Terms & conditions

Welcome and Introduction

Welcome to the “MEMO” platform (https://memories.ge/). Please read the Terms and Conditions carefully. By accessing and using the platform, you automatically agree to these Terms and Conditions. This document constitutes an agreement between you and “MEMO,” which defines your rights and obligations when using MEMO’s services.

Terms and Conditions (the “Agreement”)

These Terms and Conditions establish a contractual relationship between you and Georgia Starts Here LLC (hereinafter: the “Company”). Throughout this document, Georgia Starts Here LLC, including all its terms and policies related to personal data protection and any other agreement delivered through the MEMO platform, will be referred to as “MEMO.”

1. Definitions

• 1. “MEMO” – The platform owned by Georgia Starts Here LLC (Identification Number: 402037014).
• 2. “Company” – Georgia Starts Here LLC, Identification Number: 402037014, Legal Address: Georgia, Tbilisi, Vake District, Ana Politkovskaya St., Building No. 3, Block 18, Apt. 19.
• 3. “User” – Any [18+ capable] individual or legal entity, or organizational unit that uses or intends to use the website in accordance with the Company’s Terms and Conditions, or benefits from its services.
• 4. “User Consent” – The user’s expressed consent to the processing of personal data after reading this document.
• 5. “Service” – The functionalities provided by the MEMO platform, allowing users to browse and purchase products, manage orders, make payments, receive customer support, and organize delivery.
• 6. “Product” – Items and services available for purchase or sale on the platform, including physical and digital products.
• 7. “Order” – A request submitted by the user to purchase a specific product via the platform.
• 8. “Delivery” – The process of transferring the product to the user, either through MEMO’s internal logistics or third-party courier service.
• 9. “Payment” – The transfer of funds using available payment methods on the platform.
• 10. “Fees and Commission” – The platform reserves the right to deduct a commission from each transaction.
• 11. “Unique Name” – The unique username selected by the user.
• 12. Singular terms include plural and vice versa.
• 13. “Party/Parties” – Refers to both the User and the Company.
• 14. “Personal Data” – Any information related to an identified or identifiable individual, as defined in Article 3(a) of the Georgian Law on Personal Data Protection.
• 15. “Data Processing” – Any operation performed on data, including collection, access, organization, storage, modification, retrieval, use, blocking, deletion, or destruction, as defined in Article 3(e) of the Law.
• 16. “Written Consent of the Data Subject” – Written consent (including electronic) for the processing of specific data, as defined by Article 3(n).
• 17. “Data Controller” – The person who determines the purpose and means of data processing (Article 3(o)).
• 18. “Authorized Processor” – A physical or legal person processing data on behalf of or under instruction of the data controller (Article 3(j)).
• 19. “Data Subject” – Any individual or legal entity using the website or services, in accordance with company policies.
• 20. “Data Processing” – (Repeated) Refers to any use of personal data.
• 21. “Data Transfer” – Sharing personal data with third parties in any form, including subcontracting.
• 22. “Direct Marketing” – Direct communication via phone, mail, or electronic means to promote goods, services, jobs, or ideas to persons aged 18 or older.
• 23. “Registration” – Creation of a personal account on the MEMO platform.
• 24. “Account” – The personal user page where orders are managed and services accessed.

3. User Accounts and Access

3.1. Account Creation

To fully use the platform, users must register. During registration, the user must provide the following information:
– Full name
– Unique username
– Email address
– Password (minimum 8 characters, must include uppercase and lowercase letters, numbers, and special characters)
– Option to receive promotional SMS and email notifications from MEMO

The user is obliged to ensure that the information provided in clause 2.1.1 is correct, complete, and up to date. Providing false information is a violation of these terms and may result in immediate cancellation of the user’s account. MEMO reserves the right to block or delete the user account if the information is found to be false, incomplete, or violates the agreement. In such cases, the user will be notified via email and given the opportunity to correct or explain the situation.

Users can register on the website either before or during the purchasing process. Registration/login is available through: (1) social networks; (2) Google; (3) email.

By registering on the MEMO platform, the user confirms:
1. They are a capable adult aged 18 or older;
2. They will not use another person’s identification information to register on MEMO;
3. They will not use a name that is offensive or disrespectful to others;
4. They will not use the website to spread false information;
5. They will not impersonate another company, employee, or person;
6. They will not violate others’ rights through illegal or harmful actions;
7. They will not use tools or software intended to obtain information from the website or interfere with its normal operation;
and will respect intellectual property rights and not use MEMO’s content (logos, icons, images, patents, trademarks, designs) without prior written consent;
8. They will not use another user’s account;
9. They will not attempt to access another user’s login information;
10. They will not perform actions that threaten MEMO’s functionality;
11. They will not conduct actions prohibited by Georgian law, this agreement, or MEMO’s privacy policy.

3.2. Account Security and Confidentiality

Users are responsible for the security of their account, including safeguarding their password. Sharing passwords with third parties is not recommended. Strong passwords and regular changes are encouraged.

Any action taken using the user’s password will be considered as performed by the user. If unauthorized use is suspected, the user must immediately notify MEMO’s administration.

3.3. Placing Orders and Purchasing Products

3.3.1. After creating an account on the MEMO platform, the user can select products and save them in the cart section.

3.3.2. When purchasing a product, the user must provide an accurate delivery address.

3.3.3. For payment, the user will be automatically redirected to a designated payment page.

3.3.4. Before payment, the user must verify the accuracy of the address and contact information to ensure proper delivery.

3.3.5. If incorrect or incomplete information is provided, the user bears full responsibility for delays or failed delivery.

3.3.6. The user can view detailed information about paid orders in their personal account. After payment, an invoice will be sent to the user’s provided email address.

3.3.7. MEMO reserves the right to reject or cancel any order if there is suspicion of fraud, unauthorized or illegal transactions.

3.4. Product Return Policy

3.4.1. The user has the right to cancel and return purchased goods without any reason within 5 calendar days of receipt. After this period, the right to return the product is forfeited.

3.4.2. Before returning a product, the user must notify MEMO’s administration.

3.4.2.1. Notification can be made via email.
3.4.2.2. Or by phone call.

3.4.3. When returning a product, the user must provide:
– All accompanying documentation and components received at purchase;
– Undamaged original packaging;
– All accessories and additional items.

3.4.4. Upon receiving the documents mentioned in 3.4.3, MEMO’s administration will contact the user within 24 hours to confirm the return process or inform whether the product is eligible for return.

3.4.5. If the product qualifies for return, the refund will be processed within 5 business days of product return.

3.4.6. The refund will be issued using the same method as the original payment unless the user agrees to an alternative method.

3.4.7. Products are non-returnable if:
– The product is perishable;
– The packaging is damaged after delivery;
– The user fails to provide complete documentation as listed in section 3.4.3.

3.4.8. If delivery was not completed due to the user’s fault (e.g., incorrect address, unreachable phone number, refusal to accept), MEMO will attempt to contact the user again. If still unsuccessful, MEMO reserves the right to cancel the order after 10 days and refund the amount within 5 business days of cancellation.

3.5. Account Deletion and Termination

3.5.1. The user has the right to delete their account at any time by sending a written request to info@memories.ge. Upon account deletion, MEMO reserves the right to retain certain information for the legally prescribed period for tax and legal purposes.

3.5.2. A deleted account can be restored only within 30 days of deletion by contacting MEMO’s administration.

3.6. Product Delivery

3.6.1. Users can receive their purchased products from MEMO on both business and non-business days, according to the following terms:

3.6.2. Delivery timeframes:
The delivery time and price are determined by the type of delivery and location, which are set by the partner supplier company.

3.6.4. User responsibilities during delivery: Users must accurately provide the delivery address, phone number, and other contact information to ensure smooth delivery.

3.6.5. In case of incorrect or incomplete information, the user bears full responsibility for any delay.

3.6.6. Upon receiving the product, the user must inspect it. If damaged packaging or a damaged product is detected, they must immediately contact MEMO’s administration.

3.6.7. In the event that delivery cannot be completed due to the user’s fault (e.g., incorrect address, unreachable phone, refusal), MEMO will try to recontact the user to clarify delivery details. If unsuccessful, MEMO reserves the right to cancel the order after 10 days and refund the paid amount within 5 business days of cancellation.

4. Payment and Refund Policy

4.1. Payment Methods

4.1.1. MEMO offers the following payment methods to users:
a) Direct payment via the platform using credit/debit cards (Visa, MasterCard, American Express);
b) Payment via PayPal;
c) Bank transfer based on an invoice;
d) Direct deposit to the company’s bank account.

4.1.2. The payment process is secured by safety standards and is conducted only through services that comply with PCI DSS (Payment Card Industry Data Security Standard).

4.2. Payment Security

4.2.1. MEMO uses SSL encryption protocol to ensure the security of users’ payment information. Users’ financial information (e.g., credit card numbers) is not stored on our servers. All transactions are processed by secure payment processors.

4.3. Payment Confirmation

4.3.1. Upon successful payment, a confirmation message will appear on the screen.

4.3.2. After payment is completed, the user will receive an order confirmation email sent to the provided email address.

5. Restrictions

5.1. The user must use the platform lawfully and in good faith. Any action that violates the platform’s rules or jeopardizes its security or reputation is prohibited, including but not limited to:

5.1.1. Security breach – hacking the platform, bypassing security mechanisms, or attempting unauthorized access.

5.1.2. Dissemination of false information – posting incorrect, falsified, or misleading content.

5.1.3. Use of malicious software – spreading viruses, malware, spam, or any harmful software that may damage the platform or its users.

5.1.4. Misuse of confidential information – obtaining, storing, distributing, or misusing other users’ personal or confidential data.

5.1.5. Violation of intellectual property rights – unlawful copying, distribution, modification, or commercial use of platform content without authorization.

5.1.6. Unauthorized commercial activity – using the platform for commercial purposes without prior agreement with MEMO, including advertising or promoting unauthorized products/services.

5.1.7. Political and religious propaganda – using the platform for political or religious purposes, including campaigning and disinformation.

5.1.8. Damaging MEMO’s reputation – any action that violates platform rules, undermines trust, or harms MEMO’s public image.

5.2. Violations of the rules outlined in 5.1 may result in:
5.2.1. Immediate suspension or deletion of the user’s account;
5.2.2. Legal actions by MEMO, including claims for damages;
5.2.3. Notification of relevant law enforcement authorities if the violation includes unlawful actions;
5.2.4. MEMO reserves the right to take appropriate measures, including account suspension or removal, based on user conduct.

6. MEMO Privacy Policy

6.1. Both parties are obligated to ensure compliance with the platform’s terms and conditions by each user. Each party respects the confidentiality of user data and processes personal information in accordance with applicable laws.

6.2. MEMO is obliged to take technical and legally prescribed measures to ensure the proper protection of user information. This includes protection against accidental, unlawful, or unauthorized destruction, loss, alteration, disclosure, or distribution.

6.3. The parties agree to:
6.3.1. Protect each other’s confidential information with the same level of care as they would protect their own;
6.3.2. Not disclose or share confidential information with third parties, except for employees or representatives authorized to maintain confidentiality;
6.3.3. Use confidential information solely for fulfilling contractual obligations and exercising rights under this agreement.

6.4. Information will not be considered confidential if:
6.4.1. It was already in the recipient’s possession prior to disclosure;
6.4.2. It became publicly available through no fault of the parties;
6.4.3. It was lawfully obtained from another source.

6.5. In cases where a party is legally required to disclose confidential information, the disclosing party must, when possible, notify the other party in advance—unless such notification is prohibited by law.

7. Expiration or Termination of the Agreement

7.1. In the event of expiration or termination of this agreement:
7.1.1. All rights and obligations that are to end with the termination shall immediately cease;
7.1.2. Upon request, each party must immediately return or destroy the other party’s confidential information.

8. User Responsibility

8.1. The MEMO platform may contain links or integrations with third-party websites or services. MEMO is not responsible for:

8.1.1. The content, accuracy, or reliability of third-party websites or services;

8.1.2. The privacy policies or data processing practices of third parties;

8.1.3. Any damage or loss resulting from the use of third-party websites or services;

8.1.4. Users access and use such third-party services at their own risk and responsibility.

9. Intellectual Property

9.1. MEMO respects intellectual property rights. MEMO reserves the right to use technological measures (e.g., watermarks, monitoring systems) to prevent and detect copyright infringement.

9.2. All materials on the website, including services, are subject to the company’s copyright. It is prohibited to process, publish (except for sharing from the company’s official social media pages via the ‘share’ button, with full respect for copyright), download personally or through third parties for commercial or non-commercial use, or distribute these materials without prior written permission. If a user violates this policy, the company has the right to claim full compensation for damages caused by such actions.

10. Software License

Any software available on or through the MEMO platform is provided under a license that limits its usage. Users are prohibited from copying, modifying, distributing, selling, or renting the software.

11. Trademarks

The name, logo, and other trademarks of MEMO are the property of Georgia Starts Here LLC (Identification Number: 402037014). Users are prohibited from using these trademarks without prior written consent from the company.

12. Liabilities

12.1. MEMO is not responsible for actions performed outside the platform. Each user is responsible for evaluating and accepting the risks of any actions taken outside the MEMO platform that are unrelated to MEMO’s services.

12.2. MEMO is not liable for any damages suffered by the user resulting from:
– Use or inability to use the platform or the services offered by the company;
– Unauthorized access to or alteration of user data;
– Statements or actions of third parties on the platform;
– Any other issues related to the use of the platform or the services provided by the company.

13. Force Majeure

Neither party shall be held liable for failure to perform or delayed performance of obligations if such failure or delay is due to force majeure circumstances, including but not limited to: natural disasters, war, terrorist acts, government restrictions, internet or communication outages, or other events beyond the reasonable control of the parties.

14. Platform Availability

14.1. MEMO aims to provide uninterrupted platform functionality. However, periodic technical updates may result in temporary service interruptions. MEMO is not responsible for financial or other losses caused by such temporary inaccessibility.

14.2. MEMO reserves the right, at any time and without prior notice, to:
14.2.1. Modify, update, or discontinue any part of the platform or its entire functionality;
14.2.2. Restrict or terminate access to specific parts or the entire platform;
14.2.3. Remove any content from the platform without providing reasons.

14.3. In case of any issues or questions, users can contact the support team via email at info@memories.ge. Our support team is ready to assist during business hours.

14.4. The support team will make reasonable efforts to respond to all inquiries in a timely manner; however, no specific response time is guaranteed. Complex technical issues may require additional time to resolve.

15. Personal Data

15.1. Data Controller: Georgia Starts Here LLC (Identification Number: 402037014)

15.2. Authorized Data Processor: Georgia Starts Here LLC (Identification Number: 402037014)

15.3. Data Subject: Any natural or legal person, or organizational entity, that uses or will use the website and/or services of the company.

15.4. General Provisions:
15.5. The use of the website and the protection of personal data by Georgia Starts Here LLC is governed by the Personal Data Protection Policy in accordance with Georgian legislation.

15.6. This data security and protection policy outlines how the company processes personal data of data subjects. The policy applies to all personal data processed by the company, regardless of the identity of the data subject.

15.7. Georgia Starts Here LLC processes the following personal data:
a) User identification data: name, surname, address, email, phone number;
b) User contact information: address, email, and phone number;
c) Data obtained through communication between the user and MEMO;
d) Information obtained from public sources.

15.8. Purposes of data processing:
a) To provide services (including educational services);
b) To improve and offer new services through statistical analysis of user transactions, behavior, etc.;
c) To send correspondence or notifications to users;
d) To meet legal obligations and provide data to regulators when required;
e) To protect the security and property of the company or others;
f) To protect the company’s legitimate interests or legal rights.

15.9. Legal bases for processing according to Article 5(1) of the Georgian Law on Personal Data Protection:
a) The data subject has given consent;
b) Processing is necessary to perform a contract with the data subject or for pre-contractual actions;
e) Data is publicly available or made public by the data subject;
k) Processing is necessary to review a request submitted by the data subject.

15.10. According to Article 7(1), processing of data of minors is allowed with their consent if they are 16 or older. For those under 16, parental or legal guardian consent is required.

15.11. As per Article 12(1), direct marketing is allowed only with the subject’s consent.

15.12. Before data transfer, the controller ensures the recipient provides adequate protection.
15.13. The recipient must follow data protection laws and is responsible to the controller for any violations.
15.14. The controller has sole discretion to determine the recipient(s) of transferred data, ensuring compliance with this policy.

15.15. The controller acknowledges that data must be processed in accordance with the principles outlined in the Law on Personal Data Protection.

15.16. User rights during data processing:
– Receive information about the type, purpose, legal basis, source, and sharing of their data;
– Access and receive copies of their data as stored by the company;
– Request correction, update, or completion of incorrect or incomplete data;
– Request cessation, deletion, or destruction of data if:
* Consent is withdrawn and was the only basis for processing;
* Data is no longer needed for the stated purpose;
* Processing is unlawful;
* Accuracy or authenticity is disputed;
– Withdraw consent and request deletion of previously processed data based solely on that consent.

15.17. The company stores data in accordance with legal requirements and implements physical, technical, and organizational safeguards to protect data against unauthorized access, use, transfer, loss, or destruction.

15.18. User data is retained for a period of 5 (five) years.

15.19. Both user and company agree to pay penalties and fully compensate any direct or indirect damages resulting from breaches of obligations defined in this policy.

16. Disputes and Governing Law

16.1. These terms and conditions are governed by the laws of Georgia, which serve as the sole applicable legal framework between the parties. All matters, claims, and demands related to the terms of service are interpreted and resolved in accordance with Georgian law.

16.2. In case of disputes or disagreements, the user may contact the customer support team using the contact information available on the website. The support team will take all possible measures to review and resolve the issue.

16.3. The parties agree that any dispute or claim shall fall under the exclusive jurisdiction of the courts of Georgia. Georgian law shall be the only applicable law for resolving issues arising from these terms and conditions.

16.4. If any provision or clause is found to be illegal or unenforceable by a Georgian court, the remaining provisions shall remain in full force and effect.

17. Amendments to the Terms

17.1. MEMO reserves the right to amend or update these terms and conditions to ensure compliance with legislation, improve services, or address other needs.
17.1.2. Updated terms shall become effective 30 calendar days after publication, unless stated otherwise.
17.1.3. Users are responsible for regularly reviewing the terms and accepting changes by continuing to use the platform.

17.2. User Notification:
a) Email – registered users will receive a message at their provided email address summarizing the changes with a link to the updated terms;
b) Platform notification – a prominent notice will appear on the main page about the update.

17.2.2. MEMO must notify users of changes at least 30 calendar days in advance, unless immediate implementation is required by law.

17.3. Acceptance and Rejection:
17.3.1. Continued use of the platform after the effective date of the updated terms constitutes acceptance of the new terms.
17.3.2. If a user disagrees with the changes, they may:
– Cease using the platform;
– Request account deletion in accordance with applicable laws;
– Contact MEMO’s administration to express concerns.

17.4. Users must fulfill all obligations, including financial ones, that arose under the terms active before the update.

18. Communication and Notifications

18.1. MEMO uses email and platform notifications to communicate with users.

18.2. The user agrees to receive electronic communications from MEMO, including system notifications, security alerts, and marketing materials.

18.3. Providing incorrect or inaccurate contact information does not exempt the user from obligations under these terms and conditions.

By registering on the website, the user agrees to and acknowledges these Terms and Conditions, the Privacy Policy, the Return and Exchange Policy, and consents to the legal enforceability of these documents.

If the user disagrees with MEMO’s legal documents, they may choose not to use the website. However, MEMO invites users to share their feedback via email.

For further questions, claims, or requests, the user can contact MEMO via email. The MEMO team is ready to provide detailed answers to user inquiries.