Terms & Conditions

Version 1.0; Effective 27 July 2021

IMPORTANT NOTICE

By using this website (herein "Website") you acknowledge that you have read, understand and agree to be bound by these terms and conditions and our prevailing privacy policy set out on the website (herein collectively the "Terms").

If you do not understand and agree to these Terms, or are not legally entitled to so agree, then you may not access or use the Website.

1. Terms of use

1.1. The Website is operated by Turncoin Limited, with further information as set out below.

1.2. These Terms govern your access to and use of the Website.

1.3 Your special attention is drawn to the paragraphs in these Terms marked in bold, as such clauses may be onerous in nature.

1.4. We reserve the right to revise these Terms from time to time, with the revised Terms taking effect on the date of its publication on the Website.  It is your responsibility to stay informed of all such changes, and your continued use of the Website will constitute your deemed acceptance to be bound by such changes.

2. About us

Place of registration: Gibraltar        

General telephone number: +27 (83) 792 8603

General email address: support@turncoin.com

Physical address where we will receive legal service of documents: Block D, Capital Place, Techno Park, Stellenbosch, South Africa, 7800

 

3. No offer

3.1. The information contained on our Website is for general information purposes only and not intended to constitute an offer to do business or to sell any goods or services.  

4. Usage restrictions

4.1. You may not directly or indirectly:

4.1.1. attempt to overcome any security features of the Website;

4.1.2. access this Website by automated means, except in the case of a bona fide search engines indexing public pages; and

4.1.3. use the Website to post and/or distribute material that is obscene, threatening, violent, racial, defamatory, offensive or otherwise unlawful.

4.2. We reserve the right to take any steps necessary to preserve the security, integrity and reliability of the Website.

4.3. We may, in our sole discretion, terminate or suspend your access to the Website, including (without limitation) in the case:

4.3.1. you breach any of these Terms; or

4.3.2. we are required by law to do so.

5. Intellectual property rights

5.1 For purposes of this clause, the term "Intellectual Property" means all intellectual property and similar proprietary rights, howsoever arising and in whatever tangible or intangible media, whether or not registered, including (without limitation) copyright, database rights, patents, trade marks, registered designs, unregistered design rights, domain names, confidential information, business processes, trade secrets goodwill and any applications for the protection or registration of those rights and all renewals and extensions thereof throughout the world (if applicable), as well as any adaptations, derivatives and embodiments of the aforegoing.

5.2. The Intellectual Property vesting in this Website, our services and any communication we send is owned by us.  

5.3. You are personally authorised to view the content published on this Website via a browser for non-commercial use and for no other reason whatsoever.

6. Third-PartyContent

6.1. We may provide links to other third-party websites and content (herein "Third-Party Content") on this Website.

6.2. You acknowledge and agree that such Third-Party Content is outside of our control and accordingly that we shall not have any duty and liability in respect thereof.  

6.3. You acknowledge and agree that we will not be held liable, directly or indirectly, for the information provided by Third-Party Content nor for any loss or damage resulting from your access to and use of the Third-Party Content.

7. Disclaimers, limitations of liability and indemnities

7.1. We do not warrant or represent that this Website will be error free.

7.2. We do not warrant or represent that this Website will always be accessible.

7.3. To the maximum extent permitted by applicable law, we will not be liable for any claim, cost, expense, penalty, damage, injury or any other adverse consequence arising from your use of this Website.

7.4. To the maximum extent permitted by applicable law, you agree to indemnify us from any claim, cost, expense, penalty, damage, injury or any other adverse consequence arising from your breach of these Terms.

8. Notices and address for service

8.1. Each of us hereby choose as its address for service and receipt of notices (i.e. domicilia citandi et executandi) for purposes under these Terms, whether in respect of judiciary process or otherwise, our nominated physical address or email address (herein each a "Notice Address" being in our case of the details provided in these Terms and in your case the current Notice Address(es) you provide us. Accordingly, insofar as these Terms may prescribe notice periods for the giving of notices, such notice periods shall be complied with upon the giving of notices in compliance with the terms of this clause 9.

8.2. Any notice served on a Notice Address before 17h00in the GMT+2 time zone shall:

8.2.1. if delivered by hand, be deemed to have been received on the day of delivery; or

8.2.2. if sent by email, be deemed to have been received on the date when it is capable of retrieval by the recipient.

8.3. In the event of delivery of a notice to a Notice Address later than 17h00 in the recipient’s time zone, then delivery shall be deemed to have taken place on the next day.

8.4. A delivery or read receipt generated by a sender's email client shall constitute face value (i.e. prima facie) proof of the message being capable of retrieval by the recipient.

9. Interpretation

9.1. For purposes of these Terms:

9.1.1. the rule of interpretation that a contract will be interpreted against the party responsible for the drafting and preparation thereof will not apply;

9.1.2. unless the context shows otherwise, a clause which includes a specific example or examples will not be construed as limiting the meaning of the general wording preceding it; and

9.1.3. the termination or expiry of these Terms will not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.

10. General

10.1. Applicable law. This Terms shall be governed by and construed and interpreted in accordance with the laws of England and Wales. Unless and to the extent expressly agreed otherwise in this Terms, the we agree that the Courts of England and Wales shall have exclusive jurisdiction to hear any disputes that may arise from this Terms.

10.2. Whole agreement. This Terms constitutes the whole agreement between us as to the subject matter hereof. None of us shall have any claim or right of action arising from any undertaking, representation or warranty not included in this Terms.

10.3. Severability. Each provision of these Terms is severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of these Terms will remain binding and continue with full force and effect.

10.4. Cost of legal services. Each of us will pay its own costs and expenses incurred by it in connection with the negotiation, drafting, re-drafting, entering into and implementation of legally binding documents. Should any one of us instruct attorneys to take any steps to enforce any rights in terms of this Terms arising from a breach thereof, then the breaching party shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.

Privacy Policy

Version 1.0; Effective 27 July 2021

1. Introduction

1.1. Turncoin.com is committed to data protection and the right to privacy.

1.2. When you use our website at turncoin.com (herein "Website"), we may collect and process certain personal information. This privacy policy, together with our terms and conditions published at 27 July 2021 (herein "Terms"), set out the basis on which any personal information that we collect from you, or that you provide to us, will be processed by us.

1.3. The terms of this privacy policy may be augmented by specific privacy notices when you take certain actions on our Website.

1.4. By using the Website, you consent to the processing of your personal information in the manner herein set out, to the extent that such consent is legally required by applicable law. If you do not so consent, you may not use the Website.

2. Information we may collect from you

2.1.  We process the following personal information:

2.1.1. your name and username;

2.1.2. your address;

2.1.3. your contact details; and

2.1.4. other personal information submitted by you to us.

2.2. You may update your personal information via the Website.

3.  Storage of your personal information

3.1. We will do our best to protect your personal information and we will use technology that will help us to do this. Our efforts in this regard will comply with the requirements of applicable law.

3.2. You acknowledge and agree however that there are inherent risks to the security of data in the use of Website and services, such as vulnerabilities in the underlying technology. We accordingly do not guarantee that your data cannot ever be compromised and you accept this risk by using the Website.  

3.3. When you have chosen or been given a password which enables you to access certain parts of our Website, you are responsible for keeping that password confidential. Please do not share your password with anyone.

3.4. We will keep your personal information for only a reasonable amount of time, to enable us to use it for the purposes described in this privacy policy and in accordance with applicable law.

4. What we do with your personal information

4.1. Your personal information is used to:

4.1.1. enable the functionalities of the Website, such as to retrieve your system data from our servers and to display it;

4.1.2. perform in terms of any contract between us, enforce any contractual arrangement or for other legal and compliance processes; and

4.1.3. to respond to your enquiries and to resolve dispute; and

4.1.4. to provide account holders with news and updates; and

4.1.5. to better manage our business and your relationship with you; and

4.1.6. derive aggregate and/or de-identified information which is used at our discretion, for instance to improve the Website and for purposes of analysis.

5. Cookies

5.1. Cookies are small text files transferred by a server to your device and may contain various types of information useful in persisting data, such as login status, preferences and settings. We may use cookies to as part of the Website, but will never use cookies to track your behaviour outside of the Website.  

5.2. Depending on your device, you may have the option to block cookies. In that case, the Website may not work or work only with reduced functionality.  

6. Third party websites

6.1.  The Website may occasionally contain links to third-party websites. If you click on the links to third-party websites, you leave our website.  

6.2. We are not responsible for the content of third-party websites or for the security of your personal information when you use them.  

7. Disclosures

7.1. On rare occasions, we may be required to disclose your personal information because of legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including complying with court orders, warrants, subpoenas, service-of-process requirements or discovery requests.

7.2. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or this privacy policy or respond to legal claims that any content violates the rights of third parties, or to protect our intellectual property rights or our personal safety or the personal safety of our users or the general public.

8. Notification of changes

8.1. We reserve the right to change this privacy policy from time to time and in our sole discretion.  

8.2. We will notify you of material changes to this privacy policy by the email address we have for record for you.

9. How to contact us

9.1. If you have questions about this privacy policy, please contact us at support@turncoin.com