Terms & Conditions

Terms of use

Last updated 6 August 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
(“you”) and Top Companions (“Company”, “we”, “us”, or “our”),
concerning your access to and use of the Top Companions website as well as
any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the
Site, you have read, understood, and agreed to be bound by all
of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about
any changes by updating the “Last Updated” date of these Terms
of Use, and you waive any right to receive specific notice of
each such change. It is your responsibility to periodically
review these Terms of Use to stay informed of updates. You will
be subject to and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms
of Use are posted.

The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual
property rights and unfair competition laws, international
copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information
and personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have
the legal capacity and you agree to comply with these Terms of
Use; (2) you are not a minor in the jurisdiction in which you
reside; (3) you will not access the Site through automated or
non-human means, whether through a bot, script or otherwise; (4)
you will not use the Site for any illegal or unauthorized
purpose; and (5) your use of the Site will not violate any
applicable law or regulation.

If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).

PRODUCTS/SERVICES

We make every effort to display as accurately as possible the
features, specifications, and details of the services
available on the Site. However, we do not guarantee that the
features, specifications, and details of the services
will be accurate, complete, reliable, current, or free of other
errors. All services are subject to availability.
Prices for all services are subject to change.

PURCHASES, PAYMENT & REFUND

We accept the following forms of payment:

Credit cards, debit cards and bank transfer.

You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Site. You
further agree to promptly update account and payment
information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in euro, dollar
or pound sterling.

You agree to pay all charges at the prices then in effect for
your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the
Site. We may, in our sole discretion, limit or cancel services
purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right
to limit or prohibit orders.

In case you cancel your order at least 48 hours before the start of the
service you will be able to use the full credit within the next 6 months.
In case you cancel it less than 48 hours but more than 24 hours
before the start of the service you will be able to use 75% of the credit
within the next 6 months. The remaining 25% is used as cancellation fee.
In case you cancel it less than 24 hours before the start of the service you
will be able to use 50% of the credit within the next 6 months. The
remaining 50% is used as cancellation fee.
Once the 6 months have passed the funds become priority of the agency.
Once the service is delivered it is not possible to ask for a refund.

Once started, in the event of gross failure to perform the
agreed service, maliciousness, insolvency, or manifest inability
to perform the agreement from either party, the other party may
immediately terminate the agreement by email. In
case of early termination, Top Companions has the right to suspend or
cancel the execution of all pending orders and this at cost and
on behalf of the customer.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavours except those
that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable
by other users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated in
accordance with the Site Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant
that:

1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and
to authorize us, the Site, and other users of the Site to use
your Contributions in any manner contemplated by the Site and
these Terms of Use.

3. You have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and
these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libellous, slanderous, or otherwise
objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.

8. Your Contributions do not advocate the violent overthrow of
any government or incite, encourage or threaten physical harm
against another.

9. Your Contributions do not violate any applicable law,
regulation, or rule.

10. Your Contributions do not violate the privacy or publicity
rights of any third party.

11. Your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or exploits
people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect
the health or well-being of minors;

13. Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual
preference, or physical handicap.

14. Your Contributions do not otherwise violate or link to
material that violates any provision of these Terms of Use, or
any applicable law or regulation.

Any use of the Site Offerings in violation of
the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to
use the Site and the Offerings.

CONTRIBUTION LICENSE

You and Top Companions agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including
settings).

By submitting suggestions or other feedback regarding the Site,
you agree that we can use and share such feedback for any
purpose without compensation to you.

We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are
solely responsible for your Contributions to the Site and you expressly
agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site or the Marketplace Offerings (“Submissions”) provided by
you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgement
or compensation to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.

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