Terms and conditions

These Terms and conditions govern the use by the customers (hereinafter "Client") of the services that Tokky OÜ, a company established and existing under the laws of Estonia, with registry code 14486756, located at Narva mnt 5, Tallinn, 10117 Estonia (hereinafter "Tokky"), provides via the website https://tokky.cards/, and the electronic device application (hereinafter "Platform").

Upon using the Platform and the services provided via the Platform (hereinafter "Service"), the Client accepts these Terms and Conditions. By accepting these Terms and Conditions and using the Platform, the Client confirms that he/she/it has read carefully the Terms and Conditions and agrees to be bound by the Terms and Conditions. Once the Client has accepted the Terms and Conditions, these shall become a binding agreement entered into between Tokky and the Client (hereinafter the "Agreement") that regulates the provision of the Service.

  1. THE SERVICE

    1. The Platform allows the Clients to purchase regular gift cards, vouchers and reloadable cards (hereinafter "Gift Cards") for personal discount shopping or as a gift from Tokky’s various partner companies (hereinafter the "Partners"). The offered Gift Cards can have the following characteristics (it is the Partners’ sole discretion which types of Gift Cards they offer on the Platform):
      1. Gift Card with the value of the sum added to the card by the Client, allowing the Client to purchase goods in the total amount paid for the card;
      2. Gift Cards with an initial purchase discount (optional), i.e., the Client will pay less for the Gift Card than what the Gift Card can be used to purchase for (e.g. the Client will pay €15 for a €20 Gift Card);
      3. Gift Cards with a redemption discount (optional), which means that the Partners offer a discount on each payment with the purchased Gift Card in the value that is marked on the Gift Card (e.g. the Client will receive a 5% discount on each payment);
      4. Top-up Gift Card (optional) - businesses can offer their customers the option to add additional amounts to the card and use the discounts that the card already has;
      5. Top-up discount (optional) - if the top-up option is enabled, businesses can offer a discount for each time the users add money to the card (e.g. it will cost the Client €9 to add €10 of value to the Gift Card).
    2. The Gift Cards are a prepayment method for any services provided by their issuers, i.e. the Partners. By purchasing the Gift Card, the Client is deemed to make an advance payment to the Partner in the value of the purchased Gift Card. The Gift Cards can be used on the terms and conditions specified by the Partners. The Gift Cards are accepted by the respective issuing Partners themselves.
    3. Generally, the Partners will not withdraw the amounts paid for the Gift Cards. The Clients must keep in mind that the Gift Cards are only valid during the expiry period established by the Partner.
    4. The Clients must check that the Partner issuing the Gift Cards is trustworthy, the services or goods that can be purchased in exchange for the Gift Cards are legal, and that actual goods or services can be purchased with the purchased Gift Cards.
    5. Tokky is not an issuer of the Gift Cards and therefore shall not in any circumstances be responsible for the content of the Gift Cards and for their redemption.
    6. Tokky is only a technical service provider providing the Platform where the Partners can create and issue the Gift Cards and the Clients can purchase them.
  2. USE OF THE SERVICE

    1. Before the Client can enter the Platform and purchase any Gift Cards, the Client shall create a user account on the Platform, providing their name, e-mail address and selecting a password for logging into the Platform. Unregistered users can only browse available Gift Cards and the Partners, but cannot make any purchases.
    2. The Client confirms that all the data submitted upon registration is correct, accurate and complete.
    3. In order to enter into this Agreement and use the Tokky Services, the Client must have active legal capacity. The Client that is a natural person, must be at least 18 years old. If the Client is a legal person, the representative must be duly registered and have full passive legal capacity. If the Client is concluding the Agreement on behalf of a legal person, the representative confirms that it has the legal right to undertake binding obligations on behalf of this person.
    4. The Client is responsible for safeguarding their login credentials, including the login password, and must supervise and be completely responsible for any use of the Tokky Services with these login credentials, including by any and all authorised users.
    5. To use the Platform and the Gift Cards, the Client may be required to have additional technical and organisational arrangements required to make payments for the purchased Gift Cards as explained in section 3, as well as to use the Gift Cards with the Partners.
  3. PAYMENTS

    1. The Clients shall pay for the Gift Cards in the amount stipulated by the Partners as indicated on the Platform.
    2. The Clients can use the following payment methods for the Gift Cards:
      1. In-store payments
      2. Bank transfer to Partners bank account
      3. Payments with ePay.bg to Partners ePay account
      4. Payments with a debit and credit cards toPartners account
    3. Each Partner can enable or disable any of the payment methods
    4. Tokky does not receive or hold funds of any kind. Therefore, Tokky declines any liability regarding payments for the Gift Cards and for preserving the Gift Cards and any payments received for them.
    5. Tokky may, at its own discretion and subject to corresponding prior notice to the Clients, apply other means of payment on the Platform. Such new means of payment may be subject to additional requirements applicable to the Clients.
    6. Tokky does not charge the Clients for the use of its Services and the Platform.
  4. REDEMPTION OF THE GIFT CARDS

    1. Depending on the details provided by the Partner on the Platform, the Client shall use the Gift Cards in store or on an online platform of the Partners.
    2. If the Client wishes to use the Gift Card to purchase goods offered by the Partners, the Client shall visit an online platform or a store of the relevant Partner, choose suitable goods or services, choose the suitable Gift Card previously purchased from the Platform and scan the QR code with his/her device to activate the use of the Gift Card. Upon doing so, the Client receives full details via the Platform regarding usage of the Gift Card, the amount of the purchase price covered with the Gift Card and the remaining amount of the purchase price.
    3. No movement of funds shall take place between any of the parties at this stage.
    4. The Client shall be deemed to have decided to use the Gift Card after he/she/it has scanned the QR code. Subject to the terms of specific Partners, they may additionally request confirmation of the Client’s wish to use the Gift Card, in which case such a confirmation shall be deemed to be the final decision of the Client.
    5. Information on the use of the Gift Card shall be recorded on the blockchain.
  5. TERMINATION

    1. The Client has the right to terminate the Agreement and delete the user’s account on the Platform at any time without prior notice.
    2. Tokky shall be entitled to ordinarily terminate the Agreement at any time by providing to the Client at least 30 days’ prior written notice.
    3. Tokky shall have the right to terminate the relationship between Tokky and the Client at any time with immediate effect by deleting the Client’s account, if
      • (a) the Client has provided insufficient or inaccurate information;
      • (b) the Client is not eligible or authorised to use the Tokky Services or
      • (c) the Client has violated the Terms and conditions in any other manner and has not remedied such a violation upon receiving the relevant notice from Tokky.
    4. In case of termination of the Agreement for any reason, Tokky shall delete any of the Client’s data according to Tokky’s privacy policy.
    5. Termination of the Agreement as stipulated herein, shall not come into force until the Client uses the Gift Cards purchased by him/her/it prior to the termination. In this case the Client shall be obligated to use the remaining Gift Cards within six (6) months after termination, otherwise they will expire.
  6. LIABILITY

    1. THE TOKKY PLATFORM AND ALL INFORMATION AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES REGARDING THE ACCURACY, CURRENCY, COMPLETENESS, ADEQUACY, AVAILABILITY, SUITABILITY OR OPERATION OF THE PLATFORM, ANY PRODUCTS OR SERVICES TOKKY MAY PROVIDE THROUGH IT OR THE INFORMATION OR MATERIAL IT CONTAINS.
    2. TOKKY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION:
      • (A) ANY WARRANTY WITH RESPECT TO THE CONTENT, INFORMATION, DATA, SERVICES, AVAILABILITY, UNINTERRUPTED ACCESS, OR SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PLATFORM;
      • (B) ANY WARRANTIES THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS;
      • (C) ANY WARRANTIES THAT THE PLATFORM, ITS CONTENT AND ANY SERVICES OR PRODUCTS PROVIDED THROUGH IT ARE ERROR-FREE OR THAT DEFECTS IN THE PLATFORM, ITS CONTENT OR SUCH SERVICES OR PRODUCTS WILL BE CORRECTED;
      • (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
      • (E) ANY WARRANTIES THAT THE PLATFORM WILL BE COMPATIBLE WITH ANY COMPUTER OR OTHER ELECTRONIC EQUIPMENT; AND
      • (F) ANY WARRANTIES OF NON-INFRINGEMENT.
    3. In addition, to the maximum extent permitted by law, Tokky shall not be responsible or liable for:
      1. any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of the Platform or any of its content;
      2. any reliance on, or decision made on the basis of information or material shown on or omitted from the Platform;
      3. any matter affecting the Platform or its content caused by circumstances beyond Tokky’s reasonable control;
      4. the performance of the Platform and any fault, delays, interruptions or lack of availability of the Platform and any of the Services or products provided through the Platform, which may occur due to increased usage of this Website, intermittent failures of this Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
      5. any information or material on any website operated by a third party, which may be accessed from the Platform.
    4. Due to unforeseeable events, Tokky cannot warrant or guarantee that the use of the Service will always be uninterrupted, timely, secure or error-free. The Client understands that there might sometimes be occasions when the Service may be interrupted for a certain time period, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. However, Tokky shall use its best endeavours to minimise those occasions.
    5. Tokky does not warrant or guarantee that the Service will be compatible with any or all hardware and software which the Client may use.
    6. Tokky does not warrant or guarantee that the Services are legal in all countries. Additionally, the Services may at any time become prohibited or regulated in any country. Due to this Tokky may be required to postpone its activities or change them significantly.
    7. Tokky may, at any time, provide or make available updates or upgrades to the Service, including without limitation, bug fixes, service enhancements, new features, deletion of existing functions, or modifications. Updates will be governed by these Terms and conditions, unless separate terms and conditions are provided with such updates, in which case those separate terms and conditions shall govern the updates. Tokky shall notify the Clients about any changes in these terms and conditions.
  7. COMMUNICATION REGARDING THE SERVICE

    1. All notices and communication between Tokky and the Clients in connection with the provision of the Services shall be conducted in writing via the Platform, email or registered post.
    2. Tokky’s email address is [email protected] and postal address Narva mnt 5, Tallinn, 10117 Estonia.
    3. Tokky shall reply to notices and requests upon receiving them within 14 calendar days.
    4. All notices and communication regarding the goods purchased with the Gift Cards shall be submitted to the relevant Partner that sold such goods.
  8. MISCELLANEOUS

    1. In the event that any provision of this Agreement proves either fully or partially invalid, unenforceable or illegal for any reason, such a provision shall be complied with to the maximum possible extent. This shall not affect the validity and enforceability of the other deadlines, terms and conditions or provisions or parts thereof.
    2. The provision of the Services according to these Terms and Conditions is governed by the laws of the Republic of Estonia.
    3. Any disputes arising from the provision of the Services according to these Terms and Conditions that cannot be resolved by way of negotiations shall be settled in the Harju County Court in the Republic of Estonia.