1. General Provisions
1.1. This document is a public offer of Lana Invest Limited (registration number C99044), hereinafter referred to as the" Contractor", and contains all the essential terms of the contract for the remote provision of services.
1.2. The individual who accepts this offer becomes the Customer, acquires all the rights and obligations provided for in this agreement, and the Contractor and the Customer jointly become the Parties to the Offer agreement.
1.3. This public offer is accepted through the Customer's full or partial payment for the services in accordance with the terms hereof. This agreement shall be deemed to be concluded between the Customer and the Contractor as the money in payment for the services enters the Contractor's current account.
1.4. Acceptance of this Offer and, consequently, the conclusion of this Agreement means that the Customer has to the desired extent familiarized themselves with the terms hereof, the rules of the payment system (hereinafter referred to as "the System"), the operation peculiarities of the System and the website where the educational materials are posted, and the course syllabus posted on the website: https://lanainvest.com
1.5. By accepting this offer, the Customer confirms that the distance services rendered by the Contractor under this agreement using Software (hereinafter referred to as the "Software") fully fits the Customer's ability to use the services rendered in this way.
1.6. The current offer agreement is always located at: https://lanainvest.com/offer/en
2. Terms and Definitions
2.1. In this agreement the following words and expressions shall have the meanings set forth below unless otherwise expressly provided in its text.
2.1.1. Offer is this Services document between the Contractor and the Customer, which is concluded by Accepting the Offer. The Offer Agreement is the base document of the relationship between the two parties and is not negotiable. All modifications and amendments shall take the form of appendices and/or addenda to this agreement. The document published on the Internet can be sent for review by e-mail or provided for review by any other means.
2.1.2 Offer Acceptance is the Customer's complete and unconditional acceptance of the terms of this Offer Agreement.
2.1.3. Customer is the service receiver under this agreement.
2.1.4. Service – training of the Customer aimed at transferring knowledge, skills and abilities to the Customer in accordance with the program of the course chosen by the Customer, consisting of video lessons (video recordings), practical trainings and organized information and consulting sessions with feedback (and/or providing their records)
2.1.5. Software is a browser (Internet Explorer, FireFox, Google Chrome and/or similar browsers) for accessing information resources on the Internet and other programs for transmitting, storing and processing the information provided. The Customer undertakes to ensure that the Software is installed on their personal computer.
2.1.6. Webinar is information and consulting services rendered through remote access in the online mode via the Internet. A Webinar can take the form of a video lesson, video or audio livestream, messaging or other forms. The Contractor and Customer can have two-way communication on the webinar topic via a chat or a certain website.
Two-Way Communication is an information and consulting service in the form of a verbal consultation and answers to questions on a certain topic via the Internet.
2.1.7. Curator is an expert, a trainer who has two-way communication with the Customer on the course syllabus.
2.1.8. Website is a collection of information, texts, graphic elements, design, images, photos and videos and other results of intellectual activity, as well as software applications contained in an information system that ensures the availability of such information on the Internet at network addresses: https://school.lanacourse.ru, https://lanainvest.com, as well as other addresses owned by Lana Invest Limited.
2.1.9. Access to the Personal Account is a message sent by the Contractor to the Customer by e-mail, which confirms the conclusion of the Agreement and contains the information the Customer needs in order to receive the Service on the website.
2.2. Each term defined in this section of the Agreement has its meaning regardless of its location in this Agreement. In this Agreement, the words in the singular include the plural and vice versa.
3. Subject of the Offer Agreement
3.1. The subject of this offer is paid training of the Customer by the Contractor in accordance with the course and tariff chosen by the Customer in the manner provided for in this Offer.
3.2. The services are rendered by the Contractor posting educational materials and tasks for the Customer in a closed section of the Website, which are aimed at transferring knowledge and skills according to the course syllabus and the schedule set by the Contractor, written and verbal answers to the Customer's questions and other informational support for the Customer during the educational program.
3.3. The services under this agreement are limited to providing the Customer with information, transferring the Contractor's knowledge and experience in and developing skills so that the Customer could use them without assistance.
3.4. The services under this agreement are rendered by the Contractor remotely via the Internet, through the Software.
3.5. The information contained on the Websites specified in Clause 2.1.8., chats and webinars, does not constitute individual investment advice. This information is not individual investment advice, and the financial instruments or transactions mentioned in it may fail to conform the investor profile and investment objectives (expectations) of the Customer.
4. Services Delivery Period and Procedure for Fixing Different Dates
4.1. The services under this contract are provided within the time limits set specifically for each course according to the rate selected.
4.2 The schedule and content of the educational program are posted on the Website and in its closed section.
4.3. The Customer is entitled to address a written application to the Contractor for rescheduling the services paid hereunder, accompanied by documents confirming the impossibility of receiving the services in the relevant learning group: certificates of hospital stay, natural disasters and other force majeure that prevent the Customer from receiving the services specified herein.
4.3.1. The Contractor is entitled, but shall not be obliged to answer the specified request if the following conditions are met in the aggregate:
- The Customer addressed the application no later than 5 working days from the date of occurrence of the events specified in Clause 4.3.;
- there is a real possibility to put the Customer in the next stream of the educational program.
If the Customer cannot be put in the next stream, the Contractor shall make the refund in accordance with the procedure specified in Clause 8 of this Offer.
4.4. The services under this agreement shall be deemed rendered properly and in a timely manner and accepted by the Customer if the Customer does not file a reasonable objection to the quality and scope of such services by sending the relevant complaints to firstname.lastname@example.org within 3 (three) calendar days after the period specified in Clause 4.1 of this agreement for the relevant service
Complaints, wishes and requests related to education sent in another form are not accepted and are not considered by the Contractor.
4.5. Access to the educational materials of the main course and supplementary materials is retained for the Customer for the period specified for the corresponding plan.
5. Procedures for Services Rendering
5.1. Access to the educational platform is provided by the Contractor within 24 hours after the Customer's payment by sending the login and password for the closed section of the Website to the Customer's email which they specified when purchasing the course. Access to educational materials is given in accordance with the curriculum.
5.2. The closed section of the Website also contains the Course Syllabus, information on the place and schedule of Two-Way Communication, video lesson updates and other course news. Information on individual course news can also be additionally sent to the Customer's email, which they specified when paying for the course.
5.3. The Customer shall independently monitor all updates and changes to the information posted in the closed section of the Website and related to the services hereunder.
5.4. The Contractor renders the services under this contract in accordance with the terms of the course and tariff chosen by the Customer.
5.5. After the end of the training, the Performer stops working of training and other chats (all chats are deleted). In this case, the Customer may be invited be share in other resources of the Contractor.
6. Rights and Obligations of the Parties
6.1. The Contractor undertakes to:
6.1.1. Render the services properly and within the set period.
6.1.2. Keep confidential information received from the Customer when rendering the information and consulting services hereunder.
6.2. The Contractor shall be entitled to:
6.2.1. Change unilaterally the schedule of educational material publication, two-way communication and other consultations without changing the set frequency of their provision and to change and supplement the content of lessons and tasks for the Customer.
6.2.2. Require the Customer to perform their obligations in good faith, respect other course participants and the Contractor personally.
6.2.3. exclude the user from educational and other resources for participating/subscribing to information resources that violate the copyright and other rights of the Performer (participation in" pirate " Channels, chats, websites).
6.2.4. Terminate this agreement unilaterally if the Customer is in a material breach of the terms of this Agreement. That notwithstanding, the money paid by the Customer under this agreement is not refundable and shall be a fine for the Customer's actions. A material breach of the terms of this Agreement shall mean any infringement of the Contractor's copyright.
6.2.5. Block the Customer's participation in Two-Way Communication or commenting video lessons with no right to a refund if they violate the rules of conduct when receiving the services hereunder, namely: rouse ethnic, religious and other conflicts, distract participants from the webinar topic, send spam, create chats with course participants in any messengers, post advertising, send invitations to other chats to students and chat participants, send links to other educational resources, consult the course curators outside the educational platform, use coarse language, behave in a rude way, call to hold the Contractor in distrust, insult the Contractor or other participants of the educational program. The Contractor is entitled to block the participation of the Customer under the terms of this clause temporarily or until the end of the educational program. In this case, no refund is made to the Customer.
6.2.6. Engage third parties in services rendering in accordance with this agreement. That notwithstanding, the Contractor is not responsible for the illegal actions of the third parties, which took place when rendering the services hereunder, but makes every effort to protect the Customer's rights and interests.
6.3. The Customer undertakes:
6.3.1. The Customer shall have a personal computer and other portable (mobile) device with Internet capability, equipped with headphones, a microphone, and installed Software to receive the services hereunder.
6.3.2. To adhere to the schedule of the educational program, the purpose and essence of the assignments of the Contractor, meet the deadlines for homework and follow the recommendations and requirements of the Contractor within the framework of the services hereunder, after selecting a service, accepting this public offer and paying for the information and consulting services in full or in part.
6.3.3. To provide the Contractor with up-to-date information necessary for sending information materials to the Customer and prompt communication with the Customer as part of the services hereunder, namely: the surname and given name, valid email and contact phone number.
6.3.4. To follow the rules of conduct during the lessons with Two-Way Communication and respect the Contractor and other participants of the educational program.
6.3.5. Not to record, distribute (publish, post on Internet websites, copy, transfer or resell to third parties) the information and materials provided by the Contractor for the Customer hereunder for commercial or non-commercial purposes, not to create information products based on it in order to commercialize them and not to use this information otherwise than for personal use.
6.3.6. Not transfer the passwords to the personal account to third parties and protect their confidentiality in the closed section of the Website and in the special Software used by the Contractor to arrange the services hereunder.
6.3.7. Not to change the software part of the Website in any way and not to perform actions aimed at changing the Website functioning and performance.
6.3.8. Not to post personal data of third parties on the Website without their consent, including home addresses, phone numbers, passport details and emails.
6.3.9. Not to post advertising, commercial proposals, agitation materials or any other obtrusive information on the Website unless publishing such information is agreed with the Contractor.
6.4. The Customer shall be entitled to:
6.4.1. Address a written application to the Contractor for rescheduling the services paid hereunder in accordance with the rules, established by this agreement.
7. Cost of Services and Payment Procedure
7.1. The cost of the information and consulting services for the Long-Term Investor and Trading courses is specified on the services sale website and can be changed by the Contractor unilaterally at any time. The new price comes into effect when published and does not apply to the services paid for by the time of publication.
7.2. The Customer pays for the selected service by transferring 100% of the service cost to the Contractor's current account by way of prepayment.
7.3. The receipt of funds on the Contractor's current account shall be deemed as the date of payment.
8. Terms and Procedure for Refund
8.1. Refunds by the Contractor are carried out at the request of the Customer sent to the email address: email@example.com, if the Contractor recognizes the reasons for the return as justified.
8.2. The refund is made after deducting the organizational costs of the Contractor to create an individual account, bank commissions for the transfer of funds and after deducting the cost of lessons, access to which was open to the Customer at the time of receiving the application for a refund by the Contractor, based on the cost set in respect of the service selected by the Customer.
8.3. The decision of refund or rejection of refund is made by the Contractor within 10 (ten) working days from the date of receipt of the Customer's application.
8.4. The money shall be returned to the Customer's account from which the payment for the education was made or to another account specified by the Customer within 14 (fourteen) working days after the decision of refund.
8.5. If the request for a refund is answered, access to the educational materials shall be terminated for the Customer within 1 (one) business day from the date of sending the decision of the relevant refund to the Customer by the Contractor. The said Customer's request for a refund shall also be deemed a retraction of the previously given acceptance specified in Clause 1.2 of this agreement.
8.6. Refunds are considered made from the moment then money are debited from the checking account of the Contractor.
9.1. The Contractor shall not be liable for the inability to render the services to the Customer for reasons beyond the Contractor's control, namely: an Internet outage and a failure of equipment or Software on the part of the Customer. In this case, the services shall be deemed to be properly rendered and shall be paid in full.
9.2. No information, materials and/or consultations provided by the Contractor within the scope of the services hereunder can be considered as guarantees. Decision-making based on all the information provided by the Contractor shall be reserved to the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the performance of its obligations under this Agreement.
9.3. The Contractor does not guarantee absolute regularity of the services hereunder despite the fact that the Contractor takes all possible measures to prevent the aforementioned. In case of poor Internet connection, the stable operation of the Software is not guaranteed. In this case, it may be difficult or impossible to receive the services hereunder.
9.4. The Parties shall not be responsible for non-performance or improper performance of their obligations under this Agreement during force majeure. During this time, the parties shall have no mutual claims, and each of the parties shall assume its own risk of the force majeure consequences. The Contractor is obliged to notify the Customer about the emergence of such events by posting information on the Website and/or sending a message to the e-mail the Customer specified when making the payment, and the Customer is obliged to send the Contractor a letter featuring the words "Force majeure" in the subject line to firstname.lastname@example.org. Force majeure shall mean: fire, flooding, earthquake, strike and other natural disasters, wars, military conflicts, laws, regulations and administrative enactment coming into force and hindering the performance of obligations and forced urgent hospitalization which was duly documented if such events are beyond control of the Parties, hinder the performance of obligations hereunder and take place after the conclusion of this agreement.
If the Customer has no time for the educational program for whatever reasons or due to vacation, business trip, failure to pay for the Internet, failure of the Internet access facility, these events shall not be deemed force majeure.
9.5. The Contractor is not responsible for the level of knowledge reached by the Customer if the latter does not participate in the learning process and does not do homework because of events beyond the Contractor's control.
9.6. The aggregate liability of the Contractor hereunder for any claim or complaint regarding the agreement or its performance shall be limited to the payment made to the Contractor by the Customer. That notwithstanding, only actual damages, but not expectation damages may be laid at the Contractor.
10. Personal Data and Its Use
10.1. The Customer gives their consent for the Contractor to process their personal data, provided when purchasing the educational course hereunder, without limit in time and during the studies.
10.2. The processing of personal data means recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer to third parties (distribution, placing at their disposal, access), including cross-border transfer to third parties, depersonalization, blocking, deletion, destruction of personal data which do not belong to the special categories that require the Customer's written consent to processing according.
10.3. Personal data are processed for the purpose of fulfilling the Contractor's obligations hereunder, providing the Customer with two-way communication when using the Website, educational programs, video courses and for sending information and advertising to the email specified by the Customer upon registration (Clause 10.5 of this agreement). In addition, personal data are processed to improve the Contractor's services using the analysis of the said information and to detect, prevent, mitigate and investigate fraud or illegal actions towards the Website and the educational program as the Contractor's intellectual property.
10.4. The Customer may withdraw the consent to personal data processing at any time by sending the Contractor a corresponding notification to the address: email@example.com. In this case, the Customer understands and acknowledges that withdrawal of consent for personal data processing may require the Contractor to delete any information concerning the Customer's participation in the educational program, including the Customer's account in the closed section of the Website and terminate the access to the materials of the course purchased.
10.5. The Customer agrees to receive newsletters and advertising materials from the Contractor or from other persons on behalf of the Contractor via the email and contact phone number the Customer specified when registering on the Website. The Customer may withdraw the consent to receive newsletters and advertising materials at any time by sending the Contractor a corresponding notification to the address: firstname.lastname@example.org.
10.6. The Customer gives their consent for the Contractor to use their image as the Customer's photo (user picture) for free.
11. Copyright Protection
11.1. All educational materials, including video lessons, chat content, comments and responses from curators and other information contained on the website are intellectual property, and all rights to these materials belong to the Contractor.
11.2. By using the Website, the Customer acknowledges and agrees that all the content of the Website and its structure are copyrighted and protected under trademark rights and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in relation to all now known or hereafter invented technologies. No rights to any content of the Website, including, but not limited to audiovisual works, texts, graphic materials, computer programs and trademarks, shall be assigned to the Customer as a result of using the Website and concluding this agreement.
11.3. When quoting the materials of the Website, the Customer shall provide a link to the Website if this is included in the Website intended functions.
11.4. For violation of the Contractor's copyright, whether it is copying, transferring recordings to third parties, providing third parties with access to video lessons and any other copying and/or distribution of educational material, the Contractor pays compensation in the amount of 5,000 (five thousand) euros for each fact of such violation
12. Final Provisions
12.1. This Contract shall take effect when the Customer accepts the Offer in accordance with Clause 1.3. of the agreement and shall remain in force until complete fulfilment of obligations by the Parties.
12.2. All disputes and differences between the Parties shall be resolved by negotiation or in court in accordance with applicable laws.
12.3. If the Customer violates the provisions hereof, inaction on the part of the Contractor shall not deprive the Contractor of the right to take appropriate actions later in order to protect its interests and intellectual property rights to the Website materials protected under the law.
12.4. If the court renders any provision of this agreement invalid or unenforceable, this shall not entail invalidity of the other provisions.
12.5. The content of the site links https://lanainvest.com the documents describing the rates and tariffs, as well as the conditions and procedure for the refund of funds, are an integral part of this agreement.
13. Details of the Contractor
Lana Invest Limited
5, Office 2, Spinola Residence, Spinola Road, St. Julian’s STJ 3012, Malta
Registration number C99044