“110% Never Lose Guarantee” Program Rules
(hereinafter: “Program Rules”)
1.1. The “110% Never Loose Guarantee” Program (hereinafter: “Program”) is offered at the sole discretion of THEBIRBNEST OÜ, a company established under the laws of Estonia with its registered office in Tallinn, address: Harju maakond, Tallinn, Nõmme linnaosa, Rännaku pst 12, 10917, entered in the register of enterprises kept by the Registration Department of Tartu County Court, under the No.: 16514534, tax ID number (VAT): EE102512328 (hereinafter: “Organizer”, “TheBirbNest”). As part of its services available through a dedicated platform accessible at https://www.thebirbnest.com (hereinafter: “Platform”) the Organizer offers the Program to users of the Service (hereinafter: individually “User” or collectively “Users”), as defined below, giving them access to a special offer within the Program, provided certain conditions are met.
1.2. This document sets out the terms and conditions of the Program.
1.3. The Program is an additional feature of the services provided by the Organizer via the Platform. The Program does not function independently and is auxiliary to purchasing a periodic subscription, regardless the duration of the subscription, of the Exclusive Nest Club Service (hereinafter: “Service”) provided by the Organizer for the time, during which the Program is available.
1.4. Each User may access the Program once.
1.5. The Service is accessible for purchase at https://www.thebirbnest.com/products/exclusivenest-club/?attribute_price=Yearly.
1.6. Each User is advised to seek independent legal and/or tax advice before accessing the Program.
1.7. By accessing in the Program the User warrants being of legal age and being allowed to participate in the Program (generally, however depending on the User’s jurisdiction, meaning being 18 [eighteen] years old, or having consent of User’s parent/legal guardian).
1.8. If any provision of this Program Rules is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
2.1. The following definitions and rules of interpretation apply in this Program Rules which include the introductory paragraphs:
2.1.1. “Call” means a short trading signal generated from system shared by the Organizer via a dedicated Discord platform channel.
2.1.2. “Demand” is defined in the point 3.6. of these Program Rules.
2.1.3. “Exclusive Nest Club” means one of the subscription services available at:
2.1.4. “Guarantee” is defined in the point 3.3. of these Program Rules.
2.1.5. “Organizer” is defined in the point 1.1. of these Program Rules.
2.1.6. “Platform” is defined in the point 1.1. of these Program Rules.
2.1.7. “Platform T&C” is defined in the point 3.1.1 of these Program Rules.
2.1.8. “Program” is defined in the point 1.1. of these Program Rules.
2.1.9. “Program Rules” means this document.
2.1.10. “Refund” is defined in the point 3.3.1 of these Program Rules.
2.1.11. “Service” is defined in the point 1.3. of these Program Rules.
2.1.12.“Session” is defined in the point 3.3.2. of these Program Rules.
2.1.13.“SL, Stop Loss” means a level suggested in a given price chart, which, if crossed before
TP, generates a negative result and is reflected the Call.
2.1.14.“Successful Call” means a Call, in which TP was achieved before SL.
2.1.15.“TheBirbNest” is defined in the point 1.1 of these Program Rules.
2.1.16.“TP, Take Profit” means a level suggested in a given price chart, which, if crossed
before SL, generates a positive result and is reflected in the Call.
2.1.17.“User” is defined in the point 1.1. of these Program Rules.
3. CONDITIONS OF THE PROGRAM
3.1. To become the User of the Program you need to:
3.1.1. accept the Platform’s Terms & Conditions available at
https://www.thebirbnest.com/terms-conditions/ (hereinafter: “Platform T&C),
3.1.2. accept this Program Rules,
3.1.3. purchase the Service via the Platform within a time limit set out in this Program Rules,
3.1.4. set up an account on the Platform in accordance with the Platform’s T&C.
available at https://www.thebirbnest.com/privacy-policy/
3.3. If during the term of 14 (fourteen) consecutive calendar days since the first User’s usage of the Service none of the Calls was the Successful Call, the User is entitled to choose between:
3.3.1. a refund of USD 100,00 (one hundred and 00/100 US dollars) paid back to the User’s
bank account (hereinafter: “Refund”) or,
3.3.2. (i) access to the service, which consists of 15 (fifteen) minute mentoring session, (ii)
walkthrough/analysis of the User’s potential omissions and (iii) explanation of potential
lack of success, with one of analytics engaged and indicated by the Organizer
jointly referred to as the Guarantee (hereinafter: “Guarantee”).
3.4. To benefit from the Guarantee the User shall contact the Organizer at
[email protected], providing the following details (hereinafter: “Demand”):
3.4.1. name of the User’s account on the Platform,
3.4.2. details regarding the fulfilment of the conditions, as described in Section 3.3.,
3.4.3. form of the chosen Guarantee.
3.5. The Demand shall be submitted by the User within 1 (one) working day from the occurrence of the conditions, as described in Section 3.3.
3.6. The Organizer reserves the right to refuse the User’s right to benefit from the Guarantee, if (i) the conditions, as described in Section 3.3., has in fact not occurred or the occurrence of
such conditions was the result of force majeure, (ii) the User has not provided all details as
prescribed in Section 3.4. or such details occurred to be false or inaccurate.
4. TERM OF THE PROGRAM
4.1. The Program’s availability is at sole discretion of the Organizer. The Organizer reserves the
right to end the Program at any time.
5. LACK OF WARRANTY
5.1. Without limiting the foregoing, everything regarding the Program, including each Internet
channel and website associated with the Program, is provided “as it is” without warranty of
any kind, either express or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement, except where such
limitation is prohibited by law.
6. LIMITATION OF LIABILITY
6.1. No content provided on the Platform or made available via Service is intended or shall be
construed as, the solicitation of an offer to buy, the investment advice, financial advice, tax
advice, legal advice, or any other sort of advice.
6.2. The content provided is for educational purposes only and aims to enhance Users’
knowledge of trading and markets. Under no circumstances it shall constitute a professional
advice or recommendation to take investment, legal, tax or financial decision in the User’s
individual case. The User should not take, or refrain from taking, any action based on any
information contained on the Platform.
6.3. The Organizer and its affiliates are not responsible or have any liability for investment
decisions based upon, or results obtained from any of the content provided. In particular,
the Organizer shall not be obliged to compensate the User for any damages, including for
any loss of profit, resulting from decisions or actions taken by the User based on knowledge
obtained from the content provided. The User assumes the sole responsibility of evaluating
the merits and risks associated with the use of any information and the content published
on the Platform or made available via Service.
6.4. For financial, legal, tax or investment advice in an individual case, the User should contact a qualified financial, legal, tax or investment advisor.
6.5. The Organizer is not an intermediary, agent, advisor, in particular legal advisor or custodian in relation to any transaction. The Organizer is not a broker, financial institution, exchange, general purpose cryptocurrency wallet, or creditor. The Organizer is under no obligation to fulfill any order or authorization issued in relation to any blockchain transaction.
6.6. The User agrees not to hold the Organizer, its affiliates or any third-party service provider
liable for any possible claim for damages arising from any decision made based on
information or other content made available on the Platform or via Exclusive Nest Club
7.1. THIS PROGRAM DOES NOT CONSTITUTE A GUARANTEE OF PROFITS AND ONLY
CONSTITUTES A CONTRACTUAL OBLIGATION ON THE PART OF ORGANIZER BEFORE
THE USERS OF THE PROGRAM TO PROVIDE ONE OF THE CONSIDERATIONS UPON
OCCURRENCE OF CERTAIN CONDITIONS, AS LINED OUT IN THIS PROGRAM RULES.
7.2. THIS PROGRAM, MENTORING SESSION AND ANY OTHER SERVICES MENTIONED
HEREIN ARE OF INFORMATIVE AND EDUCATIONAL PURPOSES ONLY AND SHALL NOT,
BY ANY MEANS, BE CONSIDERED AS FINANCIAL, LEGAL, TAX OR INVESTMENT ADVICE.
7.3. BEFORE USING ANY OF THE INSIGHTS AND MATERIALS SHARED BY THE ORGANIZER,
AS A PART OF THE PROGRAM, OR AS A PART OF ANY OTHER OF THE ORGANIZER’S
SERVICES, THE USER SHOULD SEEK INDEPENDENT FINANCIAL, LEGAL, TAX AND
8. MATTERS UNREGULATED IN THE PROGRAM RULES
8.1. All matters not regulated in these Program Rules shall be regulated by the Platform’s T&C
and laws of Estonia.
9. PERSONAL DATA
9.1. To learn about which User’s data is used by the Organizer, for what purpose it is used, with
whom it may be shared, as well as to obtain details of the User’s legal rights with respect to
10. FINAL PROVISIONS
10.1. These Program Rules enter into force on 24.11.2022.
10.2. The Organizer reserves the right to change these Program Rules at any time. The User will be notified of any changes to these Program Rules by means of an e-mail, containing a link to the website with current version of the Program Rules.
10.3.Any change to the Program Rules, as referred to in Section 10.2. above, should not lead to
any deterioration of rights guaranteed to the User in this Program Rules, in force as of the
date of the purchase of the Service by the User.
10.4.All warranties, representations, conditions, and all other terms of any kind whatsoever
implied by statute or common law are excluded from this Program Rules to the fullest extent
permitted by applicable law.
10.5. For the avoidance of doubt, it is considered that none of the provisions of these Program
Rules shall limit the rights of consumers under the applicable law in Estonia.
10.6.Disputes arising from the Program Rules, which could not be resolved between the User and the Organizer, shall be resolved amicably through negotiations.