1. GENERAL PROVISIONS
1.1. Limited Liability Company CJSC “Dynamic Securities”, hereinafter referred to as the “Contractor”, publishes this public offer with an offer to any legal entity, individual who has reached the age of 18 (hereinafter referred to as the “Customer”) to enter into an agreement for the provision of paid services by subscription (hereinafter referred to as the “Agreement”).
1.2. In accordance with the article of the Civil Code of the Kyrgyz Republic, this document is a public offer (hereinafter referred to as the “Offer”), and in case of acceptance of the conditions set out below, the Customer, accepting the offer, acquires all the rights and obligations of the Customer.
1.3. The Offer comes into force from the moment of its publication on the website https://dsbroker.kg/ (hereinafter referred to as the “Site”) and is valid until the Offer is revoked by the Contractor by ceasing its posting on the specified page of the Site.
1.4. The Customer shall be deemed to have performed all of the following actions in totality as a proper acceptance of the Offer:
• familiarization of the Customer with the terms of the Offer;
• payment for the first period of provision of the Contractor’s services.
1.5. Acceptance of the Offer shall be a confirmation that any and all terms of the Offer are accepted by the Customer in full and completely without any reservations or limitations, while acceptance of the Offer shall confirm that the Customer understands all terms of provision of the service and the terms of the Offer, that the Customer has exercised the right to receive from the Contractor any and all explanations regarding the terms of provision of the services and the Offer, and shall also confirm that the terms of provision of the services and the Offer fully correspond to the will, needs and requirements of the Customer. Acceptance of the Offer means that the Offer does not contain the conditions specified in the Civil Code, and does not contain other conditions that are clearly burdensome for the Customer, which the Customer, based on its reasonably understood interests, would not accept if it had the opportunity to participate in determining the terms of the Offer, and the services specified in this Offer are not imposed on the Customer.
2. SUBJECT OF THE OFFER
2.1. The Contractor provides the Customer with consulting services in the field of investments in financial instruments stipulated by the law “On the Securities Market”, and the Customer undertakes to accept the services properly rendered and pay for them in accordance with the terms of the selected subscription rate posted on the Site.
2.2. The Subscription Period may be 1, 3, 6 or 12 months.
2.3. The Customer understands and agrees that the Subscription is issued from the moment of payment for the first Subscription period, the Subscription is automatically renewed for the next similar Subscription period by paying for the next Subscription period in the manner specified in the Agreement. The number of renewals is not limited. The Customer has the right to change the Subscription period and / or refuse to renew the Subscription for the next Subscription period in the personal account or by sending an email or using the corresponding link in the emails sent to the Customer by the Contractor. In this case, the Customer’s access to the order of services under the Subscription is terminated from the day following the last day of the paid Subscription period.
2.3.1. The Customer understands and agrees that payment for subsequent subscription periods is made by automatically debiting funds in the amount of the cost of the corresponding subscription period from the Customer’s bank card specified by the Customer in the personal account when registering the first Subscription period. The Customer gives his full consent to such debiting of funds. The subscription is suspended in case of non-payment for the next Subscription period until the moment of its payment, but not more than for 5 (five) calendar days from the last day of the paid Subscription period. The cost of the subscription is not subject to reduction for the period of its suspension in case of late payment.
In case of impossibility to write off funds in the established amount, including, but not limited to, in case of insufficient funds on the Customer’s bank card for writing off, after 5 (five) calendar days from the last day of the paid Subscription period, this Offer Agreement shall be considered terminated.
2.4. When making a Subscription, the Customer agrees that for each Subscription period specified by the Customer when making a Subscription, the Contractor shall charge the subscription fee set by the Contractor on the day of payment in advance until the Customer refuses to renew the Subscription for the next Subscription period.
2.5. Detailed information on the terms of provision of services, methods of using services may be contained on the Website. If the information on services contained in the Offer differs from the information on services posted on the Website, the information available on the Website on the date of acceptance shall have priority. The requirements or information contained on the Site on the date of acceptance are considered by the parties as an addition to the Offer and are mandatory for execution. Partial Acceptance without acceptance of the terms and conditions contained on the Site is not allowed.
2.6. The information materials provided by the Contractor during the execution of the Agreement are not an individual investment recommendation, and the financial instruments or transactions mentioned in them may not correspond to the investment profile of the Customer and its investment goals (expectations). Determining the compliance of a financial instrument or transactions with it with the interests of the Customer, its investment goals, investment horizon and level of acceptable risk is the task of the Customer.
2.7. Services in the expired Subscription period are considered to be rendered from the moment of completion of such period. In the absence of substantiated and motivated claims regarding the fact of provision of access to services within 2 two working days from the date of completion of the Subscription period, the services are considered to be rendered properly and in full and accepted by the Customer without comments.
1. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
1.1. The Contractor undertakes to:
1.1.1. Provide the Customer with services of due quality in full, on time and under the terms specified in the Offer and on the Website.
1.1.2. Provide access to materials and information in accordance with the terms of the Offer after the Customer has properly fulfilled his payment obligations.
1.1.3. Notify the Customer of the method of remote connection via the Internet to receive the Services, if necessary, provide the access code or the necessary information to receive information, materials.
1.2. The Contractor has the right to:
1.2.1. Not provide access to information until the funds are received in full from the Customer.
1.2.2. Send advertising and informational
messages to the mobile phone number and (or) email address specified by the Customer at the time of registration or communicated to the Contractor in another way.
1.2.3. Unilaterally change and supplement the terms of the Offer, without prior approval from the Customer, while ensuring the publication of the amended terms on the website at least one day before they come into effect.
1.3. The Customer undertakes to:
1.3.1. Pay for services in the amounts and within the timeframes specified in the terms of the selected Subscription tariff posted on the Website.
1.3.2. View correspondence received by the e-mail specified during registration on the Website, during the entire period of provision of services.
1.3.3. Maintain the accuracy and relevance of the data specified during registration. Notify the Contractor of changes in data within 2 (two) days from the date of change.
1.3.4. Independently monitor any and all updates to the information posted on the Contractor’s Website, including independently monitoring changes to the Offer and the
Website, any other materials that are directly or indirectly related to the provision of the service or affect them. The Customer is deprived of the right to refer to the lack of awareness of the said changes if such changes are posted on the Contractor’s Website.
1.4. The Customer has the right to:
1.4.1. Demand from the Contractor timely and high-quality provision of Services.
2. LIABILITY OF THE PARTIES AND DISPUTE SETTLEMENT
2.1. The parties shall bear liability for failure to fulfill or improper fulfillment of their obligations as provided for by the legislation of the Kyrgyz Republic and the Agreement. Lost profits shall not be subject to compensation under any circumstances.
2.2. The Contractor shall not be liable for possible losses in the event of transactions or investments in financial instruments mentioned in the information materials provided to the Customer during the execution of the Agreement. The Contractor does not recommend using the specified information as the sole source of information when making investment decisions.
2.3. The Contractor shall not be liable if the Customer, for reasons beyond the control of the Contractor, did not use the opportunity to receive the Services provided by the Contractor, as well as in the event of the impossibility of using the Service due to the unsatisfactory quality of communication channels, communication lines, malfunction of the Customer’s equipment, non-payment by the Customer for third-party services (communications, Internet) necessary for the Customer to receive the Services.
2.4. The Parties undertake to maintain confidentiality with respect to information and actions during the fulfillment of obligations.
2.5. The Parties shall not be liable for failure to fulfill or improper fulfillment of obligations due to force majeure circumstances, namely: military actions, natural disasters, mass unrest.
2.6. Both Parties shall immediately notify each other in writing of the beginning and end of force majeure circumstances that prevent the fulfillment of obligations.
2.7. The liability of the Parties in cases not provided for by this Agreement shall be governed by the legislation of the Kyrgyz Republic.
2.8. All disputes and disagreements under this Agreement, if no agreement is reached between the Parties, shall be resolved in court. The pre-trial claim procedure is mandatory for the Parties. The period for consideration of a claim is 15 calendar days from the date of its receipt.
3. PERSONAL DATA AND THEIR USE
3.1. The Customer gives their consent to the Contractor to process their personal data provided during registration, namely: first name, last name, e-mail address, contact phone number.
4. COPYRIGHT PROTECTION
4.1. The Site and materials provided by Subscription contain the results of intellectual activity belonging to the Contractor.
4.2. The Customer has no right, without the consent of the Contractor, to distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information provided by the Contractor to the Customer, to create information products on its basis for the purpose of deriving commercial profit, or to use the information in any way other than for personal use.
5. CONTRACTOR INFORMATION
Contractor:
(CJSC) “Dynamic Securities”
Address: Kyrgyzstan, Bishkek, Ch. Aitmatov Avenue 4/4
INN: 02009202410408
Registration number: 308648-3301-ZAO
OKPO: 33286017