Terms of Use
1. INTRODUCTION
1.1. These Terms of Use (the “Terms”) constitute an agreement between you and Pickthebank, governing your access to the Website and using the Services.
1.2. By accepting these Terms, either by entering, visiting the Website and/or accessing or using the Services, you acknowledge that you understand, accept and agree to be bound by these Terms as well as our Privacy Policy, which is incorporated into these Terms by reference.
1.3. We may modify the Terms at any time, at our sole discretion. If we do so, you will be informed by email about any changes that affect the conditions of the provision of Services to you 30 days in advance and the modified Terms will also be posted on the Website with a new effective date at the top of the document. Your continuous use of the Services after we have posted the modified Terms on the Website, will confirm that you agree to be bound by the modified Terms.
1.4. We retain the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
1.5. Please refer to our Privacy Policy for information on how we collect, use and disclose information from Users.
2. DEFINITIONS
In these Terms:
Account means an account on the Website containing the User’s information and created by the User in order to access the Services. The Account is not a bank account or a payment account.
Application means your request for contact to a Partner for the purpose of using the Product offered.
You, your, User means the person visiting the Website, Platform and/or using the Services.
Fully onboarded user means user, who passed registration, filled the questionnaire and passed the Identity verification.
Partner means the banks, financial institutions and other entities providing information about offers for Products and enabling customers to apply and manage Products through the Website.
Product means financial product (e. g. fixed term deposit) provided by the Partners which you inquire about by using the Services.
We, us, our, Pickthebank, the Company means Pick Savings Navigator Ltd, a company incorporated under the laws of Republic of Cyprus under number HE445868, having its address 225, Arch. Makariou III Avenue Oriana Court, 3rd Floor, Office 4, 3105 Limassol, Cyprus.
Website means the part of https://pickthebank.eu/, available to all users (doesn’t require users be Fully onboarded).
Platform means the functionality including the facilitation of information exchange between you and the Partner(s) enabling you to apply and manage Products in Partner banks through the Platform.
Services include the following:
Website services – the provision of aggregated Products information, Products comparison, statistical, analytical, and similar informational tools and services.
Platform services – the facilitation of information exchange between you and the Partner(s) enabling you to apply and manage Products in Partner banks through the Platform.
3. REPRESENTATIONS AND WARRANTIES
3.1. By accepting these Terms, you:
confirm that you comply with all the criteria provided in Section 4 below for using the Services;
confirm that you have read these Terms in full and understood them;
commit to be bound by these Terms;
agree and acknowledge that any and all actions performed while using the Services shall be valid and causing the same legal effects as the actions formalized by a paper document signed by you;
confirm to notify us immediately, but no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms and/or of any circumstances that have or are likely to have a negative impact on the due discharge of your obligations to us, Partners and/or of any circumstances that are material for the performance of these Terms (e.g., your name, email address, etc.);
confirm to provide us as soon as possible, but no later than 10 (ten) calendar days, any additional information or documents that are necessary for the provision of the Services and/or Products (e. g., documents confirming the source of funds, additional contact details, etc.);
confirm that your use of Services does not violate any applicable laws or regulations of any jurisdiction that applies to you.
3.2. By accepting these Terms, you represent and warrant that all the above is true and accurate on the day of acceptance of these Terms and shall remain true and accurate until you cease to use the Services.
3.3. For the avoidance of doubt, representations and warranties are personal statements or assurances given by you which we will rely on when we allow you to use the Services.
4. ACCOUNT
4.1. You are required to register an Account in order to use the Services. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. Registration data and certain other information about you are governed by our Privacy Policy.
4.2. The Website and Platform are intended only for individuals (natural persons) who are at least 18 years of age. By accessing the Website or registering an Account for using the Services you warrant and acknowledge that you are 18 years of age or older.
4.3. Once you register your Account, fill in the questionnaire, and pass the Identity verification, and it is approved by us, you will receive access to the Platform and the Platform Services.
4.4. You acknowledge that you alone will use your Account to access the Services. You must not sell, transform or assign your Account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your Account, and to not share your Account credentials with any third party or allow anyone else to log into your Account and use our Services as you. You are responsible for all activities that occur under your Account. You agree to notify us immediately if you believe that your Account is no longer secure. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.
5. SERVICES AND PARTNER PRODUCTS
5.1. Pickthebank only provides information on Products offered by Partners and facilitates information and document transmission to Partners about Users who want to use their Products. We are not a bank, financial institution or broker, and the Services are solely informational and technical in nature.
5.2. We may publish or email you general information about financial institutions and Partners, as well as financial news, rates and other articles based on open and publicly available sources or information received from Partners. We can't guarantee the accuracy or reliability of any of the information provided. We do not provide any investment or financial advice, and the information provided on the Website is intended for general informational purposes only.
5.3. The Website and the Services are intended solely for experienced and informed Users who independently and autonomously take their investment decisions.
5.4. Users are responsible for making informed decisions regarding their choice of Products. We do not endorse or recommend any specific Product, and, although taking due care, we do not guarantee the accuracy, completeness, or reliability of the information on the Website provided by our Partners. Users should carefully review the terms and conditions of Products before making a decision.
5.5. PICKTHEBANK DOES NOT OFFER LEGAL OR TAX ADVICE AND IS NOT LIABLE FOR THE ACCURATE TAX REPORTING OF INTEREST INCOME OR FOREIGN EXCHANGE GAINS.
5.6. Pickthebank is not and shall not be considered as a representative or an agent of the User in his dealings with the Partner concerning the Product, nor a representative or an agent of the Partner in its relations with Users. We are not a party to any agreement or contract entered into between the User and the Partner, and we do not assume any role in the negotiation or execution of such agreements.
5.7. The Partner is solely responsible for its Products and related services to you, and you agree that Pickthebank shall not be held responsible or liable for any damages or costs of any type, issues, disputes, or problems arising out of or in any way connected with your use of any Products, related services or your interactions with any Partner. We do not assume any liability for the performance, terms, conditions, or availability of the Products or related services offered by the Partners. All obligations and responsibilities related to the Products, including the accuracy of information presented on the Website, rest solely with the Partner.
5.8. The Products may only be offered to residents of countries where Partners are authorized to offer such Products. A Partner’s participation in and offering of its Products on the Website and Platform does not constitute an offer by any Partner or by the Company to provide services outside of their authorized jurisdictions. Partners have the right to discontinue, suspend or terminate the offering of any Product in any specific country through the Website and Platform at any time and without prior notice.
6. APPLICATION PROCESSING
6.1. When you register on the Website, fill the questionnaire, and pass Identity verification you give us consent to collect and verify information about you. The information is collected to enable you to use this information to apply for Products offered by Partners.
6.2. When you express interest in a Product offered by one of our Partners by filling and submitting an Application, you give us consent to collect and verify information about you as required by the Partner and forward this information together with the Application to the Partner for the purpose of Product provision. It is your responsibility to ensure that the information you provide is true, accurate, current, complete and up to date.
6.3. By submitting any Application containing your electronic signature (if required by the Partner) through the Platform, you:
- are indicating that you desire to be contacted by the Partner, and you are providing express consent that the Company, a third party on the Company’s behalf, and Partners, may deliver calls or text messages to you to the phone number or other contacts you have provided;
- consent to receive email from the Company, third party on the Company’s behalf, and Partners at the email address you provided or at other addresses that may be associated with you that we receive from Partners or other parties;
- hereby consent to any such email, so it will not be considered spam or unauthorized under applicable law;
- agree that the consents described herein shall remain valid and in effect until you revoke them by opting out by emailing [email protected] to expressly state in writing that you no longer wish to be contacted by the Company and are revoking your consent to be contacted;
- agree to notify any particular Partner directly if you no longer want to receive communications from them. You further agree that the Company is not responsible for a Partner’s failure to follow your or our instructions to stop contacting you.
6.4. Any Application should be treated as an inquiry to be contacted by Partners that may be able to provide the Product. The Company makes no guarantee that the Product will be provided to you, as the Partners make the decisions based on their own approval standards which are established and maintained solely by them. Likewise, the Company does not guarantee that the rates offered by Partners include the highest rates available in the market. The income user gets after the taxation can vary depending on user’s tax situation. A Partner's conditional Product offer may be subject to market conditions, approval and qualification. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a Product commitment. Partners may not offer all Products as well as not offer the Products in all countries. You might not be matched with a Partner offering any specific Product. If you agree to the Product terms with any Partner chosen on our Website, you will be responsible for paying for any costs associated with your Product at the end of the deposit term or at the withdrawal of the deposit from the Partner.
6.5. You acknowledge that Partners may keep your Application information and any other information provided by the Company or received by them in the processing of your Application, whether you are qualified for a Product with them or complete a formal application for any related services with them.
7. WEBSITE CONTENT, SOFTWARE AND TRADEMARKS
7.1. You acknowledge and agree that the Website may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website content, in whole or in part, except that the foregoing does not apply to your own User content (as defined below) that you legally upload to the Website.
7.2. In connection with your visit to the Website and/or use of the Services you confirm that you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by the Company from accessing the Website and/or the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website content other than as specifically authorized herein is strictly prohibited.
7.3. The technology and software underlying the Services or distributed in connection therewith are the property of the Company, our affiliates and our Partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in this software. Any rights not expressly granted herein are reserved by the Company or our affiliates and Partners.
7.4. The Company name and logos are trademarks and service marks of the Company. Product and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of the Company trademarks will inure to our exclusive benefit.
8. USER CONTENT
8.1. When submitting content to the Website and Platform or affiliated social media channels, you confirm that you are the sole author and owner of the content's intellectual property rights, have waived any moral rights, your content is accurate, you are at least 18 years old, and it complies with these Terms. You also agree not to submit content that is false, inaccurate, misleading, infringing on third-party rights, violating laws, defamatory, hateful, or offensive. You will indemnify the Company for any damage, arising from breaches of aforementioned requirements.
8.2. You grant the Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You acknowledge that we may edit or remove content violating guidelines. You are responsible for your submissions, and your email may be used for administrative purposes.
9. THIRD PARTY CONTENT AND WEBSITES
9.1. The Website may contain user content provided by other users of the Services. Pickthebank shall not be responsible for and does not control such content. Pickthebank has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to such content. Your use of other users’ content, following other users’ advice and any interaction with other users shall be solely at your own risk. You agree that Pickthebank will not be responsible for any liability incurred as the result of any such interactions.
9.2. The Website may provide, or third parties may provide, links or other access to other websites and resources on the Internet. Pickthebank has no control over such sites and resources and Pickthebank is not responsible for and does not endorse such sites and resources.
9.3. You further acknowledge and agree that Pickthebank will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
9.4. Any dealings you have with third parties found while accessing the Website or using the Services are between you and the third party, and you agree that Pickthebank is not liable for any loss or claim that you may have against any such third party. Check the terms of use, privacy policies, and security practices of these external sites and resources to ensure they align with your preferences and expectations.
10. DISCLAIMER
10.1. THE WEBSITE, PLATFORM, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, PLATFORM, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE WEBSITE AND THE SERVICES.
10.2. ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE AND PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
10.3. VISITING THE WEBSITE AND PLATFORM AND USING THE SERVICES OFFERED BY THE COMPANY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
10.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
11.1. THE COMPANY’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW.
11.2. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED EUR 100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILURES OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THESE TERMS OR TO THE SERVICES PROVIDED BY THE COMPANY.
11.3. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.4. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PROVIDE OTHER SPECIAL REGULATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. INDEMNIFICATION
12.1. You will indemnify, defend and hold harmless Pickthebank, and its directors, officers, employees, subsidiaries, affiliates or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by Pickthebank or any other third party in respect to any act or omission by you in the performance of your obligations under this Agreement, unless such liabilities result from gross negligence, wilful default or fraud by Pickthebank.
12.2. Pickthebank reserves the right at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify Pickthebank and you agree to cooperate with our defence in such claims. You agree not to settle any matter without the prior written consent of Pickthebank.
13. TERMINATION
13.1. You agree that the Company, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Website and Platform, for any reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the spirit of these Terms or applicable laws.
13.2. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
13.3. The Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Services.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. By agreeing to these Terms you agree that you are required to resolve any claim that you may have against us on an individual basis in the courts of the Republic of Cyprus. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.
14.2. You agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to the Website or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by the courts of the Republic of Cyprus. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
14.3. These Terms and your access to the Website and use of the Services will be governed by and construed in accordance with the laws of the Republic of Cyprus.
15. MISCELLANEOUS
15.1. Service interruption. To ensure the best possible service level, the Company reserves the right to interrupt the Services for maintenance, system updates, or any other changes, informing the Users appropriately. Within the limits of the law, the Company may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Company will cooperate with Users to enable them to withdraw personal data or information in accordance with applicable law. Additionally, the Services might not be available due to reasons outside the Company's reasonable control, such as "force majeure" (e. g. labor actions, infrastructural breakdowns or blackouts, etc).
15.2. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.3. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
15.4. No waiver. The Company’s failure to assert any right or provision under these Agreement shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
16. CONTACT
You should send any notices pursuant to these Terms, the Website and the Services to the following email: info@pickthebank.eu
Last Updated 5.9.2024