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TERMS OF SERVICE "TOS"
User Agreement for TRUCARDS Service.
Policies may be changed from time to time and are
effective immediately after we post the changes on our website.
We reserve the right to modify these user agreement
and terms of Service from time to time without notice. Please review
these Terms of Service from time to time so that you will be informed
of any changes.
You also agree that you are subject to any policies
or rules, which are posted in conjunction with those Services. All
such posted policies or rules are hereby incorporated by reference
into this Agreement.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TRUCARDS
OFFERS YOU PERMISSION TO USE ITS PAYMENT SYSTEM, AND OTHER RELATED
SERVICES.
1. ACCEPTANCE OF TERMS
TruCards provides its service to you subject to the following Terms
of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version
of the TOS at any time at: http://www.trucards.com/terms.php
In addition, when using particular TruCards owned or operated services,
you and TruCards shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time.
All such guidelines or rules (including but not limited to our Legal
Credit Cards and other Payment Systems usage Policy) are hereby
incorporated by reference into the TOS. TruCards may also offer
other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
TruCards provides users with access to a rich collection of Internet
Payment Solutions and resources, including but not limited to Prepaid
Virtual Credit Cards, (Physical) Prepaid Credit Cards, Merchant
Accounts, Escrow and Digital Currency Services.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a person
barred from receiving services under the law. You also agree to:
(a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or TruCards has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, TruCards has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). TruCards
is concerned about the safety and privacy of all its users.
4. TRUCARDS PRIVACY POLICY
We do not sell or rent your personal information to third parties
for marketing purposes without your consent and we only use Your
Information as described in the Privacy Policy. We view protection
of users' privacy as a very important principle. We understand clearly
that you and Your Information are one of our most important assets.
We store and process Your Information on computers that are protected
by physical as well as technological security devices. You should
only log in to your TruCards account on a page which begins with
http://www.trucards.com or https://www.trucards.com.
All of our pages begin with http://www.trucards.com or https://www.trucards.com
and therefore you should not use any other site that does not begin
as such.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account number designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify TruCards
of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account
and close the browser windows at the end of all sessions. TruCards
cannot and will not be liable for any loss or damage arising from
your failure to comply with security practices found under this
Section.
6. MEMBER CONDUCT
You understand that all Payments sent through our Payment Systems
are the sole responsibility of the person from whom such Payments
originated. This means that you, and not TruCards, are entirely
responsible for all payments made via the Service. Even though we
try to verify all Merchants and Persons using our services, it is
your sole responsibility to verify all Merchants and persons that
you want to send payments to. Different Merchants operate under
different jurisdictions and are obliged to refuse Credit Cards and
other payment systems that the laws governing their business practises
does not allow even if the Credit Cards are good. TruCards does
not guarantee that our credit cards will be accepted by all Merchants
accepting credit cards as a means of payments.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including,
but not limited to, a TruCards official, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
d. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service;
e. upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
f. upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party;
h. upload, post, email, transmit or otherwise make
available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware
or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
k. intentionally or unintentionally violate any
applicable local, state, national or international law.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
8. INDEMNITY
You agree to indemnify and hold TruCards and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit,
post, transmit or otherwise make available through the Service,
your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
9. MODIFICATIONS TO SERVICE
TruCards reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that TruCards
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
10. TERMINATION
You agree that TruCards may, under certain circumstances and without
prior notice, immediately terminate your TruCards account, and access
to the Service. Cause for such termination shall include, but not
be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues
or problems, (f) extended periods of inactivity, (g) engagement
by you in fraudulent or illegal activities, and/or (h) nonpayment
of any fees owed by you in connection with the Services. Termination
of your TruCards account includes (a) removal of access to all offerings
within the Service. (b) deletion of your password and all related
information, files and content associated with or inside your account
(or any part thereof), and (c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be made
in TruCards's sole discretion and that TruCards shall not be liable
to you or any third party for any termination of your account.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUCARDS
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B.TRUCARDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c.ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM ANY SUCH MATERIAL.
D.ALL SALES ARE FINAL AND ARE NEITHER RETURNABLE
NOR REFUNDABLE, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM TRUCARDS OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUCARDS AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF TRUCARDS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
13. NOTICE
TRUCARDS may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
The Services are offered by TRUCARDS.COM
Dated: 10th March 2005
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