These Terms of Service set the rules for the use of the Website for individual Users free of charge.
The owner of the Website, authorized to administer its resources, is the Service Provider.
DEFINITIONS
Brightpool Protocol – a decentralized, autonomous protocol operating independently of the Service Provider and described in the whitepaper at www.brightpool.finance.
Consumer – any natural person who performs legal actions with the Service Provider, which are not directly connected with its professional or business activity.
Quasi-Consumer – a natural person within the meaning of art. 38a of the Act of 30 May 2014 on consumer rights, using the Website, when the use of the Website is not of a professional nature for that person, based in particular on the subject of business activity made available on the basis of the provisions in the Central Register and Information on Economic Activity.
Service Provider – Bright Foundation MTÜ in Tallinn, Estonia (address: Harju maakond, Tallinn, Kesklinna linnaosa, Vase tn 4-13, 10125, registered in the Estonian Register of Non-Profit Associations and Foundations kept by the Tartu District Court, under the registry no: 80593310.
Terms of Service – these Terms of Service.
User – any natural person visiting the or using using one or more services or functionalities described in the Terms of Service.
Website – a website run by the Service at www.brigtpool.finance.
General Provisions
The Website is of informative nature and is used to present the Service Provider's catalog of services as well as to provide relevant materials, including in particular materials related to the services offered by the Service Provider.
The Terms of Service define the type and scope of services supplied electronically on the Website, the conditions for conclusion and termination of agreements, the principles of use of the Website by Users, and the principles of use of its additional functionalities.
The agreement for providing access to the Website is concluded on the conditions specified in the Terms of Service, for an indefinite period of time, at the moment when the User invokes the URL of the Website in the browser window of his/her device, or when the User uses a redirection link leading to the Website (i.e. when entering the Website). The agreement for providing access to the Website is terminated when the User leaves the Website.
To use the Website, the ICT system used by the User shall meet the following minimum technical requirements:
a device connected to the Internet with the latest, full version of Chrome, Safari, Mozilla Firefox, Opera or Microsoft Edge browser;
cookies and javascript enabled in the browser;
screen resolution when displaying the Website is at least 1280x1024 pixels.
No fees are charged or collected for use of the Website.
The Service Provider does not provide any services in relation to or deliver, hold, and/or receive payment for digital assets. We do not receive any fees for any services offered on this website.
The User is obliged to use the Website in accordance with the law and morality, with respect to personal rights and intellectual property rights, in particular copyrights belonging to the Service Provider or third parties.
The User is authorized to use the Website exclusively for his/her own personal use. This means in particular that data and any other materials found on the Website, both those that are protected under copyright law and those that are not, cannot be used for User's commercial activities.
The Service Provider declares that the materials and information published on the Website are created and edited with due diligence.
The User is obliged not to take any actions that would affect the proper functioning of the Website. In particular, it is forbidden to interfere in any way with the content placed on the Website.
It is forbidden for the User to provide unlawful content using the Website.
SERVICE FUNCTIONALITIES
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.
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.
The Website does not enable the purchase and use of services found in the Service Provider's catalog and is for informational purposes only. The information provided on the Website should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Website. Before making any financial, legal, or other decisions please examine the terms and conditions, the operation of Brightpool Protocol and consult an expert, as necessary. If the User wishes to use a service available in the Service Provider's catalog of services, he/she will be redirected to a dedicated website of the Service Provider after clicking on the relevant tab. Detailed terms and conditions for use of the Service Provider's website referred to in the previous sentence, including agreements on the provision of specific services, are set out in the regulations available at: [...].
The company is not a party to any transaction made by the Users. The Service Provider has no access to private keys. The Service Provider is not an intermediary, agent, 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 fulfil any order or authorization issued in relation to any blockchain transaction.
NEWSLETTER
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.
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.
To subscribe to the newsletter the User has to perform the following actions:
complete the subscription order available on the Website;
check the box to express consent to receive marketing content;
click on the "Sign up" button.
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 6.2.
The User is obliged to provide true and correct data within the subscription order form, in particular the data necessary to provide the service.
TERMINATION OF CONTRACT
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.
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.
LIABILITY
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law.
COMPLIANTS PROCEDURE
The Service Provider takes actions to ensure proper functioning of the Website, to the extent resulting from the current technical knowledge, and commits to immediately remove defects or interruptions in the operation of the Website, which were reported by the Users.
The User may notify the Service Provider of any defects or interruptions in the functioning of the Website (Complaints).
The User may submit Complaints to the address: contact@brightpool. The date of submission of a Complaint shall be the postmark date stamped on the envelope sent to the Service Provider or the date of its submission by telephone.
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.
The Complaint shall include the User's name and surname, correspondence address, type and date of occurrence of the reasons for the Complaint.
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.
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: http://ec.europa.eu/ consumers/odr.
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 point 8.7 above.
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: [email protected]. 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 https://komisjon.ee/et/avalduse-esitamine (EST). More information can be found on the websites of these entities.
If the User acts as a legal person or a sole proprietor, the provisions relating to special consumer rights shall not be applicable.
DATA PROCESSING
The rules of processing personal data of Users using the services available on the Website are set in the Privacy Policy.
CHANGES TO TERMS OF SERVICE
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:
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 Service Provider to modify these provisions;
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 Service Provider to modify these provisions;
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;
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;
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 or Quasi-Consumer the proposed change is to his/her advantage;
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 and Quasi-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.
The Service Provider shall inform the User by publication on the Website at least of:
the content of the planned change to the Terms of Service;
the effective date of the change;
the consolidated text of the Terms of Service as amended.
10.3. 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.
FINAL PROVISIONS
The Terms of Service enter into force on 21 July 2022.
11.2. 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 or the Quasi-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.
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.