4. LIMITATION OF LIABILITY

4.1. No Content provided on the Website or made available via Subscription 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.
4.2. 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. You should not take, or refrain from taking, any action based on any information contained on the Website.
4.3. The Service Provider and its authors are not responsible or have any liability for investment decisions based upon, or results obtained from any of the Content provided. In particular, the Service Provider 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 Website or made available via Subscription Service.
4.4. For financial, legal, tax or investment advice in an individual case, the User should contact a qualified financial, legal, tax or investment advisor.
4.5. The Service Provider is not an intermediary, agent, advisor, in particular legal advisor or custodian in relation to any transaction. The Service Provider is not a broker, financial institution, exchange, general purpose cryptocurrency wallet, or creditor. The Service Provider is under no obligation to fulfill any order or authorization issued in relation to any blockchain transaction.
4.6. The User agrees not to hold the Service Provider, 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 Website or via Subscription Service.

5. SERVICE FUNCTIONALITIES

5.1. Within the Website, the Service Provider provides the Users with a catalog of the Service Provider’s services and information about its business, in a form of graphic and textual information.
5.2. The User may view the Service Provider’s catalog of services and information on its business by selecting an adequate tab available on the Website.
5.3. The Website enables Users to purchase Subscription Service under the terms of section 6.
5.4. The User has immediate access to content provided free of charge. Access to the Subscription Service is available after completing the Order Form described in section 6 and logging into the registered user account.

6. SUBSCRIPTION SERVICE

6.1. The Service Provider provides Subscription Service as described in the applicable Order Form.
6.2. To gain access to the Subscription Service of choice, the User shall choose the relevant Subscription Service plan and proceed to fill in the applicable Order Form. The User shall:

6.2.1 indicate an appropriate renewal time for which the Subscription Service fee will be automatically charged;
6.2.2. provide data necessary to conclude the contract (i.e. name and last name, e-mail address, Discord username and residence address;
6.2.3. check the box to express that the User has read and accepted the Terms of Service;
6.2.4. choose a method of payment and pay for the Subscription Service.

6.3. The available methods of payment and instructions for payment are displayed during the ordering process.
6.4. The Subscription Service will become available once the Service Provider has received sufficient proof that payment was made and has been/will be received by the Service Provider. The User will be notified accordingly of Subscription Service becoming available to them.
6.5. The contract for the Subscription Service will automatically renew for the period specified in the Order Form.
6.6. The User is obliged to provide true and correct data within the Order Form, in particular data necessary to conclude the contract for the Subscription Service.
6.7. The Service Provider provides different options for the Subscription Services offered. The scope of functionalities included in the respective Subscription Service is described on the relevant tab available on the Website.
6.8. The User can also sign up for a Trial Subscription offered on a temporary basis free of charge. During the Trial, the Service Provider will provide the User access to the Subscription Service as described in the applicable Order Form.
6.9. The Trial Subscription starts on the date of the confirmation of your request and lasts for 7 (seven) consecutive days. Upon expiration of the Trial Subscription, the User will be offered to purchase a full Subscription Service of choice. By purchasing a full Subscription Service, the User will be able to keep existing data and workflow.
6.10. The Service Provider might provide some or all elements of the Subscription Service through third-party service providers (such as, but not limited to, web hosting platforms).

7. USER ACCOUNT

7.1. By filing in a Subscription Service Order Form, the User Account is created.
7.2. The User Account grants Users access to the following functionalities:

7.2.1. Reviewing the Subscription Service order details;
7.2.2. Reviewing and editing User’s data, contact details and addresses;
7.2.3. Changing password;
7.2.4. Management of User’s payment methods.

7.3. The User’s Account is active until it is deleted, i.e. with the termination of the Subscription Service agreement by the User or the Service Provider as specified in section 10.

8. CONTACT FORM

8.1. The Service Provider allows Users with an active e-mail address to use the Contact Form available on the Website.
8.2. The Contact Form allows Users to send a message to the Service Provider.
8.3. To use the Contact Form, the User shall:

8.3.1. complete the relevant fields of the Contact Form by providing the e-mail address, name (optional) and write a message;
8.3.2. click on the “Submit” dialog box.

8.4. The User is obliged to provide true and correct data within the Contact Form, in particular data necessary for the provision of the service.

9. NEWSLETTER

9.1. The User may wish to receive a free newsletter regarding the offers and services of the Service Provider to the email address provided by the User.
9.2. The agreement for the provision of newsletter service is concluded under the provisions of the Terms and Conditions, for an indefinite period of time from the moment of signing up for the newsletter.
9.3. To subscribe to the newsletter the User has to perform the following actions:

9.3.1. complete the subscription order available on the Website;
9.3.2. check the box to express that the User has read and accepted the Terms of Service;
9.3.3. click on the “GET MY FREE NEWSLETTER” button.

9.4. The agreement for the provision of newsletter service shall be terminated when the Service Provider withdraws such service from the Website by deleting the subscription order from the Website or when the User unsubscribes from the newsletter in accordance with Section 10.2.
9.5. The User is obliged to provide true and correct data within the subscription order form, in particular data necessary to provide the service.

10. TERMINATION OF CONTRACT

10.1. The User may terminate any contract for the provisi­­on of services described in the Terms of Service at any time, with or without cause and with immediate effect.
10.2. The User may, in particular, unsubscribe from the newsletter service at any time by clicking the “unsubscribe” link provided in the newsletter message received from the Service Provider.
10.3. The User may choose to cancel the Subscription Service early at any time provided that, the Service Provider will not refund or return any fees for the unused Subscription Service. The User may terminate the Subscription Service contract by clicking the corresponding button in the User Account, in a place where all the information about the User’ subscriptions is shared or by sending a direct message to the Service Provider via e-mail address: support@thebirbnest.com.
10.4. The Service Provider may terminate the Subscription Service agreement with immediate effect in the event of the occurrence of any of the following important reasons:

10.4.1. violation of the Terms of Service by the User;
10.4.2. violation of a provision of law or the rights of others in connection with the use of the Subscription Service by the User.

10.5. Regardless of the provision of Section 10.4. above, the Service Provider may terminate the Subscription Service agreement with seven (7) days’ notice in the event of the occurrence of any of the following important reasons:

10.5.1. the User uses the Subscription Service in a violation of good morals, as determined by the Service Provider;
10.5.2. the User uses the Subscription Service in a manner contrary to the objectives, purposes or scope of the Subscription Service;
10.5.3. the User conducts activities that violate or threaten the security of the Service Provider’s ICT system;
10.5.4. the User conducts any other detrimental activities that are harmful to the Service Provider;
10.5.5. discontinuation or modification of the scope of the Subscription Service.

10.6. In the event that a particular circumstance constitutes both a valid reason described in Section 10.4. above and Section 10.5. above, the Service Provider may, at its sole discretion, terminate the Subscription Service agreement with immediate effect pursuant to Section 10.4. above or with the notice period indicated in Section 10.5. above.
10.7. The Service Provider shall terminate the Subscription Service agreement by sending information via the e-mail address indicated in the User Account.

11. COMPLAINTS PROCEDURE

11.1. The Service Provider takes actions to ensure proper functioning of the Website, to the extent resulting from the current technical knowledge, and commits to remove defects or interruptions in the operation of the Website, which were reported by the Users.
11.2. The User may notify the Service Provider of any defects or interruptions in the functioning of the Website (Complaints).
11.3. The User may submit Complaints to the address: Harju maakond, Tallinn, Nõmme linnaosa, Rännaku pst 12, 10917 or at support@thebirbnest.com. The date of submission of a Complaint shall be (i) the postmark date stamped on the envelope sent to the Service Provider, (ii) the date of its submission by telephone or (iii) the date the email arrives to the Service Provider’s email server.
11.4. The User may lodge a Complaint within 30 days from the date on which defects or interruptions in the functioning of the Website took place. A Complaint lodged after the period specified in the first sentence shall not be investigated, of which the Service Provider shall immediately notify the User, but this does not prejudice the possibility of the User to pursue claims under the applicable laws.
11.5. The Complaint shall include the User’s name and surname, correspondence address, type and date of occurrence of the reasons for the Complaint.
11.6. The Service Provider shall respond to the Complaint within 30 days of its receipt. The Service Provider shall provide the User with the response to the Complaint on paper or on another durable medium.
11.7. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Service Provider informs that an ODR platform for the resolution of disputes between consumers resident in the European Union and traders established in the European Union wishing to use out-of-court dispute resolution methods for contractual obligations arising from online sales contracts or service contracts is available at: Here.
11.8. The Service Provider informs that unless such an obligation arises from the mandatory provisions of law, the Service Provider does not use out-of-court means of pursuing claims (out-of-court dispute resolution). Furthermore, the Service Provider is not obliged to use the ODR platform referred to in section 11.7 above.
11.9. In the event of a dispute with the Service Provider, the User may seek assistance and advice from a municipal or district consumer ombudsman or consumer organizations such as the European Consumer Centre. All private customers are entitled to address a competent supervisory authority, which is the Consumer Protection and Technical Regulatory Authority at Endla 10A, 10122 Tallinn, e-mail: info@ttja.ee. In order to resolve disputes, you the User that is a private consumer, may address the Consumer Disputes Committee. The Consumer Disputes Committee is authorized to resolve disputes arising from contracts entered into between traders and consumers that the parties have failed to resolve by way of negotiations. Further information on the resolution of complaints is available at Here (EST). More information can be found on the websites of these entities.
11.10. If the User acts as a legal person or a sole proprietor, the provisions relating to special consumer rights shall not be applicable.

12. DATA PROCESSING

12.1. The rules of processing personal data of Users using the services available on the Website are set in the Privacy Policy

13. CHANGES TO TERMS OF SERVICE

13.1. The Service Provider is entitled to amend these Terms of Service unilaterally to the extent not individually agreed with the User for justified reasons. A justified reason is in particular the emergence of one of the following circumstances:

13.1.1. the change of the applicable law in Estonia to the extent that such change in the law modifies the provisions of these Terms of Service or imposes an obligation on the Service Provider to modify these provisions;
13.1.2. the issuance of decisions, recommendations, obligations or acts of similar nature, by public administration authorities, including in particular the President of the Office of Competition and Consumer Protection, to the extent to which such administrative acts modify the provisions of these Terms and Conditions or impose an obligation on the Service Provider to modify these provisions;
13.1.3. the introduction of new functionalities of the Website or modification of their current scope by the Service Provider – in this case the amendment of the Terms of Service shall be permitted to the extent concerning such new functionalities;
13.1.4. the introduction of new or modification of existing IT systems by the Service Provider – in this case the change of the content of the Terms of Service shall be acceptable to the extent that is objectively necessary and directly related to the introduction or modification of such IT systems;
13.1.5. the emergence of judicial or administrative case-law which indicates that contractual provisions similar to those applied by the Service Provider may be contrary to the law, in particular consumer protection law – in this case a change to the provisions of the concluded contract shall be permitted if, upon a comprehensive consideration of the circumstances of the case, it can be objectively assumed that from the perspective of an average User who is a Consumer the proposed change is to his/her advantage;
13.1.6. the Terms of Service need to be supplemented, clarified or modified due to applicable laws of the Republic of Estonia or for the sake of greater clarity of its provisions for Consumers – in this case, an amendment to the Terms of Service shall be permitted to the extent which allows the adjustment of the Terms of Service to the applicable laws or to achieve greater clarity of its provisions.

13.2. The Service Provider shall inform the User by publication on the Website at least of:

13.2.1. the content of the planned change to the Terms of Service;
13.2.2. the effective date of the change;
13.2.3. the consolidated text of the Terms of Service as amended.

13.3. With the exception of section 13.4., the change of the Terms of Service shall not apply to agreements on provision of services concluded before the effective date of the change of the Terms of Service. Such agreements shall be governed by the provisions of the Terms of Service in force on the date of the User’s intention to conclude such an agreement for the provision of services.
13.4. The amended Terms of Service shall apply to the User who does not resign from the Subscription Service before the effective date of the amendment to the Terms of Service. Termination of the Subscription Service shall be pursuant to the rules set in Section 10.3. of the Terms of Service.

14. NOTICES

14.1. You agree that we may communicate with you electronically in matters related to your Account. We may also provide notices to you by posting them in your Account on the Website, or by sending them to an email address that you have previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.

15. WITHDRAWAL

15.1. You agree that your right to withdrawal is excluded, as the object of the Subscription Service is the delivery for a fee of such digital content which is not delivered on a physical medium. Alternatively, the object of the Subscription Service can be the provision of a service or other continuous performance, where the contractual obligations of the Service Provider are fully performed, and the consumer pays a fee to the trader. Before completing the Order Form, you will be asked to grant consent and acknowledgment of losing the right to withdrawal on the appropriate basis.

16. FINAL PROVISIONS

16.1. The Terms of Service enter into force on November 1st 2022.
16.2. All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from this Terms of Service to the fullest extent permitted by applicable law.
16.3. In matters not regulated by these Terms of Service, the relevant provisions of law shall apply. For the avoidance of doubt, it is considered that none of the provisions of these Terms of Service shall limit the rights of the Consumer under the applicable law in Estonia. In the event of the occurrence of a provision of this nature, the provisions of the applicable law shall apply.
16.4. Disputes arising from the Terms of Service, which could not be resolved between the Users and the Service Provider, will be settled by the competent court.