Terms & Conditions

 

  1. I.                   Definitions

 

  1. Gaininvestors - an internet based classifieds service available at the internet domain www.gaininvestors.com, being a classifieds platform allowing for the posting of classifieds in search of investors, contractors, or other types investment opportunities.
  2. User – Person, of 18 years old or more, who is of full legal capacity to make legally-binding decisions.
  3. Classifieds- the webpage made available to the user, containing information provided by him/her in the form of a classified.
  4. Administrator- Legally registered in the U.K. as Polinvesta LTD C220D Trident Business, 89 Bickersteth Road, London SW 17 9SH United Kingdom, under Registry Number 10958133
  5. Terms & Conditions – information contained herein.

 

  1. II.                General Terms
  2. These terms and conditions outline the rules and regulations for the use of Gaininvestors Website, rights and responsibilities of the User, as well as the rights and responsibilities of the Administrator.
  3. At the moment of acceptance of the Terms & Conditions, the User certifies that they have become familiar with the contents contained in said Terms & Conditions. The User also certifies that they will abide by the conditions set here forth.
  4. In order to assure for the proper and uninterrupted functionality of Gaininvestor’s site, the following technological requirements should be met:

In order to receive and open electronic correspondence and attachments, the User will need:

The Administrator is not responsible for providing technological equipment or programming mentioned in sections 3 or 4.

  1. Usage of internet services requiring data transmission over a public internet connection carries a risk of unwanted third-party interference for data being transferred between the Administrator and the User.

The User is forbidden from sending or distributing information that is deemed to be unlawful. 

Only creating an account in the service enables correspondence with other service users.

 

 

 

  1. III.             General Conditions of Use

1. A condition of using the website is the possession of a device with an internet browser. In order to make purchases, the user must have an active account with PayPal or PayU.

2. The user has consented to provide only factual and up-to-date information.

3. The Administrator will not be involved in transactions, and any disputes resulting from said transactions, taking place between the User and other website users.

4. The agreement to enter, and completion of, any transaction(s) between Users, as well as any financial payments arising from such transactions, is solely at the discretion and responsibility of the Users. The administrator takes no legal liability for said transactions.

 

  1. IV.              Posting a Classified

1. The User may post a Classified free of charge up to 31.03.2020 After 31.03.2020 the Administrator may charge a fee for services mentioned in the Terms and Conditions.

2. In order to post a Classified, the User must create an individual account, which is created by filling in the form available on the website as well as by being in possession of an active PayPal or PayU account.

3. The administrator does not charge or take any commission for Users entering into contracts with other Users on the website.

4. The fee for posting a Classified will be deducted automatically through the third parties contracted to do so. The Classified will be active for a term of 30 days.

5. After the expiration of the term stated in section IV, subsection 4, the Classified will be removed from the platform.

6. Acceptance of the Terms & Conditions, as well as filling in the appropriate form, is required in order for the Classified to appear on the platform.

7. At the time of Classified creation, the User is required to fill out the form in a truthful and accurate manner.

8. The number of Classifieds posted by a single user is unlimited. Posting multiple Classifieds containing the same subject matter by the same User is prohibited.

9. Furthermore, the following types of Classifieds are forbidden:   

V. Rights and Responsibilities

1. The User is fully responsible for the publicized information, including photographs, and is responsible for not breaching applicable laws, terms and regulations, third-party rights, Administrator’s rights, general societal customs or norms.

2. The Administrator is not responsible for the behavior of, and actions taken by, the User within the platform. 

3. The Administrator does not control or verify the credibility of persons using Gaininvestors platform, especially in terms of impartial, inaccurate, or false information provided by the user, nor does the Administrator verify Classifieds for credibility.

4. The Administrator retains the rights to check and prevent any Classifieds from being publicized in cases where there is suspected fraudulent or illegal merchandise or claims, as well as in cases where the Classified may violate any of the Terms and Conditions of the platform or applicable laws.

5. The Administrator is not to be held responsible for: the quality, state, origin or legality of the classifieds, the authenticity or credibility of the information provided by the User, as well as, the ability of the User to complete the transaction.

6. The Administrator is not responsible for contracts which were entered into between Users related to published Classifieds, including but not limited to transactions that were improperly conducted or for non-deliverance.

7. The Administrator retains the right to remove Classifieds, change categories, or edit published information, including images, which:

8. The Administrator retains the right to completely or partially prevent a User from using the platform in case of violation of the applicable law or a User who violates the Terms & Conditions.

 

VI. Refunds and Cancellations

1. Requests for refunds of services provided by the Administrator, which are mentioned in the Terms & Agreements, can be sent by post to Polinvesta Ltd C220D Trident Business Center, 89 Bickersteth Road London SW 17 9SH United Kingdom or by electronic mail to support@gaininvetors.com within 14 days from the end date of the Classified, or by/on the day of which the Classified was supposed to end.

2. Refund requests must provide information by which the Classified can be identified, personal identification details, as well as the reason(s) and basis for requesting a return of funds.

3. In circumstances where the information provided is insufficient, the Administrator will contact the User with a request to provide more information prior to making a decision.

4. Refund requests that are submitted properly will be reviewed within 14 days from the date of receipt. In situations where the User provided insufficient information, the 14-day term begins at the time of submitting the missing information.

5. The Client/Consumer has a right to terminate the contract within 14 days without providing any reasons and without being subject to charges, with the exceptions provided under law. 

6. The contract can be terminated by using the form found at the bottom of the Terms & Conditions. The form need not be used as the User may terminate their contract through other means.

7. The right to terminate a long-distance contract is not provided in situations in reference to contracts: 

1)      For services, in cases where the provider has provided the services after clear acceptance by the client, whereby the client was informed prior to commencement.

2)      Which the price or payment is dependent upon the fluctuations in the financial market, of which the provider has no influence on, and can occur within the time to resign.

3)      Where the product is not manufactured, manufactured to the client’s specifications, or is used to satisfy the client’s individual needs

4)      Where the product is perishable or carries a short expiration date

5)      Where the product is delivered in sealed packaging, which after the seal has been broken, cannot be resold due to hygiene or health reasons

6)      Where the product, after delivery, due to its nature, is tied into other products

7)      Where the products are alcohol- based, the price was set at the time of signing the contract, where delivery occurs after 30 days and their value is set by the fluctuations in the market.

8)      Where the client clearly requested that the seller visit the client as an expedited call at their location to repair or conserve; Should the seller provide other services than the client requested, or deliver parts that were not necessary to perform the repair or conservation, the client has a right to request a refund for those particular products or services beyond their request.

9)      Where the product in question is an audio recording or video recording or computer program delivered in sealed packaging, once the seal has been broken.

 

Additional Consumer Information

 

  1. The consumer has a right to seek any and all available methods of dispute settlement, including civil courts and mitigation specialists.

 

 

VII. Privacy Policy

1. Administrator

The Administrator of your personal data is Polinvesta LTD C220D Trident Business Center, 89 Bickersteth Road London SW 17 9SH United Kingdom, Registry Number 10958133. Contact  support@gaininvetors.com with questions regarding data protection.

2. How we use your personal data

In order to provide services in accordance with the company profile, the Administrator processes User information through the use of various methods allowable by law.

 

We may collect the following Data, which includes personal Data, from you:

 

The applicable law for the processing of data is Article 6 Section 1, Subsection. b GDPR which allows for the processing of personal data if it is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract. If the User provides a telephone number, The Administrator presumes that the User has granted consent to processing the data under Article 6 Section 1 Subsection. a whereby the data subject has given consent to the processing of his or her personal data for one or more specific purposes.

 

For processing refunds the Administrator processes personal data, such as:

 

The applicable law for the processing of data is Article 6 Section 1, Subsection. b GDPR which allows for the processing of personal data if it is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract.

 

For sending out e-mails containing commercial information the Administrator process personal data, such as:

 

The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party (In this particular case, the Administrators interest is to inform Users about services that may increase the quality or value of using the services provided by the Administrator.)

 

For creating invoices and compliance with other obligations set out by law to which the Administrator is subject to by tax law, such as storing financial records for 5 years. The Administrator processes personal data, such as:

 

The applicable law for the processing of data is Article 6 Section 1 Subsection C GDPR, processing is necessary for compliance with a legal obligation to which the Administrator is subject.

 

For the purpose of determining, processing or defending against claims the Administrator processes personal data such as:

 

The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party (In this particular case, the Administrator’s interest is to possess personal data which may determine, process or defend against claims, including those of Users and third parties.)

 

For the purpose of archiving and maintaining evidence, the Administrator processes personal data such as:

 

 

For the need of protecting information which may be used as evidence in legal circumstances.

The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party. (In this particular case, the Administrator’s interest is to be in possession of personal data that may be used as evidence related to providing services, for example in situations where a government agency may make a request.)

 

For the purpose of analytics, such as surveying and analyzing website traffic for website belonging to the Administrator, the Administrator processes personal data such as:

 

The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party. (In this particular case, the Administrator’s interest is to become familiar with User website activity.)

 

For the purpose of using cookies on the website the Administrator processes text data. (Cookies are addressed in a separate section.)

 

The applicable law for the processing of data is Article 6 Section 1 Subsection a GDPR, the data subject has given consent to the processing of his or her personal data for one or more specific reasons (upon the first visit to the website a request for approving cookies will be shown.)

 

For the purpose of site administration, the Administrator processes personal data such as:

 

Data is stored automatically in server logs at every visit to the website belonging to the Administrator. The administration of such a website without using the server or automatic storage would be impossible.

 

The applicable law for the processing of data is Article 6 Section 1 Subsection. f GDPR, processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party. (In this particular case, the Administrator’s interest is website administration.)

 

 

Cookies

 

The Administrator uses cookies on his website. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from a server. Cookies can be read by our server, as well as the servers that we utilize (Facebook, Google).

 

  1. 1.       How we use cookies:

 

1)      Upon your first visit to our site we ask for your permission to store cookies because your search engine automatically allows for the use of cookies on your device thereafter. If you do not want to have cookies stored on your device, you may change this option by going into the settings of your search engine. You may block all cookies or set the search engine to request permission on an individual basis. Settings can be changed at any given time.

2)      We respect our Users rights to remain anonymous during their visits to our Website, however, we need to inform you that blocking or limiting cookies may cause problems to arise while using our Website, such as: need to continuously log in at each subpage, longer page load times, limited website functionality, problems with linking to social media, etc.

 

Right to Withdraw Consent

 

1. In situations where data processing is based on gaining permission, the User has a right to withdraw consent at any given time.

2. Should you wish to exercise your right to withdraw consent to process your data,

3. If the User’s data was processed based on permission that we had attained, the withdrawal of such a consent does not make previous data processing a violation of your rights. Up to the termination, we have a right to process your data and the termination does not influence the legality of any processing up to that time.

 

Providing Personal Data Requirement

1. Providing any personal data is not obligatory and is only based on the User’s decision to do so freely. In certain situations, in order for the User to use all of the services on our website, the User is required to provide certain personal data.

2. In order to for us to provide services to the User, the User must provide his/her name and e-mail address, without it we are unable to enter or fulfill our duties.

3. In order to receive an invoice for services, tax information is required. In other words, the User must provide their name, surname, business name, address, and tax ID. Otherwise, we will be unable to provide an invoice.

4. In order for us to contact you by phone in situations where such an action is warranted, the User must provide a telephone number.

 

Automated Decision Making and Profiling

We kindly inform you that we do not undertake automatic decision making, along with profiling. The content, which is sent along with the contact form, does not undergo automatic processes for credit scoring. The proposed pricing for our services is in no shape or form a result of scoring by automatic systems.

 

Third Parties

1. Like most other businesses, we may work with third parties where sharing your personal data is required. We may share your data with lawyers, those that aid us in providing services to you, payment services providers, accounting firms, server hosts, or other contractors.

2. We may also be required to share your personal data with other, public or private, third parties. We are unable to foresee the identity of these entities at this time. However, we assure our Users that every request for us to share your personal data will be carefully and thoroughly analyzed as to not share your personal data with undesirable third parties. 

3. Your personal data may be shared with marketing partners after gaining the appropriate permission from you.

Foreign Entities

1. Like most other businesses, we utilize the popular services and technology that are offered by entities, such as Facebook, Microsoft, and Google. As these companies are headquartered beyond the European Union, they are considered foreign entities in terms of GDPR.

2. GDPR provides for restrictions in the sharing of person data with foreign entities as most of the countries beyond the EU have inadequate protection of personal data for EU citizens. The administrator has the obligation to set the legal basis for sharing any personal data.

3. Based on a decision made by the European Commission on July 12th, 2016, we only share data with entities found in the United States of America as well as only those that are a part of Privacy Shield. You may read more on the European Commission’s website at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_pl. Entities that have joined Privacy Shield guarantee to provide the highest security measures that are in effect in the European Union. Thus, our decision to utilize their services is fully compliant with the law.

4. We will supply our Users with more information and any explanations regarding the sharing of personal data, in particular when concerns should arise.

5. You are entitled to receive a copy of the personal data that is and was shared with foreign entities.

 

Data Retention

1. In accordance with the current law, we do not process your data infinitively, but for a certain period of time that is required to serve its purpose. After that time, the User’s personal data will be permanently removed and or destroyed.

2. In situations where the Administrator no longer needs to process the User’s personal data but rather is required to archive it, such as is the case in situations where the Administrator is defending him/herself against claims, the Administrator protects your personal data through pseudo automatization. Pseudo automatization relies on encrypting personal data, or a group of data, and requires an additional key to open.

3. We retain your data for the following lengths:

4. The lengths are calculated from the end of the year in which the data was first processed in order to allow for systematic removal. Individual calculation of archival would be tied with organizational and technical difficulties, as well as financial strain. Requests for removal are analyzed individually.

5. The additional year regarding processing data for contracts is based upon the hypothetical situations where a User may file a grievance shortly before expiration of the term whereby the delivery may be delayed or where a date may be requested.

 

 

 

Your rights

 

1. You have the following rights in relation to your Data:

 

2. We respect your right to privacy granted by the articles in the privacy laws and aim for the processing to be of highest quality. The above rights are not absolute and we reserve the right to deny requests. However, should we deny your request it is only after a thorough analysis and only in situations where such a denial is absolutely warranted.

3. Regarding your right to raise an objection, we explain that you have the right to file an objection regarding the processing of your data based on the Administrator’s interests (mentioned under subsections in section VIII). However, please keep in mind that we have the right to deny any objections based on current regulatory and statutory laws if we can prove that:

4. Furthermore, you have the right to object to the processing of your data when it is used for marketing purposes. In this situation, once your objection has been received we will cease to process your personal data in this way.

 

5. You may exercise your rights by sending an e-mail to the Administrator at support@gaininvetors.com

 

If you are not satisfied with the way a complaint you make in relation to your Data is handled by the Administrator, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.

 

Final Conclusions

1. All of the information contained in this Privacy Policy are governed by GDPR.

2. Polinvesta LTD reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. You will receive an e-mail with any changes and they will be posted on the Website. You are deemed to have accepted the terms of the privacy policy on your first use of the Website following the changes.

3. The Privacy Policy is in effect as of  01.05.2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Place, Date

………………………………………

………………………………………

………………………………………

Consumer(s) Name(s) and Surname(s)

Consumer(s) Address(es)

      

 

Polinvesta Ltd

C220D Trident Business Center,

89 Bickersteth Road London

SW 17 9SH United Kingdom

 

 

 

 

Contract Cancellation Form

For Contracts Signed From a Distance

 

 

 

I /We (*)………………….……………certify below(*) that I/We(*)request to cancel our contract regarding services- in the form of posting classifieds within the website of Gaininvestors(*) ………………………………..……

 

Date of Contract………………………………………..………………

 

 

……………………………………

Consumer Signature