Last updated 28.02.2020
Present Terms and Conditions (hereinafter – “Agreement”) govern contractual relations between parties “TURBAPAY LTD” from one side, (hereinafter – “Turbapay”, “us” or “our”) and you, as a user, from the other side (hereinafter – “users”, “you” or “your”), together known as “parties”.
Terms and definitions
TURBAPAY – company, registered in accordance with laws of England and Wales, registration number 12379025, registration address Suite 23036 8 Shepherd Market, Mayfair, London, United Kingdom, W1J 7JY.
User – individual, visiting the website turbapay.com (hereinafter – “Website” or “Site”), and/or filling in a Questionnaire, being one of the parties to the Agreement. By accessing the website, the user agrees and obliges to observe all of the following conditions of the Agreement.
Provider – legal entity, registered in accordance with international law, holding a financial license for provision of payment services to merchants or its agent.
Merchant – legal entity or other economic entity, interested in provision of means on their website for acquiring payments from clients in order to perform their economic activity.
All concepts and terms of the Agreement shall have the meanings given to them in accordance with applicable laws of England and Wales.
Any concepts and terms, employed in the Agreement, not embedded in the section “Terms and definitions”, shall be construed in accordance with the meaning, derived from the text of Agreement. If any dispute arises regarding the interpretation of a concept and/or term, employed in the Agreement, the interpretation chosen by the Administration of the website shall apply.
By using this website, you acknowledge and guarantee that you have carefully read the present Agreement prior to using our website and you agree to fulfill and adhere to all the conditions, defined by the parties to this Agreement.
User is obliged to familiarize himself with the Agreement in full. The use of the website means complete and comprehensive acceptance by the user of the Agreement. In the event of disagreement with the provisions of this Agreement, the User shall immediately cease to use the Website.
The present Agreement is an open and publicly available document.
- General provisions on the use of Website
1.1. The use of Website is permitted only subject to the conditions, indicated in the present Agreement and exclusively though means, provided by the technical capabilities of the Website. If you disagree with these conditions, you shall immediately cease usage of the website. The use of Website provides for your agreement with the conditions of the present user agreement.
1.2. In order for our communication to be effective, and to provide you with quality services. We have a number of rules for the use of our Website.
1.3. You shall:
- not violate or help any other third party in violating the present Agreement and /or any applicable laws, that may include, but is not limited to, international laws, national laws, statutes, rules and etc.;
- provide during completion of the Questionnaire reliable, full and up-to-date information, maintain updates;
- not provide faulty, inaccurate, incomplete and misleading information;
- not violate intellectual property rights (trade mark, authors rights, patents and other intellectual property rights);
- not pursue, harm or insult our employees, representatives or agents, providing you with services;
- not employ our services in any manner, that may damage, shut down or reload out website;
- not attempt to receive unauthorized access to the Site, computer systems or networks connected to the website in order to extract data from the website;
- not pretend to be other physical or legal persons and perform any other fraudulent, false, misleading statements; not violate any laws, applicable in your jurisdiction in relation to the use of our services.
- Subject of Agreement
2.1. Present Agreement governs relations between you, as a user of the Website, and us, company Turbapay.
2.2. You can use our Website for informational purposes, to receive approximate rates from Providers, and to engage your website with a payment service of Provider, with whom we have an according agreement.
2.3. As soon as you complete the Questionnaire on the Website, complete the request on services and pay for the services in the amount, indicated in the Public Offer, you become a merchant and out relations with you shall be governed by the Offer. (You may find the Offer via the link – http://turbapay.com/formal-offer/).
2.4. You shall be solely liable for the reliability of the information provided to us.
2.5. You shall immediately inform us, when you become aware of any violation of security or unauthorized use of your information.
- Website publications
4.1. From time to time we may publish content on the Website.
4.2. The content of such publications shall not be considered as any legal, investment, financial, trade or other advice, unless otherwise indicated. We are not liable for any actions, derived from its contents.
- Intellectual property rights
5.1. Website Administration shall be the rights holder and have all exclusive property and any other existing rights in relation to the Website, including, but not limited to the listed, on the software, graphics, design and Database of the Website.
5.2. Information, provided on the Website, information provided on the social media of the company of Turbapay and any other information about the company is protected by international intellectual property legislation.
5.3. You shall not reproduce, re-type, publish, amend, disseminate, display, license or by any other way use content or any other information from the Website without explicit written consent of Turbapay.
5.4. Violation of any intellectual property rights of Turbapay shall be strongly prohibited.
6.1. For failure to perform or improper performance of your obligations pursuant to the present Agreement you shall be liable in accordance with the present Agreement and applicable legislation.
6.2. You shall not violate or attempt to violate the provisions of the present Agreement. In case of violation or attempt of violation of the present Agreement, your access to our website may be terminated.
6.3. We reserve the right to inform of violations, which may include, above else, financial crimes, tax evasion, distortion of information or any other fraudulent activities, performed by you to the authorized governmental authorities.
6.4. Turbapay shall not be liable for any direct or indirect consequences of any use or inability to use the Service (including the data) and / or damage, inflicted upon the User and / or third parties as a result of any use, not use or inability of use of Service (including the data) or its separate components and / or functions, including due to any possible mistakes or failures of the Service.
- Disclaimer and limited liability
7.1. The content of the Website or anywhere else is provided without any guarantee, conditions in relation to its accuracy, quality and fitness for a specific purpose or need.
7.2. When you complete the form on the Website, you receive the approximate rates of the providers, which we have provisionally received from them. These are approximate rates and we do not hold liability for their correctness and reliability.
7.3. We do not guarantee that our services are faultless, reliable and will work without interruptions. The Website works on the conditions “as is and as available”.
7.4. If you are unsatisfied with the conditions and /or the quality of our services, you should stop using our services. Your use of services shall imply that you do not have any complaints regarding the conditions and /or quality of services of Turbapay.
7.5. Under no conditions Turbapay, its officials, directors, employees, agents and all third party providers of services shall be liable before you or any other physical or legal person for any direct, indirect, accidental, unexpected conditions.
- Recovery of damages
8.1. To an extent, provided for by the applicable law, you agree to protect Turbapay from any and all claims, damages, obligations, expenses and debts, as well as expenses (including, but not limited to), arising from:
- Your access and use of services;
- Any information, that you publish, upload, use, disseminate, store or by any other mean transfer through the WebSite;
- Your violation of the present Agreement;
- Your violation by any law, rule, provision or rights of third parties.
- Force majeure
9.1. The Parties shall be free from liability in the event, when violation of their obligations is derived as a consequence of conditions, that did not depend on them (force majeure).
9.2. The Parties have agreed, that the following conditions should be considered as force-majeure:
- natural disasters – floods, earthquakes, tornadoes, tsunamis, droughts, natural fires, volcanic eruptions, etc.;
- techno-genic disasters – accidents, fires, explosions and etc.;
- social and political events – wars, strikes, state of emergency, terrorist acts, riots, coups, armed conflicts, etc..;
- other force majeure circumstances – the adoption by state bodies of normative acts that do not allow the parties to fulfill their obligations under this Agreement, etc.
9.3. The list of conditions above shall not be exhaustive.
- Governing Law
10.1 The Parties have agreed, that the Agreement shall be concluded in accordance with the principle “Freedom of contract”, thus the Parties have regulated their relations, that are the subject of the Agreement, at their own discretion and have recognized them obligatory for themselves.
10.2 The parties have agreed, that all relations, not regulated by the present Agreement, shall be subject to principles of international commercial agreements (UNIDROIT principles).
10.3 The parties have mutually agreed, that to relations, not regulated by the Agreement and / or UNIDTROIT principles, the law of England and Wales shall apply.
10.4 The Parties have the right to choose the law of a different state that will be applied to the present Agreement, upon mutual consent, through signing an additional agreement.
- Amendments to the Agreement
11.1. We can unilaterally amend the Agreement. In such cases we do not require your consent. We will request your consent for such amendments, if such a requirement is present in the applicable law.
11.2. The new version of the Agreement will become effective immediately after your next visit of our website. You will be informed of any amendments to the Agreement, through indication of changes in the top part of the page.
11.3. By continuing to use the Website, you agree with the latest amendments to the Agreement. If you disagree with the conditions and provisions of the Agreement, you shall cease to use our Website, stop receiving access to it and immediately inform us about this in written form.
- Final Provisions
12.1. The present Agreement shall stay in force until Turbapay does not terminate it. We may terminate the Agreement at any time at our own discretion, without explanation of reasons.
12.2. If any of the matters are not regulated by the Agreement, they shall be governed by the applicable legislation.
12.4. If you have any comments, questions or complaints, please contact us via email email@example.com.