Please read these General Terms and Conditions carefully before using the website at: www.protecturo.com (called “website” and “the website” for brevity hereinafter below). These General Terms and Conditions represent an Agreement between you and the owner of the website PROTECTURO LTD., UIC: 204044099, by virtue of which you receive the right for using the website’s services for the purposes you desire, upon observation of the conditions specified hereinafter below. These General Terms and Conditions are of binding force only regarding the relations between you and PROTECTURO LTD. By using this website, you provide explicit consent to be bound by these General Terms and Conditions and all introduced future changes, and you are obligated to observe them.
Please read carefully these General Terms and Conditions, and in the event you do not agree with them, please do not use this website.
GENERAL TERMS AND CONDITIONS
for use of products and services provided by the website https://www.protecturo.com
Article 1. By using any part if this website, you declare you are familiar with these General Terms and Conditions along with the obligations to observe and accept them entirely and unconditionally.
Article 2. The website owner, respectively the offered services supplier is PROTECTURO LTD., UIC: 204044099.
Article 3. These General Terms and Conditions may be amended at any time by PROTECTURO LTD., not requiring explicit prior notice.
Article 4. (1) The services offered by the website also serve as access to „Charon Messenger”, representing a complex software system, accessible to clients in specially constructed web environment, as well as an application, which may be downloaded and installed by the client on a platform or device selected on his/her part.
(2) Via the website, the registered users can execute electronic statements in connection with the purchase and delivery of „Hermes Mobile Phone” and „Protected eSIM”.
(3) PROTECTURO LTD. sends the registered users, having directed an order via the interface on the webpage, „Hermes Mobile Phone” and „Protected eSIM”, undertaking to observe all legal provisions.
(4) С By using the website’s services, you declare you are informed you may use „Charon Messenger”, „Hermes Mobile Phone” and „Protected eSIM”, only upon payment of the monthly subscription specified for the service, consenting to this, and in the event of failing to pay the monthly subscription, disallowing access to the provided services, you cannot have any financial or other claims against the website and/or PROTECTURO LTD.
Article 5. All clients directing an order for purchasing of software and products offered on the site, must be over 18 years of age and must be legally competent when registering on the website. We reserve the right to require proof of age from each client and block his/her account, until provision takes place of the requisite documents.
(2) The clients hereby declare that the payment means used on their part represent their own property, and in the event of claim on part of the payment means’ holder we may require a document certifying consent for executed payment and may block the user’s account, until presentation of the requisite documents and clarification of the case.
Article 6. (1) The use of „Charon Messenger”, „Hermes Mobile Phone” and „Protected eSIM” may be executed in one of the following modes:
(2) In order to use the product provided on our part, the client must have purchased in advance „Hermes Mobile Phone” and „Protected eSIM”, and must have paid his/her monthly subscription for the services we offer.
(3) PROTECTURO LTD. shall not be liable for direct or indirect losses or lost benefits, arising from use of the software on a platform differing from the recommended platforms.
Article 7. (1) The user concludes a remote sales-purchase agreement for the product, offered by PROTECTURO LTD. via the online store at www.protecturo.com.
(2) The agreement between the company and the recipient of the service shall be deemed concluded from the moment when the user fulfils all conditions for completion of his/her order.
(3) Pursuant to the provisions of the remotely concluded sales-purchase agreement for goods, PROTECTURO LTD. undertakes to deliver and transfer to the user ownership over the goods purchased on his/her part, after the user pays the specified final price of the order, as well as the price of delivery.
(4) The user shall have the right to c upon inputting the information no later than directing the statement regarding the conclusion of the agreement.
(5) PROTECTURO LTD. delivers the goods and services specified on part of the user in line with the terms and conditions specified on the webpage www.protecturo.com.
Article 8. The information accessible for you on the website is intended only for your personal use, and its dissemination or commercial use is strictly prohibited.
Article 9. (1) The services, offered on the website, permit purchase and use of offered on our part „Charon Messenger”, „Hermes Mobile Phone” and „Protected eSIM”. Persons using the website’s services are aware and agree that payment of the service selected on their part, permits use of the product for a term of one calendar month, as of the time of confirming the executed payment for activation on part of PROTECTURO LTD., and in the event the service was interrupted or is being activated for the first time, then the activation may take up to several hours after the executed payment.
(2) Payment of sums for orders shall take place in one of the following modes:
Bank remittance to the following bank account:………………………………………
PayPal.
Credit/Debit card.
By purchasing of voucher from a physical store.
(3) A single order may not be paid in a manner combining the modes of payment specified herein above.
(4) If the client possessing active monthly subscription pays the service for the following month at least 12 hours prior to expiration of its term for use, then the said user can continue working without waiting for a new activation term.
Article 10. Upon placing an order, the client shall be notified regarding the costs related to the delivery and the subscription price of the goods, which shall be entirely to the client’s account.
Article 11. (1) The client hereby state and declare, they shall not use the website and platform in any manner, which causes or could cause damage to the website or harming access thereto, or in any manner, aiming illegal, fraudulent, or harmful action.
(2) The clients hereby state and declare, they shall not use the website, in order to copy, store, host, transmit, send, use, publish, or disseminate any materials, representing spy software, computer viruses, Trojan software, or any other malware.
(3) It is strictly prohibited for clients of the site and users of the software to conduct any systematic or automated activities related to data collection in connection with our website and the offered software, without obtaining our explicit consent provided in writing. You must not use our website for transmitting and sending unsolicited commercial communications. You must not use our website for any marketing related purposes, without obtaining our explicit consent provided in writing.
(4) In the event of breach of the provisions stipulated in this article, PROTECTURO LTD. reserves the right for terminating your access to the website and offered services, and shall not owe the return of any sums, and shall not owe compensation for suffered damages and lost benefits, resulting from said termination.
Article 12. The website’s operator assumes no liability regarding the operation of external factors, such as the availability of the web servers, used on our part or depending upon the operation of the internet providers, over which we do not have control. If due to such occurrences complete use of services we offer proves impossible, we shall not be held liable for said impossibility.
Article 13. PROTECTURO LTD. shall not be liable for errors (including negligence) or breach of obligations or in any other manner for lost benefits, unforeseen losses, lost opportunities, loss of data or other special, indirect or consequential losses,
regardless of the fact whether such losses were known to the parties as of the date of these terms and conditions and rules.
Article 14. (1) The user has the right, without owing any compensation or default, and without stating reason, to repudiate the concluded agreement within a term of 14 days, as of the date of accepting the goods, undertaking to immediately inform PROTECTURO LTD., using the Standard form for exercising his/her right for repudiation, representing integral part of these General Terms and Conditions.
(2) The right to repudiate, pursuant to the provisions of Paragraph 1 shall not apply in the following cases:
(3) The user can exercise his/her right to repudiate the agreement, by directing written statement to PROTECTURO LTD.
Article 15. The clients agree, that after directing a purchase order for the proposed on our part monthly subscription and physical products, the clients have familiarized themselves with all operating conditions, have reviewed the product and cannot repudiate the directed order.
Article 16. (1) Upon exercising the right for repudiation of the agreement on part of the user, it must return the goods to PROTECTURO LTD. with good commercial appearance and packaging no later than 14-days after receiving the shipment.
(2) All costs pertaining to return of the goods on part of the user shall be entirely to his/her own account.
(3) The user undertakes to store the received goods and ensure preservation of their qualities, entirety, commercial appearance, and safety during the term specified in Paragraph 1, otherwise PROTECTURO LTD. reserves the right to reject return of the goods.
Article 17. (1) Regarding all other sold goods, application shall take place of the warranty obligations of PROTECTURO LTD. provided for by the law.
(2) The warranty shall not apply in the event of damage or fault, resulting from natural wear and tear, incorrect use, and from failure to observe the operating instructions or negligence.
(3) The warranty shall also not apply in the event the User repairs the goods himself/herself or at a service provider different from the one explicitly specified on part of PROTECTURO LTD.
Article 18. (1) After expiration of the 30-days term for elimination of the arising defect, upon claims related to the warranty liability, the user shall have a choice of requiring PROTECTURO LTD. to eliminate the shortcomings of the goods or to replace the goods with goods of the same type, characteristics and quality.
(2) In the event of lacking availability of such goods and if the User provides consent, PROTECTURO LTD. may replace the goods with goods of the same specifications, but of higher quality, and the user shall pay the price difference.
(3) The right of the User to repudiate the sales-purchase agreement, is applicable only after expiration of the term, envisioned for elimination/rectification of the defects.
(4) Upon executed replacement of the goods within the framework of the warranty liabilities of PROTECTURO LTD., a new warranty term shall not be envisioned for the replaced goods.
(5) The User shall enjoy all rights, arising from the legal warranty pursuant to the provisions of Article 103а et.al. of the Consumer Protection Act.
Article 19. (1) The User shall file claims for the purchased goods, under the warranty liability, declaring he/she is familiar with the replacement or repair term of the goods 30 days after receipt of the goods, and the user must obligatorily supplement the goods with a sales slip or invoice confirming proof of purchase.
(2) PROTECTURO LTD. has the right to decline execution of the desired replacement, if it establishes shortcomings caused by the user or resulting damage to the goods, as well as if the goods are not returned in their original packaging.
(3) PROTECTURO LTD. shall replace the purchased goods with other goods of the same type and quality. In the event the goods were sold subject to promotion or price reduction, the user has the right to replacement with other goods valued at the price actually paid on part of the user.
Article 20. (1) Use of the site’s services is prohibited for the purposes of breaching or circumventing the tax and fiscal legislation, as well as for executing actions connected to money laundering and/or financing of terrorism.
(2) The users declare they shall not use the website for copying, storing, hosting, transmitting, sending, using, publishing, or disseminating any materials, representing spyware, computer viruses, Trojans, or any other malware.
(3) The site’s users are strictly prohibited to conduct any systematic or automatic activities related to data collection in connection with our website and the offered product, without our explicit consent provided in writing. Use of our website is prohibited for any marketing related purposes, without our explicit consent provided in writing.
(4) In the event of breach of the preceding paragraph and/or when doubts are at hand regarding a stated operation, pursuing any of the purposes specified in the preceding paragraph, PROTECTURO LTD. has the right to terminate your access to the website and the software and to notify the competent authorities, providing them with the entire available information.
Article 21. PROTECTURO LTD. shall not be liable for damages resulting from provided software, faulty devices, internet connection, and/or other technical reasons, client behavior, as well as actions of third persons, performing illegal actions, or due to unforeseen or extraordinary circumstances;
Article 22. (1) Use of the site’s services is prohibited for the purposes of breaching or circumventing of the tax and fiscal legislation, as well as for actions related to money laundering and/or financing of terrorism.
(2) In the event of breach of the preceding paragraph and/or when doubts are at hand regarding a stated operation, pursuing any of the purposes specified in the preceding paragraph, PROTECTURO LTD. has the right to terminate your access to the website and the software and to notify the competent authorities, providing them with the entire available information.
Article 23. PROTECTURO LTD. has the right, based upon own discretion, without directing prior notice and not owing compensation, to terminate the agreement unilaterally, in the event the user utilizes the provided software in breach of these General Terms and Conditions or the legislation in Republic of Bulgaria, or the generally accepted rules and practices in the field of e-commerce.
Article 24. The User undertakes to compensate and release of liability PROTECTURO LTD. in the event of court action and other third person claims, for all damages and lost benefits, resulting from nonperformance of any obligation under this agreement, breach of the Copyright and Associated Rights Act, and falsely declared data on part of the user.
Article 25. PROTECTURO LTD. shall not be liable in the event of force majeure, delay of courier company, delay of banks, payment systems, technical or other reasons.
Article 26. PROTECTURO LTD. shall not be liable in the event of overcoming the security measures of the technical equipment, leading to loss of information, dissemination of information, access to information, limited access to information, and other similar effects.
(2) PROTECTURO LTD. shall not be liable in the event of provision of access to information, loss or change of data resulting from false identification of third person, or malware.
Article 27. (1) The site’s contents are protected by international copyrights and other associated rights. PROTECTURO LTD. owns these rights.
(2) Each product, name and logo, specified on the site represents a trademark, or trade name property of PROTECTURO LTD.
(3) Save for actions required for using the site for the purposes specified in these General Terms and Conditions, no part of the site may be stored, modified, copied, published, transmitted, or disseminated, in any manner or method, or incorporated into another site, or another public or private electronic system or service, without obtaining our prior written consent.
Article 28. (1) PROTECTURO LTD. Has the right to modify the content and functionality of the website, reserving the right at any time to modify the current terms and conditions of use, notifying all clients entering the system after the executed modifications. If you do not agree with the executed modifications, you have the right to delete your profile by selecting the option „Forget me” under the entry form.
(2) The clients hereby state and declare they are familiar and upon selection of the function „Forget me”, the used services shall be discontinued immediately, and PROTECTURO shall not owe any sums for suffered damages and lost benefits resulting from this action.
Article 29. To contact us, you can use one of the forms provided at https://www.protecturo.com
These General Terms and Conditions were adopted on……………………….. and enter into full force and effect as of the same date.
Appendix № 6 to Article 47, Paragraph 1, Item 8 and Article 52, Paragraph 2 and 4 of the Consumer Protection Act /CPA/
STANDARD FORM FOR EXERCISING REPUDIATION RIGHT
To PROTECTURO LTD.
UIC: 204044099, registered seat and management address at: City of Sofia, Residential Quarter Studentski grad 3 Baku Street, Entrance А, Floor 1, Apartment 3.
I, hereby state and direct notification regarding the repudiation of the agreement concluded on my part for purchasing the following goods/services:
…………………………………………………. /product description/
The goods were ordered on ………………….
The goods were received on …………………. /indicate the date of receipt by the user/
………………………………………………………………………../User’s name/
City/Village……………………………………………………………. /User’s address/
………………. …………………………….
/Date/ /User’s signature/
The user has the right within 14-days term to repudiate remotely the agreement unconditionally, outside the commercial site, without paying any costs, save for the costs of delivery, in the event the user has selected a manner differing from the standard, most inexpensive mode of delivery selected on part of the trader, as well as the costs for reverse shipping of the goods.
The 14-days term shall commence to run on the date of:
Within 14-days term, after the stated desire to repudiate the agreement, the user must return the goods to the trader. Within 14-days term, as of the date of notification regarding the user’s decision to repudiate the agreement, the trader shall return all sums, received from the user, including the costs of delivery.