The Tortooga Pay website and software application has been developed for Corporación Tortooga by BlocPal International Inc.
Corporación Tortooga is located at Diana A. Juárez Building No. 2318, Colonia La Paz, CP 72160 Puebla, Pue. BlocPal International Inc. is located at 409 Granville Street, Suite 520, Vancouver, BC, Canada, V6C1T2.
BlocPal International Inc. has entered into partnership agreements with Corporación Tortooga and Grupo Movil Mexico to enable mobile and utility bill payments for users worldwide.
This is a binding Agreement between BlocPal International Inc. (“Tortooga Pay”) and the person, persons, or entity (“You” or “Your”) using the service, software, or application (the “Software”).These terms (the “Terms”) govern your use of the products, services or any other features, technologies or functionality (the “Services”) provided by Tortooga Pay through Tortooga Pay’s website, API or through any other means. Please review these Terms carefully; by using the Services, you are deemed to agree to and accept such Terms.
Contents of this Agreement:
Tortooga Pay provides the Software solely on the terms and conditions set forth in this Agreement and on the condition that You accept and comply with such terms and conditions. By using the Software You:
This Software functions as a free, open source, and multi-signature digital wallet. The Software does not constitute an account where Tortooga Pay or other third parties serve as financial intermediaries or custodians of Your funds. Tortooga Pay has undertaken significant beta testing and we continually improve our Services based on comments from open-source users and the developer community. However, Tortooga Pay cannot guarantee there will not be bugs in the Software. You acknowledge that Your use of this Software is at Your own discretion and in compliance with all applicable laws. You are responsible for safekeeping Your passwords, PIN codes, and any other codes You use to access the Software.
Tortooga Pay is a payment processor. Tortooga Pay enables consumers to pay for airtime, utilities and other services using our supported payment methods. By using the Services, you authorize us to act as your agent so Tortooga Pay may receive, hold and disburse funds on your behalf and to take any and all actions that Tortooga Pay thinks are necessary to provide the Services and to comply with applicable law. Payment to Tortooga Pay by a consumer will be considered the same as payment made directly to the merchant and will extinguish the consumer’s outstanding obligation, to the extent of the payment.
In order to use the Services, you must open a Tortooga Pay account. In order to comply with our know-your-client (“KYC”) and anti-money laundering (“AML”) requirements, Tortooga Pay may require users to provide additional information (including any person agreeing to these Terms on behalf of the your business), in order to verify your identity. This information may include (but is not limited to) your date of birth, tax identification number, government-issued identification or such other information as may be required. Tortooga Pay may also obtain information about you from third parties, such as credit bureaus and identity verification services. Tortooga Pay has the right to reject your account registration or to later close your Tortooga Pay account, if you do not provide us with accurate, complete, and satisfactory information.
You will choose a secret PIN Code when registering your account. You are responsible for maintaining the confidentiality of your password, PIN Code and account access information. You are fully responsible for all activities that occur with the use of your PIN Code and Tortooga Pay account. Please notify us immediately of any unauthorized use of your PIN Code or account or any other breach of security. If you share PIN Code with others, Tortooga Pay will not be liable for any loss that you may incur as a result of someone else using your password, PIN Code or account, either with or without your knowledge.
In using the Tortooga Pay website or the Services, you may be offered services, products and promotions provided by third parties. If you decide to use these third-party services, you do so at your own risk and are solely responsible for reviewing, understanding and complying with the associated terms and conditions. Tortooga Pay expressly disclaims any liability for the third-party services and are not responsible for the performance of the third-party services or service providers.
As Tortooga Pay is a payment processor, we will be working with certain third party providers to assist: Tortooga Pay with its KYC and AML procedures; and our users and merchants with conversions between fiat currencies and for settlement of fiat balances into user and merchant accounts. You hereby consent to the use of such third parties and acknowledge that Tortooga Pay may be required to share your personal information with such third parties, to the extent required to perform such services.
Tortooga Pay has implemented security measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, Tortooga Pay cannot guarantee that unauthorized persons will never gain access to your information, and you acknowledge that you provide your information at your own risk, except as otherwise provided by applicable law.
In order to provide the Services, Tortooga Pay may share information about you and your Tortooga Pay account with third parties, including but not limited to your bank and service providers.
In order to verify the information you submit via the account registration process as detailed in Section B(2.1), Tortooga Pay may request information from various third parties, including credit bureaus and identity verification services. By accepting these Terms you authorize us to retrieve information about you by using third parties and acknowledge Tortooga Pay may have to share the information you have previously submitted to do so.
Occasionally, Tortooga Pay may engage third parties in order to assist in different aspects of the provision of our Services to you. You acknowledge and agree that your use of the Services may require Tortooga Pay to share your information with these third parties who may need to review your eligibility to use the Services according to their own verification procedures.
You agree and acknowledge that Tortooga Pay owns all right, title and interest to and in the Services, the associated software, technology tools and content, the Tortooga Pay website, the content displayed on the website, and other materials and intellectual property produced by and related to Tortooga Pay (collectively, the Tortooga Pay IP). You are only permitted to use the Services and the Tortooga Pay IP to accept and receive payments, according to these Terms. When you accept the Terms, Tortooga Pay grants you a personal, limited, revocable and non-transferable license to use the Tortooga Pay IP, without the right to sublicense. You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Tortooga Pay IP or any portion thereof, or use the Tortooga Pay IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on the Tortooga Pay IP, nor shall you translate, reverse engineer, decompile or disassemble the Tortooga Pay IP.
Both users and merchants will incur a cost (“Tortooga Pay Fee”) to pay for utilities, airtime and other services. These Tortooga Pay Fees are included in the invoice total and are paid by the user.
Tortooga Pay reserves the right to change our fee structure and pricing. Your continued use of the Services after Tortooga Pay notifies you of any changes in our fees constitutes your acceptance of such change.
You may close your Tortooga Pay account at any time. You will still be obligated to us for any fees incurred, if applicable, before the closure and Tortooga Pay will remit to you funds not yet paid to you and associated with pre-closure sales.
Tortooga Pay may terminate your account, at its discretion, upon notice to you via email, phone or other communication. Tortooga Pay may also suspend your access to the Services if it suspects that you have failed to comply with these Terms, pose an unacceptable fraud risk to us, or if you provide any false, incomplete, inaccurate or misleading information. Tortooga Pay will not be liable to you for any losses that you incur in connection with our closure or suspension of your account. Additionally, if your merchant account does not have a paid transaction for more than twelve consecutive months, Tortooga Pay reserves the right to suspend your account and disable payment processing capabilities.
If your Tortooga Pay account is closed, you agree:
You agree to indemnify Tortooga Pay, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to:
TORTOOGA PAY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TORTOOGA PAY PROVIDES THE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, TORTOOGA PAY DOES NOT WARRANT THAT THE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. TORTOOGA PAY DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH OUR WEBSITE, AND TORTOOGA PAY WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Users acknowledges that Tortooga Pay is not a financial or credit reporting institution. Tortooga Pay is responsible only for providing data transmission to effect or direct certain payment authorisations for Merchants and is not responsible for the results of any credit inquiry, the operation of web sites of ISPs or financial institutions or the availability or performance of the Internet, or for any damages or costs Merchant suffers or incurs as a result of any instructions given, actions taken or omissions made by a Merchant, Merchant’s financial processor(s), Merchant’s Financial Institution or any ISP. IN NO EVENT WILL TORTOOGA PAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT TORTOOGA PAY KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL TORTOOGA PAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR TORTOOGA PAY ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
To stop receiving promotional e-mails from us, click on the "unsubscribe" link that appears in any promotional email from Tortooga Pay or by contacting our support team at email@example.com. Tortooga Pay does not sell or share your personal data with subsidiary companies or third parties for marketing or profit purposes.
Tortooga Pay is committed to providing its users with a service that respects their privacy. Tortooga Pay does not gather personal information such as your name, phone number, or e-mail address unless you supply it voluntarily, usually through contacting us via e-mail, regular mail or registering in a secure portion of the website. Tortooga Pay does maintain server logs and web logs which automatically collect and log all incoming traffic to our website including your Internet Protocol (IP) address. However, we make no attempt to link these addresses with the identity of individuals visiting our site.
Any personal information you do provide is protected under the federal Personal Information Protection and Electronic Document Act (PIPEDA) of British Columbia’s or Alberta’s Personal Information Protection Act, as applicable. This means that, at the point of collection, you will be informed that your personal information is being collected, the purpose for which it is being collected and that you have a right of access to the information. Website visitor information is not disclosed to anyone except our personnel who need the information, e.g. to respond to a request from you.
You may not transfer or assign these Terms, or any rights granted by these Terms. You agree and acknowledge that Tortooga Pay may assign or transfer these Terms.
Should any provision of these Terms be determined to be invalid or unenforceable under any law, rule, or regulation, such determination will not affect the validity or enforceability of any other provision of this Agreement.
Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
This Agreement represents the entire understanding between Tortooga Pay and you with respect to the matters discussed. Headings are included for convenience only and shall not be considered in interpreting these Terms.
You agree to accept communications from us in an electronic format, and agree that all terms, conditions, agreements, notices, disclosures or other communications that Tortooga Pay provides to you electronically will be considered to be “in writing”.
This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia without reference to conflict of law or choice of law provisions. If a disagreement or dispute in any way involves the Services or these Terms and cannot be resolved between you and us with reasonable effort, the disagreement or dispute shall be resolved exclusively by final and binding arbitration in Vancouver, Canada, and will be conducted before a single arbiter. You agree that the arbiter will apply the laws of the Province of British Columbia, and will honor and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between you and us. Arbitration proceedings must be initiated within one (1) year after the disagreement or dispute arises. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, except that in no case shall there be a class arbitration.
Tortooga Pay may update or change these Terms from time to time by posting the amended Terms on our website. Such updates or changes shall be effective at the time of posting. If you continue to use the Services after Tortooga Pay provides notice of such changes, your continued use constitutes an acceptance of the amended Terms and an agreement to be bound by them. If you do not agree to the amended Terms, you must close your Tortooga Pay account per the termination section of this agreement and discontinue your use of the Services.
Neither you nor Tortooga Pay will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
The terms and provisions of this Agreement are binding upon Your heirs, successors, assigns, and other representatives.
Upon termination of this Agreement, the following provisions shall continue in full force and effect: Section B(5), Section B(6), Section B(9), Section B(11) and Section B(13).
You assume any and all risks associated with the use of the Software. Tortooga Pay reserves the right to modify this Agreement from time to time. Except as otherwise provided in this Agreement, Merchant agrees that Tortooga Pay may:
Any such revision or change will be binding and effective either, at Tortooga Pay’s sole discretion, 30 days after posting of the revised Agreement or change to the Services on our website, or upon electronic or written notification to you. You agree to periodically review our website, including the current version of this Agreement, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with written notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as otherwise expressly stated herein, but you will not incur any additional fees. By continuing to use Tortooga Pay services after any revision to this Agreement or change in Services, you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by: