iokio.az - Digital Gift Card Platform Terms and Conditions

Thank you for using the “iokio.az - digital gift card” electronic platform. We sincerely appreciate your trust in us.

These terms and conditions (hereinafter referred to as the “Rules”) set out the rules for using the “iokio.az - digital gift card” electronic platform, which is provided by “Kibrit.Tech” Limited Liability Company (hereinafter referred to as the “Company”) through technical solutions for the purpose of interaction, data exchange and use of gift cards between the Merchant (seller) and the Customers (buyer).

By making a payment in the specified amount through a payment operator licensed by the Central Bank of the Republic of Azerbaijan, without any additional commission or service fee being charged, for the purpose of purchasing products of the Merchant you have selected on the “iokio.az” website, you accept and confirm these Rules and the use of the “iokio.az - digital gift card” electronic platform.

These Rules regulate exclusively the relationship between the Company and the Customer, and, except for defects arising in connection with the technical solutions for the use of gift cards, the Company shall not be liable for any disputes arising between the Merchant and the Customer, nor for matters relating to the process of using gift cards (purchase of products, returns, etc.) and its consequences (defective products, replacement of products, etc.).

For the purposes of these Rules, “Merchant” means a business entity that has the right to dispose of the product (goods, works and services), has concluded a cooperation agreement with the Company on technical and other matters with the intention of selling, and provides (sells) its products to the Customer on the basis of paid gift cards.

For the purposes of these Rules, “Services” means the totality of actions provided by the Company to the Merchant under the relevant agreement, starting with the creation of the gift card through technical solutions, continuing with the purchase of the gift card by the Customer and its transfer to the Merchant, and ending with the use of the gift card to purchase products from the Merchant.

For the purposes of these Rules, “gift cards” means the digital mechanism, the terms of which are reflected in the relevant section of the “iokio.az” electronic platform, obtained through the Customer's electronic request and payment to the Merchant, and used by the Customer or third parties. Gift cards are not money, securities or a payment instrument (means) in any form, and the funds paid for them are transferred to the Merchant's account for the purchase of the product, taking into account the terms of the agreement between the Company and the Merchant.

You (hereinafter referred to as the “Customer”), by using the “iokio.az - digital gift card” electronic platform, understand, accept and unconditionally agree to the following:

1. The sale of products by the Merchant through gift cards is carried out at the sales price applicable at the moment the gift card is used, with the value prepaid and confirmed by the gift card, by the Merchant delivering the product directly to the Customer or to a third party to whom the Customer has transferred the gift card details, in exchange for presentation of the gift card. The Company strives to ensure and ensures the prompt implementation of the use of gift cards through technical solutions for the Merchant and the Customer.
2. The Customer and the Merchant shall be mutually liable in accordance with the legislation in each case for the consequences of the actions and events performed (or not performed) by them mutually. The Company shall not be liable for the conclusion of the relevant agreement (oral or written) between the Merchant and the Customer (third party) regarding the product (goods, works, services), for its terms, for the refusal to conclude it on the initiative or fault of one of the parties, or for the resolution of disputes arising from consumer rights.
3. The Merchant shall be liable for ensuring consumer rights in relation to the sale of products between the Customer and the Merchant through the use of gift cards, as well as other matters and disputes unrelated to such sale. A fiscal receipt is not provided by the Merchant at the time of use of the gift card to persons who obtain a gift card by means of a gift code.
4. The validity period of the gift card is determined by the relevant Merchant and is reflected in the relevant section allocated for the gift card on the “iokio.az - digital gift card” electronic platform, as well as in electronic form on the gift card itself.
5. The Company shall notify the Customer accordingly no later than 7 (seven) days before the expiration of the validity period of the gift card.
6. If the Customer does not use the gift card within its validity period, the gift card shall be deemed invalid.
7. The Customer may apply for cancellation of the gift card and a refund of the payment within 14 (fourteen) days from the date of payment, provided that the gift card has not been used. The Company is responsible for the cancellation of the gift card, and the Merchant is responsible for the refund of the payment. The refund shall be made no later than within 7 (seven) business days.
8. The Customer is responsible for the information provided by the Customer to the Company. The Company shall not be liable for the provision of incorrect, inaccurate or unlawful information, nor for the image uploaded by the Customer for the gift card.
9. By confirming the Rules, the Customer agrees that the Company may send to the Customer or to other persons whose information the Customer has provided, news, special offers and information about updates, as well as transfer information relating to the Customer to the Merchant.
10. The Company has exclusive and full ownership rights over all Services and their results, including but not limited to software, images, texts, graphics, visual materials, logos, trademarks, copyrights, photographs, videos and music not belonging to the Merchant. Unless otherwise stated herein, it is not permitted to do or allow another person to do any of the following: (a) reproduce/display any of the Company's Service(s) or products, or create derivative products or services from them; (b) sell, lease, sublease, distribute, or otherwise use any of the Company's Service(s) or products for commercial purposes; or (c) cause technological or security damage to any of the Company's Service(s) or products. Nothing in these Rules may be construed as granting the Customer a license or right to use any trademark reflected in the Company.
11. The Company and the Customer acknowledge and agree that the parties shall not be liable for failure to perform their obligations under the Rules as a result of force majeure events. Force majeure includes large-scale natural disasters, war, armed conflicts, decisions of state authorities and other persons preventing the parties from fulfilling their obligations, etc. If a force majeure event lasts for more than 2 (two) days, the party affected by the force majeure event shall notify the other party.
12. The Rules shall be interpreted and governed in accordance with the laws of the Republic of Azerbaijan. Disputes arising between the Company and the Customer shall first be resolved through negotiations by providing written notice via the contact details specified on the Company's website, or by telephone. If the dispute cannot be resolved through negotiations, it may be resolved by other means in accordance with the legislation of the Republic of Azerbaijan.
13. The Customer consents to the use of the personal data provided by the Customer to the Company as a user database. This condition is valid for 5 (five) years with the Customer's consent. After this period, the personal data shall be destroyed or archived in accordance with the legislation. The Customer may withdraw the consent given, in whole or in part, at any time without any restrictions.
14. The Customer acknowledges that these Rules reflect the Customer's rights and obligations. The Customer acknowledges that if the Customer does not agree with these Rules, the Customer will not use the opportunities provided by the “iokio.az - digital gift card” electronic platform. The Company may change and update these Rules from time to time, and the most recent version of the Rules is always posted on the website; however, the text in effect on the date of payment for the gift card shall have legal force for the Customer.