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Terms and conditions

Terms and conditions

Terms of Use

Please read these Terms of Use carefully, as they set out the legal rights and obligations among us and you in relation to the use of the website. Therefore, you are required and obligated to agree to these Terms of Use prior to any use of the website.

  1. Certain Definitions
    • For purposes of and under these Terms of Use, the following terms shall have the following respective meanings:
      • "you", "your", "User", "yourself" shall mean a legal individual who is a party to these Terms of Use and has successfully completed the account registration.
      • "Company", "us", "our", "we" – Fintech marketing services OÜ, a private limited company incorporated under the laws of the Estonia, with registry code 14846829, located at Harju maakond, Tallinn, Kesklinna linnaosa, Jõe tn 3-301, 1015, mailing adress Balti Logistika AS. Punane 73, 136 19 Tallinn
      • "Force Majeure Event" – an event, or a series of related events, that is outside the reasonable control of the Company (including failures of or problems with the Internet or a part of it, hacker attacks, virus or other malicious software attacks, blockchain network, power failures, industrial disputes affecting any third party, changes to the laws, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
      • User Content” - any post, upload, or otherwise contribute content to the website (for example, pictures, text, messages, information, titles, descriptions and compilations, and/or other types of content).
      • "Party" or "Parties" – under these Terms of Use, separately the Company or the User, or jointly the Company and the User.
      • "Business Day" shall mean a calendar day that is not a Saturday, a Sunday, a national or a public holiday in Estonia.
      • „Consumer“ means in accordance with applicable law, any natural person who enters into a contract with the Company outside the scope of their business activities.

 

  1. Introduction
    • The Company is offering an online and convenient method for shopping and purchasing second-hand used computers imported from China and which is built for mining cryptocurrencies based on algorithm EtHash, Scrypt or SHA-256. Each computer is mining unique and only use one algorithm.
    • The following Terms of Use constitute a legally binding agreement (“Terms of Use”) between you and the Company governing your use of our website and other services or content available through the website.
    • By creating an account, purchasing products, using the services, or otherwise indicating your assent to these Terms of Use, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms of Use (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access our website or use the services or order or purchase any products.
    • You acknowledge that the privacy policy (available on this website) (the “Privacy Policy”) is an integral part of these Terms of Use, and by accessing or using the website, you agree that you have read, understood, and accept the Privacy Policy. Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the website. All collection, storage and use of your personal data that occurs during our activity, as well as your rights related hereto, are regulated in the Privacy Policy. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our website and services.

 

  1. Amendments and Changes
    • The Company may change, amend, modify, and waive any provision of these Terms of Use, at its sole discretion, from time to time, for any reason, and including without limitation, as a result of any laws, rules, and regulatory changes, and security reasons in connection with the products and website.
    • At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. Any changes or modifications to our services and/or policies including but not limited to, Terms of Use and Privacy Policy will be effective upon posting of the revisions.

 

  1. Account Registration
    • You must be at least 18 years of age and live in a country where our website is accessible, have a sound mind and capable of forming binding contract under the applicable laws, and be able to obtain responsibility for your decisions and actions, and fully accept these Terms of Use.
    • You hereby represent and warrant that any information or data is true, accurate and complete, as well as you have never been previously suspended, removed, or banned from using and accessing the website.
    • No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms of Use or your use of the website.
    • You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

  1. Restricted Activities

With respect to your use of the website and products, you agree that you will not:

  • Impersonate any person or entity; stalk, threaten, or otherwise harass any person;
  • Violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the website; post information through, or interact with, the website in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  • Use the website or products in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website, products, or any software used on or for the website; rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the website;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents;
  • Link directly or indirectly to any other websites; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, cause any third party to engage in the restricted activities above;
  • Use the website and products for any unlawful purposes;
  • Collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the website;
  • Adapt, modify and/or make any derivative modifications to the website or the information, or any part thereof;
  • Publish and/or use unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the website;
  • Create a hyperlink to the website, or any page of the website, without our express written consent; or imply affiliation with or endorsement or sponsorship by Company or cause confusion, mistake, or deception in connection therewith.

 

  1. Purchase & Orders and Reversals & Cancellations.
    • The display of any product on the website does not under any circumstances constitute an offer to conclude a contract. A binding purchase contract will only be concluded at the moment of confirmation of the order by the Company. The Company reserves the right to refuse any order for goods, even without giving a reason.
    • Our products’ inventory availability and listing prices are subject to change at any time without notice. The Company reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, the Company reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item, until the conclusion of a binding contract according to the previous point.
    • To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion.
    • Except as otherwise stated, the risk of loss or damage for all products you order passes to you upon our delivery to the carrier (such as DHL/PPL), unless you are a consumer, in such case, the risk of loss or damage to the product passes upon you by the delivery of such product to you.
    • You cannot cancel, reverse, or change any order completed through the website following the lapse of 24 hours from the completion time of such order and you cannot withdraw your consent to that order. This point does not limit the right of the consumer to withdraw from the contract according to the applicable legislation and in accordance with the following paragraph.
    • We reserve the right to refuse to process, or to cancel, or reverse, any order in our sole discretion, even after funds have been debited from your account if we suspect the order may: involve money laundering, terrorist financing, fraud, or any other type of financial crime; be erroneous; or relate to a Prohibited Activity as set forth in these Terms of Use.

 

  1. Payments & Delivery
    • The payment methods we accept are: payment via card using the service "Stripe" as the service provider and payment via bank transfer. We only accept payments in EURO.
    • The transport of the product is performed free of charge and is provided by transport companies such as Balti logistika, DHL, PPL, Dachser or the local post office.
    • The delivery period is 60 days from the confirmation of your order by the Company . In extraordinary cases, the delivery period may be extended beyond the 60 days. The Company will notify you of this fact in advance.

 

  1. Information for consumers
    • If you are a consumer, you can withdraw from any contract concluded with the Company within 14 days from the delivery of the purchased product.
    • The withdrawal from the contract is performed by addressing the Company with your statement of withdrawal. For this purpose you can also use the sample form that forms an annex of these terms and conditions.
    • The costs of returning goods are borne by the consumer in all circumstances.
    • The consumer is obliged to send the goods back to the Company within 14 days of withdrawing from the contract. The Company's address for returning goods is Balti Logistika AS. Punane 73, 13619. Tallinn.
    • If the consumer does not expresly choose a different option, the funds provided will be returned in the same way as they were sent by the consumer, within 14 days of the delivery of the declaration of withdrawal from the contract.
    • The consumer is liable to the Company for the reduction in the value of any product that occurred as a result of handling the product in a manner other than what is necessary to familiarize himself with the nature, properties and functionality of the product. 
  1. Intellectual Property Rights and License Grant
    • The website and its content, and all intellectual property relating to and contained in them are owned by, or licensed to Company. All right, title and interest in and to the website, the services and content shall remain the property of Company and/or the property of such other third parties.
    • We hereby grant you a limited, non-exclusive, non-transferable, revocable, licence,  subject to the provisions of these Terms of Use, to access and use the website, and related content, materials, data, information solely for approved purposes as permitted by us.

 

  1. User Content
    • You hereby guarantee and warrant that, with respect to any User Content issued or posted, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by the Company does not violate these Terms of Use or any other rights set forth below, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by the Company, or entity or individual without express written consent from the Company or such individual or entity. The Company may, but has no obligation to, monitor, review, or edit User Content. In all cases, the Company reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in the Company's sole discretion, violates the Terms of Use. The Company may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. You acknowledge and agree that posting any User Content that violates these Terms of Use may result in immediate termination or suspension of your account.
    • You hereby agree, accept and approve, that in the event anyone brings a claim against the Company related to User Content that you post, then, to the extent permissible under applicable law, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.

 

  1. Export Controls and Sanctions
    • You warrant that you are (1) not located in any country to which the EU has embargoed goods or has otherwise applied any economic sanctions; (2) not a denied individual or party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions; (3) you are not in, under the control, or reside and live in Iran, Sudan, North Korea, Cuba, or Syria or any other country subject to US embargo, FATF Blacklist, UN sanctions, the European Union or HM Treasury's financial sanctions regimes.
    • You agree to comply with all applicable export and re-export control laws and regulations. Specifically, you agree that you shall not directly or indirectly acquire, sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from the Company or associated third-parties under these Terms of Use to any destination, entity, or person prohibited by any applicable laws or regulations of the EU and the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
    • You declare that all financial mean used by you were obtained in a legal manner in accordance with applicable law. You also represent that no tax or other laws are violated or circumvented by making any trade with the Company. Finally, you declare that any conclusion of any contract with the Company, is not related with any legalization of proceeds from any criminal activity and the financial means used in the trade are not intended to or raised from financing terrorism, terrorist acts or terrorist organizations, nor are there any other facts that could indicate a suspicious trade.

          

  1. Third Party’s Websites and Services
    • The use of the website may be integrated with or may interact with third party applications, software, technology, websites, and contents, in order to make the services and products available to you. These third-party systems may have their own terms of use, privacy policies, and your access or use of these third-party services or otherwise will be governed by and subject to their terms of use and privacy policies.
    • You understand and agree that the Company does not endorse and is not responsible or liable for the behaviour, features, services, or content of any third-party services or for any order you may enter into with the provider of any such third-party services, nor does The Company warrant the compatibility or continuing compatibility of the third-party services and devices with our provided products.
    • The Company makes no warranties, representations or guarantees regarding the time required to complete processing any request by you using any third-party services, including using debit/credit cards and bank accounts that are entirely dependent upon factors beyond our control. Without derogating from the above, the Company shall make reasonable endeavours to process your requests in a timely manner.
    • You understand and accept that we may use third-party service providers to help with processing orders submitted by you.

 

  1. Warranty Disclaimer
    • The products and the website are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory. the Company specifically disclaims any implied warranties of title, useability, satisfactory quality, fitness for a particular purpose or non-infringement, the Company makes no representations or warranties that your access to the website, or use of products, or any part of it, or materials made available therein, will be complete, error free, continuous, uninterrupted, accurate, that defects will be corrected, or the server that makes the website available or products are free of viruses and bugs, and makes no representation pertaining to the full functionality, accuracy, reliability of the products or the accuracy of the products or any information obtained by you through the website. entire risks related to the use, quality, and performance of the products or website lies with you. In any event, the Company shall not be liable if you lose your data for any reason. In particular, the Company cannot guarantee the hash rate of the products or the software used by any of the products.
    • If you are a consumer, you are hereby made aware of the fact that all products are sold in used condition and with a degree of wear and tear corresponding to such condition, which in individual cases may reach a significant level. In particular, the Company cannot guarantee the hash rate of the products or the software used by any of the products. The Company declares and you accept by concluding the purchase contract that the price of the product has been negotiated with regard to its wear and tear. Any product defect surpassing the expectable level of wear and tear can only be reported to the Company within one year upon receiving the product, and only if the product has had such defect at the time of the transfer of risk for the product to you, and only in case  you were not notified of this defect.
    • The Company makes no representation, warrant, endorse, guarantee, or assume responsibility for any third party applications, products, services or website or otherwise, or services and products advertised, promoted or offered by a third party on or through the Company’s website or any hyperlinked website, or featured in any banner, ad, or other advertising method and the Company is not responsible or liable for any order between you and third party providers or other individuals of the foregoing.
    • We do not guarantee that the website or products will be secure or free from bugs or viruses. You must not misuse the website or products by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored, or any server, computer or database connected to the website. You must not attack the website via a denial-of- service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the website will cease immediately.
  1. Application of defects by the consumer
    • If you are a consumer, you can exercise your rights arising from defects of the product in accordance with previous paragraph. Any product defect can only be reported to the Company within one year of taking over the product, and only if the product has had such defect at the time of the transfer of risk for the product to you, and only in case you were not notified of this defect in any way. The product defect must exceed the expected level of wear and tear of the product, corresponding to the used condition in which the products are sold.
    • Immediately after receiving the goods, you are obliged to inspect them and point out any defects to the Company.
    • THE PARTIES REPRESENT THAT WITH RESPECT TO THE SALE OF THE PRODUCTS IN USED CONDITION, ANY TECHNICAL DEFECT OF ANY PRODUCT WILL NOT CONSTITUTE A SUBSTANTIAL BREACH OF THE CONTRANT BY THE COMPANY. IF ANY PRODUCT IS DEFECTIVE, YOU HAVE THE RIGHT TO A REASONABLE DISCOUNT FROM THE PURCHASE PRICE OR MACHINE EXCHANGE.
    • You can exercise your rights from the defect via the email address: orders@profitmachine.eu

 

  1. Limitation of Liability
    • THE COMPANY HEREBY EMPHASIZES THAT ALL PRODUCTS ARE SOLD AS PREVIOUSLY USED WITH AN APPROPRIATE RATE OF WEAR. THIS WEAR CAN ALSO IMPACT THE POTENTIAL HAZARD OF PRODUCT OPERATION. WHEN USING ANY OF THE COMPANY´S PRODUCT, IT IS NECESSARY TO KEEP AN INCREASED DEGREE OF CAUTION UNDER ALL CIRCUMSTANCES DUE TO THE POSSIBLE TECHNICAL AND OTHER DEFECTS OF THE PRODUCTS. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES OR ITS SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGE CAUSED BY ANY OF ITS PRODUCTS IF YOU FAIL TO EXERCISE AN APPROPRIATE DEGREE OF CAUTION IN HANDLING IT, AS WELL AS IF YOU FAIL TO ABID BY THE RULES OF ALL APPLICABLE LAWS, IN PARTICULAR BY THE RULES OF FIRE SAFETY AND RELATED ISSUES.
    • In no event shall the Company, its shareholders, its affiliates or its service providers, or any of their respective officers, directors, agents, employees, successors, assigns, suppliers, or licensors, be liable for you or any other party for any direct, indirect, special, incidental, intangible, or consequential damage or loss of any kind, including without limitations, loss of business, loss of profits, loss of revenues, data corruption, loss or damage to reputation or goodwill, loss of opportunity, agreements or contracts , or anticipated savings, loss of use of hardware or software, and loss of any damage arising from your use of the website, whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with authorized use of the website or unauthorized use of the website or the products.
    • The Company is further not responsible for any of the information about the website or products that you have received from any third party other then the Company itself, including Company´s trade partners.
    • The Company shall not be liable to you in any way for the execute, trade, deliver, mining and transfer of any cryptocurrency.
    • The Company shall not be liable in all cases arising out of the use of or inability to use the services, products, devices, third party website, systems, services, apps, pages, content, regardless of legal theory, without regard to whether the Company has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
    • The Company shall not be liable for the non-performance or inadequate performance or delay to the obligations deriving from the agreements or contracts caused by Force Majeure Event or any action which is not reasonably foreseeable or beyond its reasonable control.
    • You acknowledge and agree that any claim or cause of action which may arise out of, or related to the use of the website services, products or these Terms of Use must be filed within one month following the occurrence of such event, if not, any claim will no longer be valid to be filed or the result in regard to such claim shall be a full dismissal and cannot be heard afterwards for any reason whatsoever.
    • Without derogating from any other provision in the Terms of Use, in no event shall the Company’s aggregate liability to you exceed the actual amount paid by you for the products though the website. Nonetheless, nothing in these Terms of Use, limits the Company’s liability for fraud or wilful misconduct.
    • All the points above does not affect the protection of the consumer, as the weaker party according to the applicable legal regulations.

 

 

  1. Indemnification
    • You agree to indemnify, defend and hold harmless the Company, its shareholders, affiliates, and service providers, and any of their respective employees, executives, officers, directors, and agents, from any claims, demands, liabilities, damages, expenses, or costs (including attorneys' fees, fines, or penalties) arising out of or related to (i) any breach of these Terms of Use, or other polices and agreements related to it; (ii) your use of the website, products, or the services or use by any other individual accessing the website or the including any content you post, promote or otherwise contribute; or (iii) any violation by you of any law, rule, regulation, or rights of any third party.

 

  1. Termination
    • The Company may in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access to the website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and/or bar any further access to the website. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the website.
    • The Company may terminate these Terms of Use immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms of Use; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the website; (e) if you transmit or receive any Information using the website (or cause the same) in violation of these Terms of Use (the Company at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms of Use.
    • Termination or cancellation of these Terms shall not affect any right or relief to which the Company may be entitled by the laws. Upon termination of these Terms, all rights granted to you will terminate and revert to Company reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the website. The Company may also add, withdraw or modify services, products or information within the website at any time in its sole discretion.

 

  1. Return and Refund Policy
    • After receiving your order, you cannot elect to return your purchased products. We will not accept back any previously purchased items.
    • No paid amount will be refunded to any user after receiving the purchased product or after the lapse of 24 hours from the conclusion of a binding contract with you.
    • None of the previous limits in any way any rights of an end customer, as stated above.
    • As european union end customer you are able to withdraw from contract in 14 days according the EU legislation

 

  1. Risks
    • The value and accessibility of cryptocurrency can increase or decrease in time and it is also possible, that mining of a given cryptocurrency will be completely disabled by its developer or by law. There can be a substantial risk that you lose money in mining cryptocurrency. You should carefully consider whether mining or holding cryptocurrency is suitable for you.
    • The risks of mining are often financial and regulatory. In general, there is a financial risk because purchasing of mining equipment is not guarantying to have any return of the investment. If you are considering mining, you should check your country's regulation toward cryptocurrency before investing in mining equipment, and if your area of living is prohibiting mining cryptocurrency, you should not purchase any equipment. There is one additional potential risk from the growth of mining which is the increasing energy usage required by the computer systems running the mining algorithms.

 

  1. Accuracy and Accessibility of the Website and Products.
    • The Company cannot guarantee nor promise to you that the website and the services will be available without any interruption, as well as we cannot guarantee that any order will be executed and accepted without any delay, thus the response times may be delayed. The Company will be not held liable for any losses or damages resulting from or arising out of order delays. In addition, the website or the services may not be fully accurate and complete, and we reserve the right, under any applicable law, to update, amend, change or modify the information, data or any other materials, from time to time, without any obligation to notify you. It is your sole responsibility to check any information displayed on the website. We will not be held liable for any decision you make based on such information.

 

  1. Customs, Duties, and Taxes
    • You are responsible for assuring that our products can be lawfully imported to your destination country. shipping orders may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your country and are the responsibility of you. We have no control over these charges and can’t predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause delays beyond our delivery estimates. Shipping times for international orders can vary, but we would recommend that you allow at least 75 days for orders from the time it dispatched for you to receive it. There may be some cases when packages are delivered outside of the listed estimated timeframe. Please note shipping orders that are cancelled after the order is shipped will not be refunded.
    • We are not, and will not under any circumstances, be deemed as providing any accounting, tax advice, or consultation. It is your sole and exclusive responsibility to determine and inquire into whether, and to what extent, any taxes apply to any use of the products and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities under the relevant jurisdictions.

 

  1. Feedback, Questions and Complaints
    • If you have any feedback, questions and requests concerning our services please contact us at orders@profitmachine.eu
    • You acknowledge that we own any feedback, suggestions, ideas, or other information related to the website that you may provide via email. You hereby agree to transfer all rights, titles, ownership and interests of the any feedback or idea or suggestion or improvement and all related intellectual property rights to us. You hereby waive any request for acknowledgment or compensation based on any modifications based on any suggestion, feedback, idea, and improvement.
    • If you wish to make a complaint about any aspect of the services, the complaint must be made in electronical form to the following email: orders@profitmachine.eu. We will acknowledge the receipt of your complaint within 10 Business Days. We will investigate such complaint and reply to you with the results of our investigation no later than 21 Business Days from the receipt of your complaint.

 

  1. Force Majeure
    • The Company shall not be liable in any way for the failure to perform due to any Force Majeure Event. By using the website, to the extent permitted by the applicable law, you agree that the Company shall not be held liable for any damage or loss or otherwise arising out of, or in any way connected to, any Force Majeure Event.

 

  1. Governing Law
    • These Terms of Use and any rights or claims arising out of or in connection with it (including any non-contractual claims) shall be governed by the laws of Estonia without giving effect to any applicable laws on conflicts of law. Any dispute, controversy or claim arising out of or in connection with this Terms of Use shall be subject to relevant courts in Estonia. This does not affect consumer protection under national law of the country of the consumer's habitual residence, in the case that the Company's business activities are focused on the given country.

 

  1. General Provisions
    • Entire Agreement. These Terms of Use, including any exhibits, forms and schedules, comprise the entire understanding and agreements between you and Company as to the subject matter hereof, and supersedes any and all prior representations, discussions, agreements and understandings, written or oral, to the extent that they related in any way to the subject matter hereof.
    • Severability. If any provision of the Terms of Use is found illegal or unenforceable under a relevant jurisdiction, in whole or in part, such a provision shall be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue in full force and effect.
    • Change of Control. In the event that the Company is acquired by or merged with or into any third party, we reserve the right, under these circumstances, to transfer or assign all and any information that has been collected from you or provided voluntary by you, including any personal information, and these Terms of Use, as part of such merger, acquisition, sale, or other change of control.
    • Assignment and Transfer. You may not transfer or assign any of the obligations, interests, and rights granted to you under these Terms of Use without the consent writing of our Company. We reserve the right to assign all obligations or rights without restriction, including without limitation to any agents, affiliates, or to any successor in interest of any business associated with our services and website. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, and their successors or permitted assigns.
    • Third Parties. Unless otherwise expressly stated, nothing in the Terms of Use shall create or confer any rights or any other benefits to third Parties.
    • No Waiver. The failure of the Company to require or enforce strict performance of any provision of these Terms of Use or to exercise any right under the Terms of Use shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right (or any other provision and/or right contained this document in its entirety, as the case may be) in that or any other instance.
    • Notices. All communications from the Company will be provided to you via electronic means at the email address you provided when accessing the website. You agree and consent to receive electronically all documents, notices, agreements, updates, communications in regard to your account. We shall not be responsible for any harm you may suffer as a result of your failure to receive any notice or message provided to you in connection with these Terms of Use or your use of the website as long as such notice is provided to such email address.

 

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Cookie Policy

 

  1. Introduction
    • This Cookie Policy is a declaration to all users regarding the cookies and similar technologies that will be used on this website or other related websites, pages, contents, and features we operate or own (hereinafter, "Website") and when you access and use some of the provided services, and among other things, what user data they track, for what purpose, and where this data is sent.
    • Our cookies and similar technologies have different functions, as they are necessary for the functioning of our services, they help us improve our performance, they give you extra functionalities, or help us to serve you relevant and targeted ads.
    • We use cookies and similar technologies that only remain on your device for as long as you keep your browser active (session) and cookies and similar technologies that remain on your device for a longer period (persistent). You have the right to block, delete, or disable these cookies if your device permits so. You can manage your cookies and your cookie preferences in your browser or device settings.
    • We consider information collected by cookies and other technologies as non-personal information, unless otherwise expressly stated by laws.

If you reject the use of these cookies, please disable them using the instructions in this Cookie Policy, by following the 'opt-out' links provided below or by changing your browser settings so that cookies from us cannot be placed on your computer or mobile device.

 

  1. What Are Cookies?
    • Cookies are little text files which are stored on the browser or hard drive of your computer or mobile device when you visit a webpage or application. Cookies function to make your experience browsing our Website as smooth as possible and they remember your preferences, so you will not need to insert your details again.
    • There are different types of cookies. Some cookies come directly from us and others come from third parties which place cookies on our Website. Cookies can be stored for varying lengths of time on your browser or device. Session cookies are deleted from your computer or device when you close your browser. Persistent cookies will remain stored on your computer or device until deleted or until they reach their expiry date.

 

  1. Type of Cookies we Use
    • Necessary cookies. These cookies are necessary for the Website and other services to function. They are usually only set in response to actions made by you which amount to a request of services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Website will not then be able to work. These cookies do not store any personally identifiable information.
    • Performance cookies. These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our Website. They help us know which pages are the most and least popular and see how visitors move around the Website. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Website.
    • Targeting cookies. These cookies may be set through by our advertising partners who may use them to build a profile of your interests and show you relevant adverts on other websites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.  Such advertising will only be delivered where permitted by applicable law.

 

  1. Why We Use Cookies?
    • We use cookies to enhance your browsing experience by: recognizing when you login and what your preferred settings are, giving you a browsing experience that is unique to you, and to serve you content which we believe improves your experience on our Website, and analyzing how your use of our Website can help us to troubleshoot any problems and to monitor our own performance.

 

  1. Third-Party Cookies
    • We may use third parity service providers, to allow us to serve you with advertisements. These third-party providers may use third-party cookies, web beacons, or similar technologies to collect information about your visit to our Website. They may also collect your device identifier, IP address, or identifier for advertising. The information that these third parties collect may be used to provide you with more relevant advertising on our Website. For the avoidance of doubt, third-party cookies are covered by the third-parties’ privacy policies, and we do not control the types of information collected and stored by these third-party cookies.

 

  1. Other Similar Technologies we Use
    • We may use other similar technologies, like web beacons to track users of our services. Web beacons, or "clear gifs," are tiny graphics with a unique identifier, and they are used to track the online movements of web users. We and our third-party service providers employ web beacons to help us better manage content on our services, by informing us which content is effective and more efficient.
    • Similar Technologies we may use can refer to technology that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods.

 

  1. How to Manage or Disable Cookies and Similar Technologies

 

  1. Changes to this Cookie Policy
    • We may, from time to time, revise, change, or modify this Cookie Policy, due to legal or regulatory grounds or otherwise, and in the event we update so, we shall notify you via email, or you will receive an alert when you access the Website.
    • In addition, we urge you to visit regularly this page on the Website to ensure that you are fully aware about the most updated version hereof.

 

  1. Contact Us

If you have any questions or concerns about this Cookie Policy, please email us at orders@profitmachine.eu

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Privacy Policy

  1. Introduction
    • Privacy is significant matter at our Company. We recognize the essentiality of protecting the privacy of the information of our users who access the website to purchase the products listed therein, or to make use of any other related services owned or operated by the Company. We appreciate your trust that we will do so carefully and sensibly. We encourage you to read carefully this Privacy Policy, as it forms an integral part from the Terms of Use, and by accessing the website or using the services, you accept and agree to all the terms under this Privacy Policy. However, In the event that you disagree, you are required immediately to leave the website and make no use of the website.
    • This Privacy Policy was prepared to describe our practices in respect of collecting, using and disclosing your Personal Data (defined below), and you will learn, among other things, from this Privacy Policy, about the types of Personal Data we collect, the way it is used, and about data related to the use of cookies and similar technologies, the retention of the Personal Data, security steps to protect the Personal Data, the basis and grounds why we may disclosure the Personal Data to third parties.

 

  1. Acceptance of this Privacy Policy.
    • By using the services, vising and setting up an account through our website, you are consenting and agreeing to the practices set forth below in this Privacy Policy. The Company shall be referred to as the data controller. If you do not agree with any aspect of this Privacy Policy, you should immediately leave the website or cease the use of the services.

 

  1. Certain Definitions.
    • For purposes of, and under this Privacy Policy, the following terms shall have the following respective meanings:
      • "Company", "we", "our", "us" shall refer to, Fintech marketing services OÜ, a private limited company incorporated under the laws of the Estonia, with registry code 14846829, located at Harju maakond, Tallinn, Kesklinna linnaosa, Jõe tn 3-301, 1015.
      • "Personal Data" shall mean data or information which is related to an identified or identifiable natural person.
      • "GDPR" shall mean The General Data Protection Regulation (EU) 2016/679 which is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA).

 

  1. Personal Data We Collect
    • We have set out below the categories of Personal Data we collect and use about you, including the ways we collect it:
      • Information you provide to us. This is the personal data which you provide to us and enabling you to sign up for the website, and make use of our services, as well as, some of the personal data are required by laws to create your account, this may include your full name, email address, phone number, birth date, gender, street address, zip code, bank account information, city, and country and other information as required by the laws and regulations, and in order to help with your identification.
      • Information Collected by us. This is the personal data that is collected about you when you’re accessing the website and/or using the services, including, without limitation, device type and identification number, browser type, version and language, date and time of requests, online identifiers including cookie data and IP addresses, URL data, any interaction with our website (linked clicked and accessed pages), geographic non-precise location while using the services or the website, and operating system version of devices.
      • Third-Party Sources. We may collect personal data about you from various third parties, and these third-party sources vary over time and may include the following: public databases, partners, technical service partners, advertisers and other advertising partners. We will notify you when we receive information or Personal Data about you from these third parties and regarding the purposes for which we intend to use that Data.

 

  1. Legal Basis and Purposes for processing your Personal Data.

We have described below the reasons why we process your Personal Data, and the associated legal basis we rely upon which legally permit us to process that Data, e.g. GDPR (“Article 6”: lawfulness of processing), as well as, when you grant us your expressly consent, and in order to execute any agreements or contracts we entered with you, and for legitimate business interests to ensure and protect our services, therefore, we may use such Personal Data as follows:

  • Compliance with legal requirements, regulations, and law enforcement requests. It is essential and vital to collect and use the Personal Data with compliance of the applicable laws.
  • Performance of Obligations and Contracts. We need to collect the Personal Data to enforce our agreements with you and third parties, and to monitor, investigate and prevent any illegal acts associated with our users’ account and to be able to provide our services according to the contractual terms under any agreement.
  • Marketing, Promotion, and Advertising purposes. We may use your Personal Data to send you marketing communications (e.g. using email), so we can provide you with promotional offers, and notify you about the latest content and products.
  • Exercise or defend legal claims. Your Personal Data can be used to effectively investigate, settle, resolve any open, pending and unresolved matters, issues, or disputes, and to protect our legal legitimate interests.
  • Research and Developments. To evaluate and develop new features, contents, technologies, and make improvements to the services, to conduct research, data analyst and surveys.
  • Providing our Services including General Comminutions. To provide Company's services we require to communicate with you concerning administrative matters, security issues, or to be able to reply to questions and feedback, troubleshoot problems, news, updates and notices in connection with your account.

 

We shall not use your Personal Data for purposes and reasons other than those mentioned above, without your explicit consent and permission.

 

  1. With Whom we may Share your Personal Data
    • The Company may share your Personal Data in line with the earlier detailed purposes, and to the extent that it is required to do so pursuant to any applicable laws, rules or regulations, and in compliance with the Terms of Use, with or by your explicit consent or by your request, and based on our legitimate business interests. Any shared third party will be knowledgeable concerning the confidential nature of such information. We may disclose your Personal Data in the following circumstances:
      • We will share your Personal Data with our financial institutions and payment processors as necessary to enable them to process your payments.
      • When we are obligated to share such Data by arbitration decision, court decision, rule, or order, subpoena, or similar legal procedure, or to report suspected illegal activity, or to investigate violations of our Terms of Use, or breach any of other applicable policies.
      • We will share your Personal Data in those cases of merger, acquisition, or sell or negotiate to sell our business to a buyer or prospective buyer. In this situation, the Company will continue to ensure the confidentiality of your Personal Data and will notify with its users before any Personal Data is transferred to such buyer or becomes subject to a different privacy policy.
      • We cooperate with service providers that operate on our behalf which may need access to certain Personal Data in order to provide their services to us or you directly. These entities include those we have hired to operate the technical infrastructure that we need to provide the services, assist in protecting and securing our systems and servers, and help market this website and the products, including, partner products, services, events, and co-branded promotions in which we may be involved.
      • With our trusted advisors who provide, legal, banking, compliance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of our operations or otherwise comply with our legal obligations.

 

  1. Cross Borders Transfers
    • The Company may share your collected Personal Data with our affiliates (if applicable) in order to carry out the activities specified above in this Privacy Policy. We may sub-contract processing to, or share your Personal Data with, third parties located in countries other than your country, therefore, the Personal Data may be subject to privacy laws that are different from those in your country.
    • Prior to sharing your Personal Information with any third party, we will enter into a written agreement that the third party provides at least the same level of protection for the personal information as required under applicable data protection laws.

 

  1. Third Party Websites
    • We may display ads from third parties service providers and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and contents. If you choose to click on a third-party ad, link, or use of their services, you agree and understand that you are leaving our website, and any personal data you provide will not be covered by this Privacy Policy. Please read any relevant third-party privacy policy to find out how they collect, process and store your Personal Data.

 

  1. Retention of Personal Data.
    • We will keep your Personal Data only as long as necessary to provide you with the services and for legitimate and essential business purposes, such as maintaining the performance of the services and complying with required legal obligations and resolving disputes.
    • Upon your request, we shall delete or anonymize your Personal Data so that it no longer identifies you, unless we are legally allowed or required to maintain certain Personal Data, including if there is an unresolved issue relating to your account or an unresolved demand, claim or dispute, we will retain the necessary Personal Data until the issue is resolved, and where we need to retain your Personal Data for our legal, tax, audit, and accounting obligations, we will retain the Personal Data for the period required by applicable law, and where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
    • Data related to the retention periods is subject to the relevant jurisdiction, however we may retain your Personal Data following the termination of the account as long as required under the laws and regulations of any applicable jurisdiction.

 

  1. How We Protect your Personal Data
    • We implement appropriate technical measures to help protect the security of our users' Personal Data. However, please be aware that no system is completely and absolutely secure (we cannot ensure the security or confidentiality of data you transmit to us or receive from us by Internet or wireless connection).
    • We have implemented various policies including, encryption, access, and retention policies to safeguard against unauthorized access and unnecessary retention of the Personal Data in our systems. Nevertheless, we may not guarantee that loss, unauthorized use, or alteration of the Personal Data will not occur.  We encourage you to use a strong password that is unique to account, never share your password with anyone, limit access to your computer and browser, and log out after having used the website.

 

  1. Cookies
    • We may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (hereinafter, “Cookies”) on your computer or other devices used when engaging with us. We use Cookies to help recognize you as a user, collect information about your use of the website, so we can better customize the content or services for you, and to collect information about your computer or device to ensure our compliance with our legal obligations. for more information see the Cookies Policy.

 

  1. Marketing
    • To the extent and under the applicable laws we may send you offers in regard to our products and services, for marketing purposes only. Based on our lawful interests, and as permitted by applicable law, and by your express consent, we may use electronic means such as email to contact you, however, you may elect to opt-out, or send us email informing us to cease from sending you any marketing content. We will request your explicit consent prior to sharing any Personal Data belongs to you with any third parties for marketing purposes.

 

  1. Your Rights
    • We believe in operating with transparency to help any user to read, understand and make use of the applicable data laws rights. As available and except as limited under applicable laws, the rights afforded to individuals are: to be informed of, and request access to Personal Data we process about you; to request that we amend or update your Personal Data where it is inaccurate or incomplete; to request that we delete part or all of your Personal Data; to request that we temporarily or permanently stop processing all or some of your Personal Data; in addition, the right, at any time, to object to us processing your Personal Data on grounds relating to your particular situation; the right to object to your Personal Data being processed for direct marketing purposes; the right to request a copy of your Personal Data in electronic format, and the right to transmit that Personal Data for use in other party’s service; the right not to be subject to automated decision-making.
    • Your rights to such Personal Data are not absolute, as they subject to our legitimate interests, laws and regulatory requirements, or other reasons we deem necessary.  In case you have any concerns, questions, or requests, about your rights and how to exercise them, we hope you may contact us at orders@profitmachine.eu
    • Notwithstanding the above, you have the right to lodge a complaint with the applicable authority under your jurisdiction, or your local data protection authority.

 

  1. Children’s Personal Data
    • We do not deliberately collect, maintain, or use any Personal Data from any person under the age of 18, and no part of our products and services are directed towards individuals under the age of 18. If you learn about any person under the age of 18 who has provided us with any Personal Data, please report to the following email at orders@profitmachine.eu so we can immediately take the required steps to close the account and delete such Personal Data.

 

  1. Amendments to this Privacy Policy
    • We may, from time to time, change, amend, or modify this Privacy Policy, as required by the laws or regulations, and we shall notify you regarding any changes to this Privacy Policy via email, or by other electronic means, and we will assure to announce and update the revised version of this Privacy Policy on this website.

 

  1. Contact Details.
    • If you have any questions, concerns, comments or complaints in respect of this Privacy Policy, please email us at orders@profitmachine.eu

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Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To Fintech marketing services OÜ:

I/We  hereby give notice that I/We withdraw from my/our purchase contract of the following goods:

Ordered on:

received on:

Name of consumer(s):

Address of consumer(s):

 

 

Signature of consumer(s)

Date:

 

 

 

 

 

 

 

 

 

 

 

 

 

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