1.1 sextrasafe.com is a website operated by Twinmark Corporation Ltd. ("We"/"Us"). We are registered in Cyprus under company number HE332519 and have our registered office at Prodromou 75, 1st floor / Office 101, 2063 Nicosia, Cyprus.
1.2 You can contact us using the following email address legal@sextrasafe.com.
SextraSafe – How it works
We offer two types of Services: (i) a commercial Sexually Transmitted Infection (“STI”) test association service which matches personal STI test results of members provided by accredited laboratories with government issue photo identification (“ID”) provided by the same member (an “STI Test Association Service”); and (ii) a service to provide a link to a profile or profiles created by members featuring their STI test results, the date of the STI test results provided to us, a user name, and a profile photo approved by us as a likeness to their ID (an “STI Profile Service”), collectively (“Services”)
By using our Services you confirm that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old; and
you agree with our Terms and Conditions.
The provision of Services to you is conditional on you providing all information requested by us truthfully and honestly. You must reveal and disclose all relevant information truthfully to the best of your knowledge;
You may not register on behalf of anyone other than yourself;
We cannot and are not liable for any damages which results from: (i) a failure by members or users to provide (and continuously maintain) complete, truthful and accurate information as required by us or any other information you provide to us; (ii) a failure of members or users to follow advice given on the website. You accept that the advice given on the website does not replace your regular healthcare provider.
You are aware of U.S. Code › Title 18 › Part I › Chapter 47 › § 1028 concerning “Fraud and related activity in connection with identification documents, authentication features, and information” which are punishable under this Title by a fine or imprisonment up to years, or both.
https://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap47-sec1028.htm
You understand some countries or jurisdictions, including areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Countries including the United Kingdom, charge the accused under existing laws with such crimes as murder, fraud, manslaughter, attempted murder, or assault.
If you are convicted of knowingly transmitting an STD, you face a number of potentially serious criminal penalties. Laws categorize this crime as either a felony or misdemeanor offense, and the potential penalties differ significantly depending on the location where it occurs. Regardless of the location, all criminal sentences involve the same potential types of penalties.
Jail or prison. A misdemeanor conviction for transmission of an STD can result in a sentence of up to one year in jail, while a felony conviction has a maximum penalty of multiple years in prison. Potential prison sentences for this crime differ significantly, and while some locations impose as much as a life sentence in prison where a person knowingly transmits HIV.
Fines. You can also be fined if you are convicted of either felony or misdemeanor transmission of an STD. Misdemeanor fines are typically up to $1,000. Like jail sentences, however, location differences are significant, with possible felony fines going as high as $50,000.
Restitution. Restitution payments can also be made a part of transmission of an STD sentence. Restitution payments go towards any victims to compensate them for the losses they have incurred, and can differ widely among cases. Restitution must be paid in addition to any fines imposed by the court.
Probation. In addition to, or instead of, a jail or prison sentence, courts can also sentence someone convicted of unlawful transmission of an STD to a probation term. Probation usually lasts one to three years, though longer terms are possible. Those on probation must comply with the court's probation conditions. These conditions can differ between cases, but commonly include regularly reporting to a probation officer, paying all required fines and restitution, submitting to random home searches, and not leaving the jurisdiction without first obtaining permission from the probation officer or the court.
Sex offender registration. Someone convicted of the criminal transmission of an STD will also have to sign up for the sex offender registry. Sex offender registration requirements differ by location, but someone on the sex offender registration list can remain there for 25 years or longer. Registrants have a difficult if not impossible time obtaining housing and work--in many ways, registration is the worst possible sentence.
You are solely responsible for ensuring that you understand the information requested by us. You must speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the information requested from you.
5.1 You are responsible for providing valid credit or debit card details which may be charged. We reserve the right not to deliver Services to you if your payment details have expired or are invalid in any way. If this happens we will attempt to contact you to enable you to provide updated information.
5.2 When you place an order for Services you agree to us commencing this service.
5.3 In providing invoice and payment details, you confirm that you are authorised to use these details and authorise us, or our payment service provider, to take payment in full for the items in your order and any associated delivery fees and any other charges that become due to us under these terms and conditions.
5.4 We reserve the right to refuse Service and to refund any payments for the use of our Services at our sole discretion.
6.1 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.
6.2 From time to time, we may restrict access to some parts of our website, or our entire website.
6.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. If you believe that your account has been compromised, you must contact us immediately.
6.4 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
7.1 We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.
7.2 Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material although we endeavour to update materials regularly.
8.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
8.4 You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
8.5 If you print off, copy or download any part of our website in breach of these terms and conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9.1 You fully understand that the material displayed on our website including but not limited to our STI Profile Service is provided without any guarantees, conditions or warranties as to its accuracy.
9.2 Subject to clause 9.4, if in delivering our Services to you we fail to comply with these terms and conditions, we shall only be liable to you for your purchase price of the Services.
9.3 Subject to clause 9.4 below, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website and Services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
loss of health;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
9.4 Nothing in these terms and conditions limit our liability for:
death or personal injury arising from our negligence;
fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
any other liability which cannot be excluded or limited under applicable law.
10.1 We process information about you in accordance with our Privacy and Cookie Policy.
10.2 By using our website, you consent to such processing and you warrant that all data provided by you is accurate and remains accurate. You are responsible for, on a regular basis, updating your information to ensure it remains accurate and current.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
12.2 You must not attempt to gain unauthorised access to our site, the server on which our website is stored or any server, computer or database connected to our site.
12.3 By breaching this clause 10, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
12.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
13.4 If you wish to make any use of material on our website other than that set out above, please address your request to legal@sextrasafe.com.
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15.1 The Cyprus courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Cyprus.
These terms of use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our website and the Services made available on it.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.
If you have any concerns about material which appears on our website or concerns with regards to our Services, please contact legal@sextrasafe.com.
And finally, thank you for visiting our website and using our Services.
SextraSafe.com
