TERMS AND CONDITIONS

Introduction

These terms and conditions (“Terms”) govern your use of this website and apply to your purchase of products and services (the “Products” and the “Services” respectively) from Turbo VPN Inc. through this website.

Acceptance of Terms

Turbo VPN Inc. provides the Products and Services available to you through this website. By using this website, or ordering the Products or the Services offered by Turbo VPN, you accept these Terms in full and without reservation. Access to and use of the website, the Services and the Products are provided to you subject to your acceptance and compliance with the Terms. It is your responsibility to review the Terms regularly.

In addition, when using the website, Services or Products, you will be subject to any posted guidelines or rules applicable, which may be posted from time to time. All such guidelines or rules shall be incorporated by reference into these Terms.

If you disagree with these Terms, or any part of these Terms, you must not use this website. You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age.

Restricted access and Registration Obligations

Access to the Products, the Servics and certain areas of this website is restricted. Turbo VPN Inc. reserves the right to restrict access to certain areas of this website and the Services, or at our discretion, this entire website. Turbo VPN Inc. may change or modify this policy without notice.

To place an order for the Products and Services, you are required to complete the registration process to create an account and select and register a unique user ID and password. Your account, user ID and password are specific to you and may not be shared or transferred to any other person. If Turbo VPN Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. Turbo VPN Inc. may disable your account at Turbo VPN Inc.’s sole discretion without notice or explanation.

During the registration process, you will provide us true, accurate, current and complete information about yourself. You will maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, accurate, not current or complete, or Turbo VPN Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Turbo VPN Inc. has the right to suspend or terminate your account and refuse any and all current future use of the Services or the Products by you.

License to use website

Unless otherwise stated, Turbo VPN Inc. and/or its licensors own the intellectual property (defined below) rights published on this website. Subject to the license below, all these Intellectual Property rights are reserved. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not:

• republish material from this website in neither print nor digital media or documents (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website – except for content specifically and expressly made available for redistribution; or
• republish or reproduce any part of this website through the use of iframes or screenscrapers.
• Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Turbo VPN Inc. or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website without Turbo VPN Inc.’s express written consent. This includes:

• scraping
• data mining
• data extraction
• data harvesting
• ‘framing’ (iframes)
• Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of Turbo VPN Inc.

Acceptable use

In addition to complying with these Terms, you agree to use this website, the Services, the Products and materials on this website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the internet by their residents.

Potential users of this website, the Services, or Products in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this website illegal; are unauthorized to use this website, the Services or Products.

You agree not to use this website, the Services, or Products in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

Turbo VPN Inc strictly prohibits the use of this website, the Services, or Products for piracy, copyright infringement and/or torrent use. The use of this website, the Services or Products for any of the aforementioned purposes may result in termination of the account.

Price and Payment Terms

The total price and all other related charges for the Products or the Services will be set out in the purchase receipt. Prices offered or advertised do not include, shipping, handling, or applicable taxes, which will be added to the price you pay. Turbo VPN Inc. will provide confirmation of your order to the email address you provided during the registration process.

All payment and credit terms are within Turbo VPN Inc.’s sole discretion and will be as specified during your purchase process. Unless otherwise specified, payment must be made in full and received by Turbo VPN Inc. prior to Turbo VPN Inc.’s acceptance of an order for the Products or the Services.

Advertisements on this website are invitations to you to make offers to purchase Products and Services and are not offers to sell. A properly completed order on this website by you constitutes only your offer to purchase the Products or the Services in your order, even if Turbo VPN Inc. has processed payment for such offer. Your order will be accepted only if and when Turbo VPN sends a shipping notice email to the email address you provided during your registration or order process. If Turbo VPN Inc. does not accept your order in whole or in part, Turbo VPN Inc. will refund any amounts paid by you to Turbo VPN Inc. for the order or part of the order not accepted.

Any price offers or advertisements given by Turbo VPN Inc. will be valid for the period stated on the offer or advertisement, except that Turbo VPN Inc. reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer or advertisement.

Unless you provide Turbo VPN Inc. with a valid tax exemption certificate applicable to the Products shipping destination prior to acceptance of your order by Turbo VPN Inc., you are responsible for all goods and services and harmonized sales taxes, and all other taxes associated with the order, except taxes on Turbo VPN Inc.’s net income. Separate charges for taxes will be shown on the order invoice.

Shipping and Title

Turbo VPN Inc. will arrange delivery of the Products and Services to your address using the process set out in your order, or otherwise any other carrier selected by Turbo VPN Inc. Orders for multiple Products may be shipped separately.

Title and risk of loss to tangible products passes to you upon delivery to the carrier, except for licensed products such as software. Any licenses to the Products or in relation to the Products are subject to the Terms of such licenses, and you must agree to such Terms to use your Products.

Unless expressly set out in your order, Turbo VPN Inc. does not provide insurance on Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. Turbo VPN Inc. will inform you of estimated shipment dates but is not liable for any delivery delays or failure to ship by the estimated due date, including without limitation as a result of events beyond Turbo VPN Inc.’s or its shippers’ reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.

Returns and Exchanges

If for any reason you are not completely satisfied with the Products you have purchased, you may return it within 30-days of receiving the Products.

To return the Products, you must ship the Products to Turbo VPN Inc. in their original packaging and condition, pay shipping charges and accept the risk of loss or damage during shipment. Turbo VPN Inc. will not ship a replacement or exchange until the returned Products is received. The returned package must contain a copy of an original purchase receipt that shows the price of the returned Product(s).

Refunds on offers or purchases made with a credit card will only be credited to the same card.

Cancellation Procedure

Turbo VPN Inc. assumes that once you sign up for our paid monthly subscription, you understand and accept the services we provide. Refunds on previous months’ services are not granted under any circumstance. You may cancel your paid subscription at any time prior to your next billing date, simply by logging into the member’s area. To do so, go to https://turbobeacon.com/account/ to cancel subscription.

Products and Services Changes

The Products and the Services may change or be discontinued at any time. Turbo VPN Inc. will deliver Products and Services that have similar characteristics of the Products and Services you ordered, but minor changes between what is delivered and what is described online are possible. Turbo VPN Inc. may ship Products or provide you with Services with minor specifications changes, provided that there is materially the same functionality, performance and characteristics of the ordered Products and Services.

Products may differ slightly from how depicted in any illustrations, photography or descriptions on this website. Turbo VPN Inc. has made every effort to display as accurately as possible the colours of Products as they appear on this website. However, as the actual colours you see will depend on photographic processes and your screen, Turbo VPN Inc. cannot guarantee that your screen’s display of any colour will be accurate.

Pre Order Procedure

Turbo VPN Inc. may provide a preorder option for the Products to ensure Users have access as soon as possible. Users will be required to provide credit card information during the preorder process, and will be charged for their pre-order immediately. If the order processing period exceeds 120 days from the preorder date, the order may become void at the request of the User, and a refund may be initiated.

Disclaimers – Cautions and Restrictions

As a condition of your use of this website, the Products and Services, you acknowledge and accept that we do not control – nor are we responsible for – any data, content, services, or products (including software) that you access, download, receive or buy while using this website, the Products or the Services.

You acknowledge and understand that the Products and Services are being primarily marketed and offered to you as an optimized Virtual Private Network (“VPN”) privacy solution, offering selective, private browsing through proxy technology in a manner that optimizes your internet browsing experience in terms of speed and downloading time, and that our technical support for anonymization with respect to specific domains is, will  be, and/or has been, offered to you for the sole purposes of selectively anonymizing your IP address, in accordance with the standards of the VPN industry, in a manner that will optimize your internet browsing experience in terms of speed and download times ( for example, to ensure that VPN proxying does not incidentally impair the speed of delivery of content that is being offered to you by a third party through that party’s content delivery network). Accordingly, you acknowledge and agree that we are not in a position to determine your particular reasons for using the Products or the Services, other than for the generalized motivation to selectively anonymize your internet browsing while optimizing your browsing for speed of download.

You further acknowledge and agree that we are not in the position to determine whether you are particularly using the Products and Services to facilitate contractual relations with any particular third party. Accordingly, you acknowledge and agree that using the Products or the Services to facilitate and optimize your private access to any third party services and/or content is solely at your own risk and discretion. Turbo VPN Inc. is not responsible for any breach of any third party agreements by you resulting from your use of this website, the Services, or the Products.

We are not a publisher of third party content accessed through this website, the Services, or Products, and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties, as accessible through this website, the Services, or the Products. You are responsible for paying all fees and charges of any third party vendors whose sites, products, or services you access, buy or use via this website, the Services, or the Products.

Having regard to the foregoing, you acknowledge and agree that the technical support we offer in respect of selectively anonymizing your IP address for particular domains is strictly offered for the purposes enunciated herein these Terms, and should not be, and will not be, interpreted by you as an endorsement by us of any particular domain’s services and/or content, nor should such technical support be interpreted by you as an inducement from us to engage in contractual relations with any third party.

Disclaimer – Privacy

Though we offer selectively private browsing options through the Products and Services, you acknowledge and understand that the extent of privacy offered through the Products or the Services is solely determined through the manner by which you choose to use the Products or the Services.

If you choose to use the Services or Products to access web sites, services, or content from parties that require your personal information in order to access their services and/or content, you acknowledge and agree that we cannot be made responsible and/or liable by you for any personal information that you provide to a third party in order to access their services and/or content.

How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies (if any), and not ours. Accordingly, you understand and agree that we have no responsibility for, and knowledge of, third party privacy policies, nor do we have responsibility for, and knowledge of, their or your compliance with such policies.

Disclaimer – Legal Notices

As a condition of your use of the website, Services and the Products, you further acknowledge and accept that we are bound to comply with any and all legal notices that may be delivered to us, whether from private or public sources, including, but not limited to, any legal notices relating to applicable statutes and regulations.

Pursuant to the delivery of any legal notice, we may be required to block access through the Services or the Products to certain information, transmissions, third party services, products, or domains in order to protect the Services, our network, the public, and our users. Accordingly, you acknowledge and agree that our compliance with legal notices under such circumstance shall not constitute grounds for your launching any legal or arbitration action against us, nor shall such compliance under these circumstances entitle you to any refund, particularly where the Services are otherwise functional with respect to any other domains and other selectively privatized browsing uses.  At all times, whatever the circumstances, our termination and refund policies will apply.

Accordingly, if, for any reason, the Services or the Products are discontinued in order to comply with legal notices or any applications of law, you agree that any such discontinuation for reasons of our legal compliance, and/or for reasons of limiting any legal liability, will be treated by you as a normal cancellation of service,  effective on the date of such discontinuation of service, at which point our termination terms and refund policies will apply as if you had initiated the cancellation at that date.

Disclaimer – General

Use of this website, the Services and Products is at your sole risk. This Website, the Services and the Products are provided on an “as is”, “as available” basis. Neither Turbo VPN Inc., its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers make any warranty or condition of any kind, whether express or implied, regarding this website, the Products or the Services, and Turbo VPN Inc. specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.

Turbo VPN Inc. make no warranties or conditions regarding the quality, reliability, timeliness or security of this website, the Products or the Services, or that this website, the Products or the Services will be uninterrupted or error free. Turbo VPN Inc. makes no representations or warranties in relation to this website, the Services, the Products or the information and materials provided on this website. Turbo VPN Inc. assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of this website, the Services, or the Products, even if you have paid for virus protection services.

The access to and downloading of material from this website is done at your own risk. Turbo VPN Inc. makes reasonable efforts to ensure that this website, the Products and Services are virus-free, but Turbo VPN Inc. does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this website, the Products or the Services.

Limitations of Liability

In no event will Turbo VPN Inc. be liable to you for any direct, indirect, consequential, incidental, special compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these Terms, the use of this website, the Services, or the Products.

Turbo VPN Inc. will not be liable for any actual or alleged infringement by any third party materials available through this website, the Services, or the Products. In no event will the cumulative liability of Turbo VPN Inc. parties arising out of or related to these Terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

The forgoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, claim or liability is based upon breach of contract (including without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Turbo VPN Inc. in respect of any:

• death or personal injury caused by the negligence of Turbo VPN Inc. or its agents, employees or shareholders/owners;
• fraud or fraudulent misrepresentation on the part of Turbo VPN Inc.; or
• matter which it would be illegal or unlawful for Turbo VPN Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Indemnity

You hereby indemnify Turbo VPN Inc. and undertake to keep Turbo VPN Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Turbo VPN Inc. to a third party in settlement of a claim or dispute on the advice of Turbo VPN Inc.’s legal advisers) arising from, connected with or relating to your use of this website, its contents or materials, the Services, the Products, your negligence, misconduct or incurred or suffered by Turbo VPN Inc. arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of the Terms

Without prejudice to Turbo VPN Inc.’s other rights under these Terms, if you breach these Terms in any way, Turbo VPN Inc. may take such action as Turbo VPN Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Reasonableness

By using this website, the Products or the Services you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Intellectual Property

This website, its content, the Products and all logos, trademarks, trade secrets, images, text, illustrations, designs, icons, video, audio, software, podcasts, documents and other material on the website (collectively “Intellectual Property”), are protected by copyright and trademark law in various jurisdictions, as well as other federal, state or provincial laws and regulations.

The Intellectual Property, unless otherwise indicated, is the sole and exclusive property of Turbo VPN Inc. Your use of this website, the Products or the Services do not grant you any rights in or title to the Intellectual Property. Turbo VPN Inc. reserves the rights to pursue legal action and seek appropriate remedies available at law and in equity for any infringement, unauthorized use, misappropriation or copying of its Intellectual Property. Any rights not expressly granted herein are reserved.

Hyperlinks

Hyperlinks on this website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Turbo VPN Inc. has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.

User content

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Turbo VPN Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Turbo VPN Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Turbo VPN Inc. or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Turbo VPN Inc. reserves the right to edit or remove any material submitted to this website, or stored on the servers of Turbo VPN Inc., or hosted or published upon this website. Turbo VPN Inc.’s rights under these Terms in relation to user content, Turbo VPN Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Other parties

You accept that, as a limited liability entity, Turbo VPN Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Turbo VPN Inc.’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Turbo VPN Inc.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Turbo VPN Inc.

Variation

Turbo VPN Inc. may revise these Terms from time-to-time at its sole discretion. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Turbo VPN Inc. may transfer, sub-contract or otherwise deal with Turbo VPN Inc.’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms together with Turbo VPN Inc.’s Privacy Policy constitute the entire agreement between you and Turbo VPN Inc. in relation to your use of this website, the Products and the Services and supersede all previous agreements in respect of your use of this website, the Products and the Services.

Relationship between you and Turbo VPN Inc.

The relationship between Turbo VPN Inc. and you will be that of independent contractors. Neither us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or the use of this website, the Products or the Services.

Law and jurisdiction

These Terms will be governed by and construed in accordance with the laws of St. Michael, Barbados, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of St. Michael, Barbados.

The foregoing does not, however, preclude Turbo VPN Inc. from seeking injunctive relief in other jurisdictions when necessary to protect its interests.

Refund and Turbo VPN Inc.

The full name of Turbo VPN Inc. is Turbo VPN Inc. If you have any questions about these Terms, the practices of this website, the Products and the Services, or your dealings with this website, the Products and the Services, please contact us at: Turbo VPN Inc, L’Horizon, Gunsite Road, Brittons Hill, St. Michael, Barbados BB14027 or by email at hello (at) turbobeacon (dot) com

This document was updated July 12, 2016