Terms & Conditions
Registration Number: HE402536
Table of Contents
2. Provision of Services
3. Definitions and Interpretation
4. Applicable Law
5. Compliance with applicable laws and regulations
7. Amendment of this Agreement
8. Personal Data
9. Confidential Information
1.1. This User Agreement (hereafter the “Agreement”, and/or “Terms and Conditions” or “T&Cs”) is entered into force between Ablebook Ltd, a non-profit organization under the Cyprus Company Registrar and Jurisdiction with registration number HE402536. The Company’s headquarters are located in Agiou Fanouriou 1, Aradippou, 7102, Larnaca, Cyprus and is a Company incorporated and registered in the Republic of Cyprus under Cyprus Company Law.
1.2. A natural or legal person who has successfully completed the process of registration to open an Account with the Company (hereafter the “user” or “you”) and has submitted all required information. Together referred to herein as the “Parties.”
1.3. By accepting this Agreement, the user also accepts and agrees to be bound, inter alia, by the provisions of the following policies (hereafter the “Policies”), which form an integral part of this Agreement and which are required to be electronically acknowledged and accepted by the User during the online registration procedure:
- Cookies Policy.
1.4. Ablebook Ltd has the sole and exclusive use of the domain https://ablebook.com.cy/. The Company’s services are offered through its Electronic Platform and Online Application.
1.5. By accepting and agreeing to the Terms and Conditions during the online registration process, the User agrees to the provision of information through electronic means such Company’s Website or the verified email of the User (the “Durable Mediums”) due to the nature of the relationship established between the relevant Parties, which is deemed acceptable and appropriate.
1.6. The provision of information by means of electronic communication is treated as appropriate and acceptable since the User has regular access to the internet. The provision by the User of an email address for the purposes of the carrying on of that business is considered sufficient evidence. The Company will ensure that the information available on its website will be always kept up to date.
1.7. The Agreement along with the Policies describe the terms, obligations and rights of the Parties applicable to the Account opened with Ablebook Ltd, in the name of the User in order for the User to enter into and enjoy the services that the Company offers.
2. Provision of Services:
2.1. The Company is authorized to provide its Services (hereafter the “Services”) in accordance with the provisions set by the Cyprus Company Act. The Company Act in Cyprus specifies that International Business Companies must provide two options for the companies’ name, as well as offer information on the main activities of the company, the initial capital and shareholders.
2.2. Cyprus Companies Law cap 113 defines all laws and regulations for companies incorporated in Cyprus. You will find below the key extracts from the Cyprus Companies Law along with the full act.
2.3. The Cyprus Company Act regulates the formation and activities of corporations in Cyprus. Having been a former British colony and territory from 1878 until its independence in 1960, Cyprus adopted the English Common Law system. Cyprus joined the European Union (EU) in 2004 which boosted Cyprus as a reliable country for incorporation.
3. Definitions and interpretation:
3.1. This Agreement which also includes and incorporates by reference the schedules hereto and any other schedules for the provision of the Services, which you may request us to provide to you from time to time (the “Schedules”), sets out the terms on which we are willing to act for you. This Agreement supersedes any previous agreements (or Terms and Conditions) between you and us on the same subject matter. This Agreement shall apply to all actions contemplated under this Agreement, provided that in the event of a conflict between this Agreement and any other specific agreement between the User and Ablebook that may govern any specific action, made between you and us, such other specific agreement shall prevail but only in relation to such specific transactions.
3.2. In the Agreement, unless the context requires, otherwise:
- References to “we” or “us” and/or any other similar wording relate to Ablebook Ltd;
- Words denoting the singular shall include the plural and vice versa;
- References to “persons” shall include any individual, firm, company, corporation, government, state or any association, trust, joint venture, or partnership (whether or not having separate legal personality);
- References to “writing” shall include the transmission of text electronically via Durable Mediums;
- In the event where general words are specified such as “including”, or “for instance” or specific examples are given, the interpretation of the general words will not be limited to the examples given in the relevant clause;
- The Agreement and any present or future amendments or Schedules thereto, are written in the English language. In case of differences between this document and any translation of it, the English version always prevails;
- Headings are for convenience only and will not affect the terms set in the Agreement.
4. Applicable Law:
“Applicable Laws and Regulations” means the legislation, directives or other regulations issued by the Government of Cyprus regarding Companies, the European Commission and/or the other EU Member States and govern the operations of Cyprus Companies and all applicable laws and rules in force from time to time, including, among others, the following:
- Cyprus Companies Law Cap 113
- the Regulation (EU) 2016/679 on the protection of natural persons with regards to the processing of Personal Data and on the free movement of such data (“GDPR Regulation”);
All other applicable laws and regulations of the Republic of Cyprus and any other relevant jurisdiction, to which we are directly subject or to which we are indirectly subject due to the applicability of such provisions to any member of our Group or an Associate or their applicability to provide its services, and including any relevant intergovernmental agreements.
5. Compliance with applicable laws and regulations:
This Agreement and all orders and Transactions are subject to Applicable Laws and Regulations so that:
- if there is any conflict between this Agreement and any Applicable Laws and Regulations, the latter will prevail;
- we may take or omit to take any action we consider necessary to ensure compliance with any Applicable Laws and Regulations;
- all Applicable Laws and Regulations and whatever we do or fail to do in order to comply with them will be binding on you;
- Such actions that we take or fail to take for the purpose of compliance with any Applicable Laws and Regulations shall not render us or any of our directors, officers, employees or agents liable; and;
- you agree to comply with all the Applicable Laws and Regulations.
We may make any amendment to this Agreement and take any such action which we consider necessary as a result of any requirements or changes in the requirements of the Applicable Laws and Regulations or pursuant to a general or specific recommendation made by the Company Registrar, or any other regulatory authority of relevance to the Services we provide to you. We shall use reasonable endeavours to give you notice of such actions and amendments to this Agreement which will be affected.
Users may communicate with the Company via email as specified on its website, within Business Hours. Our contact details are as follows:
Name: Ablebook Ltd
Address: Agiou Fanouriou 1, Aradippou, 7102, Larnaca, Cyprus
Ablebook Ltd will have no liability whatsoever in relation to difficulty in or impossibility of communication in any such circumstances outside of the control of Ablebook Ltd.
For the purposes of the Company’s communication with you, the Company will use the communication details provided by you at the account opening stage unless you provide the Company with updated communication details in which case. It is your responsibility to ensure that at all times the communication details provided to the Company are correct. You are required to notify the Company of any change in relation to your information for the receipt of notices, instructions and other communications immediately. The Company will not be liable for any direct or indirect loss caused as a result of your failure to provide correct and valid communication details.
If you are unable to communicate with the Company and/or the Company is unable to communicate with you for whatever reason, in the absence of gross negligence or fraud on the Company’s part causing such failure of communication, it is noted that the Company shall have no liability for direct or indirect losses caused to or suffered by you as a result of the said failure of communication.
7. Amendments to this agreement:
7.1. The Company has the right, from time to time, to amend the terms of this Agreement. When a material change will occur to this Agreement or any other document comprising Customer Legal Documents Pack, i.e., the Policies, the Company will notify you of such change via the e-mail that you have provided or through the Electronic Platforms. You will have 5 days within which to terminate this Agreement in the case in which you do not agree to the changes notified to you.
7.2. You acknowledge the possibility of failures in electronic communications, mechanical/ software/system failure and encryption failure and accept such risk when engaging with the Company. The Company accepts no liability for such failures which are outside its reasonable control.
7.3. It is noted that the User should not delete such an email before reading it. In addition, the User should not have in place settings which identify such correspondence as spam or trash or otherwise take any action which may prevent you from receiving such communications.
7.4. In the case where the User does not accept notifications of any amendments to this Agreement as stated above, or if he/she wishes for such notifications to be sent to an email account other than the one provided, he/she should notify the Company of this fact immediately. Any notifications sent in accordance with the above will be deemed to have been delivered.
7.5. Such amendment will become effective on the date specified in the Notice.
8. Personal Data:
8.1. The Company collects the necessary information required in order for the Company to safeguard its user’s information. The Company ensures that it collects the necessary information required. Thus, the Company gather information based on the requirements and preferences in order to provide its services effectively and in accordance with the relevant Laws and Regulations).
8.2. The type of information is unidentified and non-identifiable information pertaining to a user(s) (“Non-personal Information”), which may be made available or gathered via your use of the online application. We are not aware of the identity of a user from which the non-personal.
8.3. Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g., the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our online application. We may also collect information on your activity on the online application (e.g., pages viewed, online browsing, clicks, actions, etc.).
8.4. Based on the aforementioned, the Company collects information which is required to communicate with and identify its users.
9. Confidential Information:
9.1. You shall not assign, transfer, mortgage, charge, declare a trust in relation to, or deal in any other manner with any or all of your rights and obligations under this Agreement (or any other document referred to in it). Any such purported action in violation of this clause shall be void.
9.2. The Company may, without your prior written consent but subject to the consent of the Cyprus Government where necessary, at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate any of its obligations under this Agreement to any Group affiliate or third party. The provisions are intended to benefit any such future transferees and shall be enforceable by each of them to the fullest extent permitted by law.
Termination of this Agreement shall not affect any accrued rights or remedies to which either party is entitled.