GENERAL CONDTIONS & PRIVACY POLICY
Effective date: October 1, 2020
GENERAL CONDTIONS
PREAMBLE
1.These General Conditions shall apply when the parties TK Virtual, hereafter referred to as the “Servicer”, and the customer, hereafter referred to as
the “Purchaser” agree in writing or otherwise thereto. The objects to be supplied under these General Conditions are hereinafter referred to as the
Service. Wherever these General Conditions use the term in writing, this shall mean by document signed by the parties, or by letter, fax, electronic
mail and by such other means as are agreed by the parties. In order to be valid, any addenda or amendments to these general terms and conditions
must be in writing.
TIME FOR DELIVERY. DELAY
2. If the parties, instead of specifying the date for delivery, have specified a period of time on the expiry of which delivery shall take place, such period
shall start to run as soon as the contract is entered into, all official formalities have been completed, payments due at the formation of the contract
have been made, any agreed securities have been given and any other preconditions have been fulfilled.
3. If the Servicer anticipates that he will not be able to deliver the Services at the time for delivery, he shall forthwith notify the Purchaser thereof in
writing, stating the reason, and, if possible, the time when delivery can be expected.
4. If delay in delivery is caused by any of the circumstances mentioned in Clause 5 or by an act or omission on the part of the Purchaser, including
suspension under Clause 8, the time for delivery shall be extended by a period which is reasonable having regard to all the circumstances in the case.
This provision applies regardless of whether the reason for the delay occurs before or after the agreed time for delivery.
FORCE MAJEURE
5. Each party shall be entitled to postpone the performance of its contractual duties to the extent such performance is hindered or unreasonably
obstructed by any of the following circumstances, including but not limited to: industrial disputes and any other circumstance beyond the control of
the parties such as fire, war, extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of power and defects
or delays in deliveries by sub-contractors caused by any such circumstance referred to in this Clause. A circumstance referred to in this Clause
whether occurring prior to or after the formation of the contract shall give a right to suspension only if its effect on the performance of the contract
could not be foreseen at the time of the formation of the contract.
6. The party claiming to be affected by Force Majeure shall notify the other party in writing without delay on the intervention and on the cessation of
such circumstance. If Force Majeure prevents the Purchaser from fulfilling his obligations, he shall compensate the Servicer for expenses incurred in
securing and protecting the Product.
7. Regardless of what might otherwise follow from these General Conditions, either party shall be entitled to terminate the contract by notice in
writing to the other party if performance of the contract is suspended under Clause 5 for more than six months.
ANTICIPATED NON-PERFORMANCE
8. Notwithstanding other provisions in these General Conditions regarding suspension, each party shall be entitled to suspend the performance of his
obligations under the contract, where it is clear from the circumstances that the other party will not be able to perform his obligations. A party
suspending his performance of the contract shall forthwith notify the other party thereof in writing.
CONSEQUENTIAL LOSSES
9. Save as otherwise stated in these General Conditions there shall be no liability for either party towards the other party for loss of production, loss
of profit, loss of use, loss of contracts or for any other consequential or indirect loss whatsoever.
DISPUTES AND APPLICABLE LAW
10. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally
settled by arbitration in accordance with the Rules for Expedited Arbitrations according to the American Arbitration Association and held within the
State of Ohio.
11.The contract shall be governed by the substantive law of the United States.
PRIVACY POLICY
TK Virtual (“us”, “we”, or “our”) operates the https://tkvirtual.net website (hereinafter referred to as the “Service”).
This policy informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the
choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in
accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings
as in our Terms and Conditions, accessible from https://tkvirtual.net
DEFINITIONS
• Service: Service is the https://www.TKVirtural.net website operated by TK Virtual
• Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other
information either in our possession or likely to come into our possession).
• Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service
infrastructure
• Cookies: Cookies are small files stored on your device (computer or mobile device).
• Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons)
determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the
purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes
the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data
more effectively.
• Data Subject (or User): Data Subject is any living individual who is using our Service and is the subject of Personal Data.
DATA COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
TYPES OF DATA COLLECTED
PERSONAL DATA
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or
identify you (“Personal Data”). Personal identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Phone number
• Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of
interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the
instructions provided in any email we send.
USAGE DATA
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as
your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time
and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
TRACKING & COOKIES DATA
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a
website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track
information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you
may not be able to use some portions of our Service.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
USE OF DATA
TK Virtual uses the collected data for various purposes:
• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are
similar to those that you have already purchased or enquired about unless you have opted not to receive such information
LEGAL BASIS FOR PROCESSING PERSONAL DATA
RETENTION OF DATA
TK Virtual will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and
use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to
comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
TK Virtual will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except
when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this
data for longer periods.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province,
country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal
Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
TK Virtual will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy
Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place
including the security of your data and other personal information.
DISCLOSURE OF DATA
LEGAL REQUIREMENTS
TK Virtual may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation
• To protect and defend the rights or property of TK Virtual
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability
SECURITY OF DATA
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic
storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its
absolute security.
SERVICE PROVIDERS
We may employ 3rd party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf,
perform Service-related services or assist us in analyzing how our Service is used.
These 3rd parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for
any other purpose.
ANALYTICS
We may use 3rd party Service Providers to monitor and analyze the use of our Service.
• Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google
uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may
use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics
opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing
information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:
https://policies.google.com/privacy?hl=en
LINKS TO OTHER SITES
Our Service may contain links to other sites that are not operated by us. If you click a 3rd party link, you will be directed to that 3rd party’s
site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any 3rd party sites or services.
CHILDREN’S PRIVACY
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you
are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data
from children without verification of parental consent, we take steps to remove that information from our servers.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective
date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are
posted on this page.