PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS THE USER’S LEGAL RIGHTS.
Last updated October 1, 2022
These Terms and Conditions (hereinafter – “Terms”),
For these Terms:
(i) “Website” means the Company’s web platform for the User’s mobile devices or computers which can be used through a browser without downloading, under the name (domain) of https://birel.io/ and it is not affiliated with any other websites, company, brand, organisation, or similarly named entity resembling it.
(ii) “Online Service or Service” means the Company’s products and services that are publicly available in a full version on the Website after registration. Service includes the following: a P2P platform that allows the shareholders to find a demand for their assets before a liquidity event, and the investors to purchase the shares in high-demand assets.
(iii) “User” means any person who visits the Company’s Website and uses the Company’s Online Services and has a registered account on the Website.
(iv) “Company” means name of the Company: Birel OÜ, registered number: 16264652, with its principal place of business: Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152.
1.1. By agreeing to these Terms, you represent and warrant to us:
(i) that your age is at least fourteen (18) years old; all users under this age must obtain parental consent to use the Website and make payments for the Service;
(ii) that your use of the Website and the Service complies with applicable laws and regulations;
(iii) if the User uses the Services, it means that the User agrees with these Terms;
2. LICENCE GRANT TO THE COMPANY
2.1. By providing information, including personal information (hereinafter – “Files”)
to the Company through the Website, the User approves the processing of these Files by the Company.
2.2. The Company guarantees that all Files will be used only for data processing purposes by the Company and any third party would not have any access to the User’s Files without additional permission of the User.
3. INFRINGEMENT AND ABUSE
3.1. The Company is not responsible for the accuracy of the User's materials that are provided to
Company and that the User uses.
3.2. The Company does not check the Files for the User’s ownership based on the peculiarities of data processing by the Online Service.
3.3. The exchange of contact information between any users (including e-mail, skype id, telephone numbers, etc.) for communication outside the Website is forbidden.
4. TERMINATION OF USE, DISCONTINUATION AND MODIFICATION/UPGRADING OF THE WEBSITE AND THE SERVICES
4.1. The Company has the right to modify/upgrade or discontinue the Website and/or Service at any
time (including, without limitation, by limiting or discontinuing certain features of the Website
and/or Service) without notice to the User.
4.2. The Company doesn’t have any liability whatsoever on account of any change to the Website and/or Online Service or any suspension or termination of your access to or use of the Website and/or Online Service.
5. THIRD-PARTY’S LINKS
5.1. The Website and Service may contain links to third party web sources. Such linked websites are not under our control, and we are not responsible for their content.
6. OWNERSHIP; PROPRIETARY RIGHTS OF THE COMPANY
6.1. The visual interfaces, graphics, design, compilation, information, data, computer code
(including source code or object code), products, software, services, and all other elements or
files of the Website and Service (hereinafter – “the Materials”) provided by the
protected by all relevant intellectual property and proprietary rights and applicable laws.
6.2. All Materials contained on the Website and Online Service are the property of the Company or the Company’s third-party licensors.
6.3. If the Website contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of the Company and the Company doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Website according to the procedures defined in the Digital Millennium Copyright Act (hereinafter referred as to – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter referred as to – “EUCD”).
6.4. The Company doesn’t claim to be the owners or representatives of the trademarks, brands and intellectual properties of other sides remain the property of the original copyright owners.
6.5. Except as expressly authorized by the Company in writing, the User may not make use of the Materials.
6.6. The Company reserves all rights to the Materials not granted expressly in these Terms.
7. PROHIBITED USES
7.1. As a condition of the User’s use of the Website, the User will not use the Website for any
purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner
that could damage, disable, overburden, disrupt or impair any of the Company’s servers or APIs, any
networks connected to any of the Company’s servers or APIs, or that could interfere with any other
party's use and enjoyment of the Website.
7.2. The User may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the Website.
7.3. The User may not exceed or circumvent, or try to exceed or circumvent, limitations on the Website Service, including on any API calls, or otherwise use the Website or Online Service in a manner that violates any of the Company’s documentation or user manuals.
7.4. The User and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
7.5. The User and/or any other third parties may not use the Website in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD.
8.1. The User agrees to be responsible for using the Website and Service, and the User agrees to
defend, indemnify, and hold harmless the Company and its officers, directors, employees,
consultants, affiliates, subsidiaries, and agents (hereinafter collectively, “the Company’s
from and against any claims, liabilities, damages, losses, and expenses, including reasonable
attorneys' fees and costs, arising out of or in any way connected with
(i) the User’s access to, use of, or alleged use of the Website and Service;
(ii) the User’s violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
(iii) the User’s violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iv) any disputes or issues between the User and any third party. The Company reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User (and without limiting your indemnification obligations concerning such matter), and in such case, the User agrees to cooperate with our defence of such claim.
9. DISCLAIMERS, NO WARRANTIES
9.1. The Website and Service are made available to you on an “as is” and “as available” basis, with
the express understanding that the Company have no obligation to monitor, control, or vet the
content or data appearing on the Website.
9.2. The User uses the Website and provides Service at their discretion and risk.
9.3. The Company make no claims or promises about the quality, accuracy, or reliability of the Website and the Service and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.4. The process by which the Service will be carried out differs depending on the location of the trip, the scope of the Services and other important circumstances for this type of the Services.
9.5. The Company and the Company’s Entity don’t offer and provide any physical products or property.
9.6. The Company can give no assurance or warranty regarding the accuracy, currency, or applicability of any of the content in relation to specific situations, products, or circumstances. The User is responsible for decisions made based on the information contained on the Website.
9.7. The User using the Website confirms that the User assumes all liability for all investments risks, and confirms that the User is a qualified investor.
10. LIMITATION OF LIABILITY
10.1. In any case will the Company not be liable to the User or any third party for any direct,
indirect, incidental, special, consequential, or punitive damages arising out of or relating to the
User’s access to or use of, or the User’s inability to access or use the Website and the Service or
any materials or content in the Website, whether based on warranty, contract, tort (including
negligence), statute, or any other legal theory, whether or not the Company have been informed about
of the possibility of such damage.
10.2. The Company in any case is not responsible for the Services that are provided to the User by the third party who placed advertise on the Website or who prosed their service during the trip.
10.3. All risks related to the User’s leakage of information are not a part of the Company’s responsibility if the Company is not a processor of this information and the data leak was not their fault.
10.4. The User understands that the Company is not responsible for the User’s expectations, from the Services, which do not correspond to reality and do not depend on the will of the Company.
10.5. All names of the Services and descriptions may not be accurate and do not fully reflect the type of the Services. All names and descriptions of the Services are used only for comfort and approximate description of the essence of the Services.
11. GOVERNING LAW
11.1 These Terms will be governed by the laws of Estonia without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, the User and the Company agree to submit to the personal and exclusive jurisdiction of the state courts located within Estonia to litigating all such disputes.
12. CHANGES TO THESE TERMS
12.1. The Company reserves the right to make modifications to these Terms at any time. Revised
versions of these Terms will be posted on the Website. Unless otherwise specified, any modifications
to the Terms will take effect the day they are posted to the Website.
12.1.1. The Company is not obliged to inform the User about changes in these Terms.
12.2. If the User does not agree with the revised Terms, the User’s sole and exclusive remedy will be to discontinue your use of the Website and the Services.
by reference herein, constitute the entire and exclusive understanding and agreement between the
User and the Company regarding the User’s use of and access to the Website.
13.2. Use of section headers in these Terms and in the Services is for convenience only and will not have any impact on the interpretation of provisions.
13.3. The User has no rights to assign or transfer these Terms or the User’s rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent.
13.4. The Company has the right to assign these Terms at any time without notice.
13.5. The failure to require performance of any provision will not affect the Company’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
13.6. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
13.7. The User acknowledges that the Website is not intended to be technology protection measures that will help the User comply with the GDPR and CCPA.
13.8. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Section 2 and Sections 6, 7 and 8 through 13 of these Terms.
14. COMMUNICATION AND NOTIFICATIONS
14.1. The entire communication with us is electronic. Every time the User sends to the Company an
email or visits the Company’s Website and uses the Services, the User will be communicating with the
14.2. The User hereby consents to receive communications from the Company.
14.3. If the User subscribes to the news on the Website, you are going to receive regular emails from the Company.
14.4. We will continue to communicate with the User by providing notifications through the Website or posting news on our social media.
14.5. The User also agrees that all notices, disclosures, agreements, and other communications we provide electronically meet the legal requirements that such communications be in writing.
14.6. The User agrees to receive any notifications through the Website on the User’s Device.
14.7. The User can contact us for support via email at email@example.com.
14.7.1. Using support service, the User understands that it is a transfer of the part of his personal data and fully agrees to share his personal email with the Company for further processing.
15. PAYMENTS, SUBSCRIPTIONS
15.1. The Website doesn’t have the subscription or payments for use. The User has the right to use
the Website and the Services for free.
15.2. The Company has the right to improve payments and subscription periods and restrict or delete the User who wouldn’t agree with subscriptions or payments.
16. THE USER’S ACCOUNT
16.1. The User could create an account on the Website using email, password, username, and country
or through a third-party social platform such as LinkedIn.
16.2. The User is responsible for all activities that occur under the User’s account.
16.3. The Company reserves all rights to terminate accounts, edit or remove content and cancel orders at sole discretion.
16.4. The Company has the right to have access to any information placed on the Website, including any conversation and data in the User’s account.
17. MARKETS TERMS
17.1. The Company grants the User not limited, non-exclusive, non-transferable, non-sublicensable license to use the Website on your Device that the User owns or controls. The Company reserves all rights in and to the Website not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Website; (ii) distribute, transfer, sublicense, lease, lend or rent the User’s account on the Website to any third party; (iii) reverse engineer, decompile or disassemble the Website; or (iv) make the functionality of the Website available to multiple users through any means.
18. OTHER CONDITIONS
18.1. If there is a conflict between these Terms and additional terms applicable to a given Website,
the additional special terms will control that conflict.
18.2. If the User does not agree to these Terms, the User must not access or use the Company’s Website or the Service.
18.3. The Company provides Services to the User, which are subject to the conditions stated in these Terms. Every time the User visits/uses the Website using its Service or makes a purchase, the User accepts all these conditions.
18.4. The User has the right to create a proposal or order and sell or/and buy shares, and interests on the Website.
18.5. The Users have the right to communicate on the Website and decided all the necessary points for share transfers.