This document is the offer of SE Svetlana Sergeevna Nagornaia to conclude an Agreement for Subscription Information Services on the terms specified below.
1. DEFINITIONS AND TERMS
1.1. As used herein, the following terms shall have the following meanings:
Contractor is SE Svetlana Sergeevna Nagornaia, OGRNIP (Primary State Registration Number of Sole Entrepreneur) 320784700107875, INN (Taxpayer Identification Number) 781139108280, registered as a sole entrepreneur on May 18, 2020 by Interdistrict Federal Tax Service Inspectorate of Russia No. 15 for Saint-Petersburg, address: Place of business: 26/1/249 Prospekt Bolshevikov, Saint Petersburg, providing the User with information services under the Subscription using the @Lana_trade_bot bot of the @LanaTrade Telegram channel.
Offer is the present Information Services Offer
document available on the Internet at https://lana.trade
Channel is the @LanaTrade information and analysis channel in the Telegram messenger (a Telegram channel), the rights to which are owned by the Contractor.
Subscription is providing the User with the opportunity to get access to the Channel's publications for a limited period of time for a fee under the terms of the Agreement.
Services are the services specified in Clause 2.1. of the Offer rendered to the User.
User is a legally capable natural person who has accepted the Offer.
Parties are the Contractor and the User.
Offer Acceptance is the User's complete and unconditional acceptance of the Offer through actions specified in Clause 3.2. of the Offer. Offer Acceptance means the Agreement conclusion.
Agreement is an agreement for paid subscription information services between the User and the Contractor, which is concluded by accepting the Offer in accordance with the terms set forth in the Offer and the provisions of Article 429.4 of the Civil Code of the Russian Federation (a subscriber’s agreement).
Personal Account is a program interface in the @Lana_trade_bot bot designed for interaction between the User and the Contractor in the course of Services rendering, which contains information about the User, Subscription purchased by the User, the User's contact information and other information necessary to render the Subscription services available to the User upon 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 opportunity of having information services for a fee (hereinafter the “Subscription Fee”) for a limited time period (hereinafter the “Subscription Period”), which is given by the Contractor to the User for the Subscription.
2.2. Under this agreement, the services include:
- publications of ideas (signals) based on technical analysis of stock charts of the Russian and American stock exchanges including comments and descriptions totaling at least 2 publications each business day of the relevant stock exchange;
- weekly and monthly final analysis of the signals published;
In addition, the Subscription Fee does not depend on the actual number of Services rendered during the Subscription Period.
2.3. The Subscription Services are rendered only in relation to the User's Telegram account which they used to accept the Offer.
2.4. The Contractor reserves the right to postpone a publication to another day and notify the User in the Channel no later than an hour before the opening of the relevant exchange.
3. TERMS AND PROCEDURE FOR SERVICES RENDERING
3.1. The Offer text contains all the essential terms and is the Contractor's offer to conclude an Agreement with any fully capable natural person using Telegram on the terms specified in the Offer text. This document is a public offer.
3.2. Procedure for the Agreement Conclusion:
3.2.1. The User shall read the terms of the Offer, information about the Contractor, information on the Services available under the Subscription and the terms of their rendering that can be obtained under the Subscription and information about the Subscription Fee and Subscription Period posted in the @Lana_trade_bot bot.
3.2.2. The User shall sign in.
3.2.3. The User shall add a bank card and/or electronic payment instrument to their Personal Account (the Added Card). For the purposes of this Offer, any bank card and/or electronic payment instrument added to the Personal Account (including those added upon Subscription before or after subscribing) shall be deemed the Added Card. The Contractor or a person authorized by her is entitled to write off the Subscription Fee from any of the Added Cards.
3.2.4. As the User takes the actions specified in Clause 3.2.1.–3.2.3. of the Offer, they accept the Offer by pressing the “Year with Lana” or “Month with Lana” (button or another button for the plan selection existing at the time of payment for the Subscription) and paying the Subscription Fee.
3.3. The Subscription Fee is charged for each Subscription Period selected by the User upon registration.
3.4. The User pays the Subscription Fee in accordance with the procedure provided for in this clause.
When specifying the Added Card details and using the card in the future, the User confirms and guarantees that they specified reliable and complete information about a valid bank card issued in their name; observe the rules of international payment systems and the requirements of the bank issuing the Added Card, including the procedure for bank transfers; specified reliable and complete information on the electronic payment instrument; comply with the requirements of the electronic money operator.
The Contractor reserves the right to require the User to confirm the information specified in the Personal Account of the @Lana_trade_bot bot, including the Added Card details, at any time and therefore request supporting documents (identity documents in particular), and failure to submit them may be equated by the Contractor with giving unreliable information and have consequences provided for by 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 in accordance with Russian law.
When subscribing, the User agrees that the Contractor is entitled to charge the Subscription Fee (recurring fee) set by the Contractor on the day of payment for each Subscription Period until the User refuses to extend the Subscription for the next Subscription Period.
3.5. The User understands and agrees that the Subscription is made for unlimited time by default from the moment of payment of the first Subscription Period. The User is entitled to discontinue the Subscription for the next Subscription Period in the Personal Account of the @Lana_trade_bot Telegram bot. In this case, the User shall be deprived of access to ordering Services under the Subscription on the day following the last day of the paid Subscription Period. In addition, the Subscription may be discontinued by the Contractor in other cases or on other grounds provided for in this Offer and applicable laws of the Russian Federation.
3.6. The Contractor is entitled to write off money from the Added Card 1 day before the end of the Subscription Period. If there is not enough money on the Added Card to renew the Subscription, the Contractor shall send the User a notification that the payment failed. If the payment failed at the first attempt of collection, a second attempt of fee collection shall be made on the last day of the Subscription Period. If a second attempt of fee collection fails, the Subscription shall be discontinued.
3.7. By accepting this Offer, the User gives their consent to automated recurring withdrawal of money from their account in payment for the Subscription and acknowledges that orders to write off money from their account, sent in accordance with this clause of the Offer, are the User's orders, and actions of the processing center and acquiring bank aimed at money withdrawal in accordance with this clause of the Offer are taken with the consent of the User.
Money starts to be written off automatically in accordance with this clause of the Offer if the following conditions are met:
· the User entered all the necessary details of the Added Card;
· the service for automated money withdrawal from the Added Card was enabled in the following way: automatically when making the first payment;
· the User clicked the “Pay” button (or another button similar in functions) thus confirming their 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, with no reservations or exceptions. If the User does not agree to the provisions of these documents, the User shall discontinue the Subscription.
3.9. Access to the Subscription shall be deemed granted to the User for the Subscription Period in full as the User pays the Subscription Fee, provided that the payment is registered in the electronic payment record system.
The Contractor's obligations to provide the User with access to the Subscription shall be deemed fulfilled whether the User requested the corresponding performance from the Contractor during the Subscription Period or not and regardless of the actual number and scope of the relevant Services rendered to the User during the Subscription Period.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES, GUARANTEES
4.1. The Contractor undertakes to:
4.1.1. provide the User with Services within the scope of the Subscription to the highest standard and within reasonable time limits;
4.1.2. immediately give the User any information regarding the Subscription Services;
4.2. The User undertakes to:
4.2.1. provide the Contractor with all information necessary for the Contractor to render the Services;
4.2.2. pay the Subscription Fee in accordance with the terms of the Offer.
4.2.3. not to record, distribute (publish, post on websites, copy, transfer or resell to third parties) the information the Contractor publishes in the Channel for commercial or non-commercial purposes, not to create information products based on it in order to commercialize them and not to use this information otherwise than for personal use.
4.2.4. independently assess economic risks, benefits and tax, legal and accounting effects of the transaction, their willingness and ability to take such risks.
4.2.5. be guided by a set of factors when making an investment decision and preclude decision-making based only on the materials published in the Channel.
4.2.6. observe the Use Rules of the Channel Chat.
4.3. The Contractor is entitled to:
4.3.1. request additional information necessary for the Services rendering from the User;
4.3.2. suspend or discontinue the Services if the User violates their obligations under the Offer.
4.3.3. change the Channel Regulations unilaterally and without notice.
4.3.4. give the User an opportunity to comment on the Channel publications (the 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 from the 31st day of subscription.
If a refund (unsubscription) was issued by the User during the first 30 days of the subscription, and a new subscription was subsequently issued, the subscription period begins to be calculated anew from the moment of registration of a new subscription.
For users with a subscription 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 is entitled to:
4.4.1. discontinue the Subscription before the scheduled date by sending an application to the Contractor and providing the data necessary for early discontinuation of the Subscription.
In this case, the refund of funds is carried out only from the date of receipt by the Contractor of the User's application for a refund of funds, and not from the date of the User's independent Subscription from the Channel, if User made it.
The User must send an email to the Contractor email@example.com a identity document, as well as an application made in accordance with the established form.
4.5. The User guarantees that they are legally capable and attained the age required to make the transaction provided for in the Offer.
4.6. The User guarantees reliability of the personal information provided during registration and when subscribing and assumes full responsibility for its accuracy, completeness and reliability. The User takes all possible risks associated with their actions taken incorrectly or inaccurately in the personal information provided.
4.7. The User confirms that they have read in full and unconditionally agreed to the Offer and that they understand the provisions of the Offer and the documents the Offer refers to.
4.8. The User agrees to receive advertising and informational messages. The User is entitled to refuse to receive advertising messages under the procedure specified in the Personal Account or following the instructions contained in the received message.
5. SUBSCRIPTION FEE AND PAYMENT TERMS
5.1. The Subscription Fee specified in the @Lana_trade_bot bot shall include the Contractor's remuneration and all costs and expenses associated with rendering the Subscription Services unless otherwise provided by the Offer.
5.2. The Subscription Fee is paid through non-cash payment from the Added Card under the procedure specified in the Offer.
5.3. All payments under the Agreement in accordance with the terms set forth in it shall be made in Russian roubles.
6. PERSONAL DATA
6.1. The User gives their consent for the Contractor to process their personal data, provided when purchasing the subscription.
6.2. The processing of personal data means recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer to third parties (distribution, placing at their disposal, access), including cross-border transfer to third parties, depersonalization, blocking, deletion, destruction of personal data which do not belong to the special categories that require the User's written consent to processing according to applicable laws of the Russian Federation.
6.3. Personal data are processed for the purpose of fulfilling the Contractor's obligations hereunder and for sending information and advertising to the email specified by the User upon registration. In addition, personal data are processed to improve the Contractor's services using the analysis of the said information and to detect, prevent, mitigate and investigate fraud or illegal actions towards the Channel and the information published in it as the Contractor's intellectual property.
6.4. The User's personal data are processed by the Contractor using databases in the Russian Federation.
6.5. The User may withdraw the consent to personal data processing at any time by sending the Contractor a corresponding 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 via the email, contact phone number and Telegram account the User specified when registering in the Channel. The User may withdraw the consent to receive newsletters and advertising materials at any time by sending the Contractor a corresponding notification to the address: email@example.com.
7. PERIOD OF VALIDITY OF THE AGREEMENT
7.1. The Agreement enters into force from the moment of its conclusion and shall be valid:
7.1.1. until the Parties fulfill their obligations under the Agreement or
7.1.2. until the Agreement is terminated in accordance with the procedure specified in Clause 7.3 of the Agreement.
7.2. The Parties agreed that the Contractor is entitled to make changes to the Contract unilaterally, which enter into force from the moment of publication of the amended text of the Offer, unless another date for the changes commencement is specified in the amended text of the Offer.
7.3. The Agreement may be terminated:
7.3.1. by agreement between the Parties at any time;
7.3.2. by any of the Parties with written notice sent to the other Party, including that in electronic form, and the date of termination shall be the date of sending such notice.
8. LIABILITIES OF THE PARTIES
8.1. The Parties shall be liable for violation of the terms of the Agreement as provided for by the Agreement and/or applicable laws of the Russian Federation.
8.2. The Contractor is entitled to withdraw from the Agreement unilaterally and without judicial procedures if the User violates the terms set out in Clauses 4.2.3., 4.5–4.7. of the Offer.
8.3. The Parties shall not be responsible for partial or complete failure to fulfil their obligations hereunder if such failure was caused by force majeure arising after the conclusion of this Agreement or was a result of force majeure events, which the Parties could not foresee or prevent with reasonable efforts. Force majeure includes events which a Party cannot affect and for which it is not responsible, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power failures that are not caused by the Parties, measures and documents 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 beyond the control of the parties, but not limited to the above.
8.4. To counteract the Users' misconduct, the Contractor reserves the right to withdraw from the Agreement unilaterally and without judicial procedures in case of detection of the corresponding misconduct, including the User's violation 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 information and analysis materials, reflect the author's personal view, are not individual investment advice and are addressed to an unlimited number of people;
· the financial instruments or transactions mentioned in the Channel may fail to suit the User and conform their investment profile, financial status, experience in investment, knowledge, investment objectives, risk and yield attitude;
· determining compliance of a financial instrument or transaction with investment objectives, investment horizon and risk tolerance is the User's task;
· the Contractor does not take into account the objectives, capabilities and financial status of certain Users when writing materials posted in the channel;
· the Contractor shall not be liable for probable losses of the User resulting from transactions or investments in financial instruments mentioned in the Channel;
8.6. The User understands that the information contained in the Channel publications cannot be deemed a public offer, offer or invitation to purchase or sell any securities, other financial instruments, or make transactions with them, nor can it be deemed guarantees or promises of future yield of investments, the risk level, the amount of costs or investment make-out.
8.7. The information contained in the Channel publications is not an advertisement of securities.
8.8. Given the possible business relationships with companies, information about which may be contained in the information materials published in the Channel, I warn you about a possible conflict of interests, which may affect the information objectivity.
8.9. The User acknowledges and agrees that all the content of the Channel is copyrighted and protected under trademark rights and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in relation to all now known or hereafter invented technologies. No rights to any content of the Channel, including, but not limited to audiovisual works, texts, graphic materials and trademarks, shall be assigned to the User as a result of concluding this Agreement.
8.9. If the User violates Clause 4.2.3., the User shall pay the Contractor a compensation of 100,000 (one hundred thousand) rubles for each violation in accordance with Article 1301 of the Civil Code of the Russian Federation. This does not release the User from criminal responsibility under Article 146 of the Criminal Code of the Russian Federation.
8.10. The Contractor is entitled to restrict (temporarily or permanently) the User's ability to use the Channel Chat if they violate the Channel Regulations.
8.11. Gift weeks within the Contractor's periodic promotions do not apply to persons who discontinue their subscription prior to the scheduled date before the expiration of the paid period.
9.1. The Agreement, its conclusion and performance shall be regulated by applicable laws of the Russian Federation. All the issues not regulated or partially regulated by the present Agreement shall be regulated according to the legislation of the Russian Federation.
9.2. The User's claims are accepted at the email firstname.lastname@example.org and shall also be sent in writing to the address specified in Section 10 of the Offer if necessary at the Contractor's request.
The term of reviewing a User's claim is up to 10 (ten) days from the date of its receipt.
9.3. If any dispute between the User and the Contractor regarding the Agreement is not settled by negotiation, it shall be settled in court in accordance with applicable laws.
9.4. If one or more provisions of the Agreement are invalid or unenforceable for any reason, this shall not entail invalidity of any other provision of the Agreement which remains in force.
9.5. The Contractor is entitled to change the recurring fee for the Subscription unilaterally. In this case, the User who has subscribed and paid for the Subscription (with automatic subscription renewal) shall be notified of such a change no later than 2 calendar days before the changes take effect by posting information on the new recurring fee in the @Lana_trade_bot bot and in marketing and advertising materials given to the Users. That notwithstanding, the fee for the Subscription Period actually paid by the User at the time of making the relevant changes shall not be changed.
10. DETAILS OF THE CONTRACTOR:
Svetlana Sergeevna Nagornaia
OGRNIP (Primary State Registration Number of Sole Entrepreneur) 320784700107875
Place of business: 26/1/249 Prospekt Bolshevikov, Saint Petersburg
INN (Taxpayer Identification Number) 781139108280
Account No. 40802810703500032981
Branch of Public Joint-Stock Company «Bank Otkritie Financial Corporation»
Correspondent account No. 30101810845250000999