Terms of Use

 

 

TERMS OF USE

OF TFG DIGITAL PLATFORM

(Torus Finance Group LP)

These Terms of Use (hereinafter referred to as the "Terms" or the "Contract") govern the use of the TFG Digital Platform available on the Internet on the website https://tfg.company/ (hereinafter referred to as the "Platform"), owned and operated by the company Torus Finance Group LP, a Limited Partnership registered in accordance with the laws of State of Delaware, the United States of America, registration number: 6553479, date of formation January 19, 2022, registered to the address 16192 Coastal Highway, Lewes, County of Sussex, State of Delaware (hereinafter referred to as the "Company", "we"), including the website on the Internet, which provides access to the Platform, as well as any services of the Platform.

These Terms are an offer, by accepting which the User agrees with the provisions contained therein. Acceptance is expressed in your confirmation of registration as a User of the Platform in accordance with these Terms.

The Terms, together with the Risk Statement, Privacy Policy, Cookies Policy and KYC/AML Policy form a binding agreement (hereinafter referred to as the "Agreement") between the Company and you as a private user (hereinafter referred to as "you" or "User") for your individual use of the Platform. By registering as a User of the Platform, as well as using the Platform, you confirm your acceptance of the Agreement. If you do not agree with the Terms, the Privacy Policy, the Risk Statement or KYC/AML Policy, you must immediately stop using the Platform.

1. TERMS AND DEFINITIONS

1.1 Unless otherwise specified or the context suggests otherwise, all capitalized terms have the meaning given to them in these Terms and other documents making up the Agreement:

a. "Account" - an account created by the User who visited the Website and registered with the Company to use the Website and the Platform.

b. "Website" - the Company's website at https://tfg.company/, which provides the User with access to the Platform.

c. "Platform" means a digital platform provided by the Company for access to its services.

d. "Public Authority" means any national or governmental authority, any province or state or any other political subdivision, or any entity, authority or individual exercising legislative, judicial, administrative, or relating to government functions, including any governmental body, agency, department, board, commission or subsidiary body or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.

e. "Personal Data" - information transmitted by the User, which can directly or indirectly identify this User.

f. "Privacy Policy" - additional conditions that are an integral and integral part of the Agreement and govern the collection, use and disclosure of Personal Data of each User.

Each User must read and agree to the Privacy Policy in order to use the Platform and the Website.

g. "Risk Statement" - additional conditions that are an integral and integral part of the Agreement and regulate the User's risks associated with the use of the Platform and the Company's responsibility for them.

Each User must read and agree to the Risk Statement in order to use the Platform and the Website.

h. "KYC/AML Policy" - the terms of the "know-your-customer" policy of the Company and the procedures adopted by the Company from time to time in relation to the User's access to the Personal Account and the Platform.

Each User must read and agree to the KYC/AML Policy in order to use the Platform and the Website.

i. "Service Notices" means one-way notices sent by the Company via text message or email. These notifications are sent to the User in relation to certain information or events related to the Account to which the User has access through the Platform.

j. "User" - any person who has registered on the Website and created an Account in order to use the Website and have access to the Platform.

k. "Partner" - The User who has made a purchase of a service on the Platform in the manner and in the amount specified in clause 3.4 of these Rules, and has successfully passed the Account verification procedure. The Partner has the right to attract new users of the Platform by using a Referral Link. The Partner is a party to the Partnership Agreement with the Company (Limited Partnership Agreement), with the status of a Limited Partner of the Company according to such Agreement.

l. "Affiliate link" - a unique link that the Company or a User with the status of a Partner uses to attract new Users;

m. "User Credentials" - a set of User identifiers, password, personal identification number, any other information provided to the User to access the Account and the Platform.

2. LEGAL CAPACITY AND USER REGISTRATION

2.1. In order to access and use the Account and the Platform, you confirm that you are fully capable and competent to comply with the Terms, conditions, obligations, representations and warranties set forth in these Terms, as well as adhere to and comply with them. You must register on the Website to create an Account and access the Platform; you agree to provide complete and accurate information when registering for such use and to keep this information up to date.

2.2. By accepting these Terms, the User enters into an Agreement with the Company and accepts the terms of all documents constituting the Agreement, including these Terms, the Privacy Policy, the Risk Statement, the KYC/AML Policy and the Cookie Policy. These documents are available for review on the Website until the completion of the procedure for registering as a User and creating an Account.

2.3. The acceptance of these Terms and the Agreement is expressed in putting a “tick” and pressing the consent button during the User Account registration procedure on the Website.

2.4. Only Users whose registration is confirmed by the Company are our customers and have the rights and obligations stipulated by the Agreement.

2.5. Users who have successfully completed the verification of their Account get access to the full functionality of the Platform and have the right to acquire the status of a Partner.          

2.6. The User acquires the status of a Partner (Limited Partner of the Company) subject to the conditions set forth in clause 3.3. of these Terms, and is entitled to receive partner rewards.

2.7. Relations between the Partner (Limited Partner of the Company) and the Company are governed by the Limited Partnership Agreement, available for signing by the User subject to the conditions set forth in clause 3.3.of the Terms. An expression of the full and unconditional consent of the Partner with the terms of the Limited Partnership Agreement and is expressed in its signing by the User in the order established by the Limited Partnership Agreement.

3. SUBJECT OF THE AGREEMENT AND USER ACCOUNT

3.1. The subject of the Terms is the conditions for the provision by the Company to the User of services in the form of providing a digital platform on the Internet for participation in the Company's projects and receiving rewards for such participation.

3.2. In order to use the services of the Platform, you must create an Account on the Platform. Connection to the platform takes place after the registration of the User in accordance with the сconditions of these Terms. Anonymous connections to the Platform and actions on the Platform are prohibited by these Terms.

3.3. In case a payment of at least 100 (one hundred) US dollars and successful verification of the Account, you receive the status of a Platform User and can participate in the marketing program and attract new Users through the Referral Link and receive payments according to the Marketing Plan.

           3.4. In case the User pays for participation in the Platform in the amount of at least 1000 (one thousand) US dollars, the User acquires the status of a Limited Partner of the Company, as well as the right to receive profits in accordance with the terms of the Limited Partnership Agreement and in the amount established by the Marketing Plan, as well as payments for attracting new Users according to the Marketing Plan. The acquisition of status takes place after confirmation of such payment and successful completion of verification of his Account. The Company has not established the maximum possible amount of the Partner's contribution for participation in the Platform's projects.
 

3.5. After acquiring the status of a Partner in accordance with clause 3.4. of the Terms, while maintaining such status, the Company makes partner rewards to the Partner based on the results of the reporting period in the amount proportional to the funds contributed by the Partner for participation in the projects of the Platform on the terms established by the Partnership Agreement.

3.6. The Partner has the right to attract new Users by using the Referral Link and / or by providing his login to the User attracted by him in order to indicate such a new User during the registration procedure on the Platform.

3.6.1. For each such attracted new User, the Partner by whom he was attracted receives payments in the amount established by the Marketing Plan of the Company. The current version of the Company's Marketing Plan is available for review on the Platform in the relevant section.

3.7. The User has the right to withdraw funds from his Account. At the same time, the User has the right to withdraw only those funds that were accrued to him on the Platform in the process of using the services of the Platform.

3.8. Withdrawal of funds from the Account is possible exclusively by the User and to the details of the User. Anonymous transactions are prohibited by these Terms

4. USER ACCESS TO THE ACCOUNT AND THE PLATFORM

4.1. The Company will issue to each User registered to use the Website and the Platform a set of unique Credentials, including a login and password. Such User Credentials are intended only for his access to the Account. Each User must promptly provide the Company with proof of receipt of such Credentials. Together with Credentials, to confirm registration and some actions on the Platform, we may use confirmation codes sent by SMS to the User's phone number.

4.2. Each User has the right to register on the Platform only one Account. Registering multiple Accounts is a violation of these Terms and may result in the immediate termination of these Terms and the relevant Accounts.

4.3. Each User acknowledges that each set of User Credentials is non-transferable and shall only be used by the User to whom it was issued. Such User Credentials shall not be disclosed or transferred to any third party without the written permission of the Company.

4.4. Each User must:

a. keep its Credentials in strict confidence and not share them with third parties for any purposes related to the Account. In addition, the User must not disclose its Credentials so that they can be recognized by third parties on any device (for example, by writing or writing them down without encryption);

b. make all reasonable efforts to protect all records relating to its Credentials, including, but not limited to, storing such records in a secure or physical location accessible or known only to the User, as well as storing them in a location unlikely to be accessed by third parties;

c. take all reasonable steps to comply with the security instructions provided by the Company, otherwise protect the security, prevent forgery or use by any other person of the User Credentials, the Website or the Platform, including the security measures prescribed in our Privacy Policy;

d. immediately notify the Company through any channel indicated by the Company in the event of:

i. loss of its User Credentials;

ii. disclosure of its User Credentials to third parties or if they have otherwise been compromised;

iii. if you have a reasonable suspicion of any unauthorized use of your Credentials;

e. create strong passwords (for example, using a combination of letters, numbers, and special characters and not using easily accessible personal information)

4.5. If access to the Platform is made by correctly entering the User's Credentials, it is considered that the corresponding User has gained access to the Platform. You are responsible and liable for all actions taken by an Authorized Person who accesses the Platform on your behalf. The Company has no obligation in any way to ascertain or take any other steps to verify the identity of any User or Authorized Person. The Company is not liable for any losses that you may incur as a result of someone else using your User Credentials or Account, with or without your knowledge. Upon receipt of the notice, the Company shall disable the relevant User Credentials and block access to the Platform or the Website as soon as possible.

4.6. Each User must ensure the security of all their devices or systems used to access the Platform, including, but not limited to, installing and regularly updating browsers, security patches, antiviruses, antivirus programs and other related software on devices or systems. Each User must also comply with all instructions, procedures and guidelines regarding the Platform, the Website and the User Credentials, as notified by the Company from time to time.

5. REWARDS TO THE PLATFORM AND OTHER EXPENSES OF THE USER

5.1. In exchange for access to the Platform, you agree to pay a reward to the Platform for each transaction made through your Account (hereinafter referred to as the "Reward"), as may be set by the Company. The current amount of the Reward may be displayed on the Website after you have logged into your Account. We reserve the right to change, modify or increase the amount of the Reward at any time and from time to time. Each such change, modification or upgrade will become effective upon posting in your Personal Account of the relevant changes, modifications or upgrades. If you do not agree with the posted changes, modifications or upgrades, you must stop using the Account as defined herein. Your continued use of the Account following the posting of the modified terms and Rewards on the Website will constitute acceptance of all such changes or adjustments. The amount of the Reward is subject to withdrawal from your Account automatically.

 

5.2. If you believe that you have been erroneously charged with the amount of the Reward, you must immediately notify the Platform of such error, indicating any additional information regarding this transaction. If you do not submit any questions or objections within thirty (30) calendar days after the first appearance of such alleged erroneous withdrawal in any Account report, such amount will be deemed unconditionally accepted by you.

 

5.3. We may charge additional fees for other features of the Platform that we may install from time to time. We will notify the User in advance about the charging of fees for the use of these functions.

6. PROHIBITED USE

6.1. You must use the Website or Platform solely in accordance with these Terms and other documents constituting the Agreement. You shall not sell, rent or otherwise make the Website or Platform available to any third party other than in accordance with the Agreement.

6.2. You may not use the Website or Platform in any way, provide any information or content, or engage in any activity while using the Website or Platform that:

a. are illegal or prohibited;

b. discredit any other person;

c. are obscene, sexually explicit or offensive;

d. advertise or promote any other product or business;

e. may harass, upset, embarrass, disturb or annoy any other person;

f. may disrupt the operation of the Platform in any way; or promote discrimination based on race, gender, religion, national origin, disability, sexual orientation, or age;

g. violate any copyright, trademark, trade secret or other proprietary rights of any other person;

h. restrict or prevent any other person from using the Platform, including, but not limited to, "hacking" or damaging any part of the Platform;

i. disable, damage or change the operation or appearance of the Platform;

j. "embed" or "mirror" any part of the Platform without our prior written permission;

k. use any robot, crawler, Website search/retrieval application, or other manual or automatic device or process to download, search, index, "analyze data", "extract", "gather data", or reproduce or bypass a navigation structure or presenting the Platform or its contents in any way;

l. collect in one way or another information about other users without their explicit consent;

m. are aimed at sending unsolicited or unauthorized advertisements, spam or chain letters to other users of the Platform;

n. aimed at creating, unless otherwise authorized by the Company in writing, several Accounts, unless otherwise expressly permitted by the Platform;

o. perform frequent, intensive trading using software or trading instruments not authorized by the Platform or without them;

p.. transmit any content that contains software viruses or other harmful computer code, files or programs; or

q. defend, encourage or facilitate any violence or any illegal act.

6.3. You understand and agree that the information and services provided by the Platform are not provided and may not be used by any person or entity in any jurisdiction where their provision or use would be contrary to any applicable law or where we are not authorized provide such Platform, information and services. You understand and acknowledge that if it is determined that you have provided false information about your location or place of residence, the Company reserves the right to take any appropriate action in accordance with the situation in accordance with local jurisdiction, including the immediate closure of any Account and the liquidation of any open position.

6.4. We reserve the right, but have no obligation, in our sole discretion, to edit, remove, delete or block any content that violates these Terms.

7. SAFETY

7.1. We may use technologies, services, or authentication or verification measures that we deem desirable or appropriate. Such measures may include multi-factor authentication or the use of biometric information to access the Platform. There is no guarantee that such technologies, services or authentication measures will be completely secure, adequate or successful in preventing unauthorized acc

7.2. While we take reasonable steps to protect the security and privacy of the Platform and your Personal Data in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system that stores or processes your Personal Data, Account or information about transactions. To the extent permitted by law, we will notify you of any unauthorized access, use or disclosure of your Personal Data if we become aware of it. Upon receipt of such notice, you are responsible for following the instructions set forth in it, including the immediate change of User Credentials and other actions to prevent unauthorized access to your account or Personal Data.

8. SERVICE AND OTHER NOTICES

8.1. You agree to receive notices regarding the Platform, your Account and the Rules through Service Notices sent to you in your Account on the Platform. You agree that such Service Notices are effective in lieu of written, mailed or other forms of notice required by applicable law. The Company reserves the right to establish other ways of sending you such notifications, including via SMS messages.

8.2. You are solely responsible for verifying the relevant email account or phone number without further reminders or repeated notices from the Company. You must immediately report any unauthorized use or access to the Platform.

8.3. You release the Company from any liability for loss or damage resulting from the use of the Service Notices to the extent permitted by law. The Company does not provide any guarantees, or accepts any responsibility for the topicality, correctness and completeness of the information provided through the Service Notices.

8.4. You have the right to opt out of receiving Service Notifications via SMS, if any, in accordance with this section by selecting the appropriate function in Your Account. In the event of waiver of the Service Notices, you release the Company from any liability as a result of such waiver.

9. PERSONAL DATA

9.1. As part of the Platform, the User's Personal Data may be collected, used, transferred, disclosed and otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering and using the Website and the Platform. You consent to the collection, use or disclosure of your Personal Data in accordance with these Terms and the Privacy Policy, including, without limitation, disclosure to a third party service provider for the purposes of providing services and conducting Account transactions.

9.2. You agree to provide true, accurate, current and complete Personal Data. You also agree to maintain and promptly update Personal Data to keep it true, accurate, current and complete at all times during the term of this Contract.

9.3. You agree to provide true, accurate, current and complete Personal Data. You also agree to maintain and promptly update Personal Data to keep it true, accurate, current and complete at all times during the term of this Contract.

9.4. You must notify us promptly of any changes, including but not limited to changes to Personal Data in connection with your use of the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and deny you any use of the Platform now or in the future, as well as subject you to civil liability or transfer information about you to the appropriate law enforcement authorities for criminal prosecution. We shall have no obligation to provide monetary or any other compensation following such suspension, termination or inability of your use of the Platform.

9.5. You agree that we may share this information with regulatory authorities as we deem necessary in accordance with the Privacy Policy.

10. INTELLECTUAL PROPERTY

10.1. All titles and intellectual property rights in and to the Website, the Platform, the materials made available through, or with respect to or in connection with them, any information transmitted by the Platform, to or through the Platform, and information relating to use of the Platform remain with the Company or its licensors. Nothing on the Platform shall be construed as granting any User any license, except as expressly set forth herein, to the Company's or any third party's title, title and/or intellectual property rights, whether estoppel, implied or other condition.

10.2. According to this Agreement, it is not allowed to use, distribute, copy and / or extract any materials or information (including description texts, photographs, videos, etc.) posted on the Website. The materials posted on the Website are protected by the laws of Delaware, the United States and other applicable laws.

10.3. You agree not to do the following:

a. copy in any form audio, video materials, other materials provided to the User during the course, record the course broadcasts, as well as fix the course content in whole or in part in any way and / or on any material medium, and distribution of these materials is also possible only with the permission of the Company. The above actions in relation to the results of intellectual activity without the written consent of the Contractor is a violation of the exclusive right of the Company and its licensors, which entails liability under the laws of Delaware, the United States and other applicable law.

b. modify, adapt, reproduce, translate or create derivative works of the Website, or any data or content provided through the Website and or any part thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website ;

c. misrepresent other sites as the Company's website by using visual "look and feel" or text from the Website or otherwise infringing the Company's intellectual property rights, including, but not limited to, "extracting" text or images from the Website or administered by the Company banners and/or text links, search engine marketing or all other online and offline activities,

d. edit, modify, filter, crop or rearrange the information contained in any part of the Website, or remove, hide or minimize any part of the Website in any way without the permission of the Company for the purpose of further unsolicited use;

e. apply in any commercial Website or logos, trademarks or brands of the Company.

10.4. Each User authorizes the Company to use any information or content provided by him or processed in connection with the Website (for example, Personal Data, geographic information, device information) in the context and for the purpose of providing services or products on the Platform and the safe use of the Website.

10.5. References to any companies or individuals on the Company's Website are not advertising or an attempt to damage their business reputation. Any mention or coincidence of facts is accidental.

11. CHANGES TO THE AGREEMENT

11.1. We reserve the right to:

a. modify, update or change this Contract and other documents of the Agreement.

b. modify, update or change the Website and Platform, including destroying content or discontinuing the provision of any feature of the Website or Platform; or

c. impose fees, charges or other conditions for the use of the Platform or its parts (with prior notice) (all of the above are referred to as "Changes").

11.2. We may make such Changes at any time without prior notice (except as provided in subsection (c) above). Any Changes to this Contract may be posted on the Company's Website or sent to you via notices or email to the email address specified in your Account. You agree to any Changes if you continue to use the Website and Platform after such Changes become effective.

12. SUSPENSION OR TOTAL OR PARTIAL TERMINATION

12.1. Access to the Platform may be suspended or terminated in whole or in part at any time either by the User or by us in accordance with the Terms and other documents constituting the Agreement. In addition, we reserve the right, at our sole discretion, to suspend or terminate immediately and without notice any User access to or use of the Account and the Platform if they violate any provision of these Terms. Your access to the Platform will be terminated automatically upon termination of your Account. Any claims for breach of these Terms shall survive such termination.

12.2. We may, at any time and in our sole discretion, limit, suspend or terminate, or issue a warning to you in relation to the Platform or Account, including termination of the Account (or certain functions thereof, such as sending and/or withdrawing funds associated with the use of Account and Platform), in particular if:

a. we believe it is necessary or desirable to protect the security of the Account;

b. if we become aware or suspect that the funds may be related to criminal proceeds or otherwise belong to you illegally;

d. we are unable to verify or certify any information you provide;

e. we decide to cease operations or otherwise terminate any services or options provided by the Platform or its parts;

g. we are being directed by any Public Authority under applicable law enforcement procedure;

h. our activities are otherwise governed by applicable law;

i. there is a critical market event that causes trading to stop; or

j. we, in our sole discretion, otherwise decide that it is necessary to terminate or suspend the Account, the Platform or the Terms or other documents that make up the Agreement.

12.3. The Company maintains full security of user data/information that may be transferred to Public Authorities in the event of suspension or termination of your Account as a result of fraud investigations, investigations of violation of the law or these Terms. We shall not be liable to you or any third party for any loss or damage incurred as a result of delay, transmission errors, technical failures or defects, breakdowns and tampering with or interference with the information provided and the services offered, or for any failure or delay in performance any applications or transactions using any Account. Likewise, we are not responsible for any loss or damage incurred as a result of delays, technical problems or malfunctions of the Website, the Platform or Account (including periods of maintenance work required by our systems).

13. MISCELLANEOUS

     13.1. These Terms, including the Privacy Policy and the Risk Statement, KYC/AML Policy and Cookies Policy constitute the entire and sole agreement between you and the Company with respect to the subject matter of these Terms and supersede all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, canceled or modified, except as provided by the Company in this document. Neither these Terms nor any rights, obligations or remedies under the Agreement may be granted, transferred, delegated or sublicensed by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense will be void. No waiver by either party of any breach or default under this Contract shall be deemed a waiver of any prior or subsequent breach or default. Any heading, heading or section title contained in these Terms is included for convenience only and does not in any way define or explain any section or provision of these Terms.

     13.2. The Russian translation is for reference only, in case of discrepancies between the English and Russian versions, the English version shall prevail.

14. GOVERNING LAW AND DISPUTES RESOLUTION

     14.1. These Terms and other documents constituting the User Agreement under these Terms shall be governed by the laws of the State of Delaware, USA.

     14.2. Any dispute arising in connection with or in relation to these Terms, other documents constituting the Agreement with the User, or in relation to the Platform, including any question regarding its existence, validity or termination, shall be resolved by the Parties through negotiations. If no agreement is reached, the dispute shall be referred to and finally resolved in accordance with the laws of the State of Delaware, USA.

15. ADDRESS AND DETAILS OF THE COMPANY

Name of the company

Torus Finance Group LP

Registration number of the State of Delaware

6553479

Registered office address

16192 Coastal Highway, Lewes, County of Sussex, State of Delaware

Company’s e-mail

[email protected]

 

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