Terms and Conditions
kindly read our terms and conditions
Welcome to EtherGears!
These are the Terms and Conditions (“Terms”) applicable to all services and products offered on EtherGears. Please read them carefully, as well as our How To Buy Page before proceeding, as they set out the contractual basis for any transactions occurring on EtherGears.
This website is owned and operated by CYPTOWARE SWEDEN, a limited company incorporated under the laws of Sweden and registration no. 556954-4165.
This company, together with any subsidiaries, parent companies, and subsidiaries of parent companies, shall be hereinafter referred to as the “Company”.
- The Service.
EtherGears is an electronic commerce platform specialized in the resale of ASIC miner, Graphic Cards, and Desktop Computers(“Product” or “Products”), in different currencies, that can be redeemed by the Customer with a third-party, in exchange for services and products offered by such third-party.
The Product can be purchased by the Customer using different types of cryptocurrencies.
Once a category is selected, the names and logos of the third-parties with Products available on EtherGears within such categories are displayed.
Once a third-party is selected, and depending on the specific Product offered by it, the Customer can select and purchase either (i) a Product representing a predetermined amount that cannot be changed by the Customer or (ii) a Product representing an amount to be freely defined by the Customer, in both cases up to the limits established below in “Limitations of Use”.
Depending on the Product, the Customer may redeem the Product immediately with the relevant third-party through EtherGears, in which case a written notification of redemption will be provided, or receive it onscreen and/or by email, to be redeemed independently at a later stage.
- Availability of Third-Party Services.
The proper functioning of EtherGears depends on its interaction with several party providers.
Transactions may, from time to time, fail due to technical or other reasons. Customers, therefore, acknowledge that we may not be liable for a technical issue that may affect its transaction. Whenever a transaction fails due to technical reasons, a Customer may qualify for a refund. Please see the “How To Buy” section to know more.
- Disclaimers related to the Product.
We are a reseller of the Product. We are not the creator, designer, issuer, organizer, beneficiary, or manager of the Product (the “Issuer”), nor have we played any role in deciding the terms and conditions applicable to each Product. Therefore, we are not liable for any issue, damage, or loss arising from the terms and conditions of each individual Product.
We are not sponsored by any Issuer, nor are we related, acting on behalf or under the express authorization of any Issuer.
The Customer, by acquiring the Product, is also getting into a contractual relationship with the Issuer, to which we are a third-party, against which the contractual defenses and rights arising from the relationship between Customer and Issuer shall not apply.
The Customer shall engage inadequate due diligence regarding the terms and conditions of the Product being acquired, in what respects its usability and enforcement against the Issuer. We will not accept or be liable for any claims in relation thereto. Those terms and conditions govern the Product acquired.
Customers acknowledge and agree that we are not liable for any decision or policy of the Issuer to refuse to accept the Product on the grounds of the terms and conditions that the Issuer applies in relation to the Product.
We make no representation regarding the Product’s suitability for its intended use and make no other guarantees, warranties, or representations in respect of the Product.
- Responsibility of the Customer.
The Customer is fully liable for any mistakes, losses, or damages (against himself, us, or any third-party) arising from (i) the provision of incorrect, inaccurate, or fake information and from (ii) the acquisition, resale, use, or other related activities of the Product, in a manner that infringes any applicable laws, regulations, contractual terms, and conditions or other agreements.
For the avoidance of doubt, when the Product being purchased is a refill of a prepaid SIM card (or any other Product that is redeemed by the Customer through EtherGears), the Customer is solely responsible for the accuracy and correctness of the information inserted on the platform (including, but not limited to, the phone number, the country, the network operator and the amount of the top-up) and we shall not be liable, in any case, for any consequences arising from the inaccuracy of the elements provided by the Customer.
Likewise, in other cases, the Customer is solely responsible for the accuracy and correctness of the information inserted on the platform (including, but not limited to, the address to which the Product must be delivered and the amount purchased).
The Customer is responsible for maintaining the confidentiality of its password and account and for any activities and transactions that occur under its account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
- Unlawful use.
EtherGears and the Products shall not be used, in any way, to infringe or circumvent the applicable laws and regulations and any unlawful behavior is absolutely forbidden on EtherGears.
Should we become aware, or reasonably suspect, that a Customer is conducting unlawful activities, or otherwise breaking applicable laws and regulations, or third-party rights, such Customer activities, including but not limited to its purchase history and other data pertaining to its account, will be reported to the relevant authorities, and its access may be restricted until further notice.
Any such Customer hereby acknowledges and consents to such disclosures.
- Limitation of Liability.
Some jurisdictions limit the ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
Our team. No members of our team (including employees, contractors, directors, management members, and other collaborators) shall have any liability based upon the customer’s use of, or reliance upon, EtherGears or the Products purchased.
Customer decisions. For the avoidance of doubt, we are not responsible for any decision you make, or action you take, based on your visit to EtherGears or the information obtained therein.
Accuracy of information. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on EtherGears.
Security. We work hard to keep EtherGears secure. We accept no responsibility whatsoever for viruses, malware, or other malicious or damaging software on Customer’s devices. Please ensure that your own computer security is comprehensive and up to date.
- Personal Data Protection and Privacy.
We take the privacy and protection of the personal data of our Customers very seriously.
- Amendments to the Terms.
We reserve the right to amend these Terms at any point, without any obligation of prior and/or public notice. As such, Customers shall refer to the present hyperlink before each navigation of EtherGears.
- Intellectual Property.
We reserve all rights with respect to the design and content of EtherGears. In particular, Customer must not misappropriate the design or content of EtherGears and must not alter or deface such design or content in any way. Nothing on EtherGears grants any license with respect to such design or content and any use by the Customer or a third-party must be authorized in writing by us.
All text, photos, graphics, logos, content, and other materials on EtherGears (including, but not limited to, the words “EtherGears”, the “EtherGears” logo, and other related and ancillary elements) are protected by copyright, trademark, and other applicable laws in the several jurisdictions where we act. In particular, all trademarks, trade names, and logos displayed on EtherGears are our property.
EtherGears grants no license to use any such text, photos, graphics, logos, content, and other materials.
We and our affiliates will pursue all available legal remedies against any infringement of our intellectual property rights.
Excepted from the foregoing are the logos and trademarks used to signal the third-party providers to which each Product refer to. Such logos and trademarks are used to make reference to the Product and the Issuer, and in no way are we claiming, or representing, any sort of ownership, license, authorization, partnership, or agreement with the owners or holders of the rights of such logos or trademarks, the Products or the Issuers. Such logos and trademarks belong to their lawful owners and are used in EtherGears with the sole purpose of identifying the origin or intended use of the Product on sale.
- Customer service.
We welcome our customer’s questions and suggestions.
On EtherGears, there is a chat function that allows customers to connect with a customer service representative that will reply to any queries in the shortest time possible.
We do our best to reply within the first 24 hours, but we may take longer, depending on the issue and the number of requests we are getting from time to time.
If it is illegal or prohibited in the Customer’s country of origin to access or use EtherGears or to buy or use any of the Products, then the Customer shall not do so and in doing so is breaching these Terms.
Those who choose to access EtherGears access it on their own initiative and are responsible for compliance with all local laws and regulations.
These Terms, the transactions between Customers and us made through EtherGears, and any disputes relating to these Terms or the Customer’s use of EtherGears shall be governed in all respects by the laws of Sweden and shall be resolved exclusively in the courts of Sweden.
These Terms, together with the How To Buy, set forth the entire agreement between the Customer and us with respect to the subject matter hereof and supersedes all prior agreements relating to such subject matter.
All our team members, including officers, employees and contractors, and related entities, are intended third-party beneficiaries of these Terms. Theirs and our rights under these Terms may be waived by them or by us only in writing.
In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.