Terms of use

  1. DEFINITIONS 

    • “Account” – technical account in EURG tokens of the Client in the Operator’s records where the Operator accounts Client’s Points and that serves for Accrual, Disposal and Cancellation of Points. The Account is not an account with the financial service provider.
    • “Accrual” means a procedure of increase of amount of Client’s Points in accordance with the Agreement.
    • “Adventarium” means a company Adventarium PTE. LTD, registration No. 201835219H, having its principal place of business at: 101 Cecil Street #16-04 Tong Eng Building Singapore 069533, that provides with the technical help of the Operator services to Operator’s Client.
    • “Agent Program” means program governed by the Agent Agreement of Adventarium, involving receiving the referral commission by the eligible Client and being operated with the technical help of the Operator.
    • “Bonus Points” means additional Points that the Client receives under certain condition of Program.
    • “Client” means a private individual meeting the following provisions:
      1. who is at least 18 years old;
      2. who has applied to Operator for Services;
      3. who accepted these Terms of Use.
    • “Contract” means the agreement between Client and Operator and that consists of:
      1. General Terms and Conditions of Business of the Operator (that are available at: https://www.gekkoin.com/);
      2. These Terms of Use (“Terms”) (available at: https://www.gekkoin.com/);
      3. any amendments, annexes and supplements to the above stated documents and that can be from time to time adopted by the Operator as provided herein.
      The Contract shall be applicable to the provisions of the Program only. Any relations between the Operator and the Client beyond the Program shall be governed by the General Terms and Conditions of Business of the Operator and other related documents. In the event of discrepancies between the provisions of the General Terms and Conditions of Business and these Terms, the provisions of Terms shall prevail.
    • “EURG” means utility token, issued by Adventarium and bought or transferred into the Account in the Personal Cabinet. EURG is being used in the Gekkoin ecosystem for purchasing the Sevices.
    • “Operator” means a company AtlantEX OÜ, registration No. 14648093, registered office: Peterburi tee 47 Lasnamäe linnaosa, Tallinn Harju maakond 11415, that provides Clients services in line with its business activity. Operator shall implement and administer the Program, including accounting, Accrual and/or Cancellation of Points within the scope of the Program.
    • “Personal Cabinet” is the combination of the tools operated by the Operator (available at: https://node.gekkoin.com/) with help of which a Client gets the services and receives the information on the Account and gives instructions to carry out transactions with the funds on their Account. The Personal Cabinet is administered and supported by the Operator.
    • “Point” means a conditional unit that is accrued and disposed by the Operator in accordance with these Terms. The Points shall be used solely for accounting reasons and shall not be used as a payment instrument or any type of money (including electronic money). The Points cannot be converted into cash, donated to the third parties or inherited. These Terms allow the following operations with the Points:
      1. Accrual – procedure that results in increase of amount of Points at the Account pursuant to the Contract;
      2. Cancellation – procedure of cancellation of the Client’s rights to dispose the Points (as provided below) that were previously accrued at the Account by disposing the Points as provided in the Contract;
      3. Disposal procedure that results in decrease of amount of Points at the Account pursuant to the Contract.
    • “Program” means Loyalty program “Gekkoin”, implemented by the Operator. The Program is intended for promotion and strengthening of loyalty to the Operator and is implemented as system of accrual and disposal of Points.
    • “Services” means services provided by Operator to the Client, including, but not limited to, holding of cryptocurrency assets, assets exchange, Account management, execution of payment transactions and the participation in the Program.
    • “Transaction” means the payment operation of the Client with the Account that is, in accordance with the provisions of the Program, eligible for the changes in the number of Client’s Points.

  2. GENERAL

    1. These Terms define the provisions of use of the Account, and the implementation of the Program by the Operator and participation of the Client in the Program.
    2. The Client joins the Programs when he agrees with this Terms of Use and sends a request to join the Program to the Operator via Personal Cabinet.
    3. The Program allows Clients to use Points while purchasing services with the Account.
    4. The Program is not a lottery.
    5. The Program shall be effective for the indefinite period. The Operator shall be entitled to unilaterally terminate the Program in accordance with the provisions specified in the clause 3.16 of these Terms.
    6. The Client can stop participating in the Program in accordance with this Terms of use by sending a confirmation via Personal Cabinet. The Client can renew participation in one of the Programs sending a confirmation via Personal Cabinet.
    7. Joining the Program, the Client confirms that he/she has read the Contract and these Terms, expressly accepts the provisions of the Program and is obliged to follow them.
    8. These Terms shall be treated as the public offer.

  3. LOYALTY PROGRAMS. POINTS

    • Loyalty Programs
      1. The Program - 3% per annum of the balance in Client’s Points implies the payment of Bonus Points under the following conditions:
        1. the weighted average balance in Client’s Points for the reporting period is equal to or greater than 300 EURG;
        2. Bonus Points are paid on balance less than 100,000 EURG.
      2. Calculation period - from the 10th day of the previous month to the 10th day of the current month (including the first day but not the last).
      3. Calculation Procedure for First Program:
        1. The calculation of the average balance
          The weighted average balance is calculated to verify the participant’s compliance with the conditions of the Program:
          #
          Where,
          • Balance at 24-00 – the balance in Client’s Points gathered at 24-00 every day
          • Day - every day when the Program was enabled
          • n - the number of days the Program was enabled
        2. Number of purchases
          The sum of all purchases for the reporting period converted to EURG. Used to calculate the Program participation conditions.
        3. Calculation of Bonus Points
          #
          Where,
          • Balance at 24-00 - the balance in Client’s Points gathered at 24-00 every day.
          • Day - every day when the Program was enabled.
          • n - the number of days when the Program was enabled.
          • The actual number of days in a year - the actual number of days in a year passed on the settlement date.
          • % bonus - the percentage of the remaining points paid as Bonus Points.
    • Accrual
      1. Accrual of Points is performed by the Operator for the purchase of Points, which the Client makes when the Operator receives Client’s funds in accordance with clause 2.9, and for Transaction.
      2. Accrual of Points is made with ratio 1 EURG = 1 Point, unless otherwise is provided by the Operator in accordance with the Loyalty Program provisions when a Client is granted bonus Points for certain Transactions.
      3. The Bonus Points are accrued in the amount of the rate specified in the clause 3.1, provided that the Client fulfils the conditions specified in the clause 3.1 in relation to the minimum average monthly balance on the Account and/or the minimum turnover per month.
      4. Accounting of Points is performed by the Operator in its accounting system.
      5. The Points shall not be accrued:
        • for transactions that later result in repayment of funds.
      6. The Points for the accounting period (calendar month) shall be accrued in accordance with the clauses 2.9 and 3.5 provided that at the date of accrual the Client has no outstanding liabilities to the Issuer under the Agreement. If there are any outstanding liabilities, the Issuer shall be entitled at any time and without prior notification to the Client to debit the Client’s funds in the amount of such liabilities.
      7. Accrual of Bonus Points for the Transactions in accordance with the Agreement shall be performed by the Operator by increasing the amount of Client’s Points on the 10th date of the month following the accounting month.
    • Cancellation of Points
      1. The Operator shall cancel the Bonus Points under the following conditions:
        1. if the Client ceases participation in the Program on its own initiative;
        2. if the Client’s Account is closed or inactive;
        3. if the Client has outstanding liabilities to the Operator under the Agreement;
        4. if the Program is terminated by the Operator.
      2. Under conditions specified in the clause 3.18 all available Bonus Points shall be cancelled without paying any equivalent to the Client.
      3. The Operator can unilaterally and without prior agreement with the Client use Bonus Points to cover any outstanding liabilities of the Client.
      4. The Points accrued in accordance with clause 3.9 cannot be cancelled.
    • Disposal of Points
      1. The Program allows Clients to dispose the Points to buy goods and services using the Account. All actions related to the changes of available Client’s Points balance within the Program are performed by the Operator at the moment of execution of the Transaction.
      2. Prior to the execution of the Transaction the Operator shall verify the sufficiency of the Client’s Points for the execution of the Transaction and, if the amount is insufficient, rejects the execution of the Transaction.
      3. The available amount of Client’s Points is indicated in the Personal Cabinet.
    • Termination of Participation in the Program
      1. The Client is entitled to terminate the participation in the Program at any time upon sending notification to the Operator; such notification shall be treated as grounds for termination of participation. The Operator shall cancel all unused Bonus Points of the Client and stop accruing new Points. The Client shall not be entitled to receive any equivalent of the cancelled bonus Points.
      2. The participation of the Client in the Program shall be terminated if:
        1. Client terminates the participation as specified in the clause 3.18;
        2. the Operator terminate the Program;
        3. in the event specified in the clause 3.11 of these Terms.
    • Suspension of Termination of the Program
      1. The Operator may unilaterally suspend or terminate the Program at any time at their own discretion as follows:
        1. by posting notification at the webpage of the Operator and/or at: https://gekkoin.com/;
        2. by posting notification in the Personal Cabinet;
        3. in any other way (including by e-mail, by post or by phone) that allows the Client to receive the information and make sure that it is received from the Operator.
      2. The Operator shall be entitled to unilaterally suspend or terminate the Program with respect to the Clients that have outstanding liabilities to the Operator in accordance with the Agreement.
      3. In the event of suspension or termination of the Program under conditions specified in the clause 3.11 of these Terms, the Operator shall notify the Client by sending SMS notification at the date of suspension or termination of the Program.
      4. If, at the moment of termination of the Program, the Client has any unused Bonus Points, such bonus Points shall be cancelled in full amount. If, at the moment of termination of the Program, the Client has any outstanding liabilities to the Operator, the Operator shall be entitled unilaterally and without prior agreement with the Client to use Bonus Points and available funds in the Client’s Account to cover all such outstanding liabilities.
      5. In the event of termination of the Program, all Points that are due to the Client in accordance with these Terms shall be credited to the Client's Account in the form of funds with a ratio of 1 Point = 1 EURG.
    • Change of Program Provisions
      1. The Operator shall be entitled to unilaterally amend these Terms. Coming into effect of any amendments and supplements adopted by the Operator shall be performed in accordance with the information disclosure procedure of the Operator. The publication of information shall be ensured by the Operator at least 30 (thirty) calendar days prior to coming into effect.
      2. Any amendments and supplements to these Terms adopted by the Issuer and/or the Operator shall come into effect on the date stipulated in the new version of the Terms.
      3. The Operator can make the Terms (with amendments and supplements thereof) available to the Clients as follows:
        1. by posting notification at the webpage of the Operator and/or at: https://gekkoin.com/;
        2. by posting notification in the Personal Cabinet;
        3. in any other way (including by e-mail) that allows the Client to receive the information.
      4. It is deemed that the Client is notified about the published information from the moment when this information is available for Clients in accordance with the clause 3.27.
      5. In order to ensure that the Client has access to up-to-date information and Program provisions, the Client shall personally follow the information that is being published or notified.
    • Personal Data Protection Policy
      1. The Operator shall process Clients’ personal data for the purposes of servicing of the Account and implementation of the Program in accordance with Date protection Policies of the Operator.
      2. The Client hereby authorises the Operator and Adventarium to provide in full or partially the data stipulated in the clause 3.30 to each other for the purposes of the Сontract and in the amount necessary for the execution of the Сontract.
    • Other Provisions
      1. Any disputes and controversies related to the participation in the Program shall be settled in negotiations. In the event when the parties of the agreement failed to reach the settlement within 30 (thirty) calendar days, then such disputes and controversies shall be settled in court of the jurisdiction of the respondent.
      2. All issues that are not covered by these Terms, shall be governed by the law of the Republic of Estonia and the provisions of the General Terms of Business.