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| | | Foreword | |
| | | These Terms and Conditions('T&Cs') constitute and govern the relationship between:
Go Beyond Ltd, a company duly registered under Maltese law, having registration number C-28207 and having its registered address at 167, Merchants Street, Valletta, VLT 1174, Malta being the owner of this website, hereinafter referred to as 'Go Beyond'; and you, as the viewer of our website, hereinafter referred to as “the Customer” or “You”. | |
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| | | Definitions: | |
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| | 1 | The following words and terms, should be interpreted as follows, unless, the context clearly implies otherwise. - “Account Holder” shall mean a User having a Customer’s Account
- “Confidential Information” shall mean all the information and content of the Site provided to the Account Holder.
- “Content of the Site” includes all and any information, details,designs, software and any other material on the Site.
- “Customer’s Account” shall mean a personal account opened by an individual and maintained by Go Beyond as to allow this person to effect payments for Product/s.
- “Login and Password” shall mean the login name and password details that are chosen by a User upon registering for a Customer’s Account.
- “Product” or “Products” shall mean any one or all of the services offered by Go Beyond Ltd.
- “Site” shall mean www.go-beyond.biz
- “User” or “Users” shall mean any person or persons using the Site.
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| | | General Provisions | |
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| | 2 | Applying for the Go Beyond Ltd. products by means of the site www.go-beyond.biz and/or utilizing the Site, the information, materials and links in it, is solely upon the terms and conditions set out below, hereinafter referred to as “T&Cs”.
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| | 3 | You should read these terms and conditions carefully. If you are uncertain as to the effect of any of the clauses herein, you should either contact info@go-beyond.biz or discontinue your use of the Site. | |
| | 4 | If you continue the use of the Site you are agreeing to comply with and be bound by the following terms and conditions of use. | |
| | 5 | Go Beyond hereby reserves the right to suspend, add, end, amend and/or supplement these T&Cs from time to time as it may deem appropriate by giving no further notice other than posting the most updated and current terms and conditions on the Site. Any such changes shall be deemed effective as soon as they are posted on the Site. If you refuse to be bound by those modifications, you shall immediately cease use of the Site. | |
| | 6 | Applying for the Go Beyond Ltd. products by means of the site www.go-beyond.biz and/or utilizing the Site, the information, materials and links in it, is solely upon the terms and conditions set out below, hereinafter referred to as “T&Cs”. | |
| | 7 | These T&Cs are not intended to create any partnership, agency or joint venture between Go Beyond and You. | |
| | 8 | You acknowledge that these T&C’s are not exhaustive. Any Product/s may be subject to additional terms and conditions, which should be construed together with these T&C’s unless the context clearly implies otherwise. | |
| | 9 | These T&C’s are complemented with Go Beyond’s Money Laundering Policy (click here) and Private Policy (click here). You agree to adhere to both policies. | |
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| | | Registration | |
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| | 10 | In order to avail yourself of the Products offered by Go Beyond, you shall open a Customer’s Account. | |
| | 11 | Go Beyond shall not permit a person to have a Customer’s Account unless that person is registered with Go Beyond. Go Beyond shall only register a person as an Account Holder after the application provided by Go Beyond is filled in and which shall at least include the following details and shall present the following documents:
- the Buyer’s identity (accompanied by proof of identity such as a copy of identity card, passport copy or driving license);
- the Buyer’s place of residence (accompanied by proof of player’s residence such as a utility bill).
- the Buyer’s valid e-mail address.
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| | 12 | Go Beyond has full discretion to accept or refuse a request for registration. | |
| | 13 | If Go Beyond becomes aware that a person has provided false information in this respect, Go Beyond shall not register such person and where that person has already been registered, Go Beyond shall immediately cancel that person’s registration. You also agree to update this information should there be any changes to the personal data provided. | |
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| | | Password Security | |
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| | 14 | It is the Account Holders’ responsibility to ensure they keep their Login and Password provided on registration confidential. Any transactions made on-line under the Account Holders’ Login and Password will be regarded as valid, irrespective of who actually undertook the transaction. In the event that there is concern that the secrecy of such details is no longer the case, the Account Holder should notify GO Beyond immediately whereupon new details may be forwarded and any future transactions under the previous details would be considered void. | |
| | 15 | Go Beyond is in no way responsible for the eventual access to a Customer’s Accounts by a third person and will not be held responsible for any eventual loss suffered due to the illicit use of a Customer’s Accounts by a third person, of unauthorized access, and/or for any transaction in with the Login and Password of an Account Holder. | |
| | 16 | Go Beyond is in no way responsible if the Account Holder forgets, misplaces, or loses his/her password. | |
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| | | Payments | |
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| | 17 | By means of the Site you can apply for Go Beyond Product/s and effect payments. | |
| | 18 | In order for you to effect payments, you must first have registered with Go Beyond and obtained a Customer’s Account. | |
| | 19 | All payments must be effected in the currencies available on the Site and must be from a payment source on which the User is the named Account Holder. | |
| | 20 | Buyers may only use their own credit / debit card in their own account. | |
| | 21 | Go Beyond shall have a right to take any measures and adopt any procedures to obtain the verification of identity of a card holder. If such evidence is not obtained, or where Go Beyond knows or suspects that the transaction may be related to money laundering or the funding of terrorism, Go Beyond shall not proceed with such transaction and shall have the right to close such Account Holder’s account and shall have the right to disclose details of such transaction to the Financial Intelligence Analysis Unit in Malta. Anti-Money Laundering Policy (click here) | |
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| | | Account Holder’s Insolvency | |
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| | 22 | Go Beyond reserves the right to verify the financial solvency of any Account Holder, through the information furnished by means of the application and through third parties. In the event that such an Account Holder’s insolvency is verified, then Go Beyond shall have the right to terminate/close down the Customer’s account and prohibit the Account Holder from applying for any of its products. | |
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| | | Fraudulent Activity | |
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| | 23 | Go Beyond has a zero tolerance policy towards fraudulent activity. If, in Go Beyond’s sole determination, the Account Holder is found to have attempted to defraud Go Beyond including but not limited to payment fraud, or if Go Beyond suspects the Account Holder of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), Go Beyond reserves the right to suspend and/or close the Customer’s Account and to share this information (together with Account Holder’s identity) to other sites, banks, credit card companies, and appropriate agencies. | |
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| | | Use of the Site | |
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| | 24 | The Site may only be used for lawful purposes and in accordance with applicable laws and regulations, including but not limited to Your local law. Use of the Site for transmission, distribution, publication or storage of any material on or via the Site which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Site or the transmission, distribution, publication or storage of any material on or via the Site in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libelous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law. | |
| | 25 | Go Beyond reserves the right to deny and/or suspend your access to the Site or any part thereof, if your use of the Site is, at the discretion of Go Beyond, deemed abusive, excessive or against the interests of any other Users. | |
| | 26 | You shall not: - use any computer code, program or routine to extract or to attempt to extract any part of the database, including but not limited to all postings of the Site;
- post any material containing any virus or other computer programming routine which may damage or interfere with the Site;
- use the Site in such a way that You cause the whole or part of it to be interrupted, damaged, rendered less efficient or in any way impaired.
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| | 27 | You acknowledge that you shall follow all instructions given to You by Go Beyond on the use of the Site and the information and materials therein. | |
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| | | Services | |
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| | 28 | Go Beyond offers service and software “as is” with no warranties, assurances, engagements, or any declaration, explicit or implied, legal or other. Go Beyond hereby excludes all terms, conditions, and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of service and of the software in respect to the failure to respect governing rules and laws. | |
| | 29 | Without limitation to the immediate preceding clause Go Beyond does not guarantee that :
- the Site will always be fully operational or error free. Go Beyond shall not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data or consequential losses arising from Your use of or inability to access the Site;
- the Site meets Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available as well as any downloads available on the Site are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by You through the Site.
- Go Beyond assesses or endorses any of the material submitted to it and/or posted on the Site including the accuracy or reliability of any text, information, data, photographs, graphics, advertisements, promotions, representations, statements or other material whatsoever.
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| | 30 | Go Beyond reserves the right to withdraw temporarily or permanently the Site, or part thereof, with or without prior notice. | |
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| | | Links to Third-Party Web Site | |
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| | 31 | Go Beyond may provide hyperlinks to third-party web sites as a convenience to Users of the Site. Go Beyond does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Go Beyond does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Go Beyond will have no liability to any entity for the content or use of the content available through such hyperlink. | |
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| | | Confidential Information | |
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| | 32 | You shall keep and procure to be kept secret and confidential all Confidential Information disclosed by Go Beyond by means of the Site. You shall not use or disclose the same save with the prior written consent of Go Beyond. | |
| | 33 | You shall establish and maintain such security measures and procedures as are reasonably practicable to provide for the safe custody of the Confidential Information provided by Go Beyond and in your possession and to prevent unauthorized access to or use of that Confidential Information. | |
| | 34 | Nothing in this Agreement shall confer any right, title, interest or License on to You in relation to any Confidential Information. You shall not use such Confidential Information nor reproduce such Confidential Information in whole or in part in any form except as may be allowed by Go Beyond. | |
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| | | Intellectual Property | |
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| | 35 | Without the specific authorisation of Go Beyond:
- No one is authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise alter the Content of the Site, or create derivative works form its content.
- No one is authorised to use decompile, reverse, engineer, dissemble, rent, lease or loan the display of any trademarks/marks, including the Go Beyond mark within the Site
- Any unauthorised downloading or copying of any material contained in the Site as well as the design of the Site itself may be considered as a violation of applicable intellectual property rights
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| | 36 | You acknowledge that Go Beyond has an irrevocable, perpetual and royalty-free licence to use the materials within the Website and in any other manner including materials posted by you. The licence extends to copying, distributing, broadcasting and otherwise transmitting, adapting and editing such materials. Go Beyond may use such materials in its sole discretion and may remove them from the Website at any time without notice to You. | |
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| | | Disclaimer & Limitation of Liability | |
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| | 37 | You acknowledge and accepts that Go Beyond does not in anyway whatsoever provide investment advice. It is Your duty and obligation to obtain all the information You deem necessary for the purpose of making any investment decision whatsoever.
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| | 38 | Go Beyond makes every effort to maintain the accuracy of the information on this website but cannot accept responsibility for any prejudice, loss or damage which may occur from use of the information. Go Beyond does not guarantee that the information provided on the Site is true and/or accurate. You shall verify the accuracy and completeness of the information before making any decision whatsoever. | |
| | 39 | Go Beyond shall in no event, nor under any circumstances, be liable for any damages or losses that are deemed or alleged to have resulted from or caused by the Site or its Content, including, without limitation, delays or interruptions in operation or transmission of funds, communications lines failure, any person's use or misuse of the Site or it's content, or any errors or omissions in content.
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| | 40 | No responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters: - Mistake(s), misprint(s), misinterpretation(s), mishearing(s), misreading(s), mistranslation(s), spelling mistake(s), fault(s) in reading, transaction error(s), technical hazard(s), registration error(s), manifest error(s), Force(s) Majeure and/or any other similar mistake(s)/error(s);
- Content of any material posted on the Site;
- Any transaction entered into by Yourself with any other person;
- Violation of the Go Beyond Rules;
- Criminal Actions;
- Advice, in whichever form this is provided Go Beyond;
- Financial risk and loss, including, but not limited to variances in exchange rates; and/or
- Legal actions and/or other remedies.
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| | 41 | In accepting the terms of this Contract, you are bound to integrally indemnify, defend and exonerate Go Beyond, on demand of any complaint, responsibility, damage, loss, cost or expense, including but not limited to all legal fees and/or expenses or others that Go Beyond shall bear as a result of breach of these T&C’s, a violation of Go Beyond’s laws, rules and or rights or of those of a third party, to any use of the Site with your login, whether it be with your knowledge or without it. | |
| | 42 | If you fail to adhere to any of the conditions of these T&C’s or if we reasonably suspect that you are failing to comply with any of the conditions of this Contract, Go Beyond reserves the right, and all remedies at its disposition. | |
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| | | Customer's Support | |
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| | 43 | Users may address their queries via email on info@go-beyond.biz and/or via phone on +336 07 26 45 68, +41 7 97777457 or +356 21 247000. | |
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| | | Applicable Law | |
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| | | These T&Cs shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of the country of Malta for the settlement of any disputes arising out of concerning this agreement. | |
| | 45 | Any dispute or difference arising out of or in connection with these T&Cs shall be determined in Malta in accordance with the laws of Malta by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Chairman or Deputy Chairman of the Malta Arbitration Centre. | |
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| | | Severability | |
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| | 46 | If any provision contained in these T&Cs shall be held by any court or other competent authority to be void or unenforceable in whole or in part, these T&Cs shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. | |
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| | | Headings | |
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| | | Headings are intended for clarity and to facilitate reading of these terms and conditions. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind Go Beyond in any manner whatsoever.
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| | | Waiver | |
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| | | Any waiver by Go Beyond of any breach by any User of any provision of these T&Cs shall not be considered as a waiver of any subsequent breach of the same or any other provision of these terms and conditions.
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