SETSUNAEPIC TREASURE TROVE MARKETING PROGRAM
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE SETSUNAEPIC TREASURE TROVE MARKETING PROGRAM. PARTICIPATION IN THE TREASURE TROVE MARKETING PROGRAM MEANS THAT YOU AGREE TO BE BOUND BY ALL RULES CONTAINED OR REFERENCED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE RULES, YOU MAY NOT TAKE PART IN THE TREASURE TROVE MARKETING PROGRAM.
Delivery Time
1. DEFINITIONS
consumer – means the Participant who is a natural person and who acts in the Treasure Trove Marketing Program for purposes that are outside his/her trade, business, craft, or profession. This definition shall be applied solely to the Participant from the European Economic Area.
SETSUNAEPIC.COM – means the company SETSUNAEPIC.COM Limited with its registered office in England, 3rd Floor Office, 207 Regent Street, London, England, W1B 3HH.
Participant – means any person, legal or natural who participates in Treasure Trove Marketing Program to obtain a commission.
Terms and Conditions – means these terms and conditions which establish a set of rules regarding the Treasure Trove Marketing Program, including the rights and obligations of the Participant and SETSUNAEPIC.COM related such program.
General Terms and Conditions - means a set of rules published at www.setsunaepic.com, including the rights and obligations that refer to the Participant, User, Seller, Selling User, and SETSUNAEPIC.COM.
Privacy policy - means a set of rules for the processing of personal data and privacy policies applicable to the Participant and SETSUNAEPIC.COM. The Privacy Policy is available on the following website: https://www. setsunaepic.com
Treasure Trove Marketing Program – means an affiliate program set out in these Terms and Conditions under which the Participant may obtain a commission due to the purchase by the Reflinked Person of relevant product and/or services offered through the Site.
Site - means a group of related websites that are hosted on the Internet in the domain setsunaepic.com.
Reflink - means a special website address generated by the specific functionality of the Site, containing a unique identification of the Participant. When clicking on the reflink, the Reflinked Person can see the offer of a product and/or service offered on the Site.
Reflinked Person – means a User who clicked on the Reflink placed by the Participant, and therefore has a valid cookie in his/her web browser due to the click on that Reflink.
User – means any natural person who purchases a product or service from the Seller or Selling User on the Site.
If these Terms and Conditions do not contain a definition herein, any words spelled with a capital letter shall have the same meaning as in the General Terms and Conditions.
2. GENERAL PROVISIONS
2.1. The organizer of the Treasure Trove program and the owner of the Site is SETSUNAEPIC.COM LIMITED with a registered office at 3rd Floor Office, 207 Regent Street, London, England, W1B 3HH.
2.2. SETSUNAEPIC.COM provides the Participant with free of charge the following electronic services:
2.2.1. enabling viewing of content placed on the Site;
2.2.2. SETSUNAEPIC ID;
2.2.3. Newsletter;
2.2.4. possibility to get a commission due to participating in Treasure Trove.
2.3. Under the law, SETSUNAEPIC.COM is required to provide the electronic services referred to above under these Terms and Conditions and the applicable law.
2.4. Minimum technical requirements necessary for cooperation with the Site:
2.4.1. access to the Internet and e-mail;
2.4.2. electronic device with a minimum screen resolution 1366px x 768px and a web browser with support enabled cookies and JavaScript, one from:
(a) Mozilla Firefox 65 or newer;
(b) Microsoft Edge 44 or newer;
(c) Opera 58 or newer;
(d) Safari 12 or newer;
(e) Google Chrome 72 or newer.
2.5. SETSUNAEPIC.COM informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying the Participant data by unauthorized persons. The basic threat of every Internet user, including people using electronic services, is the possibility of "infecting" the ICT system by various types of software created mainly to cause damage, such as viruses, "worms" or "trojan horses". Therefore, the Participant should use appropriate technical measures that shall minimize the above-mentioned threats, in particular he/she should use antivirus and identity protection programs using the Internet.
2.6. The provisions of these Terms and Conditions do not affect the consumer rights based on generally applicable law.
2.7. The Participant may at any time, without incurring costs, gain access to these Terms and Conditions via an internet reference (i.e. link) placed on the Site (and download them on a durable medium) or ask SETSUNAEPIC.COM to provide it on a durable medium, including via email.
2.8. SETSUNAEPIC.COM declares that participation in Treasure Trove is voluntary and free of charge to the Participant.
3. TERMS OF USE OF THE SITE. ACCOUNT
3.1. The Participant is obliged to use the Site in a manner consistent with the provisions of these Terms and Conditions, the General Terms and Conditions, and the applicable law.
3.2. To take part in Treasure Trove the Participant is obligated to register and open an account through the Site by completing the registration form. During the registration process, the Participant is required to provide a valid e-mail address, username, and password, and mark the acceptance of the Terms and Conditions, and General Terms and Conditions. The rules for registering and maintaining the Participant's account
(SETSUNAEPIC ID) are regulated in the General Terms and Conditions. These Terms and Conditions constitute an integral part of the General Terms and Conditions. In the event of discrepancies between the General Terms and Conditions and these Terms and Conditions, the General Terms and Conditions shall prevail.
3.3. The Participant ensures that the data provided by him/her in the registration form during the registration process on the Site are truthful, complete, reliable, and not misleading.
3.4. The Participant shall exercise care in that a valid e-mail address is always assigned to his account on the Site.
3.5. The Participant is entitled to have only one (1) account (SETSUNAEPIC ID) on the Site which can only use individually and excluding any third parties, in particular the Participant may not share their credentials (login and passwords) with any third parties or share the usage of the account with other persons.
3.6. The Participant bears sole responsibility for the security of their login, password, and any use of the account (SETSUNAEPIC ID) after logging in with the said password. SETSUNAEPIC.COM is not responsible for the use of the account (SETSUNAEPIC ID), login or password by an unauthorized person, or any transaction person due to the Participant’s fault.
3.7. SETSUNAEPIC.COM reserves the right to temporarily block the access to the Site or services offered therein in connection with the modernization of the Site or the maintenance works of the ICT system.
4. THE PARTICIPANT
4.1. These Terms and Conditions govern the rights and obligations of the parties joining Treasure Trove. These Terms and Conditions constitute the agreement concluded between the Participant and SETSUNAEPIC.COM for the rendering of the electronic services. The agreement for rendering of the electronic services shall be concluded as soon as the Participant confirms the acceptance of these Terms and Conditions.
4.2. Setsunaepic Treasure Trove program is intended only for the Participant where their place of residence and/or habitual residence allow to participate in that type of program without any additional requires licenses, permits, or other approvals required by authorities. If the applicable law to the Participant requires any additional licenses, permits, or other approvals from authorities, then the Participant may not take part in Treasure Trove.
4.3. Treasure Trove program is limited to one (1) account (SETSUNAEPIC ID) per household or legal entity as determined by SETSUNAEPIC.COM.
4.4. The Participant hereby declares that he/she is at least eighteen (18) years (or has reached the legal age of majority which - in the light of the law of his or her country gives the Participant the right to enter into a legally binding agreement), has full legal capacity and consents to the conditions set out in these Terms and Conditions. If the Participant acts on behalf of a legal entity – the Participant hereby asserts to SETSUNAEPIC.COM that the Participant is authorized to enter into commitments arising from the execution of these Terms and Conditions for and on behalf of such legal entity, and acceptance of these Terms and Conditions by such Participant shall be equivalent to acceptance by such legal entity.
4.5. The Participant may not place and/or provide the Site and/or SETSUNAEPIC.COM with illegal content and use the Site in a manner contrary to the law, decency, or violating the rights of any third parties.
4.6. In the case of gaining knowledge by the Participant of a breach of these Terms and Conditions or the General Terms and Conditions or applicable law by another Participant, the Participant is obligated to immediately notify SETSUNAEPIC.COM of this fact.
5. Treasure Trove
5.1. Without prejudice to other parts of these Terms and Conditions, the Participant that participates in Treasure Trove may receive a commission, if all of the following conditions specified below are met:
5.1.1. The Reflinked Person purchases via the Reflink a relevant product and/or service on the Site and pay the full price for them, together with all taxes, levies, fees and shipping costs.
5.1.2. The purchase of a product and/or service set forth in section 5.1.1 above takes place within 24 (twenty-four) hours of clicking the Reflink by the Reflinked Person, and that Reflinked Person at the moment of purchasing has valid cookies of that Reflink in his/her web browser through which he/she makes a purchase (SETSUNAEPIC.COM may extend the aforesaid 24 (twenty-four) hours up to 30 (thirty) days period due to important reasons, which include (i) a change in the promotional and marketing campaign of a product and/or service offered on the Site to which Treasure Trove applies, (ii) introducing new products or services to which Treasure Trove shall be applied, (iii) and to ensure the safety and security using the Site by the Participant, User, Seller and Selling User as well as (iv) to introduce new or changes to the existing rules of the service, however, in each time SETSUNAEPIC.COM will inform in this respect).
5.1.3. 11 (eleven) calendar days have elapsed from the date of shipping of a relevant product and/or service to the Reflinked Person and during this time the Reflinked Person does not submit a complaint, not requested for a refund nor withdraw from purchasing agreement related to such product and/or service (the term of 11 (eleven) calendar days may be extended by SETSUNAEPIC.COM at its discretion, if there is a reasonable probability that the Reflinked Person submits a complaint, requests for a refund, or withdraw from purchasing that product and/or service).
5.1.4. The commission value generated as a result of the purchase of a single product and/or service (or the same products and/or services) by Reflinked Person in a single transaction must be equal or exceed EUR 0.01 (the generated commission below such value is not granted to the Participant; for the avoidance of doubt, the commission is not calculated on the total value of the single transaction (i.e. on the total of all products and services purchased during a single transaction), but the commission is calculated separately for each of the products or services purchased under a single transaction).
5.1.5. The product and/or service is not purchased on the Site by the Reflinked Person who is a wholesaler.
5.1.6. The purchase transaction of a relevant product and/or service on the Site by Reflinked Person was completed (it does not have the 'processing' status or similar) within 120 calendar days from the date of its commencement.
5.1.7. The product and/or service does not purchase on the Site by the Participant who has valid cookies in his/her web browser derived from other affiliate programs conducted by SETSUNAEPIC.COM or on SETSUNAEPIC.COM’s behalf by a third party (in particular Google Ads, Facebook Ads).
5.1.8. The Participant does not breach any of the provisions set forth in these Terms and Conditions, in particular the ones stipulated in sections: 3.2, 3.3, 3.5, 4.2, 4.3, 4.4, 4.5, 6.4, 7.1.1 - 7.2.15.
5.1.9. The Participant does not purchase themselves a product and/or service on the Site using the Reflink which has been created by that Participant;
5.1.10. The Participant account (SETSUNAEPIC ID) is not limited, closed, or blocked.
5.2. Information about the commission as the Participant may obtain under Treasure Trove regarding the relevant product and/or service shall be presented on the Site in the Participant administration panel (SETSUNAEPIC ID). If that information shall not be presented there, then the Participant shall be entitled to receive the commission being the percentage value of the gross sold price (excluding any shipping costs) of the product and/or service purchased by the Reflinked Person:
5.2.2. digital product - 10% of the gross sold price (excluding any shipping costs);
5.2.3. service - 0% of the gross sold price (excluding any shipping costs);
The Participant’s commission shall be rounded up or down, as appropriate, in accordance with generally accepted mathematics principles.
5.3. In the event that Reflinked Person purchases a product and/or service in a currency other than USD, then the price is converted into USD and the Participant's commission is determined from the USD price.
5.4. SETSUNAEPIC.COM is entitled to amend, at its absolute discretion, the percentage of commission as the Participant may receive under Treasure Trove, as well as to establish any restriction and/or limitation of that commission due to important reasons, which include (i) a change in the promotional and marketing campaign of a product and/or service offered on the Site to which Treasure Trove applies, (ii) the need to adjust the provisions of these Terms and Conditions to the applicable law, (iii) to ensure the proper functioning of the Site, (iv) introducing new products or services to which Treasure Trove shall be applied, (v) and to ensure the safety and security using the Site by the Participant, User, Seller and Selling User as well as (vi) to introduce new or changes to the existing rules of the service. The commission changes are not retroactive.
5.5. The Participant acknowledges and agrees that some products and/or services, as determined by SETSUNAEPIC.COM in its sole discretion, may be excluded from Treasure Trove.
5.6. SETSUNAEPIC.COM does not provide the Participant with any guarantees or after-sales services regarding the Treasure Trove program.
6. SETTLEMENTS
6.1. The Participant’s commission set forth in section 5 becomes due when the Participant requests its payment in the administration panel (SETSUNAEPIC ID). The commission can be claimed by the Participant no later than one (1) year from the date it is acquired; after this period, the commission is forfeited.
6.2. Payment of the commission is governed by the SETSUNAEPIC Pay Terms and Conditions available here: https://pay. SETSUNAEPIC.com/terms-and-conditions.
6.3. Any commission received by the Participant consists of a gross amount and includes all taxes, levies, and fees; the commission shall be denominated in USD.
6.4. The Participant is obliged to file and pay all taxes, levies and fees result from the commission received under Treasure Trove on their behalf.
6.5. In a situation when the Reflinked Person withdraws from the agreement related to purchasing a product and/or service concluded with the Seller, Selling User after the term set forth in section 5.1.3 of these Terms and Conditions, requests for a refund and such refund has been executed, then SETSUNAEPIC.COM may cancel the awarded commission due to such transaction, and if the commission has already been paid, then it may demand a return of the paid commission; the Participant is to be obligated to immediately return the commission to SETSUNAEPIC.COM.
6.6. The Participant and Reflinked Person may not enter in collusion with each other, interact, directly or indirectly, as well as take any action that would aim at illegal obtaining of money from SETSUNAEPIC.COM or by the usage of Treasure Trove or engage in other activity holding SETSUNAEPIC.COM as susceptible to losses, especially to undertake activities that would (or cause) obtain commission using Treasure Trove in the absence of payment for the relevant product and/or services by the Reflinked Person. Consequently, may not engage in activities that would necessitate SETSUNAEPIC.COM (or Seller, Selling User) to return these funds by SETSUNAEPIC.COM (or Seller, Selling User) to the purchasers of the relevant product and/or services. In particular, Users, Reflinked Persons cannot act, jointly or individually, contrary to the rules of social conduct, morality, principles of integrity, loyalty in business, and fair competition. If the Participant engages in behavior specified in this section, SETSUNAEPIC.COM has the right to terminate the account agreement with immediate effect and any commission regarding aforesaid event shall not be due to the Participants.
6.7. The Participant may be required to bear the costs of the payment transaction in connection with the payout of a commission as part of participation in Treasure Trove in the amount indicated on the Site during submitting the payment instructions by the Participant.
6.8. Unless the applicable law provides otherwise, SETSUNAEPIC.COM is entitled to deduct its claims from the commission due to the Participant.
7. PARTICIPANT’s OBLIGATIONS
7.1. It is forbidden to act by the Participant or any third party on behalf of the Participant such as:
7.1.1. creating, placing, or using any keywords, search terms, or other identifiers (including title or meta description) which is identical, pretends or simulates SETSUNAEPIC.COM’s ads (including such as the words “setsunaepic”, or “setsunaepic.com”, or any other trademark of SETSUNAEPIC.COM or its affiliates) generated or displayed on a search engine, including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network;
7.1.2. creating, placing, or using any method under which given person is redirected to the Site without his/her consent and/or taking any action in this regard, a redirection is performed for a person in an unaware manner, or Reflink is not properly formatted what cause that it cannot be correctly tracked or reported for SETSUNAEPIC.COM;
7.1.3. any product or service was purchased by a Reflinked Person referred to the Site by a link that sends a Reflinked Person indirectly to the Site via an intermediate site, without requiring the person to click on a link or take some other affirmative action on that intermediate site;
7.1.4. hiding Reflink on the website, by placing iframe scripts, using a redirect from the ad network or referral links;
7.1.5. placing on his/her site, displaying, or otherwise using special links or content in connection with any spyware, malware, virus, worm, trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by any person before being downloaded or installed on their computer or other electronic devices;
7.1.6. posting or serving any special links or other content promoting the Site within pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with User’s site promoting products or services closely associated with the materials on User’s site;
7.1.7. causing that website displays Google ads using third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf, and click-exchange programs.
7.1.8. creating, placing, or using any Reflink on the website(s) corresponded or referred to public sexuality, pornography, erotic, pedophilia or sexual deviation; (ii) obscene, indecent or profane behavior, (iii) torturous, defamatory, slanderous, libelous event, (iv) promotes racism, hatred or harm against any individual, religious, political, age-specific, gender-specific, or other groups;
7.1.9. infringing of any applicable law, rules, regulations promulgated or adopted by any of countries, states, and/or regions.
7.2. The Participant will not:
7.2.1. engage in any activity detrimental to the good name or reputation of SETSUNAEPIC.COM, Treasure Trove or which may harm SETSUNAEPIC.COM or the products and/or services sold through the Site;
7.2.2. take any action against the law, morality, rules of social conduct or act in any other way that would be detrimental to the interests of G2A.COM including advertising for any competitor as determined by SETSUNAEPIC.COM;
7.2.3. violate the provisions of the General Terms and Conditions and/or these Terms and Conditions;
7.2.4. provide false or misleading information;
7.2.5. illegally attempt to obtain, or obtain, benefits of participation in Treasure Trove or resulting in unfair obtaining of funds during the course of the contractual relationship between the Participant and SETSUNAEPIC.COM;
7.2.6. send to other Participant or any third party unsolicited commercial communications (so-called spam) containing Reflink, and must - before placing a Reflink – read, verify and obey the terms of any such sites where that Reflink is placed; the Reflink must be inserted by the Participant only in the visible place to users;
7.2.7. impersonate anyone or other entity whether existing or fictitious, falsely claim to be connected or have business relationships with any person or entity, or access the accounts of other Participants or any third party;
7.2.8. use Treasure Trove, the Site, Reflink and/or the account for any other purpose other than the use of the services as offered by SETSUNAEPIC.COM or related to the agreement, or attempt to bypass or disable any security protocols;
7.2.9. defame, harass, insult, cheat, threaten other Participants or any third party, collect or attempt to collect other Participant personal data or personal information to disclose to third parties without their express written consent;
7.2.10. modify, adapt, translate or create derivative works of the Site, or its components, or any part thereof;
7.2.11. in any way willfully obstruct the operation of the Site and/or Treasure Trove or interfere with other Participants in the use of them, in particular to place or distribute viruses or other malicious software such as adware, spyware, etc;
7.2.12. interfere or attempt to interfere with the operations of the Site, Reflink or any activities performed by using the Site, Reflink, and Treasure Trove;
7.2.13. undertake actions to acquire the passwords of other Participants, including attempts to guess passwords, infer them in any way or intercept them by the usage of any form of software;
7.2.14. make the account or any of its functionalities available to third parties for a fee or any form of payment; and/or
7.2.15. participate in Treasure Trove to take actions related to money laundering or activities posing any risk for SETSUNAEPIC.COM being accused of using Treasure Trove for money laundering.
7.3. The Participant is obligated to provide SETSUNAEPIC.COM with justified requested information within 5 (five) calendar days as SETSUNAEPIC.COM may request in connection of compliance with these Terms and Conditions by the Participant.
8. INTELLECTUAL PROPERTY
8.1. All texts, graphics, interactive features, logos, images, files, software, and all other materials available by the Site, except for those placed, transmitted, made available by the Participant, are the intellectual property of SETSUNAEPIC.COM. The said property is protected by copyright, design rights, patent rights, trademark rights, and other legislation, including international conventions and ownership. All such rights are reserved by SETSUNAEPIC .COM. All trademarks, brands, and trade names are the property of SETSUNAEPIC.COM. Without the express permission of SETSUNAEPIC.COM, the Participant may not sell, distribute, copy, modify, reproduce, publicly display or transmit, publish, edit or adapt such elements, license them to other entities, build derivative works from, or use in any another manner.
8.2. SETSUNAEPIC.COM does not allow and does not agree to any violation of the law or third parties rights by the Participant, in particular intellectual property rights, copyrights, personal data protection rules, and principles of fair competition.
8.3. By posting their content on the Site by the Participant, which is the subject of proprietary copyrights, the Participant declares that he has created it him/herself and/or is entitled to full copyright or obtained from an entity who has these rights to place his content on the Site, in which the least to the extent that, under the law, the Participant grants SETSUNAEPIC.COM a non-exclusive, free of charge and unlimited territorially and temporarily license to (i) use of the Participant content to display them on the Site in such a way that everyone, at any time, can have access to them, via the Internet or other network for data transfer against payment or free of charge, according to the SETSUNAEPIC.COM’s free choice; and (ii) making modifications of Participant content in such a way as to enable their proper display on the Site, as well as to correct obvious errors or typographical, stylistic, spelling, and inter-punctual errors. The Participant bears full legal responsibility for Participant content posted by him on the Site.
9. LIABILITY
9.1. Unless the applicable law provides otherwise, and to the fullest extent permitted by law, SETSUNAEPIC.COM shall not be liable for:
9.1.1. any damage arising from viruses, trojans, etc., which can be transmitted by third parties, including the Participant (including Participant to Participant transmissions);
9.1.2. consequences of the account (SETSUNAEPIC ID) being accessed by third parties, especially if this was due to reasons attributable to the Participant, in particular, as a result of a Participant making their password available to a third party; and/or
9.1.3. all actions and their consequences resulting from the breach of these Terms and Conditions or giving false information by the Participant or by the submission of false or misleading verification data and warranties referred to in these Terms and Conditions.
9.2. SETSUNAEPIC.COM is not responsible for interruptions in the Site due to reasons beyond its control, in particular those constituting force majeure (fires, floods, natural or meteorological disasters, etc.).
9.3. Unless the applicable law provides otherwise, and to the fullest extent permitted by law, SETSUNAEPIC.COM shall not be liable to the Participant for any loss of actual or anticipated income or profits, for any special, indirect, or consequential loss or damage arising from the Participant’s participation in Treasure Trove.
9.4. Unless the applicable law provides otherwise, and to the fullest extent permitted by law, SETSUNAEPIC.COM’s aggregate liability under or in connection with Treasure Trove, whether in contract, tort (including negligence), or otherwise, for one or more events, cannot exceed USD 1,000.00.
9.5. Unless the applicable law provides otherwise, and to the fullest extent permitted by law, the Participant shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) SETSUNAEPIC.COM and its directors, officers, employees, agents, stockholders and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (i) any breach of any representation or warranty of the Participant contained in these Terms and Conditions, (ii) any breach or violation of any covenant or other obligation or duty of the Participant under these Terms and Conditions, under applicable law, (iii) any alleged breach or violation by the Participant of third party rights, including intellectual property rights in each case whether or not caused by the negligence of SETSUNAEPIC.COM or any other Indemnified Party and whether or not the relevant claim has merit.
9.6. The Participant shall inform SETSUNAEPIC.COM in writing of any claim, demand, or suit and shall fully cooperate in the defense thereof. The Participant will not agree to the settlement of any such claim, demand, or suit before the final judgment thereon without the consent of SETSUNAEPIC.COM whose consent may be withheld at SETSUNAEPIC.COM sole and entire discretion.
10. TERMINATION OF THE AGREEMENT AND OTHER ENTITLEMENTS
10.1. Both the Participant and SETSUNAEPIC.COM have the right to terminate the agreement governed by these Terms and Conditions at any time.
10.2. The Participant may terminate the agreement governed by these Terms and Conditions with SETSUNAEPIC.COM without any reason with immediate effect via:
10.2.1. removing the account in his/her administration panel (SETSUNAEPIC ID) or
10.2.2. sending to SETSUNAEPIC.COM a termination on the email support@setsunaepic.com with a request to remove his/her account.
10.3. Without prejudice to other provisions of these Terms and Conditions, SETSUNAEPIC.COM is entitled to terminate the agreement governed by these Terms and Conditions with 14 (fourteen) calendar days notice period in case of (i) changing the scope of economic activity carried out by SETSUNAEPIC.COM, (ii) canceling or substantially changing the terms and conditions of Treasure Trove Marketing Program, (iii) obtaining a court order or authority decision requiring to terminate the agreement governed by these Terms and Conditions with the given Participant, (iv) the Participant has not to get a commission under Treasure Trove program for the last 10 (ten) calendar days due to the Participant’s fault, (v) the Participant has not provided information related to participation in Treasure Trove as are required under these Terms and Conditions to SETSUNAEPIC.COM within 5 (five) calendar days of receipt of the request, (vi) the Participant has violated the law under participation in Treasure Trove, (vii) SETSUNAEPIC.COM decides to terminate entirely Treasure Trove.
10.4. If the Participant breaches any provisions of these Terms and Conditions (in particular the one set forth in the following sections: 3.2, 3.3, 3.5, 4.2, 4.3, 4.4, 4.5, 6.6, 7.1.1 - 7.2.15), or to avoid the harm of SETSUNAEPIC.COM, its affiliates or subsidiaries, User, Seller and Selling User or any third party, SETSUNAEPIC.COM is entitled to take some actions to protect itself, its affiliates or subsidiaries, User, Seller and Selling User or any third party. The actions as SETSUNAEPIC.COM may take include, but are not limited to, the following:
10.4.1. terminate the agreement concluded under these Terms and Conditions between the Participant and SETSUNAEPIC.COM – in this case, SETSUNAEPIC.COM shall remove the Participant account (SETSUNAEPIC ID);
10.4.2. limit or block the Participant’s account, Reflink, Site, software, systems (including any networks and servers used to provide any of SETSUNAEPIC.COM’s services) operated by SETSUNAEPIC.COM or on its behalf and/or refuse to provide its services to the Participant in the future;
10.4.3. withhold payment of a commission acquired by the Participant for a period up to 90 (ninety) days if reasonably needed to protect against the risk of liability and/or damages.
10.5. SETSUNAEPIC.COM shall immediately inform the Participant of the exercise of any of the entitlements set forth in sections 10.3 or 10.4.1 - 10.4.3 via email or pop-up presented on the Participant’s account (SETSUNAEPIC ID).
10.6. The Participant acknowledges and agrees that during these Terms and Conditions and after their termination or expiration for any reason whatsoever, the Participant shall continue to bear liability for all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses, and indemnification obligations pursuant to these Terms and Conditions. This liability is not subject to any limitation of liability that may be expressed elsewhere in these Terms and Conditions.
11. WITHDRAWAL FROM THE AGREEMENT
11.1. The Participant, who is a consumer, may withdraw from the agreement governed by these Terms and Conditions within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the day of acceptance of these Terms and Conditions. To exercise the right of withdrawal, the Participant, who is a consumer, must inform SETSUNAEPIC.COM of their decision by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the withdrawal right before the withdrawal period has expired.
11.2. If the Participant, who is a consumer, withdraw from this agreement, SETSUNAEPIC.COM shall reimburse to him/her all payments received from his/her, including the costs of delivery (except the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which SETSUNAEPIC.COM is informed about the decision to withdraw from the agreement. SETSUNAEPIC.COM will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless the Participant, who is a consumer, have expressly agreed otherwise; in any event, the Participant, who is a consumer, will not incur any fees as a result of such reimbursement.
11.3. To withdraw from the agreement, the Participant, who is a consumer, may send a statement of withdrawal, for example (i) via the contact form on the SETSUNAEPIC Marketplace platform, (ii) in writing to SETSUNAEPIC.COM’s address, or (iii) via e-mail mail at the following address: support@setsunaepic.com. In the statement of withdrawal from the agreement, the Participant, who is a consumer, should enter (i) name and surname, (iii) email address, and (iv) postal address, if available. SETSUNAEPIC.COM shall immediately confirm to the Participant, who is a consumer, the receipt of the withdrawal from the agreement in feedback to him/her on a durable medium, including via e-mail.
11.4. The Participant, who is a consumer, may use the below-described withdrawal form, but it is not obligatory.
FORM OF WITHDRAWAL FROM THE AGREEMENT
[full name of the Participant]
SETSUNAEPIC LTD, 3rd Floor Office, 207 Regent Street, London, England, W1B 3HH.
I hereby withdraw from the agreement concluded with SETSUNAEPIC.COM regarding the participation in Treasure Trove.
Name and surname: [__]
E-mail: [__]
Participant ‘s bank account number for reimbursement: [__]
Place and date: [__]
Signature: [__]
12. PROCESSING OF PERSONAL DATA
12.1. SETSUNAEPIC.COM processes personal data in the scope necessary to entering into and performing these Terms and Conditions. Specific rules including grounds, rights relating to personal data processing are included in the Privacy and Cookies Policy which constitute a separate document.
13. COMPLAINTS
13.1. If there are problems or irregularities in connection with using Treasure Trove and/or Site the Participant may submit a complaint by sending it via:
13.1.2. e-mail: support@setsunaepic.com
13.2 The complaint should include the Participant's name and surname, e-mail address (or other correspondence address), the subject of the complaint, and the reason for the complaint. The complaint will be considered immediately by SETSUNAEPIC.COM, however not later than within 30 (thirty) days of its receipt. The Participant will be informed about the method and result of the complaint consideration to the correspondence address or the e-mail address. The costs of using the said means of distance communication by the Participant are borne by the Participant and they are calculated according to the rates of the telecommunications operator whose services the Participant uses. SETSUNAEPIC.COM does not charge the Participant any additional costs in connection with the consideration of the complaint and distance communication.
14. MISCELLANEOUS
14.1. Should any provisions hereof prove to be invalid or ineffective, they shall not affect the validity of the remaining provisions. Invalid or ineffective provisions shall be replaced by such valid provisions which reflect the economic value, intention of the parties, and objective of the invalid or ineffective provisions to the highest extent.
14.2. Without prejudice to other parts of these Terms and Conditions, SETSUNAEPIC.COM reserves its right to make any amendments to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, due to important reasons, which include (i) a change in the scope of economic activity carried out by SETSUNAEPIC.COM, (ii) the need to adjust the provisions of these Terms and Conditions to the applicable law, including the case-law of common courts or new resolutions, decisions, recommendations or other acts issued by the authorities authorized to issue binding regulations, (iii) to ensure the proper functioning of the Site, (iv) introducing new products or services by SETSUNAEPIC.COM, (v) modifying the functionality of products, services or service delivery methods due to technological considerations, (vi) and to ensure the safety and security using the Site by the Participant, User, Seller and Selling User as well as (vii) to introduce new or changes to the existing rules of the service. In this case, SETSUNAEPIC.COM will inform the Participant of the amendments by sending him/her a copy of them to the e-mail together with a revised version of these Terms and Conditions, no later than 14 days before the planned changes. If the Participant does not accept the provided amendments to these Terms and Conditions, they are entitled to terminate the agreement through deleting his/her account on the Site.
14.3. These Terms and Conditions are governed by the laws of the United Kingdom unless the domestic law applicable to the Participant being a consumer provides otherwise. These Terms and Conditions are exclusively subject to the jurisdiction of courts in UK unless the domestic law applicable to the Participant being a consumer provides otherwise.