Minta terms of service
1. INTRODUCTION
The following terms and conditions govern all use of Minta.com's content, services (as further specified below) and products available at or through this website (www.minta.com)(henceforth the "Website" or "MINTA"), irrespective of whatever application, digital medium, support or device is used to access the Website. The Website is owned by GATE2CHAIN LTD, (henceforth the "Company", "We", "Us" or "Our"). These terms and conditions constitute a legally binding agreement (henceforth the "Agreement" or the "Conditions") between you (henceforth "You" or "Your") and Us (each party may henceforth also be referred to as "Party" or together the "Parties").
We urge You to read these Conditions and Our privacy and cookies policy (hereinafter the "Privacy and Cookies Policy") carefully before accessing and/or using MINTA or any products or services offered through the Website. You can access to Our Privacy Policy and Cookies Policy in the Website.
By creating Your account (as further specified below) accessing and/or using any part, content, services or products of MINTA You agree to become bound by this Agreement and You accept these Conditions and our Privacy and Cookies Policy. If You do not agree to these Conditions and with the Privacy and cookies Policy, whether in whole or in part, then You may not have access to the Website nor use any of the products or services offered hereunder. The Privacy and Cookies Policy shall be deemed incorporated by reference into this Agreement.
By accepting the Agreement You declare that You have read, understand and comprehend these Conditions and Our Privacy and Cookies Policy, that You assume all the obligations set forth in them, and that You are at least 18 years old and have sufficient legal capacity to use the Website and/or any products or services offered at or through MINTA.
If You have any question regarding the Conditions or Our Privacy and Cookies Policy, after reviewing them, You may contact Us by e-mail to info@gate2chain.com
2. ABOUT US AND MINTA
MINTA is a social marketplace based on an architecture designed to respect customer's privacy and rights while empowering ownership and control. The Website allows You and all MINTA's users to connect as part of a community, as well as to create, acquire, sell products, services and tickets. Digital items allow products, services or tickets to be "packaged" with contracts and sold safely with special features such as auctions and potential sale commissions.
Our business model is not advertising. According to Section 10 We earn a percentage of the money generated by Our customers within the Website. If Our tools help Our customers to earn money, We take a small percentage to continue advancing our mission. We do not sell data and We do not serve the interests of third-party advertisers. We serve You and all MINTA's users as free and autonomous agents who come together on Our Website to exchange information and value in a meaningful way.
According to Section 6, in order to give You access to the Website, We provide You with an account, where You can personalize your profile with Your name, profile picture and identity summary. We store Your personal information saved in Your account on a traditional server and recognize Your data privacy rights and allow You to do so by erasing Your account and personal data at any time.
Furthermore, according to Section 7, in order to allow You operating in MINTA and using the services offered in and trough the Website, the system provides You with your own account where You can store and transfer products, services and tickets in MINTA.COM. This content belongs to You and is protected by your account with its "secure private key" linked with your verified email and phone. It means We don't have any access or control of Your transactions. The content belongs to You, and it is up to You to decide if and how it is used. Every transaction is immutably registered on a distributed ledger generating a public verified evidence trail.
3. OUR DETAILS
The Company is a UK company with registered address, at Studio 133 Canalot Studios 222 Kensal Road, with e-mail address info@gate2chain.com, with identification number 12326735.
4. YOUR DETAILS AND YOUR VISITS TO THE WEBSITE
The information or personal details that You provide Us shall be processed in accordance with the Privacy and Cookies Policy. You state that all information and details provided by creating Your account or by operating in MINTA are true and correspond to reality. This is, You declare and guarantee that any information that You provide to Us and through Our Services is correct and complete.
5. DEFINITIONS
In addition to any other definitions set forth above or below in this Agreement, or except as expressly provided otherwise in this Agreement, the following words shall have the following meaning:
a) "User": any person or company who uses and/or operates in MINTA;
b) "Services": means the MINTA services made accessible to You over www.minta.com and as further specified below in Section 8;
c) "Transaction processor": means third party providing computational capacity and writing information on a distributed ledger;
d) "Digital item": means a digital representation of any type of asset formalized through a distributed ledger.
e) "Fee": means the amount(s) that the Parties have agreed shall be payable by You to Us or to third-party in respect of this Agreement as further specified below in Section 10 and 11;
6. YOUR USER ACCOUNT
In order to enjoy access to and all benefits of MINTA, You must open your own user account ("Account") with a username, email, phone and regular password defined by You. We may at any time request additional information with the objective of complying with the regulations on the prevention of money laundering and the financing of terrorism.
While creating Your Account, the system provides You a self custodial account linked to your phone number and email (as set forth below in Section 7). You are responsible for maintaining the security of your phone and email linked with your recovery system. We are not responsible or liable for any loss, theft or damage in this case.
You may access the Website using the username, password, phone and email verification that will be generated during the registration process in the moment in which You sign these Conditions. The generated username, password, phone and email that will allow You the access and use of MINTA are strictly personal and confidential. You will be responsible for maintaining their confidentiality. Consequently, You expressly accept that We presume that the uses of the Services made employing Your username, password, phone and email are made by You. In case of loss or theft of Your username, password, phone and email You must proceed immediately to inform us. We have no possibility to access your password, but You can reset it if you forgot it. The password can be changed freely by You, through the procedures that We have established for that purpose. The replaced password will be cancelled at the same time the new one is generated.
Once You created your Account, You can create a profile (hereinafter, "Profile") in the Website containing Your name, contact data, profile picture, identity summary as You wish. Additionally, the system will provide You with a self-custodial account (as below defined in Section 7) under which You can control and manage products, services and tickets in MINTA. With Your Profile, You can connect with other Users in MINTA and communicate instantly with them online.
All the information You include in Your Account and Profile is stored on a traditional server and the information or personal details that You provide Us by creating Your Account shall be processed in accordance with Our Privacy and Cookies Policy.
Once You created Your Account and Profile You may access the Services in MINTA, according to Section 8.
If You create an Account, You are responsible for maintaining the security of Your Account and are responsible for all activities that occur under Your Account. Should You gain notice of any unauthorized use of Your Account or other breaches of security, You must inform Us immediately. We are not responsible or liable for any damages caused by Your acts or omissions to safeguard Your Account. Moreover, You agree to use MINTA with Your Account responsibly, exonerating the Company from any liability arising from an inappropriate, erroneous or illegal use of MINTA or with the aim of committing illegal actions.
We are entitled to suspend, restrain Your access to MINTA, or close Your Account, in the terms referred to in Section 23.
You are allowed to erase Your Account and related personal data at any time with no penalty with two days notice. If You close Your Account You wouldn't be able to access to it through MINTA. You assume all the responsibility for the administration of Your Account (as set forth below in Section 7).
7. YOUR ACCOUNT
In order to use MINTA, the system provides You an account (hereinafter the "Account") linked to your email and phone.
In Your Account You can also store products, services and tickets that You can create, acquire or sell by using the Marketplace (as further defined in Section 8).
It's your responsibility to administrate Your Account and products, services and tickets. We assume no responsibility in respect to your actions using your account.
8. SERVICES
We grant You a right to access to the Website and to use various functions and services offered at or through MINTA, in particular the following (the "Services"):
a) Connections and Messages: Once You created Your Account and Profile, You gain access to the MINTA Community, where You can find User's Profiles. You can connect with other Users and communicate with them by messaging through the Website. All connections and messages are timestamped on a distributed ledger. Then, in order to connect or deliver a message to a User, the recipient must accept it (hereinafter, "Connection").
b) Marketplace: Once You create Your Account and Profile, You gain access to the MINTA Marketplace, where You can create, acquire or sell products, services and tickets. More specifically, in the Marketplace You can:
Once you are properly identified you can create digital products, services or tickets, it generates digital items and it's recorded on a distributed ledger. The digital item contains or represents the product, service or ticket You want to offer on the Marketplace. By creating Your digital item, You may select a public image, include keywords that buyers would use to search for your item, specify the number of copies you want to create, describe your item, and optionally add a file that may only be downloaded by the buyer of Your digital item. The digital item will also include the legal terms regarding the trading and use of Your digital item. You can choose to sell digital items to all Users in MINTA. You can choose to allow buyers of Your digital item to sell it and You can opt to set additional compensation features for third party beneficiaries such as, e.g., royalties. Royalties can be determined by yourself. Once determined for your digital item, a fixed portion of each sale of your item will be deducted and sent to a third-party beneficiary determined by You.
list digital items on the Marketplace; and
buy or sell digital item in a normal buyer-to-purchaser process or in an auction proceeding. In a normal buyer-to purchaser process, You will be able to buy or sell digital items in USD, EUR, GBP. Regarding multi-buyer auction proceeding. Please note that bids under an auction proceeding are generally binding and You are obliged to perform the sale of Your product once a bidder has been awarded the final bid in your sales auction.
Under the function "Activity" of Your Profile, We offer You an extract of Your latest account activities (all creations, purchases or sales of digital items managed through Your Account). You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (hereinafter, "Laws") applicable to Your use of the Services. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Services. You may not use the Services to enable any person (including You) to benefit a country, organization, entity, or person embargoed or blocked by any government or institution. It is strictly prohibited to use MINTA for any illegal purpose, including money laundering and the financing, support and/or assistance, directly or indirectly, to any terrorist or criminal activity. For the use of the Services, it is Your responsibility to comply with all legal obligations, including all licenses and authorizations.
9. IDENTIFICATION AND PAYMENTS
We use Stripe, an external partner, as payment processing provider and for the purposes of verifying the identity and business information of sellers. By using our services, you agree to provide accurate and complete information for the purposes of identity and business verification.
Stripe conducts a 'Know Your Customer' (KYC) and 'Know Your Business' (KYB) process for our sellers, and we rely on Stripe to perform these processes. You acknowledge and agree that we shall not be responsible or liable for any failure or delay by Stripe in conducting these processes, or for any errors or omissions in the information provided by Stripe.
If you are a seller, it is important to confirm that Stripe is available in your country before using our services. We recommend that you review Stripe's website (www.stripe.com/global). By using our services, you acknowledge and agree that it is your responsibility to confirm Stripe's availability in your country, and that we shall have no liability for any loss or damage arising from your failure to do so.
We also recommend that you review Stripe's terms and conditions carefully, as they govern your use of their services and your relationship with them. By using our services, you acknowledge and agree that you have reviewed and accepted Stripe's terms and conditions, and that you will comply with all applicable laws and regulations related to the use of Stripe's services (stripe.com/legal/ssa)
10. FEES
We, or partners, charge different fees for Your use of MINTA:
• SALES Fee: The Sales fee is charged on the following transactions: When You sell digital items on the Marketplace
• Royalty Fee: When You receive royalty fees on MINTA we will charge you a percentage of the royalty fee amount.
• Other third-party costs (Stripe): payment processor for payments may charge You with fees. We don't charge You credit card fees. We recommend reviewing Stripe's rates (www.stripe.com/pricing)
11. TRANSACTION PROCESSING FEES
In order to process transactions on the distributed ledger, a processing fee for both, the issuance and transaction of items, will be required. This fees will be calculated based on the current market rates at the time of the transaction and will be assumed by us, without any cost to the user.
Transaction Fee: The processing fee covers the cost of validating and recording the transaction on the distributed ledger, as well as the ongoing maintenance and development of the network.
Any fees associated with the transaction will be assumed by us and will not affect the user. These fees are charged by the processors who validate and confirm transactions on the ledger, and are necessary to ensure the security and integrity of the network.
Deposit for the issuance of items: To create items, the network requires a deposit which will be provided by us. Once the item is burned, the deposit must be returned to us who will be in any case the sole owner of said deposit. In that sense, the User expressly assumes and accepts that in no case will he have any right over the deposit made by us.
By agreeing to use MINTA and process transactions on the ledger, the user acknowledges and accepts the transaction processing fees and deposit requirements.
We reserve the right to change at its sole discretion the terms of this clause, although any changes will be communicated to the user.
In this sense, the user may have a maximum of items creation, if he wants to issue new items having reached the maximum allowed, he must burn an item already create for each new one he wishes to create.
12. WE ARE NOT INTERMEDIARIES
We don't act as intermediaries, We provide to You and other Users the possibility to enter into direct contact with one another and to conclude individually defined and agreed contracts over the Marketplace. We are not a party to any transactions between You and the counterparty You are engaging with over MINTA and We do not assume any representative function for either of the parties.
You and Your counterparty are solely responsible and liable for the content, conclusion, validity and execution of contracts concluded over MINTA. We do not assume any liability in this respect. The legal terms that govern the trading and the use of products and services, digital items, over MINTA will be stipulated by You and Your counterparty. The legal terms will be established by the seller of the digital items and are included in that item. The legal terms will be visible within each digital item offered at or though the Website. By purchasing a product, service or ticket in MINTA, You accept the corresponding legal terms. We do not provide legal services for the elaboration of legal terms or for the implementation and execution of contracts concluded over MINTA. We may make available through the Website legal terms templates that You can employ when create a product, service or ticket, if You wish. In no case We are responsible for the content of the said templates nor for the content of the legal terms that You and Your counterparty will stipulate, conclude or accept over MINTA. We urge You to read the legal terms of the digital items carefully before proceeding to their purchase. Because We are not a party to the contract between You and your counterparty, We are not responsible for resolving any disputes between You and Your counterparty.
The use of MINTA is at your own risk. We have no control over the ability of Users to perform sales to Your satisfaction.
13. YOUR CONTENT SUBMISSIONS
We grant You a right to access Our Website and to upload or submit, share, Your own content (digital items, messages, etc.) ("content submissions") within MINTA.
We do not claim ownership of Your content submissions. However, by uploading Your content submissions, You are granting the Company a worldwide, perpetual, non-exclusive, royalty-free and freely assignable and sub-licensable license to show and publish it on MINTA, including anything reasonably related to publishing (e.g. reformatting or distributing). We may also use Your content submissions to promote MINTA, without Your previous permission, but in accordance to Our Privacy Policy.
By uploading Your content submissions, You represent and warrant that You own or You are otherwise entitled to control all the rights related to your submissions including, without limitation, all properties rights, licenses, consents, permissions, power and/or authority necessary for You to provide, upload, share or sell Your content submissions.
You undertake to share content submissions over MINTA only to post, send and receive messages and material or services that are legal and proper and related to the envisaged communication purposes. By way of example, you agree that when sharing Your content submissions over MINTA, you will not defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others; share content related to terroristic or criminal activities; publish any inappropriate, profane, defamatory, infringing, obscene material or information (in particular, violence, pornographic content, sex with minors or other people's private information); upload content protected by third party copyright, intellectual property rights or other property rights, unless You have the necessary permissions or are otherwise legally entitled to post the material and to grant Us the license described above; upload content that contains viruses or similar programs that may damage the operation of MINTA or another's computer; conduct or forward surveys, contests, pyramid schemes or chain letters; falsify or delete author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software; or violate any applicable laws or regulations. Is totally prohibited to upload and share in MINTA cryptocurrencies, electronic money, securities nor any kind of financial product (for example, by including them within a digital item). You agree and undertake to upload or submit, resp. share, content within MINTA according to all Laws, e.g. customers and users regulations, copyright, e-commerce, data protection, etc.
Accordingly, the Company assumes no liability for any action regarding contents or information provided, uploaded or shared within MINTA by You nor any User or third party. Always use caution when giving out any personally identifying information about yourself. We do not control, verify or endorse Your content submissions.
If You believe that any content submission of other Users is not proper in accordance with the above (e.g. a digital item containing a text, graphics, photos, audio, videos or other materials or works that have been copied in a way that constitutes copyright infringement), is not secure or is used for any infringing or illegal activities you may submit Us a notification by e-mail to info@gate2chain.com or report.
We have no obligation to monitor and/or filter the content submissions uploaded by Users. The Company cannot undertake to review all such content before it is posted on the Website and cannot ensure prompt removal of objectionable content after it has been posted. However, if We believe that the content submitted infringes any Law, it is not proper in accordance with the above, threatens the personal safety of Users or the public, could create liability for Company or other Users or is not secure or is used for any infringing or illegal activities, We reserve the right to review materials shared, resp. published, over MINTA and to remove or disable them from the Marketplace or take any action with respect to their content that We deem necessary or appropriate in Our sole discretion and in particular upon third party notice of infringing content.
We also reserve the right to disclose any content submissions or information to public authorities if necessary to satisfy any applicable law, regulation, legal process or governmental request.
You agree to indemnify, defend and hold harmless the Company for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of any third-party claim based on an alleged violation of laws of Your content submissions.
14. INTELLECTUAL PROPERTY
Ownership of Platform and Technology:
The platform, including all associated software, code, algorithms, databases, and any related intellectual property rights, is and shall remain the exclusive our property
Users acknowledge and agree that the platform is protected by copyright, trademark, patent, trade secret, and other laws. Any unauthorized use, reproduction, or distribution of the platform or its components is strictly prohibited.
Nothing in these terms and conditions shall be construed as granting users any rights to use, modify, reproduce, distribute, or create derivative works based on the platform, except as expressly authorized by us.
Users may contribute content, including data and information, to the platform ("User-Generated Content").
Users represent and warrant that they have the necessary rights and permissions to submit User-Generated Content and that such content does not infringe upon the intelectual property or other rights of any third party.
Users shall not attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying technology of the platform or any part thereof.
Names, logos, and any other trademarks or service marks used in connection with the platform are the exclusive our property.
Users shall not use, copy, imitate, or modify the trademarks without the our prior written consent .
Any use of our trademarks in connection with products or services that are not provided by us is strictly prohibited and may constitute trademark infringement.
Users shall respect the intellectual property rights of third parties when using the platform.
We are not responsible for any infringement or violation of third-party intellectual property rights by users.
We may, at its discretion, implement mechanisms to address and remedy claims of intellectual property infringement, including the removal of infringing content or suspension of user accounts.
We reserve the right to update, modify, or enhance the platform, including its intelectual property, at its sole discretion.
Users acknowledge that continued use of the platform after any updates or modifications constitutes acceptance of the revised terms.
By accessing and using the platform, users expressly acknowledge and agree to abide by the terms of this Intellectual Property Clause.
15. DEFENSE OF INTELLECTUAL PROPERTY RIGHTS
As the owner of the Platform, we take the protection of our Intellectual Property Rights very seriously. We expect you to do the same and notify us immediately if you become aware of any violations of the Intellectual Property Rights conducted by third parties.
In the event of such a violation, we are not obligated to take action against the offender. However, we will enable you to take legal action against the offender at your own expense by granting you authorization to sue, if required and possible under applicable law. We will also provide you with all the necessary information and support to help you pursue legal action against the offender.
It is important to note that you will bear the cost of any legal proceedings against the offender. However, we will provide all reasonable assistance to ensure that your legal action is successful.
If you become aware of any violations of the Intellectual Property Rights conducted by third parties, you must notify us immediately. While we are not obligated to take action against the offender, we will enable you to take legal action against them and provide all necessary information and support. However, you will bear the cost of any legal proceedings against the offender.
16. LIMITATION OF LIABILITY
We take our obligations under this Agreement seriously and will use our best efforts to ensure that the Platform operates as described on our Website. However, to the fullest extent permitted by applicable law, we exclude all liability for any damages or losses arising out of or in connection with your use of the Platform, whether such damages or losses are direct, indirect, incidental, consequential, special, punitive, or exemplary, and whether or not we have been advised of the possibility of such damages or losses.
It is important to note that our exclusion of liability does not apply in cases of willful intent or gross negligence on our part. In such cases, we will be liable for damages caused by such willful intent or gross negligence.
In any event, our liability shall be limited to the amount of the fees paid by you to us under this Agreement.
You acknowledge and agree that the limitations and exclusions of liability set forth in this Clause are reasonable and reflect a fair allocation of risk between you and us.
We exclude all liability for any damages or losses arising out of or in connection with your use of the Platform, except in cases of willful intent or gross negligence on our part. In any event, our liability is limited to the amount of the fees paid by you to us under this Agreement.
17. CONFIDENTIALITY
Subject to the aforementioned provisions, the Parties shall: (i) keep all Confidential Information confidential at all times; (ii) not use any Confidential Information other than for the purposes contemplated by this Agreement; (iii) not copy or disseminate any Confidential Information of the other Party; and (iv) not publish, disclose or divulge any Confidential Information to any third party other than the Party's employees and professional advisors who have a reasonable need to know or access such information.
For the purpose of this Agreement, Confidential Information shall be deemed to exclude information which a Party can demonstrate by documentary evidence: (i) is, or becomes, readily available in the public domain other than as the result of the violation of this Agreement or other act or omission by such Party; (ii) was lawfully known to such Party without restriction on use or disclosure at the time of disclosure hereunder; (iii) is hereafter lawfully received by such Party from a third party authorized to make such disclosure and without restriction on use or disclosure; (iv) is approved for release by prior written consent from the disclosing Party; or (v) is required to be disclosed by law, a court order or competent government authority, provided that in such case the receiving Party shall promptly inform the disclosing Party of such requirement of disclosure prior to the disclosure such that the disclosing Party has an opportunity to object to the production or disclosure through seeking a protective order.
The confidentiality obligations contained in this Section 17 shall remain effective until five (5) years after the termination of this Agreement.
18. LINKS TO THIRD-PARTY WEBSITES
MINTA may contain links to other websites. These websites are not under the control of the Company and We are not responsible for the contents of any linked website. We are providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the linked website or any association with its operator. Likewise, the Privacy Policy or General Conditions of these entities is foreign to Us, so You must take this into account to know that both the General Conditions such as the Privacy Policy of these third parties are only responsibility of the same and not of Us.
19. SUPPORT
We only provide basic self-service support to resolve general issues relating to Your Account and Your use of MINTA. Should You have questions regarding the referred matters, You may contact Us by e-mail to info@gate2chain.com Further support will only be provided if We agree on it in a separate agreement.
Please notice that You are solely responsible for providing support to Your customers regarding Your digital items, e.g. regarding Your service delivery, products, returns, refunds, and any other issues related to Your products and services or other business activities. We are not responsible for providing support to Your customers unless We agree to do so in a separate agreement.
20. DISCLAIMER OF WARRANTIES
You understand and agree that MINTA and the services and materials available through the Website are provided on an "as is" and "as available" basis. You expressly agree that the use of the Website is at Your sole risk. In this context, You acknowledge and agree that certain risks exist in relation to using some functions on MINTA, in particular, You acknowledge and agree that:
We do not control any interactions on the distributed ledger offered through MINTA. We have no authority to approve, prevent, restrict, or exercise control over interactions occurring through MINTA. When interacting, You will directly interact with other Users and enter into binding contracts with them, while we only operate as a platform.
You shall not have any expectations over the performance, suitability for business or interoperability of MINTA for Your own business purposes.
By using MINTA, You undertake, represent and warrant that Your use of MINTA complies with Your jurisdiction of residence and You are fully able and legally competent to use MINTA.
You undertake to assume responsibility for the use You may make of MINTA for illicit purposes, including responsibility for the commission of criminal offenses, and for the violation of the legislation on intellectual and industrial property or other Laws. MINTA is not responsible for the illicit acts that You may incur in the use of the Website and Our Services.
There is a risk that advances in cryptography or technical advances could present risks and that applications are susceptible to attacks and further risks associated exist such as e.g. failure of hardware, software and/or Internet connections. You acknowledge and agree that the Company shall not be responsible for any such failures, disruptions, errors, distortions or delays You may experience when using MINTA.
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21. THIRD-PARTY DATA PROTECTION
You are responsible for compliance with any data protection Laws applicable to Your blockchain-related business resp. towards Your own customers and their rights under applicable data protection Laws. You hereby represent and warrant that Your data processing activities are in compliance with applicable data protection laws and that You have provided all the necessary information or received all necessary consents from Your customers (if required by Laws). You shall indemnify Us and hold Us harmless in the event of any third-party claims raised against Us based on an alleged infringement of data privacy Laws in particular damages, disbursements (incl. reasonable attorneys' fees).
22. TAXES AND OTHER DUTIES
You are solely responsible for determining what, if any, taxes or other duties apply to Your use of MINTA. It is also Your responsibility to withhold, collect, report, and remit the correct taxes to the appropriate tax authorities, according to the legislation in force. The Company is not responsible and shall be in no way held liable for withholding, collecting, reporting, and remitting taxes arising from or in connection to Your use of MINTA.
23. RESTRICTIONS, LIMITATIONS AND TERMINATION
This Agreement is effective upon the date You agree these Conditions by creating Your Account and accepting them, and remain valid for an initial term of one (1) year. Thereafter, it will automatically extend for the same period each year, unless terminated earlier by You or Us. You may at any time request termination of the contract, in accordance with the provisions below.
For sellers, the services provided are limited to the countries where Stripe, our payment processing partner, operates. The list of countries where Stripe operates may change from time to time. You can check the list of supported countries on Stripe's website www.stripe.com/global. By using the services provided as a seller, you represent and warrant that you are located in a country where such use is available.
For buyers, the services provided are available worldwide. Buyers located in any country are permitted to use the services, subject to compliance with the laws and regulations of their respective jurisdictions.
We reserve the right to modify or terminate the availability of the services in any country, at any time and without prior notice. We shall have no liability for any loss or damage arising from the modification or termination of services in any country.
You may terminate this Agreement by closing your MINTA Account at any time. Your decision to terminate this Agreement has no effect on the validity of contracts already concluded through MINTA.
Without prejudice to any other rights, We may limit, suspend, or terminate our Services and Your Account, restrict or prohibit Your access to, and activities on, Our Services, or otherwise limit Your visibility, delay or remove Your content, and take the necessary technical and legal measures to prevent Your use of Our Services, if, among other assumption: You are creating possible legal liabilities; such restrictions will enhance the safety of the MINTA Community; You are infringing applicable Laws by using the Website; You are violating the rights of third parties by using MINTA; You are acting inconsistently with the letter or spirit of these Conditions or Our policies posted on the Website; You are acting abusively toward Our employees or Users; You have provided incorrect contact details; You have transfer Your Accounts or give access to it to third parties; You have caused significant harm to other Users or the Company; You fail to pay the agreed Fees to Us; We have any other legitimate interest, especially to protect Users of fraudulent activities.
When choosing a measure, We take into account the legitimate interests concerned, and in particular if there are indications that You may not be responsible for the infringement.
At the time You have been suspended or this Agreement have been terminated by the Company, You will no longer be able to use the Services even with other MINTA accounts. Suspension or termination has no effect on the validity of contracts already concluded through the Website.
If We adopt one of the measures provided for in this section, We will notify You the reason of Our decision. We may terminate the Agreement for material breach of its terms by You if such breach has not been cured within 30 days after notice from the Company.
Nevertheless, this Agreement shall automatically terminate with immediate effect if: We are subject to a legal or regulatory obligation that requires Us to terminate or restrict the provision of Our Services to You in a way that does not allow Us to respect that term of notification; We exercise Our right of termination for a compelling reason under a national law that is in accordance with the England and Wales Law; or You have repeatedly infringed this Conditions, giving rise to the termination or restriction of the provision of Our services.
Upon termination of the Agreement, the right of access to and to use the Website shall cease to apply. In addition, upon termination You understand and agree that (i) We will not be liable to You for any compensation, reimbursement, or damages related to Your use of MINTA, or any termination or suspension of the Services or deletion of Your information, account data or Wallet, and (ii) You are still liable to Us and/or Users or third parties for any Fees or fines, or other financial obligation incurred by You or through Your use of the Services prior to termination.
We reserve the right to suspend the operation of MINTA during regular maintenance work, for the implementation of new features or due to other technical requirements, or even to discontinue operation of MINTA permanently.
24. CHANGES
We reserve the right to change, update and/or modify any part of this Agreement at any time and for any reason at Our sole discretion. In any such event, We will notify You that Our terms and conditions have been updated.
Should You continue to use MINTA or should We not receive a reply from You within fifteen (15) working days, this will be deemed an acceptance of Our new terms and conditions, except if the modifications of the Conditions require You to make significant technical adjustments in their goods or services. Should You not agree with our new terms and conditions within the mentioned timeframe, then You are entitled to terminate this Agreement by deleting Your Account. For the avoidance of doubt, We remain free at any time to change, improve, update any technical features of MINTA without your consent.
The above notice period is not used where We must comply with a legal or regulatory requirement that requires the Company to change these Conditions without being able to comply with this notice period, or where We need to exceptionally change these Conditions to deal with an unforeseen and imminent risk related to the defense of Our Services, consumers or professional Users as a result of fraud, malware, spam, data protection violations or cybersecurity risks.
25. NOTICES
We may provide any notice to You under these Conditions by sending an e-mail to the e-mail-address associated with Your Account. You will be deemed to have received any e-mail sent to the e-mail-address associated with Your Account when We have sent the e-mail, whether or not You actually receive or read the e-mail. It is Your responsibility to keep Your e-mail-address current.
To give Us notice under these terms and conditions, You must contact us by e-mail to info@gate2chain.com We may update this email-address for notices to Us by posting a notice on Our Website. Notices to Us will be deemed effective one business day after they are sent.
26. COMPLAINTS
You can submit Us complaints regarding Our Services by e-mail to info@gate2chain.com According to the legislation in force, once We received Your complaints, We will investigate them in a timely and fair manner, and We will communicate You the outcome of such investigation within a reasonable period of time.
27. GOVERNING LAW
This Agreement shall in all respects be governed by and construed in accordance with the substantive laws of UK without any reference to its conflict of laws provisions. The provisions of the United Nation Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
28. JURISDICTION
If a dispute arises between You and Us, We ask that You first contact Us directly by e-mail to info@gate2chain.com to seek a solution, according to Section 25.
Any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of London (UK), without prejudice to the rights of consumers to take legal action or be sued in their domicile.
29. MISCELLANEOUS
This Agreement is effective upon the date You agree these Conditions by creating Your Account and accepting them. Nevertheless, within a maximum period of twenty-four hours from the entry into force of these Conditions, we will confirm Your acceptance by e-mail.
The Parties are independent contractors. Consequently, the provisions of this Agreement shall not, under any circumstances, be interpreted as creating any joint venture, association or partnership between the Parties. Neither Party may bind the other in any manner whatsoever or in favour of anyone whomsoever, except in accordance with this Agreement.
The failure of any of the Parties to enforce any of the provisions of this Agreement or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights, or in any way affect the validity of this Agreement. The waiver of any breach of this this Agreement by any Party hereto shall not operate to be construed as a waiver of any prior, concurrent or subsequent breach of the same and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.
If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
This Agreement and any documents referred to in this Agreement shall constitute the entire agreement between the Parties in relation to the subject matter hereof and supersede all previous agreements, arrangements and understandings between the Parties in respect hereto.
Privacy Policy
1. INTRODUCTION
GATE2CHAIN LTD (henceforth the "Company", "We", "Us" or "Our") is committed to protect Our customers privacy and personal data. We want to be clear and transparent about the data We collect and what We will do with them.
This privacy policy (hereinafter, "Privacy Policy")describes the following: • which of your (henceforth "Your" or "You") personal data we collect and process accordingly to Your relationship with Us as a customer; • where We obtain the data from; • what We do with that data; • how We store the data; • whom We transfer/disclose that data to; • how we deal with Your data protection rights; and • how We comply with the data protection laws, rules and regulations(hereinafter, "Laws"). All personal data are collected and processed in accordance with UK data protection Laws as applicable.
2. DEFINITIONS
Undefined terms in this Privacy Policy have the same definition as in Our Terms of service. You can access to Our Terms of service on Our website (www.minta.com) (henceforth, the "Website").
3. PERSONAL DATA CONTROLLER
All the personal data collected and processed according to this Privacy Policy is controlled by the Company, the data controller of the information collected and processed through Our website, applications that reference this Privacy policy and Our services under UK data protection Laws. Third parties may operate with Us on our behalf to help us run Our business, including verification of Your identity, provision of payment services. Those third parties will also individually be data controllers. You can access the privacy policy of these third parties by contacting them directly.
4. PERSONAL DATA COLLECTED
Personal data means any information relating to You which allows Us to identify You, such as your name, contact details, payment details and information about Your access and use of Our Website and services. We collect personal data every time You use Our Website and services, including when you browse the Website or when You contact Us. We can also collect Your personal data from the third parties mentioned in Section 3; we may also collect Your personal data in case We receive them from law enforcement authorities. The personal data We collect from You are listed below:
Contact Information, Account, Profile Information. Such as Your first name, last name, phone number, postal address, contact data, email address, date of birth, identity summary and profile photo.
Identity Verification and Payment Information. Such as images of your government issued ID (as permitted by applicable laws), your ID number or other verification information, bank account or payment account information. Please notice that You verify Your identity with Our partner Stripe Payments Europe, Ltd. (hereinafter, "Stripe") through the Website. Your use of Stripe (including when using the Website) is subject to Stripe Terms of Service and Privacy Policy. You are not allowed to use all Our services until You verify your identity with Stripe.
Geo-location Information. Such as precise or approximate location determined from Your IP address or mobile device's GPS depending on Your device settings.
Usage Information. All information related to Your use of the Website and Our services (i.e. the content You share or You view on and through the Website).
Log Data and Device Information. Such as details about how You've used the Website, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data and cookie data (as described in Our Cookies Policy; you can access to Our Cookies Policy on the Website).
Payment Transaction Information. Such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, Your address, and other related transaction details.
Information you voluntarily share. In addition to the personal data listed above, you may choose to share other personal data by your content submission (i.e. digital item, messages, etc.). This data will be publicly visible by other users.
5. USE OF THE PERSONAL DATA
We only use Your personal data to process all the issues relating to the browse of Our Website and the use of the services We provide.
6. DURATION OF THE STORAGE
We store Your personal data for as long as necessary to fulfil the purpose for which is being processed. We must also consider periods for which We need to retain personal data in order to meet Our legal obligations or to deal with complaints, queries, regulatory requirements, for audit purposes, to demonstrate compliance with public health regulations and relevant entry requirements and to protect Our legal rights in the event of a claim being made. To determine the appropriate retention period, We consider the amount, nature and sensitivity of the personal data, the purposes for which We process them and whether We can achieve those purposes through other means. We will actively check the data that We hold and delete them securely after the applicable prescription period in each case. In some cases, We will delete the data when there is no legal need to keep them, or any other need relating to the business or the customer.
7. LEGAL BASIS
In almost all cases, We will only process Your personal data if it is necessary for the adequate performance of the contracts or agreements that You have stipulated with the Company, and/or to provide Our services. We will process Your personal data when You have specifically given Your consent. In that case, You may revoke it at any time by writing to us by e-mail to info@gate2chain.com. Additionally, we may process Your personal data when there is a legal basis to do so, such as fulfil a legal obligation.The legal basis will depend on the reason or reasons for collecting and using Your data.
8. SECURITY
We are committed to ensuring the security and confidentiality of Your personal data. Taking into account the nature of Your personal data and the risks of processing, We have put in place appropriate technical and organizational measures as required by applicable Laws to ensure an appropriate level of security and to prevent any accidental or unlawful destruction, loss, alteration, disclosure, intrusion of or unauthorized access to these data. If the Company suffers a breach involving Your personal data and this breach creates a high risk to Your rights, We will inform You about the breach, the likely consequences of it and the measures We have put in place to protect You and others in accordance with data protection Laws.
9. SHARING AND TRANSFERRING YOUR PERSONAL DATA
Your personal data may be shared with the following third parties:
Government authorities, law courts or lawyer firms, to fulfil legal obligations.
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Third parties referred in Section 3. Our Website may contains links to other websites. Once You use those links and leave Our Website, We do not have any control over that other website. We are not responsible for the protection and privacy of any data which You may provide whilst visiting those other websites. They are governed by their own privacy statements.
• Sub-processors, the Client hereby grants general authorization for the sharing of data with sub-processors that are essential for the system's proper functioning.
10. COOKIES AND SITE TRACKING
We use cookies on Our Website. The Company is the data controller of any information We obtain from the use of cookies. Please refer to Our Cookies Policy. You can access to Our Cookies Policy on the Website.
11. DATA PROTECTION RIGHTS
In accordance with data protection Laws, you have the following rights:
Access. You can request access to Your personal data We hold.
Rectification. You can rectify Your personal data if they are not correct.
Erasure (right to be forgotten). You can ask for Your personal data to be erased, whenever We have no legal basis to continue to process them. However, we will retain the personal data that relates to the contracts and agreements that You have stipulated with the Company to perform them, defend or pursue our legal rights and meet our obligations towards regulatory or governmental authorities.
Object to processing. You can object to the processing of Your data according to applicable Laws, including object to automated decision-making including profiling, which produce a legal effect or similarly significant effects.
Withdraw consent. In the limited circumstances where You may have provided Your consent to the collection, processing and transfer of Your personal information for a specific purpose, You have the right to withdraw Your consent for that specific processing at any time. Once We have received notification that You have withdrawn Your consent, We will no longer process Your information for the purpose or purposes You originally agreed to, unless We have another legitimate basis for doing so in law.
Portability. Request portability of Your personal information in an electronic and structured form to You or to another party (commonly known as a right to "data portability"). This enables You to take Your data from Us in an electronically useable format and to be able to transfer Your data to another party in an electronically useable format.
Lodging Complaints. You have the right to lodge complaints about Our data processing activities contacting Us as mentioned below or with the competent supervisory authority.
12. CHANGES TO PRIVACY POLICY
We reserve the right to change, update and/or modify any part of this Privacy Policy at any time and for any reason at Our sole discretion. In any such event, We will notify You that Our Privacy Policy have been updated.
Should You continue to use the Website or should We not receive a reply from You within fifteen (15) working days, this will be deemed an acceptance of Our new Privacy Policy. Should You not agree with our new privacy policy within the mentioned timeframe, then You are entitled to terminate this Agreement by deleting Your Account. The above notice period is not used where We must comply with a legal or regulatory requirement that requires the Company to change this Privacy Policy without being able to comply with this notice period, or where We need to exceptionally change this Privacy Policy to deal with an unforeseen and imminent risk related to the defence of Our services, consumers or professional users as a result of fraud, malware, spam, data protection violations or cybersecurity risks.
13. CONTACT US
You can contact us by email at info@gate2chain.com. We may update this email-address by posting a notice on Our Website.