Offer Agreement from HQ Finance LLC
1. BASIC CONCEPTS AND TERMS
1.1. Software (hereinafter referred to as Software) means external processing, reports or printing forms, as well as extensions or subsystems of the worldscreener offered at worldscreener.com
1.2. The Buyer means any individual or legal entity who has visited the worldscreener.com website intending to pay for the Software usage right, has reached full civil capacity and lawful age and has paid for the Software subscription.
1.3. The Seller means HQ Finance LLC
1.4. Website means worldscreener.com, the Seller’s website, which is a set of objects: software, programs, databases and their structures, charts, information materials, graphic elements, drawings, audiovisual materials combined by the requirements of functionality, logic, design, thematic focus and purpose, intended for publication on the Internet and displayed as text, graphics or sound content
1.5 PC means a Computer, Personal computer, Laptop, Smartphone or other device with an operating system which the worldscreener.com program and the Software can operate in.
1.6. The Offer Agreement means an agreement between the Seller and the Buyer, which is concluded through the acceptance of the offer.
1.7. The Offer acceptance means full and unconditional acceptance of all conditions of this Offer Agreement. The offer acceptance creates the Offer Agreement.
1.8. The Offer means this Offer Agreement, published on the Internet at: worldscreener.com
This agreement is a public Offer Agreement (Art. 435 and Part 2, Art. 437 of the Civil Code of the Russian Federation)
1.9. Worldscreener.com typical configurations are typical HQ Finance solutions: Portfolio Management, Charting, Human Resource Management, Comprehensive Automation, Comprehensive Analytics, Global Analytics, Technical Analysis, Fundamental Analysis, Benchmarking, and other solutions presented on worldscreener.com
1.10. Software Operability means the ability of the Software to perform the functions listed on the Website page describing this Software. Information on the Software capabilities can be presented as text, graphics, videos, charts and templates.
1.11 Subscription is the period for which the buyer acquires the right to use the Software, and the price for this period established by the Seller
1.12 Login is the Buyer's nickname specified by it during registration
2. GENERAL PROVISIONS
2.1 HQ Finance LLC hereinafter referred to as the Seller, addresses this Offer Agreement (hereinafter - the "Offer") to any person (hereinafter - the "Buyer") who has reached full civil capacity and lawful age, whose will will be expressed by them personally, or through an authorized representative (Art. 182.185 of the Civil Code of the Russian Federation), who has expressed their willingness to buy the right to use the Software for a certain period of time, at the discretion of the buyer and within the period provided by the seller (subscription).
2.2. The Offer is an official offer of the "Seller" (Offer) to conclude an agreement for the sale and purchase of the Software usage right offered on the worldscreener.com Website and contains all the essential agreement terms.
2.3. The acceptance of the offer will be considered the only possible due acceptance of the Offer.
2.4. By accepting the Offer, the Buyer guarantees that it has read all the conditions set forth in the text of the Offer, agrees with them, as well as fully and unconditionally accepts these conditions.
2.5. The Offer does not require to be signed and sealed by the Buyer and the Seller (hereinafter referred to as the Parties), while maintaining legal force.
2.6. Consumer protection legal arrangements are governed by the Civil Code of the Russian Federation, the Law “On Protection of Consumers’ Rights” and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
2.7. The Seller reserves the right to make changes to the Offer, in this connection, the Buyer undertakes to regularly monitor changes in the Offer posted on the Website (see para. 1.8).
2.8. The Seller recommends, and the Offer obliges the Buyer to double-check the data provided on the worldscreener.com website, since in the event of a technical error or for other reasons, such data may be temporarily inaccurate.
3. SUBJECT OF THE AGREEMENT
3.1. In accordance with the terms of the Offer, the Buyer undertakes to pay for the Software usage right, and the Seller undertakes to provide the availability of the Software, except for the time when the service undergoes maintenance.
3.2. The Software is provided by the Seller on the worldscreener.com website under the Offer based on the Buyer's payment for the Subscription
3.3. In accordance with the Offer terms, the Buyer makes a prepayment for the Software by credit transfer using the Website services and becomes permitted to use the Software automatically. Or the Buyer makes a prepayment for the Software by invoice by credit transfer to the Seller's current account, having previously requested an invoice for payment, informing the Seller about it by e-mail for further instructions.
3.4. The Seller's Software price is not subject to VAT in accordance with para. 2. Ch. 26 of the Tax Code of the Russian Federation and is determined depending on the selected Software tariff, based on the current tariffs as of the date of payment, which can be found at worldscreener.com/login
3.5. The Software is transmitted over the Internet, namely by using it on the Seller's website. After a user makes payment on the Website, the Software becomes available for use automatically. The Seller independently grants the Software usage access to the Buyer in the following cases: At the request of the Buyer, indicating all the necessary information on the order, when, for technical reasons, the Software does not become available for automatic use; When the Buyer makes a payment to the Seller by invoice, after the receipt of payment from the Buyer to the Seller's current account; In other cases, at the initiative of the Seller.
3.6. All Software is provided to the Buyer for non-exclusive use. Only specific Software can be an exception, provided that it is indicated on the Website page with a description of the specific Software and the seller's consent, certified by a digital signature.
3.7. All the Software presented on the Seller's Website is closed-source software by default and is the Seller’s intellectual property.
3.8. The Software is Operable (para. 1.10), if it performs functions that correspond to the Software description on the corresponding Website page.
4. ACCEPTANCE PERIOD, OFFER VALIDITY PERIOD
4.1. The Offer comes into force from the date the Acceptance is concluded and is valid until the Parties fulfill their obligations.
4.2. The Offer remains in force in the event of a change in the details of the Parties, a change in the organizational and legal form and in other cases.
4.3. If any of the Offer provisions is recognized as invalid by the court, the remaining provisions do not become invalid.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Seller undertakes to:
5.1.1. Make the Software available for the Buyer within the terms agreed by the Parties, in accordance with the terms of the Offer.
5.1.2. Not disclose confidential information and data provided by the Buyer in connection with the execution of the Offer.
5.2. The Seller is entitled to:
5.2.1. Provide or refuse to provide the Buyer with a demo version of the Software via the Internet for testing before buying.
5.2.2. Review the terms, conditions and amount of payment for the Software.
5.3. The Buyer undertakes to:
5.3.1. Provide the Seller with all the information and data necessary to fulfill its obligations under the Offer.
5.3.2. Not disclose confidential information and other data provided by the Seller in connection with the execution of the Offer.
5.3.3. Not transfer the seller's Software to third parties and use the received Software for personal use only.
5.3.4. Not take actions that may directly or indirectly disrupt the Operability of the Software or the website as a whole
5.3.5. Create the necessary technical conditions for the functioning of the purchased Software independently and at its own expense.
5.4. The Buyer is entitled to:
5.4.1. Require the Seller to properly fulfill its obligations under the Offer.
5.4.2. Contact the Seller on questions regarding the Software usage via the Internet, at the addresses indicated on the Website
5.4.3. Request a demo version of the Software from the Seller for testing before purchasing.
6. GUARANTEES OF THE PARTIES
6.1. Software Operability Guarantee (hereinafter referred to as SOG). The Seller guarantees the Software Operability under the following conditions:
Typical worldscreener.com configurations (para. 1.9), without modifications. (The Software is used in typical configurations of worldscreener.com, the configurations must remain in the form originally provided by the worldscreener.com developers, i.e. without independent modification by the Buyer or third parties.)
The configuration of the tested Software releases is used exactly in those releases that are indicated on the Software description page
The Software is used by the Buyer, that is, by a user who does not have limited rights for using the program.
Operable technical conditions. (The Software is used on fully serviceable devices set forth below: PC, Operating system, as well as other devices and programs supported by the Software.
6.2. In case of non-observance of the SOG conditions (para. 6.1) Software Operability is possible, but not guaranteed.
6.3. If it is impossible to use the Software subject to the SOG conditions (para. 6.1.) The Seller undertakes to extend the Software usage term (free of charge) for a period not less than the period during which the Software did not function.
6.4. The Buyer guarantees that it purchases the Software for its personal purposes.
6.5. The Buyer guarantees that, prior to the Offer Acceptance, it has familiarized itself with:
The ability to request a demo version of the software (para. 5.4.3) and if it is provided (para. 5.2.1) familiarize itself with it;
The Software description, requirements for the system and hardware platform, Software delivery terms (see para. 3.5);
SOG conditions (see para. 6.1) and other information related to the Software and the granting of rights to it, posted on the Seller's Website. THE BUYER GUARANTEES THAT AT THE TIME OF ACCEPTANCE OF THIS OFFER IT KNOWS THAT THE REVERSION AND/OR EXCHANGE OF THE SOFTWARE USAGE RIGHT IS NOT PROVIDED FOR BY THE LEGISLATION OF THE RUSSIAN FEDERATION. In accordance with the legislation of the Russian Federation, the Buyer is entitled to demand termination of the Offer in court in the presence of the circumstances established by Art. 438, Art. 450 of the Civil Code of the Russian Federation.
7. LIABILITY AND RESPONSIBILITY OF THE PARTIES
7.1. The Parties are liable for non-fulfillment of the conditions stipulated by the Offer in accordance with the norms of the legislation of the Russian Federation.
7.2. The Buyer is responsible for the accuracy of the data entered by it when making a payment for the Software, as well as for the correctness of its payment.
7.3 The Seller is not responsible for direct and/or indirect damage caused to the Buyer or other entities, and also does not reimburse the Buyer or other persons for losses (including lost profits) incurred by the Buyer or other persons as a result of using the Software, and is not responsible for changes in the Software properties, functions and quality, if such changes are related to the performance of the Internet, PC, Operating system, worldscreener.com program, or other circumstances beyond the Seller’s competence, influence and control. The Seller is not responsible for the Software failures.
7.5. The parties are exempt from liability for partial or complete failure to fulfill obligations under the Offer, if such a failure was the result of force majeure circumstances that arose after the conclusion of the Offer as a result of extraordinary events that the parties could not foresee or prevent by conducting reasonable measures. Force majeure circumstances include events that the parties cannot influence and cannot be responsible for their occurrence; such events include earthquakes, floods, fires, strikes, violent or military actions of any nature, decisions of state authorities that impede the implementation of the Offer.
8. ADDITIONAL TERMS AND CONDITIONS
8.1. In cases of purchasing the temporary Software usage right on the Website, the Buyer's written requests to the Seller must contain all the Buyer's data specified by them when placing its order on the Website (including the order number, login, email address, a link to the Website page with a description of the Software purchased), and other data necessary for the Seller to identify the Buyer.
8.2. The parties acknowledge the legal force of notifications and messages sent by the Seller to the Buyer's e-mail address specified by them when placing the order. In the event of a disagreement on the time of sending, receiving messages, and their content, the Parties agreed to consider the data obtained using the technical means of the Seller as reliable and final to resolve the disagreement between the Parties.
8.3. The parties acknowledge that notifications and messages sent by the Buyer to the Seller are considered to be duly completed only when they are drawn up in writing indicating all the data (see para. 8.1) required to identify the Buyer.
8.4. This Offer has been drawn up in accordance with the current legislation of the Russian Federation.
9. NON-RESPONSIBILITY CLAUSE; LIMITATION OF RESPONSIBILITY
9.1 The Seller and its third party vendors disclaim any warranties and representations, express or implied, including any warranties of merchantability or suitability for a particular purpose or use in relation to Seller's services, including information, data, software or products contained in them, or the results obtained as a result of their use or in relation to their implementation.
9.2 a reference to a particular investment or security, credit rating or any value in relation to an investment or security provided on the Seller's website does not constitute a recommendation to buy, sell or hold such an investment or security, or make any other investment decisions, and does not affects the suitability of any investment or security. The Seller's services should not be the basis or substitute for the skills, judgment, experience of the user, the company, their respective management, employees, consultants, and/or customers in making investment and other business decisions. The Seller does not act and does not consider acting as a trustee in the provision of its services and data from its data suppliers.
9.3 Neither Seller nor its data providers guarantee the adequacy, accuracy, timeliness or completeness of the services provided by the Seller and its data providers or any of their components. As well as they do not guarantee the aforesaid regarding any messages, including oral or written messages (including electronic messages), or imprint in relation to them. Neither the seller nor its suppliers shall be liable for any errors, omissions, interruptions or delays in the provision of HQ Finance LLC services. The Seller's services and all their components, including data obtained from data providers, are provided on an "as supplied" basis, and all users and/or companies use the services of HQ Finance LLC at their own risk
9.4 The Seller is not responsible for the following:
(А). Purchase, installation or maintenance of any equipment which the User and/or the company use to gain access to the Seller’s services;
(B) Any communication connection used for transmission of the Seller's services
(B) Transmission of the Seller's services to the company outside of the worldscreener.com website or its official service reseller;
(D) Any fees paid by Buyer for any lines of communication to any distributor or any individual, company or legal entity.
9.5 Notwithstanding all the provisions of this agreement conflicting with possible other User’s agreements with third parties, the Seller, its data providers are not liable for any indirect, special, incidental or punitive damages, including lost profits, trading losses, losses from business interruption, wasted time or goodwill, even if it has been advised of the possibility of such losses, whether in a contract, tort, strict liability or otherwise.
9.6 Neither the Seller nor its data providers are responsible for any third party claims against the User and/or the company.
9.7 Nothing in this agreement is intended to limit or exclude any liability, which cannot be limited or excluded in accordance with the legislation of the Russian Federation.
9.8 No actions, regardless of the form, arising from or relating to this agreement, any subscription and/or services of the Seller can be presented by the User in the form of a claim more than 3 (three) months after the start of such actions
9.9 In addition to any provision of this agreement, if the Seller reasonably believes that any of the Seller's services are being provided inappropriately, are available or not securely protected due to any negligent, reckless, or deliberate action or inaction of the User, the company of its employees, contractors or agents, and such action or inaction causes or may lead to damage or loss to the Seller, the Seller reserves the right and may immediately cease the provision of services.
10.1. When registering users, HQ Finance requests user data solely to personalize the users, to further distinguish one user from another, to provide a corresponding subscription service and to further communicate with them to improve the quality of the services provided.
10.2. The types of personal data we request from the user depend on the way the user interacts with the Seller and what Services it purchases or uses.
10.3. In many cases, the buyer may agree or refuse to provide LLC HQ Finance with its personal data, but in case of refusal, it will not be able to use the Services in full.
10.4 The worldscreener.com website administration undertakes to maintaining your privacy on the Internet.
10.5 Personal data collection and use
We collect and use your personal data only in the case of your voluntary consent. If you agree to this, you authorize us to collect and use the following data: your name and surname, date of birth, email, phone number, bank card details. Data collection and processing is carried out in accordance with the current legislation of the European Union and the Russian Federation.
10.6 Data storage, modification and deletion
The user who provided their personal data to the worldscreener.com website is entitled to change and delete it, as well as to withdraw their consent to the use of such personal data. The period during which your personal data will be stored is the time required to use the data for the website’s main activities. At the end of using your data, the website administration deletes it. To access your personal data, you can contact the website administration at the following address: email@example.com. We can transfer your personal data to third parties only with your voluntary consent; if such data was transferred to other organizations not associated with us, we cannot change the data transferred.
10.7 Use of technical data when visiting the website
When you visit the worldscreener.com website, the database stores records containing your IP address, time of visit, browser settings, operating system, as well as other technical information necessary for the website's content to be correctly displayed. It is impossible for us to use this data to identify a visitor.
10.8 Provision of information by children
If you are a parent or guardian and you know that your children have provided us with their personal information without your consent, please contact us at worldscreener.com. It is forbidden to file personal data of minors to our service without the consent of their parents or legal guardians.
10.10 Use of personal data by other services
10.11 Links to other websites
11. DISPUTE RESOLUTION
11.1. In case of Software Malfunction (para. 1.10), for reasons of non-observance of the SOG conditions (para. 6.1), the Buyer is not entitled to file any claims against the Seller.
11.2. Disputes and disagreements that may arise during the execution of the Offer will be resolved between the Parties to the Offer through negotiations.
11.3. In the event that disputes and disagreements cannot be resolved in the manner specified in para. 11.2, they are subject to settlement in the Arbitration Court of the Stavropol Territory in the manner prescribed by the legislation of the Russian Federation.
HQ Finance LLC
Internet address: worldscreener.com
Date: November "6", 2020
Effective date: November "7", 2020
©️ 2021 HQ Finance LLC