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Public Offer

Revisión 8

1. Definitions

Company — Market Link LLC, registration number 303671-3301-OOO, taxpayer number 01605202410603, Russian taxpayer number 9909692242, registered address: Kyrgyz Republic, Bishkek, Sverdlovsky district, 62 Kievskaya street. The operator of the Millida platform.

Platform — the Millida hardware and software complex hosted at millida.net, on the related domains and subdomains, including the administrative panels, the public shop storefronts, the market, the rating, the forum, game server hosting, the client applications and the server plugins.

User — any person who uses the Platform.

Shop Owner — a person who has registered an account on the Platform and created a shop to accept payments.

Buyer — a person who arranges payment for a digital good or service on the Platform, including without mandatory registration.

Good — digital content or a service sold through the Platform. A Good is intangible; its consumer value is realised in the game world or another digital space of the relevant seller.

Platform Commission — the Company's fee for arranging the acceptance of a payment, processing it, technically delivering the good and the accompanying services (anti-fraud, analytics, support, infrastructure).

Wallet — the User's internal accounting balance on the Platform, reflecting their claims against the Company.

2. Subject matter of the offer

2.1. This Public Offer sets out the general terms of the Company's paid services and the settlement procedure on the Platform. Special terms of individual services are set by the corresponding documents and prevail as regards their own subject matter.

2.2. The Company acts as a technology intermediary and an organiser of settlements. The Company is not the seller of the digital goods sold by Shop Owners and market sellers, and is not a party to the transaction between the seller and the buyer, except for the services provided by the Company directly (hosting, promotion, the Company's own services).

2.3. The rights and obligations arising from the transaction between the seller and the buyer, including conformity of the good with its description, its quality and its transfer, arise directly for the seller and the buyer.

How this document is accepted

This document is an offer within the meaning of applicable law and is addressed to an indefinite range of persons.

The document is deemed accepted the moment the User performs any of the following: — ticking the consent box in the platform interface; — completing account registration; — placing an order, a deal, a withdrawal request or a service request; — actually using the relevant service — for documents that do not provide for a separate consent box.

Where acceptance is a distinct action in the interface — a consent box, registration or placing an order — the Company records it in an electronic journal together with the date and time, the document version, the checksum of its text, the IP address and information about the User's software. Such a record is evidence that the contract was concluded and is recognised by the parties as the equivalent of a handwritten signature. An extract from the journal can be requested from support.

For documents accepted by actually using the service, the service usage records themselves serve as evidence of acceptance.

3. Agency relations and the settlement procedure

3.1. When accepting a payment for a good of a Shop Owner or of a market seller, the Company acts as the agent of that seller, in its own name but for the account of the seller. The Company's acceptance of funds from the Buyer is recognised as proper performance of the Buyer's payment obligation towards the seller.

3.2. The Company engages licensed payment providers to carry out settlements. The Company does not perform banking operations and is not a credit institution.

3.3. The agent's report is generated electronically in the seller's personal account and is deemed accepted if no objections are received within 5 (five) business days of its generation.

3.4. The Platform Commission is withheld from the payment amount at the moment it is received. The seller's balance is credited with the payment amount net of the Commission and of the withholdings provided for by the Platform documents.

3.5. The amount of the Commission is determined by the tariff in force for the seller's account at the time of the transaction. The rate in force is displayed in the wallet. The Company may change the tariffs under the procedure of the "Amendments to this document" section.

3.6. Funds on the User's balance are not a bank deposit, are not insured and do not accrue interest.

3.7. The procedure for topping up the wallet, withdrawing funds, withholdings and anti-money-laundering measures is set by the User Agreement for the wallet and payouts.

3.8. Topping up the wallet is a separate service of the Company, rendered in full at the moment the amount is credited to the User's balance. Topped-up funds may be spent only on paying for the Platform's services and are not subject to a reverse transfer to a bank card, an account or another payment instrument; exceptions are set by the Refunds and Cancellations Policy. The remaining balance does not expire and is not limited in time. Topping up is not mandatory: an order can be paid for directly, bypassing the balance.

4. Obligations of the Company

4.1. To ensure the availability of the Platform with permissible downtime for planned and emergency maintenance.

4.2. To account correctly for incoming payments and to charge the Commission under the rules in force.

4.3. To ensure the operation of the mechanisms for automatic delivery of digital goods and for retrying delivery in the event of technical failures.

4.4. To handle support requests under the procedure set by the General Terms of Use of Millida.

4.5. To protect personal data in accordance with the Privacy Policy.

5. Obligations of the seller

5.1. To be solely responsible for the content of the storefront, the description of the goods, the correctness of the delivery settings and the operability of their own infrastructure.

5.2. Not to use the Platform to sell goods that infringe the rights of third parties, that are prohibited by the licence terms of the game rightsholders (including Mojang Studios and Microsoft) or that breach the law.

5.3. Not to solicit payment for services unrelated to the seller's activity on the Platform, including for cashing out, sham transactions and other abuses.

5.4. To provide support to buyers and, in disputes, to cooperate with the Company's support by providing delivery logs and other necessary information.

5.5. To independently perform the obligations towards buyers set by the consumer protection law of the seller's country of residence, including providing accurate information about the good and about the seller.

6. Refunds, chargebacks and disputed transactions

6.1. The refund procedure is set by the document "Refunds and Chargebacks Policy".

6.2. A refund to the Buyer is initiated through the Company's support or through the interface provided for that. A self-service refund from the seller's panel is not provided for unless the interface states otherwise.

6.3. On a chargeback, the payment system debits the amount of the payment from the Company's account. The corresponding credited amount is debited from the seller's balance, where necessary creating a negative balance subject to repayment.

6.4. On a refund or a chargeback, the Platform sends commands to revoke the delivered good, where such commands have been configured by the seller. The absence of a configured revocation does not release the seller from refunding the funds.

6.5. Systematically exceeding the permissible chargeback level is a ground for suspending the acceptance of payments, increasing the funds-holding period and terminating service.

7. Archiving a shop and an account

7.1. The Owner may archive a shop in the "Settings" section with password confirmation. An archived shop disappears from the personal account, the storefront stops opening, and the plugin token is invalidated.

7.2. The address (slug) and the domain name of an archived shop remain attached to the Owner and cannot be taken up again. The history of orders, payouts and partner shares is retained for accounting and tax purposes.

7.3. The User may deactivate the account in the "Profile" section. A deactivated account is blocked with no possibility of restoration, and active shops are archived. The account is not physically deleted: its identifiers remain attached to the User.

7.4. Anonymisation of personal data is carried out through support after confirming access to the account and to the linked email address; financial records are retained in view of accounting requirements.

7.5. Millida is not affiliated with Mojang Studios or Microsoft Corporation. Minecraft is a trademark of Mojang Studios. The other trademarks mentioned belong to their rightsholders.

Age and legal capacity

The services may be used by persons having the legal capacity required to enter into the relevant transactions.

A person below the age of full legal capacity may use the services and make payments only with the consent and under the supervision of a parent or another legal representative. By making a payment, the User confirms that such consent exists or that they are entitled to dispose of the funds on their own.

The Company does not verify Users' age and is not liable for payments made by minors without the knowledge of their legal representatives. Upon a well-founded request from a legal representative, the Company considers a refund under the procedure set by the Refunds Policy.

The Company may refuse service and block an account where there are well-founded doubts about the User's legal capacity or about the existence of a legal representative's consent.

Limitation of liability

The services are provided on an "as is" and "as available" basis. The Company does not warrant that the services will meet the User's subjective expectations, will work without interruption and errors, or that defects will be fixed within any particular period.

The Company is not liable for: — lost profit, lost revenue, players, donations, reputation and data, nor for any indirect losses; — acts and omissions of third parties: payment systems, banks, data centres, telecom operators, rightsholders of game content, shops and sellers of the platform; — unavailability of the services caused by network attacks, outages, acts of authorised bodies and other circumstances beyond the Company's reasonable control; — the consequences of the User using a weak password, sharing access with third parties, or their device being infected with malware.

The Company's aggregate liability on all claims arising from the use of the services, for any period of 12 (twelve) months, is limited to the fee actually received by the Company from the User for that period, and where there is no such fee — to 5,000 (five thousand) rubles.

The limitations of this section apply to the fullest extent permitted by applicable law and do not cover the Company's wilful misconduct.

Indemnifying the Company

The User undertakes to indemnify the Company and its employees for documented losses, including fines, compensation, court costs and legal fees, arising from: — the User's breach of this document, of other platform documents or of the law; — claims, demands and lawsuits of third parties caused by the User's actions, by the content the User posted, by the goods and services the User sells or by the operation of the User's game server; — the User's infringement of intellectual property rights, including distributing add-ons and modpacks without the rightsholder's permission; — sanctions of payment systems, banks and providers incurred because of the User's transactions, including an elevated chargeback rate and signs of prohibited activity.

The Company notifies the User of a received demand and may conduct the defence on its own, as well as withhold the amount demanded from the User's funds on the platform until the matter is resolved.

Sanctions and anti-money-laundering restrictions

The User confirms that neither they nor the persons on whose behalf they act are included in sanctions or other restrictive lists applicable to the activities of the Company, its banks and payment providers, and are not controlled by such persons.

The Company may refuse to provide services, suspend transactions and freeze funds where it detects signs of a breach of sanctions restrictions or of requirements on combating the legalisation of criminally obtained income and the financing of terrorism, as well as upon a corresponding demand from a bank, a payment system or an authorised body.

Using the services to transfer funds unrelated to the real turnover of the platform's goods and services is prohibited.

Taxes and the independent status of the parties

The Company is not the User's tax agent unless the law expressly provides otherwise.

The User independently determines their tax status, independently calculates and pays taxes, levies and other mandatory payments on income received from using the services, and independently files the required reports in their country of tax residence.

All amounts stated in the platform documents are given without the User's taxes. If the law obliges the Company to withhold any amount on payout, the payout is made net of that amount.

The parties are not in an employment relationship; this document does not create a joint venture, a partnership or an agency relationship, except as expressly provided.

Amendments to this document

The Company may amend this document unilaterally. Amendments do not raise the price or shorten the term of a service the User has already paid for: the paid period is rendered at the price and for the term in force at the time of payment.

A new version is published on the website and takes effect 14 (fourteen) calendar days after publication, unless the version itself specifies a later date. Changes driven by legal requirements, decisions of authorised bodies or payment systems, or by the need to remove a security threat take effect immediately upon publication.

Registered Users are notified of material changes in their personal account and (or) at the email address stated in the account. Posting a notice in the platform interface also counts as notification.

A User who disagrees with the new version may, before it takes effect, stop using the relevant service. Any amounts already paid are refunded only in the cases and in the manner set out in the Refund and Chargeback Policy. Continuing to use the service after the new version takes effect means agreeing to it.

All previous versions are retained and available on request from support; rights and obligations that arose earlier are governed by the version in force when they arose.

Final provisions

Governing law. This document and the relations of the parties are governed by the substantive law of the Kyrgyz Republic, without regard to its conflict-of-law rules.

Pre-court claim procedure. Before going to court, a party must send a written claim through support. A claim is reviewed within 10 (ten) business days of receipt. The pre-court claim procedure is mandatory, except for disputes with a consumer User: for them a claim is recommended but is not a precondition for going to court.

Jurisdiction. Failing agreement, the dispute is to be heard by the court at the Company's location. A consumer User may also bring a claim before the court whose jurisdiction is established by consumer protection law, including the court at the User's place of residence.

Evidence. The parties may rely on records of the Company's information systems — operation logs, the ledger of funds movement, message and order history, the document acceptance journal — as evidence. The Company ensures the integrity of these records by recording their time, version and checksum. The User may submit any evidence, including screenshots. Evidence is assessed under the rules of the applicable procedural law.

Language of the contract. The contract is concluded in Russian. Where translations into other languages exist, the Russian text prevails.

Severability. If a particular provision is held invalid or unenforceable, the remaining provisions stay valid; the invalid provision is to be replaced by a valid one closest to it in meaning.

No waiver. The Company's failure to exercise a right does not mean waiving it and does not prevent exercising it later.

Assignment. The Company may transfer its rights and obligations under the contract to an affiliate or a successor upon reorganisation, having notified the User. The User may not transfer its rights under the contract to third parties without the Company's written consent.

Legally significant messages. The parties recognise the legal force of messages sent to the email address stated in the account, through the personal account and through official support channels. The User must keep contact details up to date; the risk of not receiving a message sent to outdated details lies with the User.

Entire agreement. This document, together with the other platform documents, constitutes the entire agreement of the parties on the subject matter and supersedes all prior arrangements.

Survival. The provisions on liability, indemnity, confidentiality, intellectual property, dispute resolution and financial obligations survive termination of the contract.

Company details: Market Link LLC, registration number 303671-3301-OOO, taxpayer number 01605202410603, Russian taxpayer number 9909692242, registered address: Kyrgyz Republic, Bishkek, Sverdlovsky district, 62 Kievskaya street. Support: t.me/MillidaTeamBot.

Suma de verificación del texto: 091c6ea9792aedbac9e0045a5de48b42a28bdd3237d89d11a5d7f50c2aeb40c4
Public Offer · Millida