GENERAL TERMS AND CONDITIONS (last updated on 26 April 2011)

USE OF THIS TMX WEB SITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED IN THIS WEB SITE) AND THE SERVICES OFFERED BY TITANMONEYEXPRESS.COM ("TMX") ON TMX (COLLECTIVELY, THIS "WEB SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS Member AGREEMENT (THIS " Member AGREEMENT"). BY USING THIS WEB SITE OR, IF YOU ARE A REGISTERED Member, BY CLICKING ON THE "SUBMIT" BUTTON ON THE REGISTRATION PAGE: (1) YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS  Member AGREEMENT; AND (2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS  Member AGREEMENT.

Titanmoneyexpress.com (also referred to as "TMX") is a service provided by Titan Fianncial Group Ltd, an offhsore company registered in the Commonwealth of Dominica, West Indies and it's Subsidiary corporation in Republic of Panama as a Licensed Financial Services Coporation. TMX may change the terms and conditions of this Member Agreement at any time. You will find notification of any such changes in the Membership area of this Web site. You will be responsible for regularly checking this area and for reviewing any such changes. In addition, the current Member Agreement can always be found in the Membership area of this Web site. By using this Web site after any such changes take place, you agree to be bound by such changes. If you do not agree to be bound by any such changes, you must immediately stop using this Web site.

Where the word MEMBER is referenced in these Terms and Conditions and refers to a TMX account holder. NON-MEMBERS or ANY other USER of this site refers to ANYONE using TMX ecommerce services.

1.    Governing Law and Jurisdiction

Information related to your access or use of the Service, including, but not limited to, your personally identifiable information, are protected by IBC Act 10 of 1996 under the tax jurisdiction of the Commonwealth of Dominica. Such information shall be deemed, private, secure and protected and shall not be made known to any 3rd party source without prior consent of the relevant party or if so instructed by legal court order issued by any court of Commonwealth of Dominica.

This Member Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Dominica, without giving effect to any choice-of-law or conflict-of-law provision or rule that would cause the application of the laws of any jurisdiction other than such applicable in the Commonwealth of Dominica. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the provincial and federal courts located in the Commonwealth of Dominica, for any action or proceeding arising under or relating to this  Member Agreement, this Web site, or the use of, or reliance on, this Web site, whether based in contract or tort.

The parties have requested that these terms and conditions and all communications and documents relating hereto be expressed in the English language. Les parties ont exigé que cette entente ainsi que tout document s'y rattachant soient redigés dans la langue anglaise.

2.    Termination

These terms and conditions are effective until they are terminated by you or Titanmoneyexpress.com. You may terminate this Agreement at any time by contacting Titanmoneyexpress.com customer support to disable your account ID. These terms and conditions will terminate immediately without notice from Titanmoneyexpress.com if, in Titanmoneyexpress.com's sole discretion, you fail to comply with any material term or provision hereof or if Titanmoneyexpress.com believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Titanmoneyexpress.com and/or its affiliates.

TMX may at it's sole discretion retain any related monies, either from the rolling reserve account or additional amounts, to cover any refunds and or chargebacks on member account as it deems necessary. Any related monies left after the reserve period expired will be paid out to merchant upon TMX evaluation of any remaining debit risk on member account.

3.    Ownership and Copyright

You acknowledge and agree that all portions of this Web site including all content, site design, text, graphics, sofware systems and the selection and arrangement thereof is owned by Titanmoneyexpress.com or its content providers and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that this Web site contains data and information of a proprietary and confidential nature. You agree not to use this Web site (including such data and information) for any purpose other than as set forth in this Member Agreement and to use reasonable efforts to keep such data and information confidential.

4.    Trademarks

TITANMONEYEXPRESS.COM, Titanmoneyexpress.com, and the Titanmoneyexpress.com logo are unregistered trademarks of Titanmoneyexpress.com. Titanmoneyexpress.com's images, designs and style boxes are unregistered trademarks of Titanmoneyexpress.com. None of Titanmoneyexpress.com's trademarks, including but not limited to the foregoing, may be used for any purpose without Titanmoneyexpress.com's prior written consent. All trademarks not owned by Titanmoneyexpress.com are the property of their respective owners.

5.    Use of this Web Site

TMX account applicants must be 18 year or older to open a TMX account.

The use of this website and its contents is at the sole discretion of the User. The User is responsible to ensure that any and all terms and conditions are understood prior to the use of any such services provided by Titanmoneyexpress.com.

Although TMX attempts it's utmost to only contract with legitimate sellers and providers, TMX can by no way guarantee the sincere intentions or legitimate behavior of any 3rd party seller or provider. Users purchasing from any 3rd party seller making use of TMX (and or any 3rd party providers on the system) payment services, does this at User's own discretion and may not hold TMX liable for any losses or damages suffered due to any 3rd party error, this includes the services of integrated 3rd party service providers, gateway service providers and similar.

You may not use or print hard copies of this Web site for any use other than your personal, noncommercial use. Except as expressly set forth in this Member Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without Titanmoneyexpress.com's prior written consent. Such copies must include the wording:

6.    "Copyright © Titanmoneyexpress.com. All rights reserved."

Titanmoneyexpress.com shall have the right to: (i) restrict or prevent your access to this Web site (or any portion thereof) at any time without notice; or (ii) change or discontinue providing this Web site (or any portion thereof) at any time without notice. Titanmoneyexpress.com shall have no obligation to update this Web site or to correct any errors or omissions in this Web site.

TMX may require you to become a registered Member, pay certain fees, or comply with certain other terms and conditions before using certain portions of this Web site. In all such cases, this Member Agreement shall continue to govern your use of such portions of this Web site.

7.    Disclaimer of Warranties

THIS WEB SITE IS PROVIDED ON AN "AS IS" AND “WHERE IS” BASIS. TMX DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THIS WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

NEITHER TMX NOR ITS CONTENT PROVIDERS, WHICH INCLUDE ALL 3RD PARTY SERVICE PROVIDERS, WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THIS WEB SITE OR ITS CONTENT. NEITHER TMX NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE OR ITS CONTENT.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.

8.    Limitation of Liability

NEITHER TMX NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS  Member AGREEMENT, THIS WEB SITE, ITS CONTENT OR THE USE OF, OR RELIANCE ON, THIS WEB SITE OR ITS CONTENT, WHETHER IN CONTRACT OR TORT, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A BREACH BY TMX OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS  Member AGREEMENT.

TMX'S AND ITS CONTENT PROVIDERS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS  Member AGREEMENT, THIS WEB SITE, OR THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVEN UP TO AN AMOUNT NOT TO EXCEED $1,000.

NEITHER TMX NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT, EVEN IF TMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.

9.    Indemnification

You agree to indemnify, defend, and hold harmless TMX and its affiliates from and against any and all claims, liabilities, losses, costs, or damages of any kind (including but not limited to attorneys' fees) arising from or relating to: (i) your use of this Web site; (ii) your breach of this Member Agreement; or (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Forums (as defined below).

Users hold TMX harmless for any and all claims, demands and actual/consequential damages related to transaction(s) with said 3rd party/parties. TMX  services are provided "AS IS" without any warranty or condition.

It is every Users responsibilty to know their country legislation with regards to online shopping restrictions and prohibitions to purchase certain goods, products, services or similar and this is not the responsibility of TMX to educate or advise Users relating to such matters. Users shopping decisions, patterns and behaviours are at own free will and User's own discretion.

Any sale or transaction is strictly between the buyer and the seller and such terms of sale is agreed between these parties. TMX acts as the link to execute the will of these parties and is indemnified from any damages, losses or pending actions between such parties due to any dispute that might arise thereafter.TMX is not a party to any transaction between buyer and seller.

Members are responsible to update any profile changes directly on the system or to notify titanmoneyexpress of any changes that would have an effect on the Members existing account status and holds TMX blameless for any account problems that might result in losses due to failure to comply.

10.    Third-party Web sites, Links, and Information

This Web site may contain information, Services, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these Services, services, and links are provided only as a convenience to Members of this Web site.

TMX does not control this information or these Services, services, or web sites and TMX does not make any representations or warranties, express or implied, regarding this information or these Services, services, or Web sites. Inclusion of any of the foregoing in this Web site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with TMX with respect to any third party, any third party's Web site or its content, or any information, Services, or services provided by a third party.

Any business activities with such websites or services are deemed a willful agreement between the buyer and the seller and will not implicate TMX in any manner, directly or indirectly. TitanMoneyExpress cannot validate the truthfulness, accuracy or intention of any information displayed, provided or declared on any other site accept our corporate website.

11.    Disputes and Resolutions

TMX is by no means obligated to function as the intermediary between Members or Non-Members concerning transaction or any other disputes. TMX never becomes party to any sales transaction.

The parties are urged to redeem the situation between themselves. TMX reserves the right in the event that such a matter cannot be resolved amicably, to intervene and make a decision concerning the matter. Such a decision will be final and irrevocable and is made by TMX sole discretion.

12.    Privacy and Information Made Available by You

TMX may be disclosing the information provided by you only if and when the relevant party has given permission to do so in the form of an email or other written instruction.

No information are made available to any 3rd party without prior, written consent.

No information will be sold, disclosed or submitted to any 3rd party under any circumstances unless under legal court order.

In the case of a Dominican or Panamanian court order submitted on Titan Financial Group Ltd., any and all related information must be disclosed accordingly.

13.    Merchant Website(s), Authorization and Verification status

An AUTHORIZED website(s) is defined as any website(s) owned by the merchant where the legitimate ownership details of the merchant is clearly stated on the website. The merchant has a signed merchant agreement in place AND VERIFIED the application. The ownership details on the website must correspond with the details on the merchant agreement signed with titanmoneyexpess.com.

If the merchant is a VERIFIED Member such has the option to display a VERIFIED SEAL on the merchant website for identification purposes. A seal will be provided by titanmoneyexpress on the merchant's request. It is strongly advisable to use the seal but this is not compulsory. See the verification criteria here.

An UNAUTHORIZED website(s) is any website(s) where EITHER NO legitimate ownership details appear OR where the ownership details does not correspond with the merchant agreement details, IF any such agreement exists with TMX.

All UNVERIFIED merchant Members(and all subsequent web site(s)) are considered as "unauthorized" by this definition. No verified SEAL, logo or similar may be displayed or used on such website(s).

If the unauthorized website(s) are not owned by the original merchant entity a NEW merchant account in the name of the actual legal entity must be opened.

The merchant may not integrate the SCI, or any other pay solution offered by TMX, by offering any services, goods, advice or merchandise as is prohibited or restricted herein.  

14.    Definition of Member

The Member type refers to the Account Verification Status of the Member.

The following description will clarify the Member types:

View the Account Verification Requirements here

15.    Suspected Fraud Reports from gateway processor(s)

A fraud report happens when any online transaction activity was identified as suspicious to fraud or clearly identified as fraud through our various security measurements and protocols to combat online payment and identity fraud.

TMX responds to any and all fraud reports from the Member or issuing credit card gateway in the following manner:

  1. Member(s) of implicated account(s) are notified by email to redeem the situation by providing sufficient proof to the contrary within 24 hours of such email submission by titanmoneyexpress;

  2. In some cases the implicated accounts might be suspended during this time and no withdrawals will be processed. Pending withdrawals related to the case will be cancelled or put "on hold" till the matter was resolved;

  3. If the Member(s) that received the monies, do not respond or cannot provide sufficient proof within 24 hours the monies will be reversed and refunded back to the victim immediately. If the Member account(s) were suspended and sufficient proof was provided the account(s) will be restored for normal operations;

  4. Transaction charges levied by the system for any and all transactions implicated in illegal activities cannot be refunded or claimed by Member(s) afterwards.

16.    Chargeback's and Reversals from issuing banks or issuing processors

A chargeback or reversal is an action taken by any Member or Non-Member (customer) that made an online payment through our gateway, at one time or another in the past, toward another Member and then after some time the Member instigates a chargeback request or payment reversal request through the Member's issuing bank or processor.

Such a chargeback action might be legitimate or illegitimate.

A legitimate chargeback would be where a merchant did not perform or deliver the service(s) or product(s) in question to the satisfaction of the customer according to the terms of sale. An illegitimate chargeback (or malicious chargeback) would be where the merchant has indeed delivered the service(s) or product(s) to the customer according to the terms of sale and is able to provide adequate proof to support such delivery, yet the customer chargeback the payment for no apparent or legitimate reason.   

In the case of a chargeback or charge reversal report on a merchant account, the merchant will be duly notified to provide adequate proof of service delivery to titanmoneyexpress within 48 hours of such email notification for us to dispute the chargeback. In cases of a legitimate chargeback or reversal the monies will be returned to the customer that levied the charge back or reversal. In cases of an illegitimate request, the chargeback may be disputed by the merchant and will be reversed and credited to the merchant account once approved and processed by the issuing banks/processors.

TMX fees for all legitimate chargeback's and or reversals according to the current fee schedule and is non-refundable. This is due to the high penalties induced by our issuing banks/processors for such chargeback's or reversals.

In cases where TMX has to officially dispute any chargeback, the merchant surrenders it's privacy and offshore protection status given by TMX, since all merchant details will have to be disclosed to 3rd parties or banks involved in the dispute.

17.    All Online Account Opening from this website

Once a Non-Member opens an online account from this website the Non-Member agrees to the company terms and conditions of TMX setout herein.

All Merchant Account agreement terms are an integrated part of these company terms and is subject to all such terms.

Any online account application with evident fraudulent, fake information or incorrect email addresses may be deleted without any prior notice and the details blocked to prevent future account openings. Correct personal data must be used to open online accounts.

18.    Use of Escrow Payment services

Titanmoneyexpress will dispute any escrow transaction in cases where the parties involved are not able to resolve the conflict or dissatisfaction.

All such decisions are final and irrevocable. We strongly suggest that parties do everything possible to resolve this matter before referring the matter to titanmoneyexpress for dispute resolution

19.    Use of Bulletin Boards, Chat Rooms, and Other Forums

TMX does not make any representations or warranties regarding any bulletin boards, chat rooms, or other electronic forums made available on or via this Web site (collectively, "Forums") or any messages, information, or materials contained in the Forums. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials shall be at your sole risk. TMX shall use reasonable efforts to comply with its policies regarding the Conversations, as such policies may be changed by TMX from time to time (the "Forum Policy"). However, TMX does not, and cannot, review all of the information and materials provided in the Forums and shall not be responsible for the contents of any such messages, information, or materials. TMX reserves the right to delete, move, or edit any such messages, information, or materials that it determines, in its sole discretion, violate this Member Agreement or the Forum Policy or are otherwise unlawful, inappropriate, or unacceptable.

To the extent that you use the Forums, you represent, warrant, and covenant that you shall: (i) comply with the Forum Policy; (ii) be solely responsible for your use of the Forums and any messages, information, and materials provided by you; (iii) not advertise or offer to sell goods or services of any kind; and (iv) not upload, post, publish, or transmit any messages, information, or materials which (a) restrict or inhibit any other Member from using and enjoying this Web site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of TMX or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (h) contain any viruses or other harmful component.

By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Forums, you hereby grant to TMX and its affiliates a royalty-, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.

20.    Entire Agreement

This Agreement shall constitute the entire agreement between you and TMX regarding the subject matter hereof, and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter. Merchant account members sign a merchant agreement with unique terms but also in conjuction with these general terms of use.

21.    Severability

To the maximum extent possible, each provision in this Member Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Member Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Member Agreement.

22.    No Solicitation

The Web site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

23.    Inactive or Disabled or Return Email Accounts procedure

Titanmoneyexpress will keep any and all inactive or disabled Member accounts on the database for a maximum period of 12 months without any account closure or costs incurring to them. Any account balances not withdrawn before this timeframe lapsed will be booked to company to cover expenses and will not be redeemable by any Member after this period.

Titanmoneyexpress reserves the right to close any and all Member accounts that remain inactive (with no logins logged into the database) or with a disabled account status (where no contact was made by the Member to restore the account), and where no account balance exists, after a continuous period of 6 months.

In cases where any Member's email address returned our email submitted as "undelivered" in any format or for whatever reason, for 3 subsequent times, such an account will either be Suspended or Removed from the system altogether. This decision is at the sole discretion of TMX. It remains the Member's responsibility to ensure email addresses are updated and our corporate emails removed from any spam blockers or similar firewall systems.

24.    Rights Reserved

TitanMoneyExpress reserves the right to decline any account application without reason or explanation. TitanMoneyExpress further reserves the right to close out any account if any suspicious business activity, illegal activity or any association to illegal business activities are suspected or reported. This include any business activities listed under "Industries not Allowed", "Countries not Allowed" or any activities related to money laundering, suspected fraud, fraud, money embezzlement or any terrorist activities. Refer to par 29.

25.    Code of Conduct by Members and Non-Members

Under no circumstances will any member or non-member communicate to any of TMX staff in a manner that may be described as unbecoming or profane. Any form of verbal or written slander, any form of abuse, direct personal attack, discrimination, racism, profanity, swearing, hate speech or blatant abuse, will not be tolerated.

Members or Non-Members in violation of this code of conduct might have their accounts suspended with immediate effect and even blocked for future reference. This will be decided by Admin and such a decision is final.

26.    Account Suspension

A bridge or violation of any terms within this agreement is deemed grounds for account suspension. It is the every members' responsibility to ensure compliance with these terms under all circumstances.

Account suspension implies the member forfeits any rights to the services previously offered.

Any account balances due on the account may be kept until the rolling reserve period has been completed based on the members account risk profile setting.

In cases where the suspension is related to suspected criminal or illegal activity on the account willingly perpetrated by the member, such may be disclosed or even reported to the appropriate authorities.

TMX is not obliged to provide any further services or assistance to suspended accounts.

27.    Account Refunds

Due to fixed costs and charges levied against TMX to process online payments through the TMX system and the related gateways and acquiring banks, any and all related fees relevant to any particular transaction is non refundable. This includes the levy of refund fees for issuing account refunds.

TMX reserves the right, after an initial attempt to engage the member to resolve any pending dispute and has failed in such an attempt, to issue a refund from any member account in the event that TMX deems necessary to salvage or resolve any pending dispute brought by a suffering party,

This applies to all refunds issued for whatever reason. No exceptions.

28.    Force Majeure

TMX shall be relieved from liability for failure to perform any obligation under the Agreement if the failure to perform is caused by a circumstance which is beyond the control of the Party (force majeure). An event of force majeure is, inter alia, acts or omissions of authorities, new or amended legislation, labour market disputes, disturbances in public transport systems or in telecommunication networks or any other public communication networks, blockades, fires, floods and major accidents.

A Member desiring to invoke an event of force majeure shall immediately notify the company thereof.

Regardless of what is said above regarding relief from liability, a TMX is entitled to immediately terminate the Agreement if the performance of an obligation is delayed for more than three (3) months

 

END OF TERMS