Offer for the provision of VengoTradingBot services
1. DEFINITIONS AND TERMS
1.1. For the purposes of this document, the following terms are used in the following meaning:
VENGO GROUP LIMITED, Date of registration 06.02.2023; registration number 3229485
7/F, MW Tower, 111 Bonham Strand, Sheung Wan, Hong Kong
Offer — this document "Offer for the provision of information services", posted on the Internet at https://vengotrading.com/oferta
The channel is the information and analytical channel @VengoTradingBot in the Telegram messenger (telegram channel), the copyright holder of which is the Performer.
Subscription — providing the User with the opportunity to access the Channel's publications for a fee for a limited period of time under the terms of the Agreement.
Services — the services specified in clause 2.1. of the Offer provided to the User.
The User is a capable individual who has accepted the Offer.
The parties are the Contractor and the User.
Acceptance of the Offer is the full and unconditional acceptance of the Offer by the User by performing the actions specified in clause 3.2. of the Offer. Acceptance of the Offer means the conclusion of the Contract.
An agreement is an agreement for the paid provision of information services by subscription between the User and the Contractor, which is concluded by accepting the Offer, in accordance with the terms set out in the Offer, as well as the provisions of Article 429.4 of the Civil Code of the Russian Federation (subscription agreement).
Personal account is a software interface for User interaction in the @VengoTradingBot bot. with the Contractor within the framework of the provision of Services, which contains information about the User, the Subscription purchased by the User, the User's contact details and other information necessary for the provision of Subscription services, 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 under the terms of the Offer is the provision by the Contractor to the User within the framework of the Subscription of the opportunity for a fee (hereinafter referred to as the "Subscription Price") for a limited period of time (hereinafter referred to as the "Subscription Period") information services.
2.2. Within the framework of this agreement, the services include:
publishing ideas (signals) based on automated analysis of charts of cryptocurrency pairs on the exchanges Binance, Bybit, etc.
At the same time, the subscription price does not depend on the actual number of Services rendered during the Subscription Period.
2.3. Subscription Services are provided only in relation to the User's Telegram account from which the Offer was accepted.
3. TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES
3.1. The text of the Offer contains all the essential conditions and is an offer by the Contractor to conclude a Contract with any fully capable individual using Telegram on the terms specified in the text of the Offer. This document is a public offer in accordance with Russian law.
3.2. The procedure for concluding the Contract:
3.2.1. The User gets acquainted with the terms of the Offer, information about the Contractor, about the Services available under the Subscription, and the terms of their provision that can be obtained under the Subscription, as well as information about the Subscription Price and the Subscription Period posted in the @VengoTradingBot 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 an 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 a Personal Account (including those linked when signing up for a Subscription before its registration, or after its registration) is considered a Linked Card. The Contractor or a person authorized by him has the right to debit the amount of the Subscription Price from any of the Linked Cards.
3.3.4. After performing the actions specified in clause 3.2.1. — clause 3.2.3. of the Offer, the User accepts the Offer by clicking the button with the choice of a particular tariff (or another button name indicating the choice of the tariff valid at the time of Subscription payment) and paying the Subscription Price.
3.4. The subscription fee is charged for each Subscription Period determined by the User during registration.
3.5. The Subscription Fee is paid by the User in accordance with the procedure provided for in this paragraph.
When specifying the data of the Linked Card and further use of the Linked Card, the User confirms and guarantees that they provide reliable and complete information about a valid bank card issued in their name; that they comply with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with regard to the procedure for conducting non-cash payments; that they specify reliable and complete information about a valid bank card issued in their name; that they comply with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with regard to the procedure for conducting non-cash payments; that they specify reliable and complete information about a valid bank card issued in their name. 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 require the User to confirm the data specified by him in the Personal Account of the @VengoTradingBot bot, including the data of the Linked Card, and in this regard to request supporting documents (in particular, identity documents), the failure of which, at the discretion of the Contractor, may be equated to the provision of false information and entail the consequences provided for in clause 4.3.2 of this Offer.
The Subscription Fee is paid by the User through the integration of the Telegram bot and the Cloud payments payment system selected by the User at the first payment, or any other, while the Contractor is the recipient of the payment. The Contractor does not guarantee the absence of errors and failures regarding the provision of cashless payment. The contractor is not a payment agent in accordance with Russian law.
When signing up for a Subscription, the User agrees that for each Subscription Period, the Contractor has the right to charge the Subscription Price (subscription fee) set by the Contractor on the day of payment until the User refuses to renew the Subscription for the next Subscription Period.
3.6. The User understands and agrees that the Subscription is issued indefinitely by default from the moment 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 @VengoTradingBot. In this case, access to the Subscription Services ordered by the User is terminated 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 in this Offer and the current legislation of the Russian Federation.
3.7 1 day before the end of the Subscription Period, the Contractor has the right to debit funds from the Linked Card. If there is not enough money on the Linked card to renew the Subscription, the Contractor sends the User a notification that the payment has not been completed. If the payment failed on the first attempt to debit, then a second attempt to debit is made on the day of the end of the Subscription Period. If a second attempt at debiting fails, the Subscription is terminated.
3.8. By accepting the terms of this Offer, the User agrees to the automatic periodic debiting of funds from his account to pay for the Subscription, and acknowledges that the orders for debiting funds from his account sent in accordance with this clause of the Offer are the orders of the User himself, and the actions of the processing center and the acquiring bank, the funds aimed at debiting funds in accordance with this clause of the Offer are executed with the consent of the User.
The write-off of funds in accordance with this clause of the Offer begins to occur automatically if the following conditions are met:
· the User enters all 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 to this Offer.
3.9. By subscribing, the User is considered to have accepted the terms of the Offer, as well as the provisions of the documents referred to in this Offer, in full, without any reservations and exceptions. If the User does not agree with the provisions of these documents, the User is obliged to terminate the Subscription.
3.10. Access to the Subscription is considered granted to the User for the Subscription Period in full from the moment the User pays the Subscription Price, provided that the fact of payment is reflected in the electronic payment accounting system.
The Contractor's obligations 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 relevant Services provided to the User during the Subscription Period.
4.RIGHTS AND OBLIGATIONS OF THE PARTIES, GUARANTEES
4.1. The Contractor undertakes to:
4.1.1. to provide Services to the User in a high-quality and reasonable time within the framework of the Subscription.
4.1.2. immediately inform the User of any information related to the provision of Subscription Services.
4.2. The User undertakes to:
4.2.1. provide the Contractor with all information, provide information that is necessary for the provision of Services by the Contractor.
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 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 to create information products based on it in order to extract commercial profit, as well as use this information in any other way except for personal use.
4.2.4. independently assess the economic risks and benefits, tax, legal, accounting consequences of concluding a transaction, their willingness 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.
4.2.6. follow the Rules for using the Chat Channel.
4.3. The Contractor has the right to:
4.3.1. request additional information from the User necessary for the provision of Services.
4.3.2. in case of violation of the User's obligations under the Offer, suspend or terminate the provision of Services.
4.3.3. unilaterally change the Rules of the Channel without additional notification.
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. You can cancel your subscription at the end of the current paid period. Cancellation of the subscription before the prepaid period is not possible.
4.4. The User has the right to:
4.4.1. terminate the Subscription prematurely by sending an application to the Contractor and providing the necessary data for early termination of the Subscription.
In accordance with the Regulation on the Issue of Payment cards and on transactions carried out using them, approved by the Bank of Russia dated 12/24/2004 No. 266-P, in order to refund funds to a bank card, the User must send an e-mail to the Contractor support@vengotrading.com a passport of a citizen of the Russian Federation (another identity document), as well as an application drawn up in the prescribed form.
4.5. The User guarantees that he is legally capable and has reached the age required in accordance with the legislation of the Russian Federation to complete the transaction provided for in the Offer.
4.6. The User guarantees the accuracy of the personal information provided during registration and Subscription, assumes full responsibility for its accuracy, completeness and reliability. The User assumes all possible risks associated with his actions committed with errors or inaccuracies in the personal information provided.
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 provides his consent to receive advertising and informational messages. The User has the right to refuse to receive advertising messages in the order specified in the Personal Account or following the instructions specified in the received message.
5. SUBSCRIPTION PRICE AND PAYMENT TERMS
5.1. The Subscription price is indicated in the @VengoTradingBot bot, includes remuneration and all expenses, expenses of the Contractor related to the provision of Services under the Subscription, unless otherwise provided by the Offer.
5.2. Payment of the Subscription Price is made by cashless payment from the Linked card in the manner described in the Offer.
5.3. All settlements under the Agreement in accordance with the terms set out in the Agreement are made in rubles of the Russian Federation. If the cost of tariff plans is indicated in the currency of the American dollar or euro, then it is automatically recalculated to the value of the ruble exchange rate according to the exchange rate of the payment operator.
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. Processing of personal data means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer to third parties (distribution, provision, access), including cross-border transfer to third parties, depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories, the processing of which, according to the current legislation of the Russian Federation, requires the written consent of the User.
6.3. The processing of personal data is carried out for the purpose of fulfilling the Contractor's obligations under this agreement, as well as for the purpose of sending information and advertising messages to the e-mail address specified by the User during registration. In addition, personal data is processed to improve the Contractor's services based on the analysis of this information, as well as to detect, prevent, mitigate and investigate fraudulent or illegal actions in relation to the Channel and the information published in it, as an object of the Contractor's intellectual rights.
6.4. The processing of the User's personal data is carried out by the Contractor using databases on the territory of the Russian Federation.
6.5. The User may revoke consent to the processing of personal data at any time by sending a corresponding notification to the Contractor at: support@vengotrading.com
6.6. The User agrees to receive newsletters and promotional 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 in the Channel. Consent to receive newsletters and promotional materials may be revoked by the User at any time by sending the Contractor a corresponding notification to the address: support@vengotrading.com
7. TERM OF THE AGREEMENT
7.1. The Agreement comes into force from the moment of 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 have agreed that the Contractor has the right to unilaterally make changes to the Agreement, which come into force from the moment of publication of the amended text of the Offer, unless another date for the entry into force of the changes is specified 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. at the initiative of either Party with written notification to the other Party, including in electronic form, the date of termination is considered to be the date of sending such notification.
8. RESPONSIBILITY OF THE PARTIES
8.1. For violation of the terms of the Agreement, the Parties are responsible as established by the Agreement and/or the current legislation of the Russian Federation.
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 out in clauses 4.2.3., 4.5-4.7. of the Offer.
8.3. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the Agreement, or if the non-fulfillment of 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 a Party cannot influence and for the occurrence of which it is not responsible, including: war, uprising, strike, earthquake, flood, other natural disasters, fire, power supply failures that occurred through no fault of the Parties, actions and acts of authorities adopted after concluding a Contract and making it impossible to fulfill the obligations established by the Contract, 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 Users, the Contractor reserves the right to unilaterally withdraw from the Contract out of court in case of detection of relevant 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 informational and analytical in nature, are not individual investment recommendations and are addressed to an unlimited number of people;
- financial instruments or transactions mentioned in the Channel may not be suitable for him, do not correspond to his investment profile, financial position, investment experience, knowledge, investment goals, attitude to risk and profitability;
- determining the compliance of a financial instrument or operation with investment objectives, 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 case of transactions or investments in financial instruments mentioned in the Channel;
8.6. The User understands that the information contained in the Channel's publications 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 the future of the profitability of investments, the level of risk, the size costs, break-even investments.
8.7. The information contained in the Channel's publications is not an advertisement for securities.
8.8. Considering possible business relationships with companies, information about which may be contained in information materials published in the Channel, I warn you about the possibility of a conflict of interest that may affect the objectivity of the information.
8.9.The User acknowledges and agrees that all content of the Channel is protected by copyright, trademark and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both currently existing and developed or created subsequently. No rights to any content of the Channel, including, but not limited to, audiovisual works, text and graphic materials, trademarks, are transferred to the User as a result of the conclusion of this Agreement.
8.9. In case of violation of clause 4.2.3. The User, in accordance with Article 1301 of the Civil Code of the Russian Federation, pays compensation to the Contractor in the amount of 10,000 (ten thousand) rubles for each fact of such violation, which does not exempt the User from criminal liability under Article 146 of the Criminal Code of the Russian Federation.
8.10. The Contractor has the right to restrict (temporarily or permanently) the User's ability to use the Channel chat in case of violation of the Channel Rules.
8.11. Gift weeks for the Contractor's periodic promotions do not apply to persons who prematurely terminate their subscription before the expiration of the paid period.
9. OTHER CONDITIONS
9.1. The Agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by the Agreement or not fully regulated are regulated in accordance with the legislation of the Russian Federation.
9.2. Claims from the User are accepted to the e-mail address support@vengotrading.com and, if necessary, at the request of the Contractor, they are also sent in writing to the address specified in section 10 of the Offer.
The period 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 regarding the Agreement are not resolved through negotiations between the Parties, they are subject to consideration in court in accordance with the procedure provided for by current legislation.
9.4. If one or more provisions of the Agreement are invalid or unenforceable for any reason, such invalidity does not affect the validity of any other provisions of the Agreement that remain in force.
9.5. The Contractor has the right to unilaterally change the amount of the subscription fee. At the same time, the User who has issued and paid for a Subscription (with automatic subscription renewal) 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 @VengoTradingBot bot, in marketing and promotional materials provided to Users. At the same time, the cost of the Subscription Period actually paid by the User at the time of making the corresponding changes is not subject to change.
10. DETAILS OF THE CONTRACTOR:
VENGO GROUP LIMITED, Date of registration 06.02.2023; registration number 3229485
7/F, MW Tower, 111 Bonham Strand, Sheung Wan, Hong Kong