 minutes from opening the payment page.

3.0.7 For On-Chain Transactions, the amount of blockchain confirmations necessary to determine if the transaction is valid ranges between zero and six, and is entirely at discretion of Cryptorefills based on its commercial, risk and security policies.

3.0.8 Depending on the Product, the User may redeem the Product immediately with the relevant Issuer through Cryptorefills, in which case a written notification of redemption will be provided, or receive it onscreen and/or by email or SMS, to be redeemed independently at a later stage.

3.0.9 Card Products are provided to the User in the form of a numeric or alphanumeric code, a QR code, or a hyperlink to a third-party website. These codes are delivered to the User via email and/or displayed in the User's Account section of the Platform.

3.0.10 For Mobile Products, Users must provide the exact MSISDN (mobile phone number) to which they want the mobile credit to be applied. The mobile product is delivered to the User in one of two ways:

a. Over-The-Air (OTA): The mobile operator directly credits the purchased amount to the account associated with the provided MSISDN.

b. Code Delivery: The User receives a code via email, which they must manually enter according to the instructions provided to credit the account.

3.0.11 Mobile Products are only available for prepaid mobile subscriptions. It is not possible to top up post-paid plans using these products. While we make every effort to prevent Users from attempting to top up post-paid subscriptions, it is not possible for us to guarantee this entirely. Therefore, purchasing a Mobile Product for a post-paid plan may result in a non-refundable transaction.

3.0.12 Travel products are delivered to the User by email and/or through a dedicated interface in the User Account in the form of Travel Documents, therefore containing details such as itineraries, booking references, and other codes for check-in or service access. The Travel Service Provider or other relevant authorities may require you to present any of the following documents in either electronic or printed format: your itinerary/e-ticket(s), boarding pass(es), visa(s), passport, or any other relevant document.

3.0.13 All Travel Products are subject to the terms and conditions of the relevant Travel Service Providers (TSPs). Please take your time to read and understand these terms and conditions before placing your Booking. If you are making a Booking on behalf of someone else, you must ensure that they accept the terms and conditions, or you have the authority to accept the terms and conditions on their behalf. By completing the Booking, you confirm acceptance of the terms and conditions for all travelers.

3.0.14 Travel Documents are non-transferable. When booking a Travel Product, the Travel Document must be issued in the name of the passport or photo identity of the holder. Please ensure that all details on your Booking are accurate, including the name, date of birth, and document number of all travelers. Verify this information carefully to avoid any issues.

3.1 Business to consumer

3.1.1 Cryptorefills Service is provided to the User for User’s personal, non-commercial (B2C) use only, so these Terms define a Business to consumer relationship between Cryptorefills and the User. If a Business wishes to purchase Products from Cryptorefills or enter into some other agreement it must first enter into a separate B2B agreement with Cryptorefills.

3.1.2 Products purchased through Cryptorefills may not be re-sold and shall be redeemed only either by the User, on the User’s behalf or by someone to whom the User has gifted the Product/s.

3.2 Product availability & refunds policy

3.2.1 Cryptorefills provides its services through a network of third party service providers.

3.2.2 Transactions may, from time to time, fail due to technical or other reasons. The User acknowledges and agrees that Cryptorefills may not be liable for a technical issue that affect its transaction. Whenever a transaction fails due to technical reasons, a User may qualify for a refund.

3.2.3 The Company will consider a transaction failed, if it has received the correct User details (email, MSISDN), the correct amount of Digital Currency to the exact wallet address provided to the User in the payment page and one of these three cases occurs:

a. The User did not receive the Product;

b. The Product was correctly delivered to the User, but cannot be utilized.

If one of the cases above occurs, upon being contacted from the User, Cryptorefills will investigate the issue. The investigation consists in a diligence of possible technical issues and/or issues of the Partners. Once the appropriate investigation is made, and Cryptorefills deems there is no fraud or foul play by the User, the User will be eligible for a refund.

3.2.4 Cryptorefills will not refund Users if one of the following issues occurs:

a. User does not comply with the Terms or other policies of the Issuer in relation to redeeming the Product. For example Cryptorefills will not refund Users that have exceeded mobile credit top up limits, or that use VPNs for cross border transactions or violated other antifraud policies of the Issuer.

b. User provided wrong contact or delivery information resulting in the Product being delivered to the wrong recipient. For further clarity, if User provides the wrong phone number to be topped up, or provides the wrong email address the transaction will not be refunded.

c. User violated these Terms.

3.2.5 Determining if the User has right to a refund can be complicated and can take time. Cryptorefills must often communicate with different Partners, often in different time zones, and analyse technical logs. Cryptorefills must also verify that there is no attempt of fraud by the User. While most refunds are completed within 2 business days, Cryptorefills reserves the right to a 2 week period starting from the day the issue occurred to investigate the issue and decide whether it will apply the refund or not. Cooperation by the User such as providing additional information as required by the Customer Care generally results in a faster refund process.

3.2.6 Refunds are made by Cryptorefills with a return transaction towards the User in the same Digital Currency of the original transaction to the Wallet Address provided by the User. The Customer Care may offer the User the possibility to receive the Product initially requested or an alternative Product instead of the refund. If the User accepts to receive the Product instead of the refund, the User loses the right to claim the refund.

3.2.7 Partial payments can occur when users send an insufficient amount of Digital Currency necessary to complete the transaction. The User will be notified automatically by email that the amount is not sufficient to pay for the Product ordered. The Customer Care will offer the User either the possibility to send the missing amount necessary to complete the transaction, or to refund the User of the entire amount received for the specific order.

3.2.8 If we detect any purchasing behavior or patterns that we deem suspicious or in possible violation of this agreement, or our partners' policies or terms and conditions, Cryptorefills reserves the right, at its sole discretion, to take one or more of the following actions: (i) suspend the user's account, or (ii) require the User to undergo a Tier 3 identity verification process, also known as a full Know Your Customer (KYC) procedure where the User will need to submit a valid photo ID and provide a live image as well as personal data. If we request the User to complete such KYC process and the user either refuses to comply or fails to successfully complete it, the User account will remain suspended, and the user will not be able to purchase any products or services from Cryptorefills. The user account will only be reinstated upon successful submission and verification of all required documents and completion of the full KYC process.

3.2.9 Any attempt by users to obtain products or refunds in a fraudulent manner are considered a criminal offence, and as such will be communicated to the relevant authorities.

3.2.10 Once a Product is received, no refunds or reimburses will be offered.

3.2.11 Refunds must be requested within 30 days from the date of the transaction. For the purposes of requesting a refund or any further information, the User shall contact info@cryptorefills.com.

3.2.12 In addition to these Terms, User may be bound by or subject to any additional terms required by providers of third-party services to User, including privacy settings, policies and/or procedures of the provider of Third-Party Services, which may differ from those of Cryptorefills.

3.2.13 If User is buying Emoney products, User will be redirected to our third-party payment provider, Triple-A, to complete the purchase.

3.2.14 User is aware that, if payment cannot be processed due to local laws, the transaction's amount will be refunded. Any potential transaction fees will be at the user's own expense. Additionally, the user may be required to send additional verification in the form of an official document to facilitate the refund process or resolve the transaction issue.

3.3 Bookings Cancellations and Changes:

3.3.1 The cancellation and change policy applicable to each Travel Product (excluding flights) is displayed before User completes the online Booking. User has to read the change and cancellation policy for User’s selected Travel Product carefully, as these policies vary between Travel Service Providers and the specific Travel Products offered. Any flight Booking cancellations and/or changes are subject to the specific terms and policies of the Travel Service Provider.

3.3.2 Voluntary changes to flight bookings can only be requested up to 72 hours before departure. If User voluntarily cancel or make changes to User’s Booking, the Travel Service Provider may charge a cancellation or change fee. Once requested, voluntary cancellations or changes to Bookings cannot be reversed. We may also charge User for such changes for an amount that is higher than the standard fees charged by Travel Service Provider for the same changes. If User’s flight Booking includes multiple passengers, any changes User makes will apply to the itineraries of all passengers in that Booking. If User wish to change the Booking for only some passengers, it is User’s responsibility to arrange this directly with the Travel Service Provider. Please be aware that some Bookings may be non-refundable, and in such cases, we cannot provide a refund. For refundable Bookings, we cannot determine the refund amount at the time of User’s cancellation request. If User arrives late on User’s scheduled Booking date, decides to leave before the conclusion of the Travel Product, or fails to arrive (no-show), Cryptorefills will not issue any refunds. Additionally, if amendments are made after a certain date or fall under an exception, User may incur cancellation fees in accordance with the Travel Service Provider’s policy. When User cancels a flight Booking, the cancellation will apply to all passengers under the same Booking.

3.3.3 If User’s Booking is cancelled or altered by the Travel Service Provider or a related third party, we will do our best to inform User of the cancellation or change as soon as possible. Please note that Cryptorefills is not liable for any consequences resulting from cancellations or changes made by these third parties.

3.4 User Accounts

3.4.1 Cryptorefills offers the possibility for eligible users to register a User Account. A User may only submit one Application Form and may have only one User Account. The User Account must be in the Registered User’s legal name and must associated to a valid email address of the Registered User. The User guarantees the correctness of all information given, and shall be solely responsible for any erroneous, incomplete, or out-of-date information.

3.4.2 In case of duplicate accounts, the Company reserves the right to cancel one or both the accounts and to cancel any benefits related to that account such as accumulated Points or Privileges.

3.4.3 The User Account, cannot under any circumstances be transferred, bequeathed, assigned, sold or combined, whether or not for valuable consideration, with the account of any other person, whether or not that person is a Registered User, or with any other account belonging to the User, except as otherwise provided by the Company.

3.4.4 Any person whose Enrolment has been accepted by the Company shall obtain an individual account, and a Password. The correct Email address associated to the account will be required for any inquiry concerning the account. The Registered User is responsible for the usage of his Password and shall not disclose the Password to any third party.

3.4.5 All Users applying to register and/or that have registered an account on Cryptorefills shall be deemed to have read and accepted these Terms as well as the Privacy Policy.

3.5 Loyalty Program

3.5.1 All Registered User become Registered Users of the Loyalty Program and as such will have to comply with the Loyalty Program rules defined in these Terms, to be able to accumulate Points and redeem Rewards.

3.5.2 Points accumulated prior to becoming a Registered User can be claimed retroactively as per the Retroclaim rules defined this Terms and within the defined timeframe.

3.5.3 The Registered User accepts to receive the Loyalty Program Communication which is a basic part of the Loyalty Program. The Registered User accepts that the Cryptorefills website or App are among the main means of the Loyalty Program Communication.

3.5.4 Any eligible User wishing to join the Loyalty Program must first complete the Enrolment process and become a Cryptorefills Registered User.

3.5.5 The Company reserves the right to refuse Registered User to the Loyalty Program to any person who does not meet the requirements for participation in the Loyalty Program. The Company also reserves the right to refuse Registered User to the Loyalty Program at its own discretion if it suspects the User is involved in any fraudulent or illegal behaviour or if it deems the User can damage the Company and/or other Users.

Compliance with the Program

3.5.6 All Levels, Privileges and the Points must be earned and used according to procedures defined in the Loyalty Program Communication and the rules and guidelines in these Terms. Cryptorefills has the final say as to whether the Points have been earned by a Registered User.

3.5.7 The Points will not be issued to a Registered User if these are related to forfeited, fraudulent, lost, out-of-date or refunded transactions or other activities Cryptorefills, at its own discretion, deems unsuitable.

3.5.8 Loss or theft or damage of the User Account, must be reported immediately to the Customer Care. Cryptorefills is not liable for any fraudulent use of the User Account or failure of the Registered User to comply with the contents of this provision.

3.5.9 The sale, purchase, brokerage, resale, barter or exchange of Levels and Points for any compensation is prohibited, except as otherwise provided by Cryptorefills in accordance with procedures defined in the Loyalty Program Communication. Violators, including any User who uses a purchased or bartered Reward that violates these Terms or the procedures defined in the Loyalty Program Communication, shall be liable for damages and litigation costs. Points, Levels and Rewards have no cash value and can never be redeemed for cash.

3.5.10 Abuse of the Loyalty Program, including the failure to follow Program policies and procedures, or any misrepresentation of facts pertaining thereto, may result in cancellation of the Registered User’s account and disqualification from the Loyalty Program, forfeiture of all Level and related Privileges, Points accrued and cancellation of previously issued but unused Rewards. Any material breach of the Terms by the Registered User may result in the cancellation of the Account with no liability towards the former Registered User.

Earning Points

3.5.11 Points are earned by Users and credited to the Registered User Accounts according these Terms, to the Loyalty Program Communication and the loyalty marketing and reward policies put in place by Cryptorefills. Cryptorefills is free to set its own marketing and reward policies with respect to the Loyalty Program and Registered Users will earn the amount of Points, if any, that Cryptorefills deems reasonable according to its own marketing and business strategy. Registered User is not entitled to claim any points unless these have been communicated to the Users by Cryptorefills as the reward of a particular action or transaction through the Loyalty Program Communication and Widgets. The Registered User will earn the exact amount of Points displayed on the Widget. Points earned by the Registered User shall be credited to the Registered User’s Account provided the Registered User has been correctly identified by the Program system. Registered Users are personally responsible for informing any third party or legal entity paying for the products or services that allow accumulating Points, including but not limited to the Registered User’s employer, with respect to the Points and related advantages obtained under the Loyalty Program.

3.5.12 All Points accumulated by Users are frozen, and as such cannot be redeemed by the Registered User until they are unfrozen. Once the Points are unfrozen the Registered User may utilize them to redeem Rewards. The time interval between the issuance of the Points and the unfreezing of the Points is defined as Freezing Period. Cryptorefills defines the Freezing Period at its own discretion based on its own antifraud, refund and technical policies.

3.5.13 Frozen points are displayed on the Overview and marked as “Pending”. If the Platform or Cryptorefills determines there was an issue on the issuance of the Points, the Frozen Points will be removed by Cryptorefills from the Registered User’s Account.

3.5.14 If a transaction is refunded the User will not have the right to accumulate Points for the transaction.

3.5.15 The Loyalty Program allows retroactive claims of Points, which is a key feature of the Program called Retroclaims. Cryptorefills allows some unregistered Users to earn and accumulate points on their mobile and websites thanks to the use of tracking technologies such as “cookies”. The Points accumulated by unregistered Users are collected into anonymous accounts, and will be added into the Registered User’s Account by the system only if the Platform can associate the anonymous accounts to the User. The system may also associate Points earned through multiple anonymous accounts to a single Registered User. Points from anonymous Accounts may not be associated to more than one Registered User, in case of dispute the anonymous account and all its Points will be cancelled with no Liability towards any Registered User. No other past or future claim will be accepted unless Cryptorefills considers such claim related to technical reasons and at its discretion decides to issue the points to the Registered User. Anonymous Accounts and unregistered Users are not Registered Users of the Loyalty Program and have no rights over the Points accumulated.

3.5.16 Points may be collected by Registered Users throughout the year. Collected Points expire at the end of the first full calendar year (at 23:59:59 UCT of December 31st) following their date of issue. Anonymously issued Points unclaimed into a Registered Users account will expire according to the commercial and marketing policies of Cryptorefills. Anonymously issued Points, if claimed through Retroclaim procedure into the Registered User’s Account before anonymous expiry policies, will regularly expire at the end of the third full calendar year (at 23:59:59 UCT of December 31st) following their date of anonymous issue.

3.5.17 Each Registered User should verify that Points have been duly credited to the Registered User’s account, either by the Overview, or via the Customer Care.

3.5.18 The Company reserves the right to debit the account of any Registered User who has acquired Points unduly.

3.5.19 Outside of the Cryptorefills website and application, the only Partners that allow to Registered User to accumulate Points are the ones with which the Company has an active accumulation agreement in place. Such partners are listed in the accumulation partner directory on the Cryptorefills website and through the Loyalty Program Communication. Any accumulation of Points promoted or proposed by companies that do not have active accumulation agreements in place with Cryptorefills or without any form of authorization by Cryptorefills will not be credited to Registered Users’ accounts and Cryptorefills shall not be liable for not crediting such Points to Registered Users.

3.5.20 Registered User has no right to claim the Points earned in case of Refund of a purchase or for any Product not delivered. In case the Registered User manages to Earn points during a transaction that was not successful Cryptorefills will cancel the Points earned, and in case such Points were already spent to redeem a Reward, Cryptorefills has right to either cancel the Reward if this is not issued yet to Registered User or to claim back the Reward or the equivalent monetary value plus any collection and legal expense it incurs for this procedure.

3.5.21 All Points, Levels and Privileges must be earned and used according to the rules and guidelines in these Terms.

3.5.22 While Cryptorefills makes every attempt to provide accurate credit of Points, it is the Registered User’s responsibility to retain necessary documents such as receipts to demonstrate if any Points were actually not credited to Registered User’s account.

Redeeming Points for Rewards

3.5.23 When a Registered User has earned a sufficient number of Points, the Registered User may spend such Points to request a Reward through the Rewards Catalogue, in accordance with the procedures governing the issuance of Rewards as set forth in the Loyalty Program Communication. Points redemption by Registered Users is ruled by Cryptorefills according to First In First Out (FIFO) method. For sake of clarity this means that when a Registered User spends Points to collect a certain Reward, the oldest Points available in the Registered User Account will be used by spending the Points that progressively have the largest time distance from the date in which the redemption is made.

3.5.24 Only the Registered User is entitled to apply for a Reward. The Registered User may order a Reward either for himself or for any other person designated by the Registered User at the time the Reward is requested, subject to the Terms. As soon as the Reward application has been processed, the Points required for the Reward are debited to the Registered User’s account. Internal difficulties may result in late debits to accounts.

3.5.25 Lost, stolen or expired Rewards will not be refundable, replaced or extended.

3.5.26 Rewards displayed and/or promoted on the Rewards Catalogue or Loyalty Program Communication may sometimes be unavailable or out of stock. Cryptorefills has the right to add and remove Rewards at its sole discretion. Registered Users do not have the right to claim Rewards that are no more available or out stock, even if the Registered User has already requested the Reward. In the event a Reward is no longer available Registered User may decide to spend the Points for another Reward present on the Rewards Catalogue or to keep the Points to be spent in a further moment.

3.5.27 Depending on the type of Reward requested the Reward will be either delivered electronically or at the delivery address designated by Registered User. If the Reward is a digital item, such a coupon, e-gift card, discount coupon, digital multimedia content such as movie, audio or e-book files, the Reward will be delivered by email or other digital transfer. If the Reward is Digital Currency, the Reward will be delivered at the Wallet Address provided by the Registered User. If the Reward is a physical item, it will be shipped to the mailing address provided by the User. Cryptorefills will not be liable for any issue related to shipping of the reward such as custom inspections or import taxes levied on the Registered User resulting from the shipment of the Reward.

3.5.28 For any Reward requested through the Reward Catalogue, Cryptorefills will make its best efforts to deliver the Rewards within the delivery time indicated by Cryptorefills at the moment of the request. Cryptorefills will not be held liable in any way if it is not able to deliver the Reward requested through the Reward Catalogue within the time indicated.

3.5.29 All Rewards regularly requested by Registered Users will be tracked with a unique Reward identifier. The unique Reward identifier will be communicated to the Registered User during the redeem procedure and displayed in the Overview to be used by Registered User as reference to communicate with Customer Care if any issue in the delivery of Reward should occur.

3.5.30 Broken & Stolen Rewards. Cryptorefills is not responsible for broken or stolen Rewards.

Levels & Privileges

3.5.31 Cryptorefills may at its own discretion define Levels and Privileges to certain loyal Registered Users based on the amount of Points accumulated.

3.5.32 Registered Users may use Privileges associated to related Level throughout the period in which the Level is effective. Certain Privileges may be revoked or modified by Cryptorefills. Registered User will not be able to claim any modified or revoked Privilege.

3.5.33 Transferring Levels and Privileges. Levels and Privileges are personal, may not be transferred among Registered Users.

3.5.34 Cryptorefills is entitled to revoke Levels and Privileges at its own discretion if it deems the Registered User has obtained Level and Privileges in an inappropriate or fraudulent way.

3.6 Customer Care

3.6.1 To resolve an issue when using Cryptorefills Service, the User must get in touch with the Customer Care and through the appropriate Customer Care channels. Appropriate Customer Care channels are:

a. Completing the online contact form at www.cryptorefills.com/contact-us

b. Sending an email to: info@crypotrefills.com

c. Starting a chat conversation on our Facebook page at www.facebook.com/cryptorefills

For sake of clarity, Public Tweets and Facebook Posts, Reddit and other Community posts are not considered a valid Customer Care channel and therefore will not initiate the issue resolution process to be undertaken by the Customer Care.

3.6.2 If contacted through the appropriate channel, the Customer Care will do its best to provide a first reply within the first 24 hours, but it may take longer, depending on the issue, and the total number of requests being processed by the Customer Care.

4. Limitations of use

4.0.1 In accordance with the Company’s KYC and AML/TF policies we request certain information from the user and limit the amounts that Users can spend on Products within specific time frames based on User Tiers as defined below:

Closed-loop Card Products, Travel Products, and Mobile Top Ups

The following tiers and spending limit are applied:

Tier 1 Users. Unregistered Users: email

Daily Limit:2.000 Euro

Monthly Limit: 5.000 Euro

Tier 2 Users. Registered Users: verified email

Daily Limit: 5.000 Euro

Monthly Limit: 10.000 Euro (Maximum amount per single Purchase 2.000 Euro)

Tier 3 Users. Verified Registered Users: valid photo ID (passport, government ID, or driver's license (in EU, US only) and live photograph matching photo ID.

Daily Limit: 10.000 Euro

Monthly Limit: 30.000 Euro (Maximum amount per single Purchase 2.000 Euro)

Tier 3 Users: Verified Registered Users Limits per value of the single purchase, daily and monthly amounts can be increased on a case-by-case basis, subject to a know-your-customer (KYC) procedure, whereby the User will provide Cryptorefills a copy of a valid ID, proof of residence and other documents and information, as well as confirm the information provided is true and accurate, as required under applicable laws and regulations and in accordance to Cryptorefills AML/TF policy.

By requesting a Tier 3 verification the Registered User also authorizes Cryptorefills to conduct necessary investigations directly or through a third party to verify the User’s identity or protect you and/or us from financial crimes, such as fraud and money laundering.

If there are grounds for believing that any of the information provided by User is incorrect, false, outdated or incomplete, Cryptorefills reserves the right to delete the relevant information, to send a notice demanding correction of the relevant information, terminate any and all services provided to the User and disclose information to relevant authorities such as Financial Investigation Units and Crime Prevention Authorities, as required by regulations.

Please contact info@cryptorefills.com should you wish to verify your account at Tier 3 Level to receive a list of required information and details concerning the verification procedure.

Open-loop Card Products

The following tiers and spending limit are applied to all Open-loop products:

Tier 1 Users. Unregistered Users: N/A

Tier 2 Users. Registered Users: verified email

Daily Limit: 2.000 Euro

Monthly Limit: 5.000 Euro (Maximum amount per single Purchase 2.000 Euro)

Tier 3 Users. Verified Registered Users: valid photo ID (passport, government ID, or driver's license (in EU, US only) and live photograph matching photo ID.

Daily Limit: 5.000 Euro

Monthly Limit: 10.000 Euro (Maximum amount per single Purchase 2.000 Euro)

4.0.2 Any User creating or utilizing more than one Cryptorefills Account, or any other expedient, in order to circumvent the Tier based limitations, is in breach of these Terms, and may result in Cryptorefills suspending the Account, or Accounts, until further notice. To the extent necessary under applicable laws and regulations, and or our AML/TF policies, any illegal circumvention of the Tier based limitations may be reported to the relevant authorities, such as Financial Investigation Units and Crime Prevention Authorities.

5. Intellectual property

5.0.1 The Design, Service, Content, Texts, Logos (including the Cryptorefills logo, the word Cryptorefills) and any proprietary software and technology developed by Cryptorefills is the exclusive property of Cryptorefills, and is protected by copyrights, trademarks, service marks, international treaties, and/or other intellectual proprietary rights and laws of the Netherlands and of other countries.

5.0.2 These Terms grant the User no right, title, or interest in any intellectual property owned or licensed by Cryptorefills, including but not limited to, the Platform, Service and Cryptorefills trademarks, and creates no direct relationship between the User and Cryptorefills other than what is stated in these Terms.

5.0.3 The User grants Cryptorefills permission to use and incorporate into the Design, Service and Platform, User’s ideas or suggested improvements, without further compensation. All rights to patents, copyrights, trademarks and trade secrets in the Service or Platform or any modifications to it shall be and remain with Cryptorefills.

5.0.4 User must not misappropriate the design or content of Cryptorefills and must not alter or deface such design or content in any way. Nothing on Cryptorefills grants any license with respect to such design or content and any use by the User or a third-party must be authorized in writing by Cryptorefills.

5.0.5 Logos and trademarks used to signal the third-party providers to which each Product refer to are excepted from the foregoing and are Property of the Issuers and/or other third parties. Such logos and trademarks are used to make reference to the Product and/or to the Issuer of the Product. In no way does Cryptorefills claim, or represent, any sort of ownership, license, authorization, partnership or agreement with the owners or holders of the rights of such logos or trademarks, the Products or the Issuers. The logos and trademarks of the Products belong to their lawful owners and are used by Cryptorefills with the sole purpose of identifying the Issuer or the intended use of the Product on sale.

6. Disclaimers

6.0.1 Cryptorefills has concluded agreements with wholesalers to purchase Products from Suppliers in its own name. Cryptorefills sells the Products in its own name to its Users. As such, Cryptorefills is a reseller of the Product.

6.0.2 Cryptorefills is involved in the design, creation, organization, or management of the Product, and is not the owner or beneficiary of the Product. Cryptorefills has no role in determining the terms and conditions or any commercial or antifraud policy of the Product. Cryptorefills is not liable for any issue, damage or loss arising from the terms and conditions set by the Issuer of each Product.

6.0.3 Unless otherwise expressly mentioned, Cryptorefills is not sponsored by any Issuer, nor are we related, acting on behalf or under express authorisation of any Issuer.

6.0.4 At all times, the relevant Travel Service Provider (TSP) is responsible for providing the Travel Service to the User. Cryptorefills is not responsible for the provision of the Travel Services or the terms upon which they are offered. Cryptorefills is also not responsible for any default, defect, delay, or failure in any supply of the Travel Services by any TSP, or for any losses suffered or incurred by any traveler (directly or indirectly) as a result of any act or omission of the TSP. We make no representation, warranty, or commitment and shall have no liability or obligation whatsoever in relation to the TSPs, Travel Services, and Bookings (including information about the Travel Services, the actual provision of the Travel Services, and/or for the insolvency of the TSP).

6.0.5 If, during the Booking process, the User does not insert the correct data, the Travel Document details may not correspond to the name on the passport or photo identity of the traveler(s). This can result in the User being unable to use the Travel Product, such as being unable to check-in, board the flight, or stay in the hotel. Cryptorefills takes no responsibility for any issues arising from incorrect or mismatched Travel Document details. It is the User's sole responsibility to ensure that all information provided is accurate and matches the identification documents of all travelers.

6.0.6 When placing a Booking, the identity of the Airline Operator and the identity of the Airline Operators of any connecting flights for your Booking will be made known to User. User is aware that, due to circumstances beyond our control, the Airline Operator of User’s flight may be different from the one displayed at the time of User’s Booking. It is User responsibility to verify the identity of the Airline Operator servicing your flight prior to your departure;

6.0.7 The User, by purchasing one or more Products, enters into a contractual relationship with Issuers (for Card products), Mobile Operators (for Mobile products) and Travel Service Providers such as Airline Operators and Accomodation Service Providers, to which Cryptorefills is a third party, against which the contractual defences and rights arising from the relationship between User and such third parties shall not apply.

6.0.8 Before making a Card purchase on Cryptorefills, the User is required to engage in adequate due diligence of the terms and conditions of the Card Product being acquired in order to determine what respects its usability, any and all limitations of the Product and any enforcement against the Issuer. Cryptorefills will not accept or be liable for any claims in relation thereto. The terms and conditions defined by the Issuer in relation to the Product govern the Product acquired. For sake of clarity, Users acknowledge and agree that Cryptorefills is not liable for any decision or policy of the Issuer to refuse to accept the Card Product on the grounds of the terms and conditions that the Issuer applies in relation to the Product.

6.0.9 Cryptorefills makes no representation regarding the Product’s suitability for its intended use and make no other guarantees, warranties or representations in respect of the Product.

6.1 Responsibility of the user

6.1.1 The User is fully liable for any mistakes, losses or damages (against himself, us, or any third-party) arising from (i) the provision of incorrect, inaccurate or fake information and from (ii) the acquisition, resale, use or other related activities of the Product or the Loyalty Program, in a manner that infringes any applicable laws, regulations, contractual terms and conditions or other agreements.

6.1.2 The User is solely responsible for the accuracy and correctness of the information provided (including, but not limited to, email address, phone number, country, network operator, the amount of the top-up, and any details required for Travel Products) inserted on the platform or provided to Cryptorefills via email or through Customer Care. Cryptorefills shall not be liable for any consequences arising from the inaccuracy of the information provided by the User. For example, Cryptorefills will not be liable if the User inserts an incorrect phone number or email address and, as a result, does not receive the purchased Product. Similarly, Cryptorefills will not be responsible if the User provides incorrect travel details such as passport number, travel dates, or the names of travelers, leading to issues with the booked Travel Products. Additionally, if the User provides the wrong wallet address, resulting in the User not receiving a refund, Cryptorefills shall not be held liable.

6.1.3 In relation to Travel Products purchased on the Platform, certain conditions or restrictions may apply to Travel Documents, such as non-refundable terms or additional fees for amendments or cancellations. It is the responsibility of the User to thoroughly review each Travel Document upon receipt to ensure all details are correct and understood.

6.1.4 When purchasing Travel Products, User acknowledges that travel can involve unforeseen circumstances. It is highly recommended that the User considers whether travel insurance is required, especially for international trips. Travel insurance should cover medical expenses, personal injury, death, loss of luggage, loss of money, cancellation, and personal liability. User acknoledges that Cryptorefills does not sell travel insurance. Cryptorefills shall bear no liability for the general information provided or for User’s decision to purchase or not purchase travel insurance.

6.1.5 A Registered User is responsible for maintaining the confidentiality of its password and account and for any activities and transactions that occur under its account. Cryptorefills shall not be liable to any person for any loss or damage which may arise as a result of any failure by the User to protect its password or account.

6.1.6 Registered Users or beneficiary of any Reward or Privilege is responsible for paying all applicable taxes, fees, levies and/or surcharges associated with the issue or use of a Reward or Privilege. Furthermore, the Registered User or the beneficiary will adhere to any legally or otherwise required country-specific regulation and check the customs formalities in force in the destination country before redeeming a Reward.

6.2 Unlawful use

6.2.1 The Cryptorefills Services, Platform, Loyalty Program and any Products purchased from Cryptorefills shall not be used, in any way, to infringe or circumvent the applicable laws and regulations.

6.2.2 Cryptorefills will restrict User access, terminate Registered User Accounts and communicate to the relevant authorities any User activities such as Account data and purchase history, should Cryptorefills become aware, or reasonably suspect, that a User is conducting unlawful activities, or otherwise breaking applicable laws and regulations, or third party rights.

6.2.3 Those who choose to access Cryptorefills, access it on their own initiative and are responsible for compliance with all local laws and regulations. If it is illegal or prohibited in the User’s country of origin to access or use Cryptorefills, or to buy or use any of the Products, then the User shall not do so and in doing so is breaching these Terms.

6.3 Limitation of Liability

6.3.1 Cryptorefills shall in no event be responsible or liable vis-à-vis the User, Issuers or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any loss or damage (including loss or damage incurred from third parties), arising out of or related to the Service or Platform or any Data accessed through the Platform or Software, including, but not limited to, special, incidental, exemplary, punitive, direct, indirect or consequential damages, damages for any loss of profit or revenue, injury to person or property, business interruption, or loss of business or personal information, even if Cryptorefills is advised of the possibility of such damages. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

6.3.2 In jurisdictions that limit the ability to disclaim liability, Cryptorefills liability shall be limited to the greatest extent permitted by applicable law.

6.3.3 No members of the Cryptorefills team (including employees, contractors, directors, management members and other collaborators) shall have any liability in relation to the use of, or reliance upon, Cryptorefills or the Products purchased by Users.

6.3.4 Cryptorefills shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials of Cryptorefills.

6.3.5 Cryptorefills accepts no responsibility whatsoever for viruses, malware or other malicious or damaging software on User’s devices.

6.3.6 Third-party content. The Cryptorefills Service, including its website and application may include links to third-party websites, or third-party plug-ins and applications. Cryptorefills has no control over these third-parties or over the content, products, services and technologies they offer, and therefore does not accept any responsibility whatsoever for third-party sites available through Cryptorefills via hyperlink, nor their respective contents, hyperlinks or security flaws. Any access to, or use of, a third-party site is solely at the User’s own risk. Likewise Cryptorefills doesn’t accept any responsibility for third party technologies used within the Cryptorefills Platform.

7. Personal data protection and privacy

7.0.1 Our Privacy Policy defines how Cryptorefills collects, processes, accesses, stores and deletes User’s data.

7.0.2 The User shall visit and review our Privacy Policy and shall not proceed with using Cryptorefills if the User does not agree and consent with it. Unregistered Users must provide explicit consent of the Privacy Policy for each Purchase they make on Cryptorefills website or application. Users are required to accept the Privacy Policy when applying for a Registered Account.

8. Programmable gift cards

Cryptorefills is progressively making available in different regions a new product called programmable gift cards (‘PGC’) and sometimes also referred to as NFT Gift Cards on the Cryptorefills platform and marketing communication.

PGCs are issued in the form NFTs on various blockchains, sidechains or layer 2 networks such as but not limited to Polygon and Optimism. Programmable gift cards are NFTs with some additional properties, such as but not limited to:

  • Programmable gift card issuer – This is the organization that issues the PGC
  • Programmable gift card face value – This is the total value of products and services that can be redeemed using the PGC at the moment of issuance. This value may be expressed in fiat terms (USD, EUR, etc.), in crypto terms (USDT, LTC, etc), or in terms of products or service amounts (for example: 3 months subscription, 20 game credits).
  • Programmable gift card stored value – This is the total value of products and services that can be redeemed using the PGC. It is equal to the difference between the Face Value and any amount spent through the card. For example, if a PGC has a 100 USDT Face Value and the user spends 60 USDT for a product, the remaining stored value in the PGC is 40 USDT.
  • Programmable gift card balance expiry. This is the date after which the PGC stored value will go to zero and therefore cannot be used to make purchases. For the sake of clarity this means only the balance contained in the PGC expires and that the NFT instead survives.
  • Programmable gift card redeemer. This is the store or stores that will accept the Programmable gift card in exchange for products and services. Generally, the Issuer and Redeemer are the same organization, but exceptions may apply.

If you purchase or receive a programmable gift card issued by Cryptorefills you are bound to the terms of Atomicrails as well as bound to the following terms concerning any use of and interaction with Cryptorefills PGCs

8.1 Claiming PGCs

Within these terms we refer to claiming a PGC as the set of processes, procedures the user must undertake to claim within their wallet a newly issued Cryptorefills PGC firsthand, therefore directly from Cryptorefills (via the atomicrails app) and not through intermediaries, market places or third parties.

To claim a Cryptorefills PGC:

  • You must have either purchased a PGC or have been rewarded with a PGC by Cryptorefills as part of its marketing and or loyalty programs and campaigns (PGC Rewards).
  • You must own, have access to and be able to operate a wallet that supports standard NFTs (ERC 721). Cryptorefills may suggest some wallets the company believes to be user friendly and/or adequate for the purpose of claiming, storing, and redeeming PGCs. Cryptorefills does not own or operate any of such wallets, but suggests these based on public market data and internal testing of their usability in relation to PGCs. Therefore, you hereby agree that Cryptorefills does not take any responsibility for any losses you may incur in downloading or operating such wallets suggested by Cryptorefills in relation to PGCs or any other service or product provided by such wallets.
  • You must complete the instructions as provided to you by Cryptorefills. These instructions usually entail accessing a specific URL provided by Cryptorefills and undertaking certain steps such as connecting your wallet to the app.atomicrails.com dapp to gain access to the PGC.
  • Depending on the flow and the PGC issued you may need to sign a transaction to prove the ownership of your wallet as well as pay fees in terms of “gas” to obtain the PGC. In the event there are costs such as blockchain fees or “gas”, you understand and agree that those are costs you will incur in the process and the Cryptorefills, nor the issuer, redeemer or any third party is liable for the costs you may incur in claiming a PGC.

8.2 Storing and Accessing PGCs

  • PGCs may be stored on any ERC 721 compatible wallet
  • Many wallets do not expressly show the PGC and/or the related image linked to the NFT in the user interface of the wallet. You accept that Cryptorefills has no responsibility for if and how the NFT appears in the wallet.
  • You agree and accept that wallets do not display the additional gift card properties such as redeemer, issuer, stored balance, or expiry date of the PGC. These properties can be visualized by connecting your wallet to the app.atomicrails.com website. You agree and accept that the properties including stored balance and expiry date are the ones written on the ledger on which the PGCs are issued, or in other terms the ledger is the “only source” of truth with respect to the properties of the PGC. This information may be accessible through app.atomicrails.com

8.3 Redeeming PGCs

Within the context of this agreement, we refer to Redeeming the PGC as the process and procedures through which the user, unloads a part of or the entire stored balance of the PGC in exchange for an equal amount of product made available to the user by the redeemer.

You agree that the only organization that is responsible for redeeming the PGC is the Redeemer as identified in the properties defined on the blockchain ledger on which the PGC was issued. In the event that Cryptorefills is the Redeemer organization defined on the smart contact, the following terms will apply:

  • You accept that by possessing a PGC you have a claim for products only for an amount less or equivalent of the stored balance in such PGC. You also accept and agree that the stored balance can only be redeemed for products and or services of Cryptorefills and that you have no right in claiming such amount in monetary fiat or crypto terms.
  • You also accept that Cryptorefills may restrict the use of the stored balance of the PGC only to certain categories of products or services (for example only for travel or game products). Furthermore, Cryptorefills may impose some minimum spending amounts to be reached in order to use the PGC. For example, Cryptorefills may impose a minimum of 10 usd worth of purchases in order to redeem stored value in the PGC.
  • You accept and agree that the only way to redeem the PGC is through the instructions made available to you through the app.atomicrails.com website and/or through the marketing communication or other information and instructions made available to you by Cryptorefills. If you are not willing to undertake the processes to redeem the PGC as instructed by Cryptorefills, you have no claim on products.
  • You accept and agree that from time-to-time Cryptorefills, in its capacity of its redeemer role, may not be able to fulfill your request to redeem a PGC, due to out of stock issues, unavailable products for your market or region, or other technical reasons. In such cases, when possible, you will be offered the possibility to redeem the PGC for other products available by the redeemer. If no other product is available, if there has been no breach of the user terms, and if Cryptorefills at its own discretion believes this is safe in terms of regulation, security, and in line with its own commercial policies, Cryptorefills may offer the PGC User a monetary refund.

8.4 Transferring PGCs

  • Unless specified within the protocol you are free to transfer the PGC between any wallet you own or towards third parties. You accept and agree that you will do so at your own risk.
  • In the event a PGC has royalty properties (as defines in ERC 2981 or other similar standard or technology) you accept to pay the royalties.

8.5 Reselling PGCs

  • Unless otherwise specified within the protocol you are free to resell the PGC directly or, when these are supported, through third party marketplaces.
  • In the event you decide to resell the PGC you are free to determine the sale price at your own discretion. You accept and agree that Cryptorefills does not in any way guarantee the resale value if any. The value of the PGC is determined by many factors such as market conditions, and that the PGC could be even worth less than its stored balance, even worth nothing in terms of resale value.
  • You accept and agree that if a royalty is programmed within the PGC, the royalty will be paid to Cryptorefills or other party as defined in the smart contract in the event of a sale.
  • You accept and agree that if you use a third party NFT marketplace to resell the PGC you may incur costs that will be entirely on your behalf. You also accept and agree to abide by the terms and conditions of the third party marketplace you utilize for the purpose of reselling the PGC.
  • You accept and agree that in the event you undertake the process of reselling the PGC YOU WILL NOT MAKE ANY MISREPRESENTATION IN RELATION TO THE STORED VALUE (BALANCE) OF THE PGC. To make this clear just for avoidance of any doubt you will not try to induce someone to purchase the PGC claiming there is a certain available balance on the PGC when there isn’t.

8.6 Purchasing PGC from 3 parties and marketplaces

If you purchase the NFT from an organization that is not the issuer of the PGC it means you are purchasing from a third party. This can be an individual or organization that is selling the PGC directly to you, or it can be a third party marketplace that enables the resale of NFTs which is the technology on top of which PGCs are built on. If you purchase the PGC from a third party, and for avoidance of any doubt, if you purchase the PGC from a party, organization, or individual, that is not Cryptorefills, you accept and agree that:

  • You are purchasing the PGC at your own risk. Specifically, you understand that third parties may incorrectly describe the properties of the PGC or underlying NFT, they may misrepresent or overstate the value of the PGC both in terms of the overall value, or specifically in relation to specific properties of the PGC. A third party may misrepresent the stored balance of the PGC which may have been totally or partially spent or may misrepresent aspects of the redeemability such as which organizations will accept the PGC in exchange for products or aspects related to specific limitations of the products that can redeemed through the PGC. The only source of truth in relation to the properties of the PGC including its stored balance and redeemability is the ledger on which it was issued. By using the app.atomicrails.com dapp it is possible to check the current properties of the PGC.
  • You specifically accept and acknowledge that you incur the risk of purchasing a counterfeit PGC, or a PGC whose balance has already been partially or totally redeemed, and therefore Cryptorefills, in such cases has no liability with respect to any claims for products or services, or refunds.
  • You accept and agree that if a royalty is programmed within the PGC, the royalty will be paid to Cryptorefills or other party as defined in the smart contract in the event of a purchase in the secondary market.

8.7 PGC rewards

From time to time, Cryptorefills may offer its Users and potential Users free PGCs as part of its marketing, promotional and loyalty campaigns. These may be marketed as PGCs or NFTs or other names based on the promotional campaigns. Anytime a marketing and/or loyalty campaign is activated by Cryptorefills entailing rewarding Users or potential Users with NFTs that are in anyway spendable on Cryptorefills, this campaign is making reference to PGCs. In case you decide to participate in a campaign involving the distribution of PGC rewards you agree to and accept the following.

  • The specific terms and rules concerning PGC rewards, including the eligibility to obtain the PGCs, the properties of the PGCs including their face value, stored balance, expiry date and redeem mechanics will be communicated in the Marketing Materials of the campaign, such as in the dedicated insights page on the Cryptorefills blog or other section of the website or other communication mediums such as newsletters.
  • Not withstanding the rules and regulations of the specific campaigns you also agree and accept to abide by all the terms and clauses in this entire agreement.

8.8 Assumption of risk

  • PGCs are issued as NFTs with additional properties that allow to redeem the stored balance at the redeemer.
  • Cryptorefills makes no representation or warranty on the product obtained in exchange for redeeming the stored balance of PGC. Specifically Cryptorefills cannot guarantee the availability in stock of the product or service to be purchased, the availability of the product or service in the country or region of the user making the redeem, the quality or proper functioning of the product purchased in exchange for redeeming the stored balance of the PGC.
  • A PGC contains textual descriptions as well as an image linked to it. In the event you are storing a PGC which is issued by Cryptorefills you accept and agree that:
    • If an image is branded with Cryptorefills logo and/or look and feel, you agree and accept that Cryptorefills is and remains the sole owner of the Cryptorefills logo and trademark and that ownership of a PGC with the Cryptorefills logo or trademark does not in anway transfer you any right on the Cryptorefills logo or trademarks; you will not use the PGC in anyway that can damage the reputation of Cryptorefills or any of its partners.
    • If the image, video or other creative linked to the PGC has been designed or developed by an artist, designer, individual or company that is not part of the Cryptorefills organization, and that such designer, individual, or company has transferred the rights to Cryptorefills, Cryptorefills transfers the ownership of the image, video or other creative to the owner of the PGC, defined as the individual or organization storing the PGC in their wallet. However, Cryptorefills retains the rights to use such image at its own discretion for its own marketing purposes including social media posts and newsletters.
  • In the event the PGC is issued by Cryptorefills on behalf of third-party organizations you acknowledge the third party merchant is the sole owner of the brand and trademark and that you will not in anyway use the PGC in a way that could damage the reputation of the third party merchant.
  • You understand that you are responsible for any fees related to use of the PGCs, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.
  • We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Cryptorefills has no ability to reverse any transactions on the blockchain.
  • We do not have control over 3rd party services that may be enablers of PGCs or of PGC features such as the servers on which the image of a PGC is stored and therefore will not take any responsibility if due to disruptions, failures or termionation of third party services a PGC becomes partly or totally unusable.
  • There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Cryptorefills will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.

8.9 Use of programmable gift cards (pgcs) for fraud or criminal activities

You explicitly agree and acknowledge that any use of Programmable Gift Cards (PGCs) issued by Cryptorefills for fraudulent or criminal activities is strictly prohibited. Such activities include, but are not limited to, money laundering, terrorist financing, identity theft, unauthorized access, and any form of financial fraud. Cryptorefills reserves the right to take appropriate legal action against any individual or entity suspected of engaging in fraudulent or criminal activities involving PGCs. This may include reporting such activities to relevant law enforcement authorities, suspending or terminating access to Cryptorefills services, and freezing or reclaiming any PGCs involved. Furthermore, Cryptorefills reserves the right to void the balance of any PGC issued and/or redeemable by Cryptorefills if there is suspicion of fraud or criminal activity. Cryptorefills will cooperate fully with legal authorities in investigations of suspected criminal activities, which may involve sharing your personal and transactional information with these authorities. You are responsible for ensuring that your use of PGCs complies with all applicable laws and regulations, and you agree to indemnify and hold Cryptorefills harmless from any claims, losses, or damages arising from your misuse of PGCs.

9. Miscellaneous

9.1 Amendments to the terms

9.1.1 Cryptorefills reserves the right to amend these Terms at any point, without any obligation of prior and/or public notice. As such, Users shall refer to the present hyperlink before browsing the Cryptorefills website or application and before completing any purchase.

9.2 Jurisdiction

9.2.1 These Terms shall be governed by and construed in accordance with the laws of the Netherlands. The User agrees to submit to the jurisdiction of the Netherlands courts to settle any disputes arising in connection with this Terms.

9.3 Enforceability

9.3.1 In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

9.4 Entire agreement

9.4.1 These Terms, together with the Privacy Policy, set forth the entire agreement between the User and Cryptorefills with respect to the subject matter hereof and supersedes all prior agreements relating to such subject matter.


Triple-A Terms & Conditions

Any time you (the “User”) complete an Order via the Binance Channels as defined in the definitions below, you enter into a direct agreement with Triple-A and accept all the conditions as set out here in the Triple-A terms and Conditions, as well as the Triple-A Privacy Policy.

Definitions:

“Cryptorefills”: the website www.cryptorefills.com and/or Cryptorefills iOS/Android native applications and/or Cryptorefills applets or widgets.

“Binance Channels”: the Binance Mini Program and/or Binance Pay.

“Binance Mini Program”: a store available as an applet within the Binance Application and/or website.

“Binance Pay”: a payment service offered to the user by Triple-A through which it is possible to pay directly from a Binance account for the Products

“Triple-A” means Triple A Technologies Pte Ltd a company registered in Singapore at 160 Robinson Road #14-04 SBF Center Singapore 068914.

“Order” means the process of 1. selecting one or more products or service on Cryptorefills 2. Accepting the Terms and Conditions 3. Clicking on the “proceed to payment” button 4. Making the payment according to the instructions.

“Product”: any gift card, mobile credit top up or other product made available to the User on Cryptorefills

Purchase Agreement

You accept and agree that any time you complete an Order on Cryptorefills via the Binance Channels you are purchasing Products from Triple-A.

Once you have properly completed the payment you will receive the product either via email or over-the-air in the case of certain mobile data and credit top ups. You will also receive from Triple-A a receipt of your purchase which lists the products you purchased and the price you paid for the purchase.

User Data Rights: Triple-A has the the right to access, store, handle and use your personal data colleted during the Order process in accordance with the Triple-A Privacy Policy. Triple-A has also the right to provide your personal and transaction data to Big Dream Ventures BV (which manages the platform) in accordance to the Cryptorefills privacy policy. Lastly, Triple-A has the right to provide your personal data and transaction data we have collected to any police authorities and government agencies, only in the event we receive a legitimate request to provide such information.

Refusal and Cancellation: Triple-A has the right to refuse to sell you products and the right to cancel an order you paid for. The reasons for refusals may be based on international regulations, on compliance requirements between Triple-A and its partners, Triple-A’s AML/CTF and Risk policies, or any other reason for which Triple-A at its own discretion may decide to refuse to sell you a product. In the event of a cancelation, we will return you the funds you paid to Triple-A only in the event we are allowed by law to do so.

Refunds: If you successfully complete a purchase for a Product, and for any reason such Product is not available, You will grant Triple-A 5 business days to check with its suppliers if and deliver you the Product. If within 96 hours from when the purchase was completed Triple-A was unable to deliver the product, you will be entitled to a refund and the Triple-A customer care will inform you by email. In the communication with the customer care you will be given the option to wait and see if such product is available in the future or if you want another product available from the Cryptorefills catalog. Any time a refund is granted to you, it will be provided to you within the following 48 hours.

If for any reason you are not able to redeem the Product, Triple-A will provide a first support to understand the reason. You acknowledge that Triple-A will at its own discretion decide if it has delivered to you a properly working product or not. If Triple-A, at its own discretion, deems that the product was not functioning, the user will receive a reimbursement within 48 hours after Triple-A’s assessment. To be clear, and for avoidance of any doubt, if you use the Product purchased from Triple-A in violation of the issuing Merchant’s policies, such as but not limited to, violations of geo restrictions, maximum balances or identification requirements resulting in the Product being voided or canceled by the issuing merchant, you will not receive any reimbursement by Triple-A.

Spending Limits:

When you purchase from Triple-A, you acknowledge and agree that you will be allowed to purchase a limited amount of Product and up to a certain amount in aggregate value as defined in the table below:

Tier 1 Users: Unregistered Users

Daily Limit: 2.000 Euro

Monthly Limit: 5.000 Euro

Tier 2 Users: Registered Users

Daily Limit: 5.000 Euro

Monthly Limit: 10.000 Euro (Maximum amount per single Purchase 2.000 Euro)

You also acknowledge that these spending limits are combined with the spending limits you agree to when purchasing from Cryptorefills via a non Binance Channel. As an example, and for further clarity: if you are a registered user and you purchase from Triple-A 3.000 Euro worth or products in a calendar month, you will have the right to purchase a maximum of 7.000 Euro worth of products of Cryptorefills either from Triple-A or via Cryptorefills directly or other partners.