This document constitutes an offer Lana Invest Limited (registration number C99044) to enter into an Agreement for the provision of information services by subscription, subject to the conditions set out below
1. DEFINITIONS AND TERMS
1.1. For the purposes of this document, the following terms are used with the following meanings:
Contractor is Lana Invest Limited, 5, Office 2, Spinola Residence, Spinola Road, St. Julian’s STJ 3012, Malta, Registration number C99044, providing the User with information services within the framework of the Subscription using the @Lana_trade_bot bot of the @LanaTrade Telegram channel.
Offer - this document "Offer for the provision of information services" posted on the Internet at the website https://lana.trade/offertg
Channel — information and analytical channel @LanaTrade in the Telegram messenger (telegram channel), the copyright holder of which is the Contractor.
Subscription - providing the User, under the terms of the Agreement with the opportunity to get an access to the Channel's publications for a limited period of time for a fee.
Services - the services specified in clause 2.1. Offers provided to the User.
User - a capable natural person who has accepted the Offer.
Parties - the Contractor and the User.
Offer Acceptance - full and unconditional acceptance of the Offer by the User by performing the actions specified in clause 3.2. Offers. Acceptance of the Offer means the conclusion of the Agreement.
- Agreement - an agreement for the provision of reimbursable rendering of information services by subscription between the User and the Contractor, which is concluded through the acceptance of the Offer, in accordance with the conditions set forth in the Offer.
Personal Account - the software interface of the User's interaction in the bot @Lana_trade_bot . with the Contractor as part of the provision of the Services, which contains information about the User, the Subscription purchased by the User, the contact details of the User and other information necessary to provide services under the Subscription, available to the User after performing the actions specified in clause 3.2 of the Offer.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of the Agreement concluded on the terms of the Offer is the provision of information services by the Contractor to the User as part of the Subscription for a fee (hereinafter - the "Subscription Cost") for a limited period of time (hereinafter - the "Subscription Validity Period").
2.2. Within the framework of this agreement, services include:
•publishing ideas (alerts) based on technical analysis of stock charts of the Russian and American stock exchanges with comments and descriptions in the amount of at least 2 publications every working day of the corresponding stock exchange;
•weekly and monthly summary analytics for published trade alerts.
At the same time, the Subscription Cost does not depend on the actual number of Services provided during the Subscription Validity Period.
2.3. Services within the framework of the Subscription are provided only in relation to the User's Telegram account, from which the Offer Acceptance was made.
2.4. The Contractor reserves the right to postpone a publication to another day, which notifies the User in the Channel no later than an hour before the opening of the relevant exchange.
3. CONDITIONS AND PROCEDURE FOR PROVIDING SERVICES
3.1. The Offer text contains all the essential conditions and is an offer of the Contractor to conclude an Agreement with any fully capable individual using Telegram, on the terms specified in the text of the Offer. This document is a public offer.
3.2. Procedure for the Agreement Conclusion:
3.2.1. The User gets acquainted with the terms of the Offer, information about the Contractor, about the Services available as part of the Subscription, and the terms of their provision that can be obtained as part of the Subscription, as well as information about the Subscription Cost and the Subscription Validity Period posted in the bot @Lana_trade_bot.
3.2.2. The user goes through the authorization procedure.
3.2.3. The user goes through the procedure of linking a bank card and / or electronic means of payment to his Personal Account (Linked Card). For the purposes of this Offer, any bank card and / or electronic means of payment linked to the Personal Account (including those linked during the Subscription registration before its registration, or after its registration) are considered a Linked Card. The Contractor or a person authorized by him has the right to write off the amount of the Subscription Cost from any of the Linked Cards.
3.2.4. The user after performing the actions specified in clause 3.2.1. - 3.2.3. Of the Offer, accepts the Offer by pressing the "Year with Lana" or "Month with Lana" button (or another name for the button indicating the choice of the tariff in effect at the time of payment for the Subscription) and payment of the Subscription Cost.
3.3. The Subscription Fee is charged for each Subscription Period selected by the User upon registration.
3.4. The entry of the Subscription Cost is made by the User in the manner prescribed by this clause/
When specifying the data of the Linked Card and further use of the Linked Card, the User confirms and guarantees that he / she has provided accurate and complete information about a valid bank card issued in his name; compliance with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with respect to the procedure for conducting non-cash payments; providing them with reliable and complete information about the electronic means of payment; compliance with the requirements of the electronic money operator.
The Contractor reserves the right at any time to demand from the User confirmation of the data specified by him in the Personal Account of the bot @Lana_trade_bot , including the data of the Linked Card, and in this regard to request supporting documents (in particular, identity documents), the failure to provide , at the discretion of the Contractor, may be equated to the provision of inaccurate information and entail the consequences provided for in clause 4.3.2 of this Offer.
The User pays the Subscription Fee through integrating the Telegram bot and the Cloud payments or PayPal payment system selected by the User at the first payment while the Contractor is the payment recipient. The Contractor does not guarantee that there will be no errors and failures regarding the option of non-cash payment. The Contractor is not a payment service provider.
When subscribing, the User agrees that for each Subscription Period, the Contractor has the right to charge the Subscription Cost (subscription fee) set by the Contractor on the day of payment in advance, until the User refuses to renew the Subscription for the next Subscription Period.
3.5. The User understands and agrees that the Subscription by default is issued indefinitely from the date of payment for the first Subscription Period. The User has the right to terminate the Subscription for the next Subscription Period in the Personal Account of the Telegram bot @Lana_trade_bot. In this case, access to the order by the User of the Services under the Subscription terminates from the day following the last day of the paid Subscription Period. In addition, the Subscription may be terminated by the Contractor in other cases or on other grounds provided for by this Offer.
3.6. One day before the end of the Subscription Period, the Contractor has the right to debit funds from the Linked Card. In the absence of a sufficient amount of funds on the Linked Card to renew the Subscription, the Contractor sends a notification to the User that the payment has failed. If at the first attempt to write off the payment did not go through, then on the day of the end of the Subscription Period, a second attempt is made to write off. If the repeated attempt to write off does not work, the Subscription is terminated.
3.7. The User, accepting the terms of this Offer, gives his consent to the automatic periodic debiting of funds from his account in payment for the Subscription, and acknowledges that the orders for debiting funds from his account, sent in accordance with this clause of the Offer, are orders of the User himself, and the actions of the processing center and the acquiring bank aimed at debiting funds in accordance with this clause of the Offer are performed with the consent of the User.
The withdrawal of funds in accordance with this clause of the Offer begins to occur on an automatic basis, subject to the following conditions:
•input by the User of all the necessary details of the Linked Card;
•activation of the service for debiting funds on an automatic basis from the Linked Card in the following way: automatically when making the first payment;
•clicking the "Pay" button (or another button similar in functionality), confirming the User's consent with this Offer.
3.8. By subscribing, the User shall be deemed to have accepted the terms of the Offer and the provisions of the documents this Offer refers to in full, without any reservations or exceptions. If the User disagrees with the provisions of these documents, the User is obliged to terminate the Subscription.
3.9. Access to the Subscription is considered to be provided to the User for the Subscription Period in full from the moment the User pays for the Subscription Cost, provided that the fact of payment is reflected in the electronic payment accounting system.
The obligations of the Contractor to provide the User with access to the Subscription are considered fulfilled to the User regardless of whether the User requested the corresponding performance from the Contractor during the Subscription Period, as well as regardless of the actual number and volume of the relevant Services provided to the User within the Subscription Period.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES, WARRANTIES
4.1. The Contractor undertakes:
4.1.1. provide the User with the Services in a quality manner and within a reasonable time within the framework of the Subscription.
4.1.2. immediately bring to the attention of the User any information related to the provision of Subscription Services.
4.2. The User undertakes:
4.2.1. provide the Contractor with all the information, provide the information that is necessary for the provision of the Services by the Contractor.
4.2.2. pay the Subscription cost in accordance with the terms of the Offer.
4.2.3. do not record, not distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information published by the Contractor in the Channel, not create information products on itsbasis in order to generate commercial profit, and also use this information in any way - otherwise than for personal use.
4.2.4. independently assess the economic risks and benefits, tax, legal, accounting consequences of the transaction, their readiness and ability to accept such risks.
4.2.5. when making an investment decision, be guided by a set of factors, excluding making decisions solely on the basis of materials published in the Channel.
4.3. The contractor has the right:
4.3.1. Request from the User additional information necessary for the provision of the Services.
4.3.2. In case of violation by the User of his obligations under the Offer, suspend or terminate the provision of the Services.
4.3.3. Unilaterally change the Channel Rules without additional notice.
4.3.4. Provide the User with the opportunity to comment on the publications of the Channel (Channel Chat), taking into account the fulfillment of the conditions specified in clause 4.3.5 of this Offer.
4.3.5. Access to the channel chat can be provided by the Contractor to the User only starting from the 31st day of subscription.
If, during the first 30 days of the subscription, the User has issued a refund (unsubscribe), and subsequently a new subscription is issued, then the subscription period begins to be calculated anew from the date of the new subscription.
For users with a subscription term for tariffs for a period of more than one month, the opportunity to comment on the Channel's publications can be provided by the Contractor from the 31st day of subscription.
4.4. The User has the right to Early terminate the Subscription by sending an application to the Contractor and providing the necessary data for early termination of the Subscription.
In this case, the refund is carried out only from the date of receipt by the Contractor of the User's application for the return of funds, and not from the date of the User's independent unsubscribe from the Channel, if he made it.
To return funds to a bank card, the User must send an identity document to the Contractor's email address email@example.com, as well as an application drawn up in the prescribed form.
4.5. The user guarantees that he is legally competent and has reached the age required to complete the transaction provided for in the Offer.
4.6. The user guarantees the accuracy of the personal information provided during registration and during the registration of the Subscription, assumes full responsibility for its accuracy, completeness and reliability. The user assumes all possible risksassociated with his actions committed with errors or inaccuracies in the provided personal information.
4.7. The user confirms that he has fully read and unconditionally agreed with the Offer, as well as the fact that he understands the provisions of the Offer and the documents to which the Offer refers.
4.8. The user gives his consent to receive messages of an advertising and informational nature. The user has the right to refuse to receive advertising messages in the manner specified in the Personal Account or following the instructions specified in the message received.
5. COST OF SUBSCRIPTION AND TERMS OF PAYMENT
5.1. The cost of the Subscription is indicated in the bot @Lana_trade_bot includes remuneration and all expenses of the Contractor associated with the provision of Services within the framework of the Subscription, unless otherwise provided by the Offer.
5.2. Payment of the Subscription Cost is made by non-cash payment from the Linked Card in the manner described in the Offer.
5.3. All settlements under the Agreement in accordance with the conditions set forth in the Agreement are made in US dollars.
6. PERSONAL DATA
6.1. The User gives his consent to the Contractor for the indefinite processing of his personal data provided when purchasing a subscription.
6.2. The processing of personal data means the recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer to third parties (distribution, provision, access), including cross-border transfer to third parties, depersonalization, blocking, deletion, destruction of personal data that does not fall under special categories, the processing of which requires the written consent of the User.
6.3. The processing of personal data is carried out in order to fulfill the obligations of the Contractor under this agreement, as well as in order to send information and advertising messages to the e-mail address specified by the User during registration. In addition, the processing of personal data is carried out to improve the services of the Contractor based on the analysis of the specified information, as well as to detect, prevent, mitigate the consequences and investigate fraudulent or illegal actions in relation to the channel and the information published in it, as an object of intellectual rights of the Contractor.
6.4. The processing of the User's personal data is carried out by the Contractor using databases.
6.5. The User can withdraw consent to the processing of personal data at any time by sending the Contractor a notification to the address: firstname.lastname@example.org
6.6. The User agrees to receive newsletters and advertising materials from the Contractor, or from other persons on behalf of the Contractor, to the email address, phone number and Telegram account specified by the User when registering on the Channel. Consent to receive newsletters and advertising materials can be revoked by the User at any time by sending the Contractor a notice to the address: email@example.com
7. DURATION OF THE AGREEMENT
7.1. The Agreement comes into force from the moment of its conclusion and is valid:
7.1.1. Until the Parties fulfill their obligations under the Agreement or
7.1.2. Until the termination of the Agreement in the manner specified in clause 7.3 of the Agreement.
7.2. The Parties agreed that the Contractor has the right to unilaterally make changes to the Agreement, which come into force from the moment of publicationof the amended text of the Offer, unless another date for the entry into force of the changes is indicated in the amended text of the Offer.
7.3. The Agreement may be terminated:
7.3.1. by agreement of the Parties at any time;
7.3.2. on the initiative of any of the Parties with written notification of the other Party, including in electronic form, and the date of such notification is considered the date of termination.
8. LIABILITY OF THE PARTIES
8.1. For violation of the terms of the Agreement, the Parties bear responsibility established by the Agreement and / or current legislation.
8.2. The Contractor has the right to withdraw from the Agreement unilaterally out of court in case of violation by the User of the conditions set forth in cl. 4.2.3., 4.5-4.7. Offers.
8.3. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, or if the failure to fulfill obligations by the Parties under the Agreement was the result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that the Party cannot influence and for the occurrence of which it is not responsible, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power failures that occurred through no fault of Parties, actions and acts of authorities adopted after the conclusion of the Agreement and making it impossible to fulfill the obligations established by the Agreement, and other unforeseen circumstances and events and phenomena beyond the control of the parties, but not limited to the above.
8.4. In order to counteract the unfair behavior of the Users, the Contractor reserves the right to refuse the Agreement unilaterally out of court in case of revealing the corresponding unfair behavior, including in case of violation by the User of the Contractor's copyright and / or the terms of the Offer.
8.5. The User is warned and understands that:
- the materials presented in the Channel are of an informational and analytical nature and reflect the personal view of the author, are not individual investment recommendations and are addressed to an unlimited number of persons;
- financial instruments or operations mentioned in the Channel may not be suitable for him, may not correspond to his investment profile, financial position, investment experience, knowledge, investment goals, attitude to risk and profitability;
- determination of the compliance of a financial instrument or operation with investment goals, investment horizon and risk tolerance is the task of the User;
- when compiling materials posted on the channel, the Contractor does not take into account the goals, capabilities and financial situation of certain Users.
- the Contractor is not responsible for possible losses of the User in the event of transactions or investment in financial instruments mentioned in the Channel.
8.6. The User understands that the information contained in the publications of the Channel cannot be considered as a public offer, offer or invitation to purchase or sell any securities, other financial instruments, to make transactions with them, nor can it be considered as guarantees or promises in future return on investment, level of risk, size of costs, break-even investment.
8.7. The information contained in the publications of the Channel is not an advertisement for securities.
8.8. Taking into account possible business relationships with companies, information about which may be contained in information materials published in the Channel, I warn about the possibility of a conflict of interest that may affect the objectivity of information.
8.9. The User acknowledges and agrees that all the content of the Channel is protected by copyright, trademark right and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and with respect to all technologies, as existing currently, and developed or created afterwards. No rights to any content of the Channel, including, but not limited to, audiovisual works, text and graphic materials, trademarks, do not pass to the User as a result of the conclusion of this Agreement.
8.10. In case of violation of clause 4.2.3. The User pays the Contractor compensation in the amount of 100 (one hundred) US dollars for each fact of such a violation.
8.11. The Contractor has the right to restrict (temporarily or permanently) the User's ability to use the Channel's chat in case of violation of the Channel Rules.
8.12. Gift weeks for periodic promotions of the Contractor do not apply to persons who terminate their subscription early before the expiration of the paid period.
9. OTHER CONDITIONS
9.1. The Agreement, its conclusion and execution are governed by applicable law. All issues not regulated by the Agreement or not fully regulated are regulated in accordance with the law.
9.2. Claims from the User are accepted to the email address firstname.lastname@example.org, and, if necessary, at the request of the Contractor, are also sent in writing to the address specified in section 10 of the Offer.
The term for consideration of the User's claim is up to 10 (ten) days from the date of its receipt.
9.3. If disputes between the User and the Contractor in relation to the Agreement are not resolved through negotiations between the Parties, they are subject to judicial review.
9.4. In the event that one or more provisions of the Agreement are for any reason invalid, unenforceable, such invalidity does not affect the validity of any other provision of the Agreement, which remain in force.
9.5. The Contractor has the right to unilaterally change the amount of the subscription fee for the Subscription. In this case, the User who has subscribed and paid for the Subscription (with automatic renewal of the subscription) is notified of such a change no later than 2 calendar days before the changes take effect by posting information about the new amount of the subscription fee in the bot @Lana_trade_bot, in marketing and advertising materials, provided to Users. At the same time, the cost of the Subscription Validity Period actually paid by the User at the time of making the appropriate changes is not subject to change.
10. DETAILS OF THE CONTRACTOR:
Lana Invest Limited
5, Office 2, Spinola Residence, Spinola Road, St. Julian’s STJ 3012, Malta
Registration number C99044
Ac number 1741820100001
Iban MT15 PYMX 0901 4000 0017 4182 0100 001