Terms and Conditions
Last updated: 03/03/2026
Please read these Terms and Conditions (hereinafter referred to as the “Agreement”) carefully before using the Platform.
If you do not agree with any provision of this Agreement, you are not permitted to register or use any Services provided on the Topcarry Platform (the “Platform” or “Website”) operated by (“Topcarry”) at https://topcarry.net. By registering and using our Services, you agree to be bound by this Agreement, our Privacy Policy, Bonus Policy, and any other documents expressly incorporated herein. Topcarry reserves the right to update this Agreement at any time; your continued use of the Platform constitutes your acceptance of such changes.
General Overview:
This Agreement governs the relationship between you (the “User”), whether acting as a Buyer or Seller (collectively referred to as “Parties” or individually as “the Party”), and Topcarry. The Platform serves as an intermediary and guarantor for transactions between Users by providing necessary tools and services for conducting Deals. Topcarry acts strictly as an intermediary agent facilitating transactions, secure payments via the Topcarry Wallet, hosting the Platform, and assisting Users in dispute resolution. Topcarry does not own, sell, resell, or directly provide any Seller Services or Goods listed on the Platform. The presence of any Offer or listing does not constitute Topcarry’s endorsement. Parties retain the right to request Arbitration to resolve disputes as provided herein.
1. Definitions
This section establishes the key terms used throughout this Agreement, the Privacy Policy, Bonus Policy and any other documents explicitly incorporated herein by Topcarry. For clarity, examples and further explanations are provided where applicable. For clarity, the following key terms are defined as follows:
1.1. User – Any individual who accesses, registers, or uses services, content, or functionality provided by the Topcarry Platform.
1.2. Buyer – A User who purchases Seller Services or Goods via the Platform. Buyers have the right to purchase Seller Services and Goods, use their Topcarry Profile, manage funds deposited in their Account (including the possibility of refunds to the original payment source), and request Topcarry Arbitration as set forth in Section 9.
1.3. Seller (also “Currency Supplier” or “Booster”) – The User whom Topcarry has authorized to post Offers and to offer and sell Seller Services or Goods on the Platform. To obtain and maintain Seller status, a User must complete additional registration and verification procedures, including identity verification (KYC/EKYC). Topcarry may, at any time and upon first request, require a Seller to provide proof of VAT status (e.g., a valid VAT identification number or equivalent documentation). Sellers must be taxable persons for VAT purposes in their jurisdiction—such as legal entities, partnerships, self-employed individuals or other persons required to register for VAT—and any User who fails to demonstrate such status as requested shall be ineligible to act as a Seller. Sellers may post Offers and rely on Topcarry’s dispute-resolution support in the event of any dispute arising in connection with their Offers.
1.4. Topcarry Profile/Account (also referred to as “Profile” or “Account”) – A registered personal account enabling Users to access Platform services, manage transactions, and communicate securely. Users are responsible for the security and confidentiality of their Profile credentials.
1.5. Gaming Account – An external account on third-party gaming platforms registered and/or used by Users for online gaming activities. Topcarry holds no responsibility for the security or management of such accounts.
1.6. Seller Services – Any act, performance, or digital service offered by a Seller to a Buyer in order to transfer knowledge and/or skills in the gaming sphere as well as useful properties that improve the Gaming Account.
1.7. Goods – Goods are valuable virtual components of a game that a Buyer can purchase on the Platform.
1.8. Topcarry Services (also referred to as “Services”) – Services provided by Topcarry, including, but not limited to hosting and maintaining the Platform, facilitating transactions between Users, and providing dispute resolution mechanisms.
1.9. Topcarry Wallet (also “OG Wallet”) – An electronic account provided by Topcarry to store funds used in transactions on the Platform. This includes the separate Bonus Account for Topcarry Coins.
1.10. Topcarry Bonus System (also referred to as “Bonus System”) – the set of rules and procedures by which Buyers are awarded Topcarry Coins (“OG Coins”).
1.11. Bonus Account (also referred to as “OG Coins Wallet”) – a separate electronic account designed and created on the Platform for each Buyer, dedicated to storing OG Coins used by a Buyer to purchase Seller Services and Goods in compliance with the Bonus Policy. The Bonus Account is automatically created and separate from the OG Wallet (fiat currency balance).
1.12. Topcarry Coin (also called “OG Coin” or “OG Coins”) – a virtual unit provided to the Buyer under certain conditions of the Bonus System for making partial payments for Goods and/or Seller Services on the Platform.
1.13. Topcarry Cashback (also referred to as “OG Cashback”) – A reward granted to Buyers in the form of OG Coins for purchasing Goods and/or Seller Services on the Platform. The awarded OG Coins are credited to the Buyer’s Bonus Account. OG Cashback is awarded for orders of any type of Goods and/or Seller Services and applied to the total payment amount minus any discounts and payments made with OG Coins.
1.14. Special Campaign (also referred to as “Campaign”) – a time-limited initiative introduced by Topcarry and designed to boost User engagement, increase participation or achieve specific business objectives, such as increasing sales, User registrations, or retention. Once the Campaign ends, any associated provisions may no longer apply unless explicitly extended or modified by Topcarry.
1.15. Commission – The fee charged by Topcarry for facilitating transactions and providing the Platform, including trading space, intermediary services, and payment security. Commission rates may vary based on transaction type and promotional periods.
1.16. Payment Method – Any method accepted by Topcarry for completing transactions on the Platform, such as credit cards, Accentpay, GooglePay, ApplePay, or payments via the Bonus Account, or such other method of payment as Topcarry may accept from time to time in Topcarry sole discretion.
1.17. Offer – Seller’s proposal outlining detailed terms of a potential transaction, including descriptions of Goods or Seller Services, pricing, and delivery terms, including product description in English language.
1.18. Order – Buyer’s expressed intent to purchase Goods or/and Seller Services based on an Offer published on the Platform.
1.19. Deal – A legally binding transaction between a Buyer and a Seller concluded on the Platform in accordance with this Agreement.
1.20. Sanctions – Disciplinary measures applied by Topcarry against Users violating this Agreement, which may include rating reductions, fines, or temporary/permanent suspension of User Profiles.
1.21. End-User License Agreement (EULA) – Legal terms governing the use of third-party games or software, with which Users must comply. Topcarry assumes no liability for Users’ compliance with such agreements.
1.22. Topcarry Chat (also referred to as “Online Chat” or “Chat”) – An integrated communication tool on the Platform, providing secure messaging channels between Buyers, Sellers, and Topcarry.
1.23. Subscription – A recurring, fee-based service granting Users specific privileges or enhanced Platform functionalities.
1.24. Refund Policy – Rules and conditions governing refunds or chargebacks, including applicable eligibility criteria, processing times, and associated fees.
1.25. Intellectual Property Rights – All intellectual property rights related to the Platform, its software, content, or related materials, owned exclusively by Topcarry or its licensors.
1.26. Topcarry Arbitration (also referred to as “Arbitration”) – An independent and neutral dispute resolution mechanism provided by Topcarry to facilitate the settlement of disputes between Users (See Section 9 below).
1.27. KYC/EKYC – “Know Your Customer” and “Electronic Know Your Customer” procedures used by Topcarry to verify the identity of Users through documentation such as passports, driver’s licenses, and proof of address.
1.28. Discounts – Promotional price reductions granted to Users under specific conditions, such as during special events or through official communications. The terms of Discounts may include validity periods, eligible Seller’s Services or/and Goods, or restrictions based on game titles.
1.29. Survival – Any provisions in this Agreement intended by their nature to remain in effect after termination or expiration of the Agreement, including Intellectual Property Rights, Indemnity and Limitation of Liability, Dispute Resolution and Topcarry Arbitration and any other provisions which by their nature are intended to remain in effect.
1.30. User-Generated Content – Ownership, rights, and permitted usage of content created or uploaded by Users.
1.31. Confidential Information – Protection of confidential information shared between Parties using the Platform.
1.32. Topcarry Customer Support (also referred to as “Customer Service” or “Customer Support”) – denotes the dedicated team and processes we have in place to assist Users. This includes handling inquiries, resolving account or technical issues, and providing guidance related to our products and Services. Our Customer Support team is your primary point of contact for any questions or concerns regarding your experience with Topcarry, ensuring that you receive timely and effective assistance.
1.33. Personal Data (also referred to as “Personal Information”) – Any information that relates to an identified or identifiable natural person. This includes, but is not limited to, details such as your name, contact information (e.g., email address, phone number), IP address, location data, and any other data that can directly or indirectly identify you. Personal Data is handled in accordance with our Privacy Policy and applicable data protection laws to ensure your information is safeguarded.
1.34. Intermediary Services – The technical interface, escrow and payment-processing functions, hosting and maintenance of the Platform, marketing tools, and dispute-resolution support provided by Topcarry as a neutral intermediary to facilitate the matching, negotiation and execution of Deals between Buyers and Sellers. Topcarry never acquires title to any virtual Goods or Seller Services, nor does it formulate or approve the terms or content of any Offer, or set prices.
For VAT purposes, the place of supply of Intermediary Services shall be determined in accordance with Article 44 of Council Directive 2006/112/EC (the “VAT Directive”) and shall not be treated as electronically supplied services to non-taxable persons under Article 7 of Commission Implementing Regulation (EU) No 282/2011. For supplies to or in non-EU jurisdictions, the place of supply and any applicable indirect-tax treatment shall be determined in accordance with the local tax laws and regulations of the relevant jurisdiction.
2. Topcarry Profile, Account Security, Personal Data, and Verification
This section outlines the process for creating an Topcarry Profile, your responsibilities regarding Account security and Personal Data, and the procedures for identity verification (KYC/EKYC). These provisions apply to all Users of the Topcarry Platform.
2.1. To fully access and use Topcarry Services and the Platform, you must create an Topcarry Profile by providing accurate, complete, and current Personal Information. By registering, you confirm that all submitted information is correct and that you are legally eligible to enter into binding agreements. By clicking “Sign Up” and using the Platform, you explicitly agree to be bound by this Agreement, the Privacy Policy, and any additional terms referenced by Topcarry. If you do not agree with any part of this Agreement, you must refrain from signing up or using the Platform. Registration is subject to Topcarry’s approval. Topcarry reserves the right to decline any registration for any lawful reason.
2.2. Registration and use of the Platform are intended solely for individuals aged 18 (eighteen) years or older who have the legal capacity to enter into binding contracts under applicable law. Users under 18 (“Minors”) may access and use the Platform only with explicit consent from a parent or legal guardian.
All transactions and activities carried out by Minors are deemed approved and supervised by their parent or legal guardian.
The parent or legal guardian assumes full responsibility and financial liability for all transactions, activities, or interactions conducted by the Minor on the Platform, including any resulting charges, fees, or obligations.
The parent or legal guardian ensures that the Minor adheres to Topcarry’s Agreement, Privacy Policy and other applicable documents and laws.
The parent or guardian indemnifies and holds harmless Topcarry from all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from the Minor’s use of the Platform or violation of this Agreement.
2.3. Registered users of the Topcarry Platform are referred to as “Users”, whereas unregistered visitors are referred to as “Site Visitors”.
2.4. To apply for Seller status, you must submit an application via https://topcarry.net, providing your nickname, email address, date of birth, a copy of a government-issued ID (e.g., passport or national ID card), and a description of the Seller Services or Goods you intend to offer. Upon Topcarry’s review and approval of your application, you will be granted Seller status, which entitles you to create Offers and sell Goods or Seller Services on the Platform. Topcarry may, at any time and upon first request, require you to provide proof of VAT registration (for example, a valid VAT identification number or equivalent documentation). If you fail to furnish such proof within 14 (fourteen) days of the request, Topcarry reserves the right to refuse or suspend your Seller status.
2.5. Topcarry reserves the right to request Personal Data, including your nickname, email address, date of birth, government-issued ID, taxpayer identification number (TIN), and other necessary information for purposes such as identity verification, compliance with tax obligations, security, regulatory compliance, customer support, or improving Platform functionality.
Topcarry may request additional documentation to verify the accuracy and authenticity of your information.
Personal Data will be processed strictly in compliance with our Privacy Policy and applicable data protection laws (e.g., GDPR).
Users have rights regarding their Personal Data—including access, correction, and deletion—as outlined in the Privacy Policy.
2.6. Topcarry reserves the right to conduct Know Your Customer (KYC) and Electronic KYC (EKYC) verification processes at registration, prior to significant transactions, or when suspicious activity is detected. These checks may be performed directly by Topcarry or through authorized third parties.
You agree to provide accurate and complete information and promptly submit additional documentation (copies of a valid passport, driver’s license, and/or proof of address to verify your identity) when requested.
Failure to comply with verification procedures—including providing false, misleading, or incomplete information — may lead to Account suspension or termination.
Topcarry may report suspicious activities to relevant authorities as required by law.
All data collected during KYC/EKYC checks will be processed in accordance with our Privacy Policy and applicable data protection laws (e.g., GDPR)
2.7. KYC/EKYC checks may be initiated before granting access to the Platform and Topcarry Services or at any time during your use of the Platform when deemed necessary. By accessing or using the Platform, you agree to:
Submit true, current, and complete information as requested during the registration process or at any time thereafter.
Promptly comply with any requests from Topcarry for additional information, documentation, or clarification necessary to verify your identity and eligibility to use the Services.
Ensure that all provided information remains accurate and up-to-date, notifying Topcarry of any changes as soon as possible.
Failure to comply with KYC/EKYC procedures, including providing false, misleading, or incomplete information, may result in the suspension or termination of your Profile. Topcarry may also report any suspicious activities to relevant authorities in accordance with applicable laws and regulations.
All information collected during the KYC/EKYC process will be handled in accordance with our Privacy Policy and applicable data protection laws (e.g., GDPR). Topcarry is committed to protecting your Personal Information and will use it solely for verification purposes and legal compliance.
2.8. You are solely responsible for maintaining the confidentiality and security of your Topcarry Profile. You agree to:
Protect your login credentials, use strong and unique passwords, and enable available security features.
Immediately notify Topcarry of any suspected unauthorized access or suspicious activity.
Acknowledge that Topcarry is not liable for any unauthorized transactions, purchases, or losses resulting from your failure to secure your account credentials.
2.9. If you do not understand or agree with this Agreement, you must not create an Topcarry Profile or use any Services provided by Topcarry.
2.10. Users are strictly prohibited from creating or maintaining multiple Topcarry Profiles (“Multi-accounts”). Violation of this policy may result in immediate suspension or termination of all related Accounts and forfeiture of any funds held within associated Topcarry Wallets. Users must contact Topcarry Customer Support if there is a legitimate need for multiple Accounts.
2.11. Topcarry complies with applicable anti-money laundering (AML) and counter-terrorist financing (CTF) regulations. Users explicitly acknowledge and agree to cooperate fully in any required AML/CTF procedures, including providing additional documentation upon Topcarry’s request.
3. Relationship between the Parties and Topcarry. Parties’ Responsibilities.
This section outlines the roles, responsibilities, and limitations of liability for both Users and Topcarry.
3.1. Topcarry provides the Platform solely as a neutral intermediary to facilitate communication, negotiation, payment processing, escrow, hosting, marketing and dispute-resolution support between Buyers and Sellers via the Topcarry Wallet. Topcarry does not acquire title to any virtual Goods or Seller Services, does not formulate or approve the terms of any Offer, and does not set prices or control the quality, legality, safety or performance of Seller Services or Goods. All Deals are concluded directly between Sellers and Buyers; Topcarry is not a party to any such Deal and disclaims all liability for its outcome. The presence of any Offer or listing on the Platform does not imply endorsement, sponsorship or recommendation by Topcarry. Pursuant to Article 56(1)(k)–(l) of Council Directive 2006/112/EC and Article 7 of Commission Implementing Regulation (EU) No 282/2011, Topcarry’s provision of technical interface, escrow-wallet and related electronic services does not constitute electronically supplied services to consumers and falls outside the scope of the EU One-Stop-Shop (“OSS”) regime. In the event of any dispute, Topcarry Arbitration serves solely as a neutral facilitator in accordance with this Agreement and applicable law.
3.2. Users may sell, buy, or exchange Seller Services and Goods via the Topcarry Platform. Users are solely responsible for evaluating the credibility of counterparties, negotiating transaction terms, and verifying the accuracy of all provided information, including product descriptions, delivery conditions, and other details before entering into any Deal. Topcarry merely facilitates the connection between Buyers and Sellers; all transactions are entered into directly between Users, and Topcarry is not a contracting Party to these Deals. Users must independently assess the suitability and legality of transactions, exercise due diligence throughout the process, and comply with all applicable laws, including those governing fraud and intellectual property.
3.3. Seller Obligations and Warranties:
Sellers agree and warrant the following:
All information provided in their listings must be accurate, current, and compliant with all applicable laws, including intellectual property rights and relevant End-User License Agreements (EULA).
Sellers have obtained all necessary rights, licenses, consents, and permissions to offer and sell Seller Services or Goods. Their offerings do not infringe any third-party rights.
Sellers are solely responsible for meeting all terms specified in their Offers, including prices, delivery times, and bonus conditions. Failure to fulfill these terms may result in sanctions, including rating reductions, fines, or termination of Seller status.
3.4. Users must not:
Engage in fraudulent activities or use automated tools (bots) to manipulate transactions or ratings.
Attempt to circumvent the Platform’s payment systems.
Share, sell, or otherwise transfer Gaming Accounts to third parties.
Post unlawful, defamatory, offensive, harmful content or violates the rights of any third party. Topcarry reserves the right to remove such content at its sole discretion and without prior notice.
Violations may result in sanctions including warnings, temporary suspension, or permanent termination of the Account. Topcarry reserves the right to withhold funds or impose fines as deemed necessary.
3.5. Topcarry shall not be responsible for:
Accuracy, legality, or reliability of User-Generated Content.
Delays, interruptions, or errors caused by factors outside Topcarry’s reasonable control.
Actions or inactions of Users regarding dispute resolution.
Security of a Buyer’s Gaming Account or Personal Data transmitted directly to Sellers or third parties.
Losses or damages from viruses, malware, or other harmful software resulting from misuse.
Performance or quality of third-party software, web browsers, operating systems, or hardware.
3.6. Sellers affirm that selling Seller Services or Goods does not infringe third-party rights, including trademarks, brand names, and trade information. These provisions apply to the usage of any copyright objects, including trademarks, brand names, and trade information. By using copyright objects, the Seller confirms having the necessary permission from their owners. Sellers affirm that they have obtained all necessary rights, licenses, consents, and permissions to offer their products and services, and that their offerings fully comply with all applicable laws and contractual obligations. By accepting the Agreement, the Sellers also confirm that they have rights to trading, distribution, and offering for sale of Seller Services and Goods related to third-party rights. In addition, the Sellers confirm that such trading, distribution, or Offers for sale do not violate third-party rights.
3.7. Sellers have the right to post any necessary information in the Offers description. Sellers must provide accurate descriptions, delivery times, and fulfill bonus conditions specified in Offers. Non-compliance may result in sanctions outlined in this Agreement.
Any information submitted on the Topcarry Platform gains legal power and is regulated by this Agreement. In case the Seller violates one of the provisions set by this Agreement or fails to deliver conditions discussed within Topcarry’s Chat, an arbitrary representative is entitled to apply the following sanctions:
Reducing the rating
Charging a fine
3.8. Neither Topcarry nor Sellers shall be liable for any sanctions, penalties, suspensions, or other disciplinary measures imposed on Users’ Gaming Accounts by third-party game developers, publishers, or platform operators as a result of transactions conducted through the Platform.
3.9. Topcarry reserves the right to delete, edit, or remove any information or content published on the Platform that violates current legislation, infringes upon third-party rights, or is otherwise deemed inappropriate by Topcarry.
3.10. Sellers are strictly prohibited from sharing, selling, or otherwise transferring Gaming Accounts to third parties. Any unauthorized assignment or transfer shall be deemed null and void and shall not be binding on Topcarry.
3.11. Topcarry offers Users Customer Support via Topcarry Chat on the Website or by email at support@topcarry.net.
4. Interaction between the Parties on the Platform. Deal-making Process
This section outlines the interaction between Users on the Topcarry Platform, including the detailed stages of Deal formation and completion, as well as processes related to cancellation, refunds, and dispute resolution.
4.1. All interactions between Buyers, Sellers, and Topcarry’s representatives must be conducted in a respectful and professional manner. Users are required to use the Platform’s built-in communication tools (e.g., Topcarry Chat) for all correspondence, ensuring both security and proper record-keeping.
4.2. The Seller shall deliver the Seller Services and/or Goods to the Buyer through the Platform in strict accordance with the terms and conditions agreed upon in the Deal. This delivery includes fulfilling all specified requirements, timelines, and quality standards as detailed in the Buyer’s Order and Seller’s Offer. The Seller is responsible for ensuring that the delivered Seller Services or/and Goods meet the agreed specifications, while the Buyer is responsible for promptly verifying and confirming receipt as outlined in this Section. All Deals are directly entered into between Users; Topcarry acts solely as an intermediary facilitating communication and payments via Topcarry Wallet, without owning or controlling Seller Services or Goods.
In the event of any discrepancies or non-compliance, the Buyer may initiate a dispute according to the procedures provided in Section 9 of this Agreement.
4.3. Transactions (Deals) on the Platform follow a standardized four-stage process:
4.3.1. Placed:
The Buyer places an Order in response to the Seller’s Offer available on the Platform. The Order is formed by selecting preferred execution options offered by the Seller. Note: The selection of these options may affect the base price stated in the Offer, thereby adjusting the final Order price and estimated completion time as displayed on the Platform.
This stage is designed for the Parties to mutually agree on the specific terms and conditions for the provision of Seller Services and/or Goods. Once the Seller accepts the Order conditions, a binding Deal is formed under the agreed terms.
To confirm the Order, the Buyer makes an advance payment through their Topcarry Wallet and/or Topcarry Coins Wallet, thereby expressing complete and unconditional consent to the agreed Order terms.
Sellers may either accept or reject the placed Order. The Deal is deemed to be formed once the Seller accepts the Order conditions.
Buyers may cancel the Order at this stage for a full refund to their Topcarry Wallet.
4.3.2. In Progress:
After acceptance, the Seller is required to commence and complete the delivery of the Seller Services or Goods in accordance with the agreed terms and within the specified timeframe.
The Seller must initiate fulfillment within the agreed timeframe, communicating clearly with the Buyer as necessary.
In cases where the terms of the Deal are not complied with or there are significant deviations from the agreed conditions, cancellation of the Deal during the “In progress” stage is permitted. The Buyer (or, where applicable, the Seller) may submit a cancellation request at any time during the “In progress” stage. In such cases, the User may be entitled to a full or partial refund. The refund will be processed in accordance with Topcarry’s Refund Policy, which includes a review and processing period of up to 14 (fourteen) days.
4.3.3. Confirmation:
Once the Seller has completed the delivery of the Seller Services or Goods, they must upload verifiable delivery evidence (such as screenshots or other proofs) via the Platform’s “My Sales” page.
The Buyer must confirm receipt by clicking the “Confirm Delivery” button. If no action is taken within 72 (seventy-two) hours after the Seller uploads evidence, the Deal will be automatically marked as “Completed.”
Alternatively, The Buyer may reject delivery and initiate a dispute resolution process via Topcarry Arbitration.
4.3.4. Completed:
After the Buyer’s acceptance (or automatic acceptance after 72 (seventy-two) hours), the Deal is deemed completed.
Funds are then released to the Seller’s Topcarry Wallet, and applicable OG Cashback is credited to the Buyer’s Topcarry Coins Wallet if the transaction was paid for with real money and is not disputed.
4.4. Throughout all stages, Users can:
Communicate clearly and transparently via Topcarry Chat by clicking the specialized chat button;
Contact Topcarry Arbitration via specialized button for dispute resolution according to procedures detailed in Section 9 of this Agreement.
4.5. Order Cancellation and Refund Policy:
Buyers may freely cancel Orders at the “Placed” stage for a full refund.
For cancellations, discrepancies, or disputes occurring after order acceptance, the request should be submitted as soon as the issue is identified. All such requests will be reviewed and processed in accordance with Topcarry’s Refund Policy, which may require up to 14 (fourteen) business days for complete processing.
Chargebacks initiated by Users after a completed Deal may result in account suspension, fines, or additional penalties.
4.6. All communications, transaction records, order details, and delivery evidence are securely stored on the Platform and may be referenced during dispute resolution. While Topcarry maintains these records for internal reference and transparency, Users are strongly encouraged to keep their own copies of all transaction-related documentation for additional backup and personal reference.
4.7. Additional guidelines on using the Platform’s interface and interactions between Buyers and Sellers are detailed in Topcarry’s Help Centre—Knowledge Base.
4.8. The Topcarry Refund Policy expressly sets forth the cases in which the Users are entitled to request a refund and other provisions on refunds.
4.9. Users initiating a chargeback after the Deal completion risk account suspension, fines, or other sanctions.
5. Topcarry Wallet, Payment Process, and Escrow
This section describes the Topcarry Wallet, transaction processes, escrow functionalities, and conditions related to funds management and release on the Topcarry Platform.
5.1. Upon the User’s first transaction on the Platform, Topcarry automatically creates an Topcarry Wallet. Sellers receive a dedicated Wallet for holding and withdrawing funds, while Buyers are provided with an Topcarry Wallet and a separate Bonus Account for storing OG Coins. OG Coins can be used for partial payment of transactions, subject to the Topcarry Bonus System.
5.2. All funds and OG Coins deposited into your Topcarry Wallet are held in escrow by Topcarry, acting as a guarantor for secure transactions. Funds and OG Coins remain protected in escrow until both Buyer and Seller confirm the successful completion of the Deal, or until the Deal is automatically confirmed after the specified period. Upon successful completion, funds are released to the Seller’s Topcarry Wallet, and any applicable OG Cashback is credited to the Buyer’s Bonus Account. In the event of technical issues or disputes, Topcarry will follow established procedures, based on the evidence provided, to resolve the matter.
5.3. By using the Platform, Users acknowledge and authorize Topcarry to act as their escrow agent. Users agree to follow all Platform rules and policies governing the use and management of their Topcarry Wallet and Bonus Account.
5.4. Funds deposited in the Topcarry Wallet may be used across multiple transactions and are not restricted to a single Deal. Deposited funds become immediately available for future transactions. Withdrawals from the Topcarry Wallet are subject to Topcarry’s processing times, withdrawal fees, and other conditions outlined on the Platform.
5.5. Sellers must deliver the Seller Services or Goods in exchange for virtual funds from the virtual balance held within the Topcarry Wallet, strictly according to the agreed Deal conditions. Funds are protected and remain secured until Deal completion.
5.6. Topcarry guarantees the security and integrity of the Topcarry Wallet and Bonus Account. In case of technical issues such as hacking, unauthorized access, or loss of funds, Users will receive a refund provided they submit sufficient evidence proving the issues were beyond their control and not caused by their own actions.
5.7. Sellers may retain funds in their Topcarry Wallet for a maximum of 90 (ninety) days. After this period, any available funds must be withdrawn using the approved methods provided on the Platform (e.g., bank transfer). However, Sellers reserve the right to request a withdrawal of their funds at any time on a one-time basis before the 90-day period is completed. Additionally, Buyers must ensure that their Wallet contains sufficient funds to cover the cost of the Digital Services or Goods being purchased.
5.8. All payments and withdrawals on the Platform are processed through authorized third-party payment providers. All transaction fees, including processing and withdrawal fees, are transparently detailed on the Platform. Sellers typically receive funds on a monthly basis or upon request, following verification. Additional fees or penalties may apply in case of failed transactions or chargebacks.
5.9. Buyers must ensure sufficient funds or OG Coins are available in their Topcarry Wallet or Bonus Account to cover the cost of any Seller Services or Goods they intend to purchase.
5.10. Users may transfer funds into their Topcarry Wallet via their Profile. Upon initiating a purchase, the corresponding amount is automatically transferred from their Wallet and charged immediately.
5.11. When transferring funds, Users recognize that they are not buying a specific Seller Service or Good but are transferring funds onto the balance of the virtual OG Wallet, which will be used to pay for the Seller Services or Goods being purchased.
6. Taxes, Commissions, Withdrawals and Refunds.
This section explains the commissions, fees, withdrawals, refund procedures, and tax compliance related to transactions conducted via the Topcarry Platform.
6.1. Upon successful completion of a Deal, Topcarry charges a Commission to the Seller for providing Intermediary Electronic Services, including access to the Platform and facilitation of Seller Services and Goods. Typically, the base Commission is set at 12% (twelve percent) of the transaction amount, though in certain cases, an increased Commission of up to 18% (eighteen percent) may apply. Additional fees for optional services or enhanced features may also be applied. Detailed calculations of Commission rates, supplementary fees, and any applicable adjustments based on factors such as average daily sales or promotional events are transparently provided on the Platform. Topcarry further charges a separate Payment System Commission for withdrawal services from the Seller’s Wallet, subject to VAT regulations applicable to the Seller’s jurisdiction and tax status.
6.2. Commission fees are automatically deducted from the funds transferred to the Seller’s Topcarry Wallet. Sellers may review detailed Commission information within their transaction history on the Platform.
6.3. Withdrawal of funds from the Topcarry Wallet to a Seller’s personal bank account or another selected payment method is subject to additional fees based on the payment method chosen. Please note that the rates provided below are for illustrative purposes only; the exact fee rates are determined on the Platform based on all relevant circumstances.
Examples of typical withdrawal fees include:
VISA/Mastercard (Debit cards): 3%
WMZ: 0%
PayPal: 5%
USDT, USDC, BTC: 5%
SEPA Transfer: 1.2%
SWIFT: 2%
Withdrawal processing times, minimum balance requirements, and exact fee schedules are provided on the Platform and may vary depending on the terms and conditions of third-party payment providers.
6.4. Topcarry may be required by applicable law to collect and remit certain taxes, such as VAT or income tax, from transactions conducted via the Platform. Users acknowledge that Topcarry will comply with applicable tax regulations and provide necessary documentation or transaction details for tax reporting. Users remain solely responsible for understanding and fulfilling their individual tax liabilities. Tax collection requirements and applicable rates may change due to legislative updates in relevant jurisdictions.
6.5. Refunds are available when Seller Services or Goods are not delivered or substantially differ from their described condition. Refund requests will be reviewed and processed in accordance with Topcarry’s Refund Policy, with a processing period of up to 14 (fourteen) business days. No payment processing fees will be deducted from the refunded amount.
6.6. Chargebacks initiated by a Buyer for a completed transaction may result in suspension or termination of the Buyer’s Account and the imposition of additional fees. Users are encouraged to contact Topcarry support directly to resolve any disputes or concerns before initiating chargebacks.
6.7. Topcarry acts solely as an intermediary and does not set or control the prices for Goods or Seller Services. Upon request, the Platform may furnish Users with unconditioned transactional data—such as account statements, payment confirmations or transaction logs—in the format and detail required for technical, accounting, or tax reconciliation, provided that such materials shall not constitute official tax invoices. All pricing of Goods and Seller Services remains entirely within the Sellers’ discretion as set forth in their Offers; Topcarry neither monitors nor amends those prices. Where required by applicable law, Sellers shall act as tax agents and collect, account for, and remit all applicable indirect taxes (including VAT, GST, sales tax or their equivalents).
7. VAT and Tax Obligations
7.1. Topcarry acts exclusively as an intermediary facilitating transactions between Users. Each User explicitly acknowledges and agrees that they are individually and solely responsible for complying with all applicable VAT and other tax obligations, including VAT registration, proper invoicing, reporting, and payment of any taxes arising from transactions conducted via the Platform. Topcarry does not assume any liability or responsibility for the calculation, collection, or remittance of VAT or other taxes due from transactions between Users, except as specifically mandated by applicable law.
7.2. The commissions and fees charged by Topcarry reflect consideration for intermediary services. Any VAT, GST, sales tax or equivalent indirect tax applicable to these amounts depends on the Seller’s place of establishment. Sellers are primarily responsible for complying with all such tax requirements, including the calculation, reporting and remittance of any applicable taxes. Where required by law, Topcarry may provide Sellers with transaction records or other documentation to assist in meeting these obligations.
7.3. Sellers acknowledge and agree that, in accordance with applicable law, they alone are responsible for all VAT and other indirect tax obligations arising from their supply of Services or Goods via the Platform. Topcarry’s sole duties in this regard are to facilitate payment processing and to furnish Sellers with transactional records for their internal accounting and tax filing purposes. Topcarry shall not collect, remit or account for any indirect taxes on Sellers’ behalf.
7.4. Where required by applicable law or upon a bona fide request by Buyers made in accordance with governing legislation, Sellers shall provide Buyers with all documents necessary for the Buyers’ accounting and tax obligations (including, without limitation, invoices, tax invoices, receipts, and other fiscal certificates), each clearly identifying the Seller as the provider of the relevant Seller Services or Goods. Topcarry shall have no obligation to verify or warrant the accuracy, completeness, or timeliness of any such documentation. Sellers shall indemnify and hold harmless Topcarry from any direct costs, penalties, interest, or other liabilities imposed by governmental authorities or payment processors arising from a Seller’s failure to timely or properly issue such documents or to provide valid tax registration details (e.g., VAT/GST identification numbers) upon request.
7.5. To ensure accurate application of tax regulations, Topcarry reserves the right to request from Sellers such evidence of tax registration or status (including, without limitation, VAT/GST identification numbers or equivalent documentation) as Topcarry reasonably deems necessary.
8. Non-Circumvention
Topcarry is committed to ensuring that all interactions and transactions between Users take place exclusively through the Platform. Users expressly agree to adhere to the following terms:
8.1. Users shall use only the official communication channels provided by the Platform (e.g., Topcarry Chat) for all correspondence. The Topcarry Platform shall be the sole means for any User to communicate with other Users. Users agree not to provide any information that would allow others to contact them directly by any means other than through the official Topcarry’s Website. Furthermore, Users must not seek, provide, or attempt to obtain personal contact information of other Users through public means or external sources, except for gaming-related data (such as in-game usernames or server information) necessary solely for in-game communication.
8.2. Users are strictly prohibited from circumventing the payment methods offered by the Platform, including, but not limited to, making payments or conducting transactions directly or outside of the Platform. Any attempts to bypass the Platform’s payment system — such as paying for Seller Services and Goods without using Topcarry as an intermediary — constitute a violation of this Agreement and will result in the immediate suspension or termination (or blocking) of the involved Users’ Profiles.
8.3. Topcarry reserves the right to monitor communications and transactions on the Platform to identify and prevent circumvention attempts. Users acknowledge and agree that such monitoring is necessary to maintain the integrity and security of the Platform.
8.4. Violation of the non-circumvention terms may lead to enforcement actions, including warnings, temporary suspension, permanent termination, or blocking of involved Users’ Topcarry Profiles. In serious cases, Topcarry reserves the right to report violations to relevant legal authorities.
9. Dispute Resolution and Topcarry Arbitration
Detailed process for resolving conflicts between Users, including timeframes and escalation procedures.
9.1. Topcarry Arbitration functions as a neutral, advisory intermediary to facilitate the resolution of disputes arising from transactions conducted via the Platform. The Arbitration process is designed to provide fair and unbiased recommendations based solely on evidence submitted by the Parties. Topcarry does not participate in the formation of any Deal, is not a contracting party to the supply of any Seller Services or Goods, and expressly disclaims any liability for the outcome of Arbitration, the performance of contractual obligations by Users, or the delivery, quality, legality or safety of any Seller Services or Goods.
9.2. Filing and Arbitration Process:
Users are first encouraged to resolve disputes amicably through Topcarry’s official support channels (Online Chat or Customer Support tickets), providing all relevant evidence (screenshots, chat logs, transaction details).
If no resolution is reached, Users may formally initiate a dispute by submitting a request to Topcarry Arbitration via the Platform.
Topcarry Arbitration reviews all provided evidence, hears claims from both sides, and issues a conclusion based on the merits of the case.
9.3. Arbitration Timeframe and Escalation:
Topcarry Arbitration will attempt to resolve disputes promptly, typically within 7 (seven) to 14 (fourteen) business days. Please note that this timeframe is indicative and may be extended depending on the complexity and specific circumstances of each case.f
9.4. Topcarry does not guarantee any specific outcome from the dispute process and is not liable for any damages, losses, or dissatisfaction arising from it. The Arbitration process shall be conducted in English language and in accordance with Topcarry’s procedures.
9.5. Abuse Prevention:
Topcarry reserves the right to suspend or terminate a User’s Profile if the User abuses the Arbitration process, such as frequently initiating unjustified disputes (for instance, filing arbitration claims in excess of one dispute per every four transactions). This measure aims to prevent exploitation of the Arbitration system for unwarranted refunds or other unjust benefits.
Topcarry is not liable for any damages, losses, or dissatisfaction arising from the dispute resolution process or the Arbitration outcomes. The recommendations provided by Topcarry Arbitration are solely intended to facilitate an amicable resolution and are non-binding. Topcarry is not responsible for any consequences resulting from enforcement actions, such as the suspension of a User’s Profile or the cancellation of refunds, as provided in this Agreement.
9.6. In cases of violations of this Agreement or the terms and conditions agreed upon by Users, Topcarry Arbitration may impose sanctions detailed in Section 10, following a thorough investigation.
10. Sanctions and Fine Policy
10.1. Topcarry may take action against any User who:
Violates any provision of this Agreement or related policies, including breaching any contractual obligations set forth herein;
Engages in abusive, fraudulent, or illegal behavior, such as directly targeting, abusing, or insulting other Users;
Provides false or misleading information to Topcarry and/or other Users;
Acts in a manner that exposes Topcarry or third parties to legal liability, or that undermines the integrity of the Platform;
Engages in conduct that is contrary to the interests of the Platform or the User community, including any illicit or illegal activity;
Fails to comply with legal requirements, or is required by law, legal process, or law enforcement to have their account suspended or terminated.
In such cases, Topcarry reserves the right to cancel the Agreement with the User and to suspend or permanently block the User’s Topcarry Profile, thereby revoking their access to the Platform.10.2. Topcarry reserves the right to impose sanctions on Users who violate any terms of this Agreement, related policies, or applicable laws. Sanctions may include, but are not limited to:
Warnings;
Temporary suspension of the User’s Profile;
Permanent termination of the User’s Profile.
Topcarry may withhold or deduct payments to Sellers, partially or completely, in the following cases:
Fraudulent or illicit activities;
Providing inaccurate information or making false claims;
Duplicate, erroneous, or invalid transactions detected on the Platform.
10.3. In cases where a Seller fails or refuses to deliver agreed Seller Services or Goods, Topcarry may impose sanctions, including but not limited to:
Reducing the Seller’s rating;
Issuing full or partial refunds to Buyers;
Revoking Seller status or limiting Seller privileges;
Removing the Seller from the Platform.
10.4. If a Seller cancels delivery or refuses to fulfill obligations shortly before the agreed deadline, Topcarry may impose a penalty fine up to 16% (sixteen percent) of the total Order value, deducted from the Seller’s Topcarry Wallet. If the OG Wallet lacks sufficient funds, the outstanding amount may result in a negative balance, recoverable from future transactions.
10.5. If a Buyer initiates a chargeback after the completion of a Deal, Topcarry reserves the right to suspend or terminate the Buyer’s Account and impose additional fees or penalties.
10.6. All sanctions will be communicated clearly to Users through the Platform. Topcarry is not liable for any consequences arising from enforcement actions or sanctions imposed under this policy. Users are strongly advised to resolve disputes through Topcarry Arbitration before resorting to external dispute mechanisms.
10.7. Topcarry reserves the right to cooperate with law enforcement or regulatory authorities by providing necessary information related to User activities that violate this Agreement or applicable laws.
11. Data Privacy and Protection
11.1. All Personal Data collected from Users is processed in accordance with our Privacy Policy and applicable laws, including but not limited to the General Data Protection Regulation (GDPR). Our Privacy Policy, which forms an integral part of this Agreement, explains in detail what data is collected, how it is processed, and the purposes for which it is used.
11.2. You have the right to access, correct, restrict, or request deletion of your Personal Data, as well as the right to data portability and to object to certain processing activities. For full details on your rights and the procedures for exercising them, please refer to our Privacy Policy.
11.3. Topcarry employs robust, industry-standard security measures — including encryption, firewalls, regular security audits, and continuous monitoring — to safeguard your Personal Data from unauthorized access, loss, or disclosure.
11.4. Users are responsible for maintaining the confidentiality of their login credentials and must promptly notify Topcarry of any suspected unauthorized access or data breach related to their Topcarry Profile. Topcarry will not be liable for losses arising from the User’s negligence in protecting their own login credentials.
11.5. Topcarry may update its data protection practices and Privacy Policy from time to time. In such cases, Users will be notified in accordance with applicable law, and an updated Privacy Policy will be made available on the Platform. Your continued use of our Services constitutes your acceptance of any such updates.
11.6. Users acknowledge and consent that their Personal Data may be transferred, stored, and processed outside of their country of residence, in compliance with GDPR and applicable data protection laws.
12. Indemnity and Limitation of Liability
12.1.The Platform is provided on an “as is” basis. While Topcarry strives to maintain a high-quality and secure environment, it does not guarantee uninterrupted, error-free, or completely secure access to the Platform, nor does it promise that the Platform will always meet all your expectations. Users understand and agree that Topcarry shall not be held liable for inconveniences, losses, or damages arising from the use or temporary unavailability of the Platform, including technical issues, delays, interruptions, or other service-related disruptions.12.2. Topcarry’s liability is strictly limited to providing Intermediary Services. Topcarry explicitly excludes liability for the Goods or Seller Services provided by Sellers or any direct or indirect outcomes arising from transactions between Users.12.3. Topcarry provides an intermediary Platform and, therefore, does not directly control or guarantee the quality, accuracy, legality, or reliability of Seller Services or Goods listed by Users. Similarly, Topcarry does not verify or guarantee compliance with End-User License Agreements (EULA) or other third-party contractual obligations related to Seller offerings. Users acknowledge and agree that they enter into transactions with other Users independently, relying solely on their own judgment and due diligence.12.4. User Indemnification:
Indemnification by Sellers:
Sellers shall indemnify, defend, and hold harmless Topcarry, its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising directly or indirectly from:
Any intellectual property infringement or breach of third-party rights related to Seller Services or Goods;
Any misrepresentation, inaccuracies, or omissions made by Sellers;
Sellers’ non-compliance with applicable laws, regulations, or this Agreement.
Indemnification by Buyers:
Buyers shall indemnify, defend and hold harmless Topcarry, its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Any breach of this Agreement by the Buyer;
Any violation of applicable law, third-party rights, or End-User License Agreements by the Buyer;
Any misuse, unauthorized access to, or unauthorized use of the Platform; or
Any claims by third parties resulting from the Buyer’s actions or omissions in connection with transactions on the Platform.
12.5 To the fullest extent permitted by law, Topcarry’s total liability to any User, whether in contract, tort (including negligence), or otherwise, arising from or related to the use of the Platform, shall not exceed the total Commissions paid by that User to Topcarry in the six (6) months preceding the event giving rise to the claim. This limitation covers all forms of damages, direct or indirect, consequential, incidental, or punitive, unless caused by Topcarry’s gross negligence, fraud, intentional misconduct, or as otherwise prohibited by applicable mandatory law.
12.6. Topcarry does not endorse, recommend, or guarantee any Goods or Seller Services offered by Sellers. The inclusion of any Goods or Seller Services does not constitute or imply an endorsement, sponsorship, or recommendation by Topcarry. Users acknowledge that any purchase or use of Goods or Seller Services from Sellers is made at their own discretion and risk.
12.7. Topcarry is not liable for the actions, omissions, or behavior of Users, including Sellers and Buyers, on the Platform. All transactions conducted on the Platform are between Users, and Topcarry disclaims any liability for disputes, losses, or damages arising from User actions, including fraud, misrepresentation, or breach of contract. Topcarry’s role in disputes between Users is limited to the procedures outlined in Clause 9. Topcarry does not guarantee the completion of transactions or the fulfillment of obligations between Users and disclaims any responsibility for ensuring the accuracy or legality of User-Generated Content.
12.8. The Platform may contain links to third-party websites or services that are not owned or controlled by Topcarry. Topcarry has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of these external resources is entirely at your own risk.12.9. If a Minor uses the Platform, their parent or legal guardian agrees to indemnify and hold Topcarry harmless from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or related to the Minor’s use of the Platform or any violation of this Agreement.
12.10. In the event of any claim, lawsuit, or legal proceeding brought against Topcarry by a third party—such as game developers, content creators, or rights holders — arising from an intellectual property violation related to the Seller Services or Goods provided by a Seller, that Seller agrees to indemnify, defend, and hold Topcarry harmless. This indemnification covers any claims alleging that the Seller’s offerings violate third-party intellectual property rights or breach licensing terms, including those under any EULA. The Seller shall bear full responsibility for any settlements, judgments, or legal penalties arising from such claims.
12.11. All indemnification obligations, limitations of liability, disclaimers, and related provisions intended to survive termination of this Agreement shall remain in effect even after the User ceases using the Platform.
12.12. Users explicitly acknowledge that any violation of the non-circumvention clause (Section 8 of this Agreement) leading to interactions or transactions outside of the Platform absolves Topcarry of any related liability, including loss of funds or damages.
13. Intellectual Property Rights
13.1. All Intellectual Property Rights in the Platform — including, but not limited to, trademarks, service marks, logos, designs, text, graphics, software, source code, and any other content (collectively, “Topcarry Content”) — are the exclusive property of Topcarry or its licensors. This ownership includes all updates, enhancements, and modifications made to the content.
13.2. Users are expressly prohibited from copying, reproducing, modifying, distributing, displaying, performing, or creating derivative works of any Topcarry Content without the prior written consent of Topcarry or the applicable rights holder. Additionally, Users shall not reverse-engineer, decompile, disassemble, or otherwise attempt to discover or extract any source code, underlying software, algorithms, or proprietary technology related to the Platform, all of which are protected under applicable intellectual property laws. Any unauthorized use or violation of these restrictions may result in immediate termination of your Topcarry Profile and may subject you to legal proceedings.
Topcarry does not claim any ownership rights or intellectual property interests in the Seller Services or Goods provided on the Platform, including but not limited to virtual items, Gaming Accounts, or coaching/boosting services. All such rights, including intellectual property and related proprietary interests, remain solely and exclusively with the respective Sellers or third-party rights holders
13.3. Nothing in this Agreement shall transfer or assign any Topcarry Intellectual Property Rights to Users. All rights not expressly granted in this Agreement are reserved by Topcarry or its licensors.
13.4. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Topcarry.
13.5. Topcarry complies with applicable intellectual property laws, including the Digital Millennium Copyright Act (DMCA). Users who believe their Intellectual Property Rights are being infringed on the Platform must submit a formal DMCA notice following the DMCA Policy available on the Platform. Upon receiving a valid notice, Topcarry will promptly investigate and take appropriate actions.
13.6. Users agree that any intellectual property violation committed by them on the Platform is their sole responsibility. Topcarry is not responsible for verifying Users’ legal compliance with third-party rights, and Users indemnify Topcarry against any claims arising from such infringements.
13.7. If you submit or post content on the Platform (“User-Generated Content”), you retain all ownership rights in such content. However, by posting it, you grant Topcarry a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, display, and create derivative works from your content solely for the purpose of operating, promoting, and improving the Platform and its services. Topcarry does not claim ownership of your User-Generated Content and will only use it in accordance with this Agreement. Topcarry reserves the right to remove or edit any User-Generated Content that violates this Agreement or applicable law.
13.8. Any third-party trademarks, product names, logos, and other intellectual property displayed on the Platform are the property of their respective owners. Their inclusion on the Platform does not imply endorsement, sponsorship, or recommendation by Topcarry. Topcarry makes no claim of ownership over such third-party content, and all rights — including title and ownership — associated with games or other third-party materials accessed through the Platform remain exclusively with the respective game developers or rights holders.
13.9. Topcarry reserves the right to take legal action against any User who infringes upon its Intellectual Property Rights. Such enforcement measures may include, without limitation, immediate termination of access to the Platform, restriction or suspension of the User’s Topcarry Profile, and the pursuit of damages or other legal remedies against the infringing User or any third party involved.
13.10. The obligations and restrictions set forth in this Intellectual Property Rights section shall survive the termination or expiration of this Agreement and the cessation of your use of the Platform.
14. Force Majeure
14.1. A “Force Majeure Event” is an event or circumstance beyond the reasonable control of a Party, including but not limited to acts of God, war, terrorism, hostility, sabotage, civil disturbances, governmental restrictions or regulatory changes, revolutions, riots, insurrections, epidemics, pandemics, strikes, technical failures, or any other events beyond a Party’s reasonable control.
14.2. Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is solely due to a Force Majeure Event, provided that the affected Party has not contributed to the occurrence of such event.
14.3. Notification and Mitigation:
The affected Party must promptly notify the other Party in writing, providing sufficient evidence of the Force Majeure Event and its direct impact on performance.
The affected Party shall take all commercially reasonable steps to mitigate the impact of the Force Majeure Event and to resume performance as soon as possible.
15. Amendments and Notifications
15.1. Topcarry reserves the right to modify or amend this Agreement at any time. Unless an alternative effective date is expressly provided in the updated version, any changes will become effective on the date the updated Agreement is published on the Platform. In cases where no effective date is specified, the updated Agreement shall take effect 30 (thirty) days after its publication. Users will be notified of any material changes at least 30 (thirty) days prior to the effective date. Your continued use of the Platform after the notice period constitutes acceptance of the revised Agreement. It is your responsibility to review this Agreement periodically. For transparency, an archive of previous versions of this Agreement will be maintained on the Platform. Official notices will be delivered through email, within your Account dashboard, or via the Platform’s Online Chat. It is your responsibility to keep your contact details up-to-date.
16. Survival
16.1. Notwithstanding the termination or expiration of this Agreement, the following provisions shall survive and continue in full force and effect:
Indemnity and Limitation of Liability
Intellectual Property Rights
Dispute Resolution and Topcarry Arbitration
Any other provisions which by their nature are intended to remain in effect
17. Miscellaneous
17.1. This Agreement, together with the Privacy Policy, Bonus Policy, and any other documents or policies expressly referenced and incorporated herein, constitute the entire agreement between Topcarry and the User with respect to accessing and using the Platform. This Agreement supersedes all prior and contemporaneous understandings, representations, agreements, and warranties, whether written or oral, regarding its subject matter.
17.2. This Agreement shall be governed by the current legislation of Georgia, the European Union, and other applicable jurisdictions, applicable law and regulation, including but not limited to GDPR compliance, and will incorporate best practices and standards for data protection, verification, and compliance.
17.3. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, that provision shall be deemed severable and removed from the Agreement without affecting the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
17.4. Topcarry reserves the right to immediately terminate your access to the Platform if you breach this Agreement. Upon termination, all rights granted under this Agreement will cease, and you must promptly discontinue your use of the Platform.
17.5. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between Topcarry and any User. Users have no authority to bind Topcarry or incur obligations on its behalf.
17.6. If you do not understand or agree with this Agreement, you must not create an Topcarry Profile or use any Services provided by Topcarry.
17.7. If you access the Platform via a mobile application, you agree to abide by any additional terms specific to that application. These terms may include, without limitation, requirements regarding permissions, data usage, and update policies.
17.8. For any issues or questions regarding this Agreement or other aspects of the Platform, please contact Topcarry’s Customer Support via email, phone, or through Online Chat on the Topcarry’s Website. All disputes will be handled in accordance with the dispute resolution procedures set forth in this Agreement.
17.9. Topcarry reserves the right to unilaterally modify, amend, or otherwise change this Agreement, the Privacy Policy, or additional terms by posting revised versions on the Platform. Topcarry may also introduce additional provisions or separate terms for temporary programs (such as marketing or promotional campaigns).
17.10. Topcarry reserves the right to assign, transfer, or delegate any of its rights and obligations under this Agreement to any third party without prior consent or notice to Users, provided such transfer does not negatively impact Users’ rights under this Agreement.
17.11. All official communications and notices exchanged between Topcarry and Users under this Agreement shall be conducted in English. However, informal communications or interactions, such as Customer Support or Сhat services, may be provided in other languages at Topcarry’s discretion and for the Users’ convenience. In the event of any conflict, ambiguity, or discrepancy between the English version and any translation or communication conducted in another language, the English version shall prevail.
17.12. Topcarry may issue region-specific Addenda or supplementary terms (“Local Addenda”) which will apply to Users located in particular jurisdictions. These Local Addenda shall constitute an integral part of this Agreement for applicable Users.
18. Contact Information
For any questions, concerns, or disputes regarding this Agreement, please contact Topcarry Customer Support at:
Email: support@topcarry.net
By using the Platform, Users explicitly acknowledge and accept that Topcarry’s obligations and liabilities are strictly limited to those of an intermediary agent as explicitly described in this Agreement, and that Topcarry shall bear no responsibility for the quality, legality, or fulfillment of any Seller Services or Goods.