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General Terms & Conditions

Notice that: Dutch law Applies to the agreement and the General Terms and Conditions (GTC).

Dutch terms of conditions

These terms and conditions are offered by PREPAID FORGE BV, hereinafter referred to as "Prepaid Forge Ltd" located at 181 Opwettenseweg Nuenen (5674 AC).

Terms & conditions

1. GENERAL

The following general conditions apply to any use of the website PrepaidForge.com on all services and products offered by Prepaid Forge BV and all agreements entered into by Prepaid Forge BV for the use of the website and its services.

1. GENERAL

1.1 These are the Terms of Use that apply to every use of PrepaidForge's Platform. These Terms of Use outline the legal relationship between PrepaidForge and User. Capitalized words have the meaning provided under Definitions in Article 3 of these Terms of Use.

1.2 After filling in the Subscription Form available on PrepaidForge's website, User is required to accept the Terms of Use including the Privacy Statement. The Account will then be activated, after which User can start using the Platform. User must comply with the instructions given in these Terms of Use.

1.3 PrepaidForge may change the Terms of Use or its provisions at all times. PrepaidForge undertakes to announce such changes giving reasonable notice before the effective date. The changes shall become effective as soon as they are published on the Platform's website. Prior to each use of the Platform, User should check if any changes have been made to the Terms of Use.

1.4 Arrangements deviating from the provisions in the Terms of Use shall only be valid if confirmed by PrepaidForge in writing. In the event that one or more provisions of the Terms of Use are declared void by a judge, this shall not have any consequences for the other provisions of the Terms of Use.

1.5 In case of discrepancy between the original Dutch text of these Terms of Use and any translation thereof, the original Dutch text shall prevail.

2. THE PLATFORM

2.1 PrepaidForge's Platform is a transaction platform where PrepaidForge offers its Products and Users can purchase them.

2.2 Users need an Account and access to the API to be able to purchase Products from the Platform.

3. DEFINITIONS

3.1 Account: the Account created by User to gain access to the Platform.

3.2 API: an interface through which Users with an Account can access PrepaidForge's system and retrieve Products, prices, and stock and place, confirm, and download orders.

3.3 Deposit: PrepaidForge is authorized to demand security, such as a bank transfer of a certain amount in EUR to PrepaidForge, from Buyer before making Purchase Agreements.

3.4 User: every visitor of the Platform.

3.5 Terms of Use: these terms and conditions, which apply to every use of the Platform, including the appendix/appendices.

3.6 IP Rights: Intellectual Property Rights, including but not limited to brand rights, service brands, logos, trade names, model rights, patents, copyrights, database rights, personality rights, and rights to know-how and other intellectual property, registered or not, including applications for one of the aforementioned rights, and all rights or other forms of protection similar to or with similar effects as the above, existing anywhere in the world.

3.7 Registration Form: the form that a User is required to fill in on the Platform in order to accept the Terms of Use, create an Account, purchase PrepaidForge Products from the Platform, and, as such, enter into Purchase Agreements with PrepaidForge and gain access to the API. The Registration Form is available from www.prepaidforge.com.

3.8 Buyer: the User that has an Account and proceeds to the purchase of Products from the Platform.

3.9 Purchase Agreement: the agreement made between PrepaidForge and Buyer for the purchase of Products from the Platform.

3.10 Platform: PrepaidForge's transaction platform through which Users can purchase PrepaidForge Products, which results in a Purchase Agreement between PrepaidForge and Buyer. The API is part of the Platform.

3.11 Product(s): digital product(s) that PrepaidForge offers through the Platform.

4. ACCOUNT TO ACT THROUGH THE PLATFORM

4.1 Every User who intends to act through the Platform is required to create an Account before they are able to purchase Products from the Platform. From the moment of creating and activating the Account, the intended User is authorized to purchase Products from the Platform in accordance with the Terms of Use.

4.2 To be able to act as a User, they must be registered with the Chamber of Commerce in the country where they have their registered office. If User has their registered office in an EU member state, they must also have a valid VAT number of that country. Only one (trade) name can be used per Account.

4.3 PrepaidForge is authorized, at all times, to demand extracts from the trade register of the Chamber of Commerce and copies of Users' bank statements, as well as copies of their managers' and/or policy makers' passports, identity cards, and/or other identification documents.

4.4 The User of an Account is always fully responsible for the use of that Account and for those who have access to that Account. It must be safe for PrepaidForge to assume that only persons authorized to make transactions use the Account and the Platform.

4.5 PrepaidForge is always authorized to refuse a User's Account application, make additional demands for the creation or continuation of an Account, block an existing Account, or delete an Account with immediate effect, without stating reasons. PrepaidForge shall do so, for instance, if they suspect fraud, theft, money laundering, or terrorist financing, or if they suspect that Products are sold to one or more commercial third parties, that one or more provisions of these Terms of Use and/or the laws and regulations are violated, or that the use of the Account disrupts the proper working of the Platform or, at PrepaidForge's discretion, may harm PrepaidForge's or third parties' good name. Unusual transactions shall be reported to the FIU. No legal transactions shall be carried out with parties from high-risk countries, including Afghanistan, Bosnia and Herzegovina, Guyana, Iraq, Iran, Laos, Syria, Uganda, Vanuatu, Yemen, Ethiopia, Sri Lanka, Trinidad and Tobago, Tunesia, Pakistan, and the Democratic People's Republic of Korea.

4.6 PrepaidForge is also authorized, at all times, to discontinue the provision of certain features of the Platform to a User.

4.7 In case the User of an Account fails to comply with their payment obligations towards PrepaidForge, PrepaidForge is authorized to suspend the use of the Account concerned until these payment obligations have been complied with.

4.8 In case an Account is terminated for whatever reason, that Account is blocked and its User is no longer authorized to use the Platform.

4.9 Users cannot claim any compensation from PrepaidForge related to the termination or suspension of their Account by PrepaidForge, and User hereby waives any right to damages or other compensation.

4.10 Passwords granting access to an Account are strictly confidential. User shall observe extreme secrecy with regard to such passwords at all times. PrepaidForge is authorized to change passwords at all times.

5. USE OF THE API

5.1 User will be provided with instructions on how to install the API. Please send any questions about the instructions to apisupport@prepaidforge.com.

5.2 Before the API is made available and, otherwise, at PrepaidForge's first request, User must have their IP address 'white-listed', i.e. have it listed so that PrepaidForge can verify the authenticity of emails.

5.3 User will have to install the API themselves. User undertakes to install the API perfectly before using it. User is responsible for the consequences of the incorrect installation or setting of the API. Any help from third parties shall be at User's expense and risk.

5.4 User is responsible for the consequences of any malfunction of the API. The use of the API shall be entirely at User's expense and risk. User is responsible for the API management, including the verification of the settings.

5.5 Codes and passwords granting access to the API are strictly confidential. User shall observe extreme secrecy with regard to the API and these codes and passwords at all times. User shall take state-of-the-art security measures to prevent that these codes and passwords are stolen, copied, used improperly, abused, or made available to third parties, or that third parties gain access to the API any other way.

5.6 The codes and passwords granting access to the API are strictly personal and not transferable. The use of the codes and passwords by any other person than the one to whom they were provided, is not permitted. User is always responsible for all acts carried out by means of the API.

5.7 PrepaidForge is authorized to change codes and passwords at all times.

6. THE PURCHASE AGREEMENT

6.1 A Buyer who is logged into the Platform can purchase a Product offered by PrepaidForge by clicking the digital "Purchase" button. By clicking the "Purchase" button, User accepts the Product in question from PrepaidForge, concluding the Purchase Agreement between PrepaidForge and Buyer. User shall bear the risk of their selection. Purchased Products cannot be returned.

6.2 When a Purchase Agreement is made, the Platform generates an electronic confirmation message, which is sent directly to Buyer by email. The Purchase Agreement and the execution thereof are processed immediately and can be consulted in the API.

6.3 Apparent mistakes or errors in the Product description on the Platform, in the confirmation message, or in the API are not binding for PrepaidForge.

6.4 As a part of the Purchase Agreement, Parties waive the right to dissolve the Purchase Agreement on account of absence of consensus ad idem.

6.5 The purchase price is the price of the Product quoted on the Platform. The prices quoted on the Platform are exclusive of VAT.

7. EXECUTION OF THE PURCHASE AGREEMENT

7.1 Buyer and Seller are mutually obliged to comply with the obligations under the Purchase Agreement. These obligations are outlined in this Article 7.

7.2 Buyer is obliged to pay PrepaidForge the purchase price.

7.3 The purchase price shall be balanced with the Deposit that Buyer paid to PrepaidForge. Buyer shall make sure that sufficient Deposit is available prior to the purchase. Buyer can check the available Deposit on the Platform. Buyer shall receive an invoice for the purchased Product or Products.

7.4 In case Buyer has not made a Deposit, Buyer must pay PrepaidForge the invoice amount before the Products can be delivered/downloaded. As long as PrepaidForge has not received the payment, PrepaidForge will not deliver the Products and these cannot be downloaded.

7.5 After receipt of the payment, delivery will take place by making the codes corresponding to the Products in question available so that Buyer can download them from the API. Buyer must download the corresponding codes within 14 days after concluding the Purchase Agreement. If Buyer does not download the codes on time, the Products shall be regarded as delivered to Buyer. The risk of the Product is transferred to Buyer as soon as the codes are available to be downloaded by Buyer.

7.6 User is not authorized to suspend any payment or to offset any due amounts.

7.7 PrepaidForge precludes the right of withdrawal for all digital products. User shall not deliver Products or codes to consumers unless prior to the delivery the consumer explicitly has agreed that the delivery commenced and the consumer declares that this implies his having lost his right of withdrawal.

8. DURATION AND TERMINATION

8.1 An Account is provided to User for the duration of 12 months. The Account is then renewed tacitly.

8.2 After renewal, User may cancel the Account by the end of the month by giving one month's notice.

8.3 Notice of cancellation shall be given in writing.

9. REFUND OF THE DEPOSIT

9.1 After termination or cancellation of the Account, any (remaining) Deposit shall be refunded.

9.2 User must file a request for the refund of the Deposit by email directed to info@prepaidforge.com. Refund will normally take place by transfer into User's bank account known to PrepaidForge.

9.3 Premature refunds may only be requested for amounts greater than EUR 100.00 and up to once a week.

9.4 PrepaidForge is always authorized to suspend the obligation to refund a Deposit in case of a suspicion of fraud, money laundering, or terrorist financing.

9.5 PrepaidForge is always authorized to deduct present and future claims against User from the Deposit.

10. PAYMENT SERVICES

10.1 User may use different external payment services. PrapaidForge is not liable for the correct functioning of these payment services, and the activities of these payment services are explicitly not part of PrepaidForge's service or the Purchase Agreements made through the Platform. PrepaidForge has no part in any disputes with payment services. 10.2 Costs charged by payment services and banks, including transaction costs and chargeback costs, shall be borne by User.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1 User shall never sell, transfer, or pledge the rights and obligations under and resulting from these Terms of Use to a third party.

11.2 PrepaidForge is authorized to sell, pledge, or transfer their claims to a third party.

12. SECURITY

12.1 Every User shall take appropriate and state-of-the-art technical and organizational measures to secure the electronic transfer of data, and ensure a safe web environment.

13. PRIVACY

13.1 User has taken note of and accepts PrepaidForge's Privacy Statement, which is provided in appendix 1 and is an integral part of these Terms of Use.

14. REPORTING ABUSE

14.1 User may be required to assist in the prevention of abuse of the Platform, the API, or Products. Abuse includes but is not limited to: theft, fraud, money laundering, terrorist financing, sale of Products to commercial third parties, and any other act or omission that is contrary to these Terms of Use and/or the laws and regulations or that harms PrepaidForge. User is obliged to report any suspicion of abuse to info@prepaidforge.com.

15. MAINTENANCE

15.1 Work to improve the Platform's functioning continues during office hours. PrepaidForge is authorized to perform updates at all times. PrepaidForge undertakes to notify Users of upcoming updates in time.

16. FORCE MAJEURE

16.1 PrepaidForge shall not have to comply with any obligation towards User in case they are hindered from doing so due to circumstances that cannot be attributed to them and for which they cannot be held liable under the law, by virtue of a legal action, or based on general opinion. For the purpose of these terms and conditions, in addition to the legal provisions and jurisprudence, force majeure includes all external causes, both foreseen and unforeseen, that are beyond PrepaidForge's control and impede PrepaidForge's compliance with their obligations, including force majeure suffered by PrepaidForge's suppliers, non-compliance by suppliers chosen by User - such as payment services - government measures, power failure, disruptions of the internet, data network, or telecommunication facilities, war, fire, strikes, faulty functioning of company facilities, and general transport problems.

16.2 PrepaidForge is authorized to suspend their obligations for the duration of the force majeure.

17. LIABILITY

17.1 PrepaidForge's total liability due to an imputable failure to comply with the legal relationship with User and the corresponding Terms of Use, or with a Purchase Agreement, or on any other legal ground, shall be limited to reimbursement for direct damages up to the price agreed in the relevant Purchase Agreement or in the latest Purchase Agreement (exclusive of VAT). However, PrepaidForge’s total liability for direct damages, on any legal ground, shall not exceed the amount of EUR 100.000,- in any case.

17.2 PrepaidForge's liability for indirect damage, consequential damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, damage as a result of claims from User's buyers, damage related to the use of third party objects, materials, or programmes chosen by User is excluded. PrepaidForge's liability related to the mutilation, destruction, or loss of data or documents is also excluded.

17.3 PrepaidForge is not liable for damage as a result of defects in works carried out or objects delivered by third parties.

17.4 PrepaidForge is not liable for damage as a result of the fact that Products are not (or no longer) in stock.

17.5 PrepaidForge is not liable for damage as a result of Platform downtime, e.g. because of the implementation of updates or other activities to improve the Platform's functionality, or defects and malfunctions in PrepaidForge's IT environment.

17.6 PrepaidForge is not liable for damage as a result of (account) hacking.

17.7 PrepaidForge is not liable for damage as a result of consumer claims under the right of withdrawal. User indemnifies PrepaidForge against all consumer claims under the right of withdrawal.

17.8 PrepaidForge is not liable for damage as a result of a faulty or expired Product code.

17.9 The exclusions and limitations of PrepaidForge's liability described in the previous articles are without prejudice to PrepaidForge's other exclusions and limitations described in these Terms of Use.

17.10 The exclusions and limitations described in the previous articles do not apply if and insofar as the damage is the result of PrepaidForge's business management's deliberate actions or conscious recklessness.

17.11 Unless PrepaidForge's compliance is permanently impossible, PrepaidForge's liability due to imputable non-compliance with the agreement only exists if User gives PrepaidForge a notice of default immediately, giving them a reasonable term to remedy the non-compliance, and PrepaidForge culpably fails to comply with their obligations even after that term expires. The notice of default must contain a description of the non-compliance as complete and detailed as possible to give PrepaidForge the opportunity to respond adequately.

17.12 Any claim to damages is always subject to the condition that User reports the damage to PrepaidForge in writing as soon as possible after that damage is produced. Every damage claim against PrepaidForge shall expire by the lapse of six months after the claim arose, unless User takes legal action for the reimbursement of damages before that term expires.

17.13 User indemnifies PrepaidForge against all third party claims under product liability resulting from a defect in a Product or code that User delivered to a third party and that originates from PrepaidForge, unless and insofar as User proves that the damage was caused by that Product or code.

17.14 The provisions of this article, as well as other provisions and exclusions of liability referred to in these Terms of Use, also apply for the benefit of all natural persons and legal entities that PrepaidForge hires for the performance of the Terms of Use.

17.15 The provisions of this article, as well as other provisions and exclusions of liability referred to in these Terms of Use, also apply to Purchase Agreements.

18. INTELLECTUAL PROPERTY RIGHTS

18.1 All IP Rights with relation to (all parts of) the Platform, the API, the underlying technology, the content, and the 'look and feel' are and shall remain PrepaidForge's property. A right of use to which User is entitled is non-exclusive, non-transferable, non-pledgeable, and non-sublicenceable.

18.2 Other than as explicitly permitted under these Terms of Use, Users shall not register a brand or domain name registration containing the element "PrepaidForge" or any similar element or logo in their own name under. User needs PrepaidForge's prior written consent for any use of IP Rights that are registered in the name of "PrepaidForge".

18.3 All intellectual property rights to Products, databases, codes, designs, etc. that are made available to User under these Terms of Use and/or a Purchase Agreement rest exclusively with PrepaidForge, their licensers, or their suppliers. User shall never be granted more rights than those (to be) transferred to them by PrepaidForge, their licenser, or their supplier.

19 CONFIDENTIALITY

19.1 All data that User received or will receive under this legal relationship - including information about PrepaidForge, their finances, their processes, their business partners, the Platform, the Products, the Purchase Agreements, and other Users - are regarded as highly confidential and User shall treat them as such. Confidentiality of such information is not required in case the information is generally known, or in case the disclosure of the information in question is required under the law or pursuant to other applicable regulations, or in case all other parties to this Purchase Agreement have given their prior permission for breaking the confidentiality of the information in question.

19.2 If User violates this confidentiality obligation, they shall pay PrepaidForge an immediately due fine of EUR 10,000.00, increased by an amount of EUR 1,000.00 for each day that the violation continues, without any need for a notice of default.

19.3 This confidentiality obligation shall remain in place until five years after cancellation of the Account.

20. APPLICABLE LAW AND DISPUTES

20.1 These Terms of Use and the Purchase Agreement are governed by the laws of the Netherlands.

20.2 Disputes between parties shall be brought exclusively before the competent judge of the Oost-Brabant district court.

Contact details

PrepaidForge B.V.

Opwettenseweg 181

5674 AC Nuenen

info@prepaidforge.com

Registered with the Eindhoven Chamber of Commerce under company number 70981892

PREPAIDFORGE PRIVACY STATEMENT

The protection of your personal data is very important to PrepaidForge. In this Privacy Statement, we intend to give clear and transparent information about how we treat your personal data.

We will do everything to safeguard your privacy and treat your personal data with care. In any case, PrepaidForge will comply with the applicable laws and regulations, including the General Data Protection Regulation. This entails that we will at least:

  • Process your personal data in accordance with the purpose for which you submitted them. These purposes and types of personal data are described in this Privacy Statement;

  • Limit the processing of your personal data to those data that are strictly necessary for the purposes for which they are processed;

  • Ask your explicit permission if we need this to process your personal data.

  • Take appropriate technical and organizational measures to safeguard the protection of your personal data.

  • Refrain from passing personal data on to third parties, unless this is necessary for the performance of the purposes for which they were submitted;

  • Be aware of your rights regarding your personal data, inform you about them, and respect them.

PrepaidForge is responsible for processing your personal data. In case you have any questions about our Privacy Statement after reading it, or you wish to contact us about it, please do not hesitate to do so using the contact details at the bottom of this document.

Purposes

PrepaidForge processes personal data of customers and suppliers for the following purposes:

  • To execute the Platform, an Account, or a Purchase Agreement;

  • Administrative purposes;

  • Verification purposes for the prevention of theft, fraud, money laundering, and terrorist financing, and for the security of PrepaidForge's systems;

  • To send newsletters to Users with an Account and other interested persons;

  • Website statistics;

  • To improve the website's ease of use;

  • To optimize customer satisfaction and the "shopping experience"

  • Market analysis and target audience analysis.

Grounds

The personal data are processed on the following grounds:

  • Processing is necessary for the execution of the agreement with the data subject, to wit a User's Account or a Purchase agreement made with User;

  • Processing is necessary to comply with a legal obligation, e.g. for a customer research under the Dutch money laundering and terrorist financing prevention act (Wet ter voorkoming van witwassen en financieren van terrorisme or WWFT);

  • Processing is necessary to promote PrepaidForge's justified interests, to wit sending newsletters to customers;

  • The data subject has given their consent. This is the case, for instance, when they sign up for newsletters;

  • The data subject has given their consent for placing Google Analytics' (tracking) cookies referred to in the cookie bar.

Nature of personal data

PrepaidForge may process the following personal data for the aforementioned purposes:

  • Contact's name;

  • Contact's phone number;

  • Contact's email address;

  • IP address and MAC address;

  • Copy of passport or ID card.

Additionally, but only after obtaining your permission, we may use Google Analytics to collect information about sex, age, interests, web pages visited or to be visited, peripheral equipment used, software settings, and referrer URL.

Retaining period

PrepaidForge will retain your personal data for the aforementioned processing for the following periods:

  • For the duration of the Account;

  • For 5 years after cancellation or termination of an Account or after closing the Purchase Agreement;

  • For 7 years after cancellation or termination for the sole purpose of financial administration;

  • For as long as legally required;

  • For as long as the interested person remains signed up for the newsletter;

  • For 6 months after the most recent Purchase Agreement with respect to the newsletter; or

  • For 5 months if it concerns information obtained through (tracking) cookies from Google Analytics.

Disclosure to third parties

The data you provided to us may be disclosed to third parties if this is necessary for the purposes described above.

For instance, we hire third parties for:

  • Editing/delivery of the newsletter;

  • The (financial) administration;

  • Payment processing;

  • The delivery of digital products;

  • Management of Accounts and Purchase Agreements.

We will only disclose personal information to third parties with whom we have signed a processing agreement. Of course, the processing agreement contains the necessary arrangements to safeguard the security of your personal data. Other than this, we will not disclose the personal data you provided us with to third parties, unless this is legally required and allowed. An example of this is that the police ask us for (personal) data within the framework of an investigation. In such event, we are required to cooperate and to surrender these data. We may also share personal data with third parties if you give us your written permission for this.

We collect data with the help of Google Analytics' (tracking) cookies and share them with third parties. More information about this is provided at.

Within the EU/EEA

We provide personal details to parties within the European Economic Area (EEA) or in countries, sectors, and/or regions of countries for which the European Commission has taken an adequacy decision. In such decision, the European Commission determines if the country in question offers an appropriate level of data protection. An adequacy decision has also been taken with regard to the United States, but only insofar as the receiving party has committed themselves to compliance with the principles provided in this decision, also called the Privacy Shield.

All countries with an adequacy decision are listed at the website of the European Commission.

We collect data with the help of Google Analytics' (tracking) cookies and transfer them to the United States.

Minors

We only process personal data of minors (persons under the age of 16) if a parent, guardian, or legal representative has given written permission for this.

Security

We have taken appropriate technical and organisational measures to protect your personal data against unlawful processing. These measures include the following:

  • All persons who have access to your personal data on behalf of PrepaidForge are sworn to secrecy;

  • Our systems are protected by a user name and a complex password policy;

  • We make backups to be able to recover data in case of physical or technical incidents;

  • We regularly test and evaluate our systems and measures;

  • Our employees are informed about the importance of the protection of personal data.

Rights regarding your data

You have the right to inspect the personal data we received from you and to have them rectified or erased. You may also object against the processing of your personal data (or part thereof) by us or by one of our employees. You also have the right to 'be forgotten' and to have the data you provided transferred to you or directly to a third party of your choice. You also have the right to refuse to be subject to automated individual decision-making, including profiling. You have the right of limitation and the right to object. For further explanation, please contact us or refer to the Data Protection Authority www.autoriteitpersoonsgegevens.nl for information. We may ask you to identify yourself before granting your request.

If we are processing your personal data based on your permission, you have the right to withdraw that permission at all times.

Complaints

Should you have any complaint about the processing of your personal data, please contact us directly. If we are unable to reach a mutual agreement, that is, of course, most regrettable. You always have the right to file a complaint with the Data Protection Authority. This is the supervisory authority in the field of privacy protection.

Questions

Should you have any questions or observations regarding our Privacy Statement, please do not hesitate to contact us.