The present document (“Agreement”) is a public offer that sets out the rights and responsibilities of the Data40 Ltd.(“Company”, “we”, “us”, “our”), BIN 220440900333,a private company registered under the Acting law of the Astana International Financial Centre (AIFC), having its registered address at: the Republic of Kazakhstan, 010000 Nur-Sultan, Esil district, Dostyk 20, office 1501, represented by Director, Danila Tarasenko, acting on the basis of the Articles of Association,and the Client (“Client”, “you”, “your”) (herein jointly referred to as the “Parties” and individually as the “Party”) regarding the following service provided by the Company on its website www.data40.com (“Website”):
– Purchase of premium research products of the Company in the section of “Buy data” on the Website (hereinafter the “Products”).
By accessing and buying the Products, you agree to all the terms and conditions laid out by the Agreement and accept this Agreement. If you do not agree with some or all of the terms of the Agreement, you should not purchase the Products.
1. CHANGES AND MODIFICATIONS
1.1. The Company reserves the right to amend, update, or modify the Agreement at any moment at its sole discretion and without prior notice. Any changes and updates will come into effect from the moment of publication of the amended version of the Agreement on the Website. The Company does not make any notifications regarding any change or update carried out by the Company. You are responsible for reviewing the Agreement from time to time to get acquainted with any changes. By continuing to buy the Product, you agree to all the changes and modifications to the Agreement introduced by the Company.
1.2. Severability: if any of the clauses in this Agreement is deemed to be invalid, unlawful, or unenforceable, it will be considered severable and will not affect the rest of the clauses of the Agreement.
2. REGISTRATION AND ACCESS
2.1. By registering on the Website, accessing the Products as well as purchasing the Products, you hereby acknowledge, ascertainand guarantee that:
- You are at least 18 years old and in any case of majority age in your country of residence and citizenship;
- The information you provided at registration is complete, truthful, accurate, and up-to-date;
- Your use of the Products and/or the Website does not violate any of the applicable legislation in your country of citizenship and residence, or your legal obligations towards any third party;
- You do not have anyintention to conduct illegal activity, launder money or commit fraud. Also, under no circumstances your use of the Products and/or the Website will lead and/or be related to conducting illegal activity, money launderingor committing fraud.
2.2. The Company is not responsible for any breach, loss or damages that may occur as a result of the Client’s non-compliance with any of the requirements indicated in clause 2.1 of the Agreement.
2.3. If any of the applicable legislation in your country of residence or citizenship changes so as to make your use of the Products and Website illegal, or if your use of the Products and Website begins to violate your legal or contractual obligations to a third party, you must stop using the Product and Website at once.
2.4. If any of the personal information provided by you during the registration changes, you must amend it at once or notify of the changes the Company’s team by the contact details available in this Agreement as well as in the section of “Contact”on the Website.
2.5. If any of the information provided during registration is found to be incomplete, inaccurate, untrue, or outdated, the Company reserves the right to suspend your account and restrict your use of the Products for as long as required for you to amend your information. In case of your failure to do so, the Company may block (temporarily or permanently), terminate your account or refuse to provide you with the Products.
2.6. The Company reserves the right to demand that you provide personally identifiable information, such as your full name, address, email and phone number, for the purposes of compliance with the applicable KYC (Know Your Client) and anti-money laundering legislation. In case of your failure to provide the requested information, the Company may block (temporarily or permanently), terminate your account or refuse to provide you with the Products.
2.7. You are responsible for the safe storage of your login credentials. You must not share your username or password with any third party. If you suspect that your credentials may have been disclosed to, or acquired by, an unauthorized third party, you must notify the Company’s team immediately by the contact details available in this Agreement as well as in the section of “Contact”on the Website. The Company will not be liable for any damage, losses, or costs sustained as a result of unauthorized access to your account by a third party.
3. PRICES OF THE PRODUCTS
3.1. The prices of the Products are published on the Website, in the section of “Buy Data”, and available for the public. Under this Agreement, the prices of all the available Products of the Company are the same for all of its clients. The Company reserves the right to change the prices of the Products on the Websiteat any moment and at its sole discretion. In this case, the updated prices will be published on the Website and come into effect from the moment of the publication.
3.2. The Client is solely responsible for the correctness of payments made by the Client on the Website for the purchase of the Product. The obligation of payment by the Client is considered complete from the moment of the receipt of funds by the Company.
3.3. The prices of the Products does not include tariffs and commissions of banks and other organizations involved in payment transactions as well as any possible taxes payable by the Client.
4. PAYMENT CONDITIONS, PLACING ORDERSAND REFUNDS
4.1. The purchase process of the Products is made understandable on the Website. You choose the type and quantity of the Products in the section “Buy Data” on the Website to make a purchase. The payment is made on the Websiteduring the purchase process of the Products.
4.2. The Company does not provide purchase agreements and/or invoices. The receipt or confirmation email sent to you as a result of your successful payment for the Products is the proof of your payment. Upon the successful receipt of your payment by the Company, you will receive the purchased Product or/and Products.
4.3. You bear full responsibility for the accuracy of the payment. The Company will not be liable for any losses, damage, or costs that may result if you enter incomplete or incorrect data when making a payment, such as a wrong address or amount.
4.4. If you decide not to complete your order, you can do so as long as you have not yet made the payment. After a certain period of time (as determined by the Company) your order may be classified as “timeout” and will not be processed. You will not suffer any penalty for not completing the order.
4.5. If you have any questions about the payment conditions or placing orders on the Website, you should approach the Company by the contact details available in this Agreement as well as in the section of “Contact”on the Website.
4.6. In case of any disputes regarding payments and receipt of the Products, you must contact the Company’s team within 14 (fourteen) calendar days after submitting the payment and provide proof of payment. Such proof can consist of the Company order number, amount, details of the sender and the recipient, and/or an account statement, depending on the payment option used. The Company reserves the right to refuse to process any payment-related complaints submitted later than 14 (fourteen) calendar days after executing the payment or if the Client does not provide sufficient information to process the requests.
4.7. The prices of the Products available at the moment of your purchase are final and non-refundable.
5. INTELLECTUAL PROPERTY RIGHT
5.1. Under this Agreement, all intellectual property rights, including prerogative, unique, exclusive and commercial rights in relation to the Products of the Company, remain with the Company, and under no circumstances, intellectual property rights to the Products aretransferred to the Client.
5.2. Under this Agreement, the Client does not have the right to transfer, resell, spread, publish and / or distribute in any form the Products purchased from the Company.
5.3. In case of violation by the Client of clause 5.2. of this Agreement, the Client is obliged to fully compensate the Company for the cost of direct and / or indirect losses caused to the Company as a result of violation by the Client of clause 5.2. of the Agreement, including the Company’s lost profit, as well as pay a fine in the amount of 20,000 (twenty thousand) US dollarsfor the violation of the Section 5 of the Agreement. In this case, the cost of direct and / or indirect losses caused to the Company as a result of violation by the Client of clause 5.2. of the Agreement, including the unreceived profit of the Company, is determined by the Company.
6.1. The Products are the intellectual research products of the Company produced as a result of the Company’s team’s own analytical research at particular time, statistics analysis, acquired knowledge, experience and work efforts.
6.2. Any information and details described and illustrated in the Products do not urge the Client to make a particular decision or should not be considered as the recommendation and/or advice.The information or data on the Website or in the Products does not constitute an offer of investment, securities, commodities, or any other financial instruments. The information or data on the Website or from the Products must not be considered financial or investment advice. In case of any doubts concerning such information or data from the Products or the Website, you shall seek assistance from a professional financial, investment, or tax advisor.The Products shall be used for expanding knowledge of the Client on a particular topic discussed in the Products or as any additional information.
6.3. The Company is not liable for the Client’s actions or/and inactions made by the Client’s own decision or any third party’s decision taking into account or following the information discussed or illustrated in the Products.
6.4. The Company is not liable for any illegal action or/and inaction made by the Client using the information or data from the Products, including, but not limited to conducting illegal activity, money launderingor committing fraud. The Company will not be liable for any loss of profits, damage, costs, damage and loss of information, or lost gains that can arise from your use of the Website or the Products.
6.5. The Client does not have any right to refer to the Products of the Company as the ground for its actions and/or inactions.
6.6. The Company does not provide any guarantee of uninterrupted, correct, or continuous operations of the Website or purchasing the Products in the future, but the Company will do its best to eliminate any mistake or technical error if such mistake or error is possible to be eliminated by the control of the Company.
6.7. The Website may contain third-party links. The Company is not responsible for the contents of the web pages to which such third-party links refer and does not provide any guarantees that such web pages are safe. The Company will not be liable for any losses or damage that can arise from you accessing such pages via the third-party links on the Website.
7.1. All information and data, including, but not limited to, commercial, contractual, financial, marketing, technological, legal, economic and other information, as well as data of the Parties and on the activities of the Parties, provided to each other during the execution of this Agreement and selling and purchasing the Products (with the exception of publicly available information), is considered confidential and cannot be transferred to third parties without the written consent of the Parties, except in cases where this is expressly provided for by the Acting law of the AIFC. At the same time, each Party, in the event that this Party is required to disclose information, in accordance with the Acting law of the AIFC is obliged to immediately notify the other Party about such disclosure.
7.2. Each Party undertakes not to use the information received under the Agreement for the purposes of directly or indirectly causing damage to the other Party.
7.3. Confidential information does not include information that is classified by the Acting law of the AIFC as open and public information.
7.4. Confidentiality obligations remain in force during the active relationship of the Parties with each other and after the termination of any legal relationship between the Parties.
8. LIABILITIES OF THE PARTIES
8.1. For non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable to each other in accordance with the Acting law of the AIFC.
8.2. The Company is not liable for the Client’s own failure to receive the Products in the following cases, including, but not limited to: a) the e-mail address or the address of the means of communication specified by the Client at the time of the registration on the Website and purchasing the Products is not available; b) the Client can not receive the paid and purchased Products because of technical or other problems that have arisen without any fault of the Company.
9. FORCE MAJOR AND REFUSAL TO PROVIDE THE PRODUCTS
9.1. The Company will not be liable for the full or partial failure to fulfill any of its obligations if the failure is a direct consequence of circumstances of an insurmountable (force majeure) nature or other triggering events that are beyond the control of the Company that arose during or/and after the purchasing the Products by the Client and acceptance of the Agreement. Force majeure circumstances under the Agreement are: military actions, strikes, regulatory acts of the legislative and executive authorities, actions / inactions of the state and the authorized body, technical failures that are beyond the control of the Company, fires, lightning, storms, floods, earthquakes, other natural disasters. In this case, the Company shall not be liable for any loss and damages sustained by the Client.
9.2. The Company reserves the right to suspend or terminate your account and refuse to provide the Products if you violate any of the terms of this Agreement, or if we have reasonable grounds to believe that you are going to use the Products to conduct illegal activity, launder money or commit fraud. In this case, the Company shall not be liable for any loss and damages of the Client. The Company will not be held liable for any damage, loss, costs, lost profits, loss or damage of information etc. that can result from you breaching any of the terms of this Agreement.
9.3. If your actions lead to damage or additional costs for the Company (including its employees and management, partners, associates, subsidiaries, affiliates, or successors), including, but not limited to, fines, claims, losses, reputational damage, attorney fees, court fees etc., you will be obliged to reimburse the Company for these losses or costs.
10. THE CLIENT’S OBLIGATIONS
10.1. You hereby acknowledge, declare and guarantee that:
10.1.1. You will not use the Website and/or the Products to engage in any illegal activities, including, but not limited to, money laundering, financing terrorism, fraud, undermining the existing laws, spreading pornography, promoting violence, insulting other users etc.;
10.1.2. You will immediately inform the Company about any suspected wrongdoing, fraud, or illegal activity carried out by other users of the Company via the Website or the Products;
10.1.3. You will not try to steal, or obtain in any other way, login credentials and other information pertaining to other users;
10.1.4. You will not use any of the content or data published on the Website or from the Products for commercial purposes. The Company has full rights over all the intellectual property published on the Website or in the Products, including, but not limited to, images, articles, design, logo, layouts, blog posts, news articles etc.;
10.1.5. You will not use any applications, protocols, or technology to conceal your IP address, location, or ISP, such as VPN and proxy servers;
10.1.6. You will not use the Website and the Products to attack the the Company’s network or in any way that can produce any negative consequences for the Company, including, but not limited to, damage, loss, costs, legal penalties, fines, sanctions, and reputational damage.
10.2. The Company is not responsible for any loss or damages that may occur as a result of the User’s non-compliance with any of the obligations indicated in clause 10.1 of the Agreement.
11. DISPUTE RESOLUTION AND FINAL PROVISIONS
11.1. This Agreement is developed, construed and regulatedin accordance with the Acting law of the AIFC. The Acting law of the AIFC is based on the Constitution of the Republic of Kazakhstan and consists of: 1) the Constitutional Statute of the Republic of Kazakhstan on the Astana International Financial Centre (AIFC); 2) AIFC Acts, which are not inconsistent with the Constitutional Statute and are based on the principles, legislation and precedents of the law of England and Wales and the standards of leading global financial centres; 3) the Acting Law of the Republic of Kazakhstan, which applies in part to matters not governed by the Constitutional Statute of the Republic of Kazakhstan on the AIFC and AIFC Acts.
11.2. In all other cases not mentioned in this Agreement, the Parties are guided by the provisions and norms of the current Acting law of the AIFC.
11.3. The conditions and terms of the Agreement apply to all the clients of the Company in the same way, unless otherwise provided by the Acting law of the AIFC.
11.4. This Agreement is a public offer, so the Agreement does not require the signature or seals by the Parties, while having the legal force of the signed and sealed document when it is accepted and concluded.
11.5. The acceptance of the Agreement by the Client is made by accessing and purchasing the Products of the Company on the Website.
11.6. The Parties shall make every effort to resolve in the process of direct negotiations all disagreements or disputes arising between them under the Agreement or in connection with it.
11.7. If within 21 (twenty-one) days after the start of such negotiations the Parties cannot resolve the dispute under the Agreement, any of the Parties may demand that this issue be resolved in accordance with the Acting law of the AIFC.
11.8. Any dispute, controversy, difference or claim, whether contractual or noncontractual, arising out of or in relation to this Agreement, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the International Arbitration Centre of the Astana International Financial Centre (“IAC”) in accordance with the IAC Arbitration and Mediation Rules in force on the date on which the Request for Arbitration is filed with the Registrar of the IAC, which Rules are deemed to be incorporated into this clause. The number of arbitrators shall be 1 (one). The arbitrator shall be appointed by agreement of the Parties. If the Parties have not agreed on the appointment of an arbitrator within 3 (three) calendar days of the commencement date notified to the Parties by the Registrar of the IAC. At the request of one of the Parties, the Chairman of the IAC will appoint the arbitrator. The seat of the arbitration will be Nur-Sultan, Kazakhstan. The arbitration shall take place via online video conferencing. The law governing the arbitration proceedings shall be the Acting law of the AIFC. The language of the arbitration proceedings shall be English. The governing law of this Agreement shall be the substantive Acting law of the AIFC.
11.9. If you have any questions regarding the purchase of the Products on the Website and the terms and conditions of this Agreement, you should approach the Company by the contact details available in this Agreement as well as in the section of “Contact”on the Website.
12. CONTACT DETAILS OF THE COMPANY
Senior Analyst & Founder
Facebook: Danila Tarasenko
Manager, Marketing & Sales
Discord: Serg Data40#7760
Facebook: Sergey Poryadin
Actual version since June 22th 2022