GENERAL TERMS AND CONDITIONS OF MY CLOUD QUANT LTD FOR CONSUMERS INDIVIDUAL PERSONS
- These General Terms and Conditions regulate the relations between MY CLOUD QUANT LTD (the Company), registered in the Commercial Register and the Register of the Non-Profit Legal Entities of the Republic of Bulgaria with the Registry Agency under UIC 204509776, with headquarters in Sofia, Serdika, Banishora, bl. 18, ent. A, floor 5, apt. 13, email www.mycloudquant.com, and individual customers – users /individuals/ for use on www.mycloudquant.com on the occasion of the services offered by the Company.
- “MY CLOUD QUANT LTD” Ltd. administers the electronic platform, in the form of www.mycloudquant.com, referred to as the “Platform”.
- These General Terms and Conditions have been adopted by the General Meeting of the Partners of “My Cloud Quant” Ltd on 17th of June 2019
- Applicability of the Terms and Conditions
- These General Terms and Conditions apply to all contractual relationships of the Company and individual clients / individuals and / or other organizations /. The General Conditions shall also apply after the termination of the contractual relationship with the client until the final settlement of its obligations to the Company.
- Controversy in legal provisions.
/ 1 / The Application of the General Terms does not exclude the effect of other written agreements with the client.
/ 2 / In the event of a conflict between these General Terms and written agreements with the client, the documents shall be used as a priority in the following order:
a / the written agreements concluded with the client;
b / current terms and conditions;
- In the event of a conflict between them, the provisions of the applicable law of mandatory nature shall be applied with priority to the General Terms and the agreements with the client.
- The terms and terms used in these Terms and Conditions have the meaning given in the contract with the customer unless the context requires another interpretation.
- In the event of invalidity of any of the clauses of the General Terms and Conditions, this shall not invalidate the remaining clauses, and the relationship between the Company and the Client shall continue to be governed by the actual terms.
- Client – any individual person who meets one or more of the following conditions:
a / receives access to the Content through the communication means provided by the Company (by electronic means, telephone, etc.) or under an existing contract for use with the Company and who has requested the creation and use of an Account;
(b) has registered with the Platform and, through the completion of the account creation process, has given its consent to certain clauses in the General Terms section of the Platform;
in / after creating an account on the Platform, placing an order and entering into a distance-purchase contract through the Electronic Analysis Platform.
- Platform – Site www.app.mycloudquant.com
- Account – a section of the Platform formed by an email address and a password that allows the customer to send a Purchase Order and which contains information about the Client and the history of some of his / her actions in the Platform / Orders, Tax Invoices, etc. /. The customer is responsible for all the information entered in the Account, to be true, complete and up-to-date.
- Order – an electronic document representing a communication form between the Company and the Client through which the Client declares to the Company through the Platform the desire to buy Platform Services.
- Service (s) – any service on the Platform, including services mentioned in the Order, provided by the Company as a result of a Contract entered into.
- Campaign – any advertising message intended to promote the Platform or certain Services offered in limited quantities, unless the commercial communication expressly mentions the contrary, for a specified period of time specified by the Company.
- Contract – represents the distance contract between the Company and the Client for the provision of Services through the Platform, based on and integral part of the present General Terms and Conditions for use of the Platform.
- Content – All information on the Platform that is accessible via an Internet connection and using a device connected to the Internet.
- Commercial communications – any type of message sent via electronic communication channels (such as e-mail, SMS, mobile device / web puffs, etc.) containing general and thematic information, information on similar or appropriate services to customers, information about offers or promotions, information about the Services, and other commercial communications such as market and consumer surveys.
- Braintree – a payment system that is integrated into the Platform and is available to Customers through which they can make a debit or credit card payment online and which service can be activated through the Company or Site Mobile Application;
III. Communication between the client and the Company. Understand terms, notifications, announcements and statements
- Any use of the Platform by a client means that he has read and accepts the content of these Terms and Conditions and that he explicitly declares that he has agreed to comply with them unconditionally.
- The Company reserves the right to update and modify the Platform’s Terms of Service periodically to reflect any changes to the way the Site operates and conditions or any changes to the legal requirements. Changes made to the terms and conditions will come into force in the relations between the parties following the publication of the amended version of the Platform.
- Protection of personal data and data for the platform administrator www.mycloudquant.com
- The Company processes personal data of natural persons / natural persons – clients, natural persons – contractors, other natural persons in pre-contractual and / or contractual relations – subject to the requirements of Regulation 2016/679, the law in force at the moment of providing the service for protection of personal data, Ordinance №1 / 30.01.2013 on the technical measures and levels of protection, as well as with Internal rules for the measures and means of protection of the personal data collected, processed, stored and provided by the Company.
- The company provides its customers with the necessary information on the grounds, ways and processes of processing personal data.
- The Client declares that by accepting these General Terms and Conditions he is aware and agrees that for the fulfillment of the services provided, his / her personal data may be transmitted to the related parties, external consultants, lawyers, accountants, auditors and / or financial institutions , as well as other third parties in connection with the recovery of the receivables of the Company, including the so- collecting societies and private enforcement agents, as well as the provision of technical security and performance of services – can be provided to telecommunication providers, courier services and similar.
- MY CLOUD QUANT Ltd administers the electronic platform, in the form of www.mycloudquant.com, as well as the www.app.mycloudquant.com
- Rights and obligations of the parties
- The Client undertakes to pay at his own expense all the taxes and fees that arise in the performance of the contractual relationship with the Company and the payments to the Company are executed without deduction or deductions for taxes or fees.
- Upon initial registration of the Platform, the customer is obliged to register with his PayPal payment card his credit card, through which payment of the requested services will be made.
a / The Customer has the right to withdraw the requested service within 14 days from the date of the application for the respective service without payment.
b / After the 14-day cancellation period, the client owes the payment of the respective services with the amount due.
c / In case of re-ordering services from an already registered customer, the person owes the payment of the ordered service on the day of its filing.
- In case of a monthly subscription with a client, the Company undertakes to send to the client daily the analyzes prepared by him / her.
- In the case of a monthly subscription and upon early termination of the contract by the client, the latter owes to the Company a penalty equal to the amount of the remaining monthly subscription fee until the end of the period.
- By accepting these terms and conditions, the client declares that he is aware of all risks related to the use of the analyzes provided by the Company and understands that he is carrying the risk and that there is a possibility of incurring losses (costs, damages).
- The Company does not provide investment advice to its clients. In case your client needs it, you should contact a specialized financial adviser with experience in the field.
- All notices, extracts and invitations issued by the Company shall be deemed to have been duly sent and delivered to the customer upon sending a letter at the discretion of the Company by ordinary or electronic mail to the client’s postal or e-mail address, upon the expiration of the time required to receive the letter. In the case of sending the letter in electronic form, confirmation by the client is not necessary to consider the letter of receipt.
- The Client shall immediately notify the Company if there are any changes to the e-mail address, the termination or the change of the representative authority (especially if a power of attorney exists). In case of non-compliance, all messages sent to the last emails of the Company’s e-mail address are deemed to have been served.
- In the case of proposals for the conclusion of a credit agreement or amendments thereto in the form of an annex sent by ordinary or electronic mail to the client’s postal or e-mail address, the Client has a one-week term (or other term set by decision of the General in the event that until the expiration of the one-month term (or other term determined by decision of the General Meeting of the Partners of the Company) of the the Company does not sign the relevant contract or annex, the Company is not bound to accept the offer.
- The Client shall notify the Company if no extracts, documents or other correspondence were received in the cases when the Company should have sent them.
VII. Signing a contract
- The Client declares his wish to order and buy a Service through the Platform by making a Purchase Order electronically or by telephone and which is accordingly registered by himself on his behalf.
- The Company sends a notice to the Client to register the Order in its system, which does not have the meaning of accepting, confirming or undertaking a commitment to its execution. The notification is made by electronic means (email) or by telephone.
- The Company has the right not to perform part or all of the Services of the Order for a variety of objective reasons. In case of impossibility to perform the requested service, the Company shall inform the Client by making a publication on the Platform.
- The contract for the provision of distance services between the Company and the Client shall be deemed concluded when the Client receives his / her e-mail and / or by SMS sent to his / her phone on notification that the Service may be provided.
VII. Responsibility of the Company
- The Company shall ensure the fulfillment of its obligations in good faith, being liable for damages resulting from gross negligence or intent of its employees; When the customer has contributed to the damage, the liability shall be borne by him/her in accordance with the provisions of the applicable law.
- The Company shall not be liable for any damages arising as a result of force majeure within the meaning of Art. 306 of the CC. For the purposes of these General Conditions, force majeure shall also be considered revolt, military, natural and other events not caused by the Company such as strike, stays, congestion or interference, acts, actions of Bulgarian or foreign municipal and state authorities.
- The Company shall not be liable for damages or losses resulting from delay or error in the transmission of information by telephone, fax or other technical means of telecommunication by the third party, unless the loss or damage arises as a result of intent or gross negligence.
- The Company shall not be liable except for intent and / or gross negligence for the damages that have occurred as a result of action in favor of a third party who, on the basis of submitted documents, is authorized to obtain performance.
- The client’s analyzes can not be regarded as advice or an offer for trading in financial instruments. The Company shall not be liable for any loss or damage, including without limitation, loss of profits that may arise directly or indirectly from the use or reference of the information provided by the Company and the manner of its consideration.
- The Company shall not be held responsible for delays in sending the analyzes to a client in case the delay is due to force majeure.
III. Intellectual Property Rights
- The content, as defined in the “Definitions” chapter, including but not limited to logos, any graphic images or inscriptions, trade symbols, dynamic symbols, texts and / or multimedia content of the Platform, are the exclusive property of the Company.
- The Company retains all intellectual property rights in any way connected with the Platform, whether it is its own or obtained through contractual licenses or in any other lawful manner.
- Nothing in the distance contract concluded between the Company and the Client shall be considered as an authorization by the Company to copy, distribute, publish, make available to third parties, modify in any way any part of the Content, including but not limited to the content of the trademarks, logos, multimedia content of the Platform or Service Descriptions, including by introducing any content external to the Platform, the removal of any sign indicating the rights of the Company’s content. The Client may not transfer, sell, distribute any material created through the reproduction / copying / modification or publication of the Content except with the express consent of the Company.
- The Client may copy, transfer and / or use the Content only for personal non-commercial purposes and only in cases where this does not contradict the provisions of these General Terms and the Individual Contract of the Client.
- The Customer may only use the Content for commercial purposes if it has received the written consent of the Company for that and only for the part of the Content in the manner and extent of its use and within the time limits for which such consent is explicitly given. Any subsequent or different use of the Content will be deemed to be a breach of this Agreement between the Company and the Customer and for violation of the Intellectual Property Rights of the Company, which has the right to take charge of the Customer for that purpose.
- Simply sending to the Customer or referring to the Content or parts thereof by the Company shall not be deemed to be an agreement on the part of the Company to allow the Customer to use the Content or parts thereof for purposes other than its personal needs by the means of communication used by the Company.
- Any use of the Content for any purpose other than those expressly permitted in these General Terms or any other explicit written consent given by the Company is prohibited.
- The Customer may place orders on the Platform by adding the desired Services to the Subscriptions section, following the steps specified in the Platform to complete and send the relevant Order.
- The registration of the Order is not equivalent to its confirmation.
- The Customer undertakes and is responsible for ensuring that all data that he has provided to the Company in connection with the Order are true, complete and accurate as of the date of dispatch of the order.
- The Company has the right to refuse to execute the Order made by the Client, for which it shall notify the Client in the following cases:
a / non-acceptance by the payee’s bank of the online payment transaction;
b / realization of the monetary transaction, which does not lead to payment of funds to the Company’s account in the case of on-line payments
c / the data provided by the Customer in the Platform are incomplete and / or incorrect.
- Services for which the customer has no right of withdrawal
- The Customer has no right to renounce the concluded Contract in the following cases:
a / in the case of the provision of services where the service has been provided in full and its execution has begun with the explicit prior consent of the Customer and confirmation by the Customer that he/she knows that he/she will lose his right of withdrawal once the contract has been fully executed by the Company;
b / in the provision of digital content that is not delivered on a physical medium when the execution has begun with the explicit consent of the Customer who has confirmed that he/she knows that he/she will lose his right of withdrawal.
- The Customer agrees that by providing any personal or other data to the Company, he/she agrees that they may be used by the latter for the following purposes by the Company:
a / maintenance of the Customer’s account, including registering orders, performing the ordered services, invoicing, resolving disputes with Customers regarding their Orders or reviewing their requests;
b / sending of commercial messages, periodic notifications by e-mail or by SMS;
c / conducting market research, tracking and monitoring sales and customer / consumer behavior.
XII. Commercial communications
- At the time the Customer creates an account on the Platform, he / she has the opportunity to express his / her consent to receive a Sales Message.
- The Client may waive his consent to the Company to receive Commercial Messages, which may refuse to express at any time by changing the settings in his Account or by contacting the Company.
- The refusal to receive Commercial Communications does not mean an automatic waiver of the given consent to the conclusion of this Agreement.
XII. Billing and payment
- The prices of the Services announced in the Platform are final and include VAT as well as all other taxes and fees provided by the Bulgarian legislation in force.
- The price, the method of payment and the payment period for issuing invoices are specified in each Purchase Order. Orders for services offered by the Company should be paid in advance by bank transfer or through the Braintree/PayPal payment system.
- The customer is obliged to provide all necessary information for issuing the invoice in accordance with the Bulgarian legislation in force.
- The Seller shall issue to the Customer an invoice for the Services ordered and provided on the basis of the information provided by the Customer.
- The Company issues an invoice for each Order payment through which the Customer has purchased a Service offered to the Platform by the Company. The Customer agrees to receive such invoice electronically by uploading it to his / her Account.
- In order to properly compile the invoice for the respective Order, the Customer / User is required to continuously update the data in his account. He is required to review the information given in the relevant Order to make sure that it is complete, correct and accurate.
- The customer will have a record of the invoices issued by the Company in his Account and may store or archive them at any time.
- The data for the Customer’s payment cards will not be available to the Company nor will it be stored by the latter, but only by the issuer of the respective payment card or by another entity authorized to provide card-holding services.
- The authorized entity for the provision of card data storage services is Braintree/PayPal.
- The Company accepts payments only from countries whose list is published in section Terms & Conditions of the Platform.
- When making a payment, the customer is required to pay from a drop-down menu a payment country that is on the company’s trusted list of countries that accept payments.
- In the case of incorrect payment information indicated by the customer, the Company is not responsible.
XIII. Applicable law and place of jurisdiction
- The Bulgarian law shall apply to the commercial relations between the Company and the client.
- The competent court for resolving disputes that may arise between the Company and the client is the Bulgarian court.