Effective from 27.04.2023
These Terms of Use (hereinafter referred to as the Terms) govern your use (hereinafter referred to as You or the User) of the DavisFinance website, including the content of all its sections (hereinafter referred to as the Website), as well as the services offered via the Website.
The Website is owned and operated by DavisFinance OÜ, a private limited company incorporated under the laws of Estonia, with registration code: 16523295 (hereinafter referred to as the DavisFinance or Us).
By accessing the Website, using it, contacting DavisFinance, clicking “I agree to the Privacy Policy and Terms of Use of the website” You acknowledge that You have read, understood and agree to these Terms. If You cannot read, understand the Terms or if You disagree with the Terms, You must stop using the Website.
You agree that communications between DavisFinance and You will take place by electronic means, such as email or the Internet, and that the electronic Terms of Use are having the same legal force as a signed paper agreement would have.
Hereinafter also DavisFinance and User referred to as a/the Party or jointly as the Parties
1.1.1. Only Users who have reached the age of majority have the right to use the Website. For the purposes of these Terms, the age of majority means the User reaching the age of eighteen (18) years or another age from which, according to the law applicable to an individual, full legal capacity begins, allowing the User to independently enter into legally significant agreements, including these Terms, and be bound by such agreements.
1.1.2. Users who have not reached the age of majority, as well as adult Users with limited legal capacity, do not have the right to use the Website and are obliged to immediately leave the Website and stop using it until they reach the age of majority or restore full legal capacity or represented by lawful representative.
1.2.1. The use of the Website for and on behalf of a legal entity is carried out by an individual authorized to represent and perform legal actions on behalf of a legal entity. Such an individual is subject to all the requirements provided for individuals in clauses 1.1.1-1.1.2 of these Terms.
1.2.2. The legal entity on whose behalf the use of the Website is made must be established and act in accordance with and in accordance with the law applicable to such legal entity, must not be in the process of liquidation, bankruptcy or restructuring, the use of the Website must not violate the constituent documents of the legal entity. Otherwise, the person acting for and on behalf of the legal entity must immediately leave the Website and cease its further use.
2.1. DavisFinance offers a variety of financial consulting services. The conditions for the provision of services to Users are determined by these Terms together with the Agreement for the provision of services concluded later with a specific User.
2.2. By using the Services, you should be aware and understand the risks associated with financial markets. You should carefully consider whether the Services provided by DavisFinance are suitable for you.
2.3. You can order DavisFinance service by way of either:
(a) filling the contact form placed on the Website, by providing your name, e-mail address and text of the request; or
(b) sending an inquiry to the DavisFinance e-mail address indicated on Website in contacts section; or
(c) calling by phone number indicated on Website in contacts section.
2.4. DavisFinace will consider your order of the services within reasonable time and provide with a price offer. By way of accepting the price offer You acknowledge that service Agreement will be entered between You and DavisFinance, setting the particular service, conditions and pricing.
3.1. All intellectual property rights in relation to any objects of intellectual property rights posted on the Website belong to the DavisFinance. The objects of intellectual property rights include, but are not limited to, graphic materials, images, audio and video materials, the design of the Website, computer programs and code, the text design of the Website, other components of the Website, logos, trademarks, trade name, domain whether they are registered and/or subject to registration.
3.2. DavisFinance grants Users (who do not violate and act in accordance with these Terms) a non-exclusive and limited right to use the objects of intellectual property rights posted on the Website.
3.3. In particular, Users are prohibited from selling, copying, reproducing, distributing, publicly displaying and otherwise disposing of any materials contained on the Website for the purpose of obtaining commercial benefits, and it is also prohibited to use the Website materials in a way that may harm the Website, the DavisFinance and / or its employees, Users, third parties.
4.1. You agree that the DavisFinance collects, processes and uses Users' personal data in accordance with the rules set out in our Privacy Policy. You can learn more about your personal data collection here: https://davisfinanceou.com/privacy-policy.html
4.2. Your personal data provided to the DavisFinance is confidential and protected by us.
4.3. DavisFinance, in cases where the law requires it, as well as in other cases specified in the Privacy Policy, has the right to disclose or transfer the User's personal data.
5.1.1. The services and materials of the Website are offered to the User "as is", "with all faults" and "to the best of our ability", and the DavisFinance refuses, and you accept the disclaimer of any other warranties, express or implied, including, without limitation, warranties of commercial suitability, fitness for a particular purpose, non-infringement and other warranties.
5.1.2. In particular, the DavisFinance does not represent or warrant that the Website Services and materials are complete, accurate, reliable or safe, of a certain quality, suitable for your intended activity, devices, operating systems, browsers, software or tools, compatible with them and will remain compatible in the future, or that they will not contain viruses, software bugs and other harmful components and software restrictions, and that they comply with the law, which applies to the User.
5.1.3. Any materials, information, estimates presented on the Website are provided for informational purposes only and are subject to change without notice. You shall independently evaluate the relevance, accuracy, completeness and reliability of materials, information, estimates presented on the Website.
5.1.4. Notwithstanding the foregoing, DavisFinance, guided in its work by the principle of good faith, takes reasonable steps to maintain the Website and verify the materials presented on the Website. Nothing contained in this paragraph constitutes a warranty, express or implied.
5.2.1. In accordance with these Terms, DavisFinance and/or its employees, founders, shareholders, partners, to the extent permitted by applicable law, are not responsible for any direct or indirect damage incurred by the User and/or third parties as a result of:
(a) any inaccuracy, error or misrepresentation of the materials presented on the Website;
(b) any error, delay in transmission, interruption in the exchange of data;
(c) regular or unscheduled maintenance of the Website or changes resulting from such maintenance;
(d) actions, including illegal ones, of other Users or third parties;
(e) violation of these Terms by Users or third parties;
(f) any unauthorized access to or use of our secure servers and/or any personal information stored therein;
(g) loss of profits or expected income;
(h) damage or loss of goodwill;
(i) lost opportunities, loss of customers or damage to business relationships;
(j) force majeure, which is understood as circumstances that arose against the will and desire of DavisFinance that could not be foreseen or avoided, including, but not limited to, unplanned failures of the Internet or equipment, unplanned power outages, war, civil unrest, epidemics, earthquakes, floods, fires and other natural disasters, actions of state or municipal authorities.
5.3.1. Regardless of the type of damage, the total liability of the DavisFinance in relation to any User does not exceed the amount of payments for the last twelve (12) months paid by the User in favor of the DavisFinance under any service agreements concluded in accordance with this Terms. The amount of payments is determined at the time of the actions or disclosure of the circumstances that led to the claim or lawsuit against the DavisFinance.
5.3.2. In the absence of any payments made by the User in favor of the DavisFinance, the total amount of liability of the DavisFinance in relation to any User does not exceed the amount of 1,000 euros.
5.4.1. The User undertakes to compensate DavisFinance and/or its employees, partners, agents for all losses, damages incurred by them as a result of:
(a) violation by the User of the provisions set forth in these Terms and/or the provisions set forth in the agreement for the provision of services concluded with the User;
(b) the DavisFinance's compliance with these Terms and/or the service agreement concluded with the User, as well as the actions taken by the DavisFinance in pursuance of these Terms and/or the service agreement concluded with the User;
(c) violation by the User of the rights of third parties during the use of the Website or services;
(d) violation by the User of the law applicable to the User or the law applicable to these Terms while using the Website or services.
5.4.2. Similarly, the User undertakes to indemnify DavisFinance and/or its employees, partners, agents from any kind of claims, demands, lawsuits, investigations, liability arising, occurring or incurred by them in the cases specified in clause 5.4.1 of these Terms.
5.4.3. DavisFinance, at its own discretion, determines the procedure and conditions for compensation by the User to DavisFinance and/or its employees, partners, agents for losses or damage that have arisen in cases provided for in subsection 5.4 of the Terms. In particular, DavisFinance has the right to determine the procedure and conditions under which pre-trial settlement of the dispute will be carried out by the User or determine another procedure.
6.1.1. These Terms have been drawn up in accordance with and are subject to the laws of the Republic of Estonia, which is the applicable law for the purpose of these Terms. Any legal relationship arising out of the Terms shall be governed by the applicable law.
6.1.2 DavisFinance and You agree to be subject to the exclusive jurisdiction of the courts of the Republic of Estonia, which means that any kind of claims, lawsuits, disputes are subject to consideration by the competent courts of the Republic of Estonia.
6.2.1. You agree that the dispute arising between the User and DavisFinance arising out of or in connection with the Terms is subject to preliminary settlement through negotiations. If a dispute cannot be resolved by way of negotiations between the Parties, the Parties have the right to refer the dispute to a county court for resolution in accordance with the legislation in force in the Republic of Estonia.
6.2.2. The limitation period for any kind of claims, lawsuits initiated on the basis of these Terms and/or the Agreement for the provision of services is three years from the moment when the User or DavisFinance gets the right to demand the fulfillment of the relevant obligation, unless another limitation period is provided by the General Part the Law on the Civil Code of the Republic of Estonia (Tsiviilseadustiku üldosa seadus) for a separate category of claims or claims.
6.3.1. DavisFinance has the right to unilaterally and at its own discretion to revise, supplement, or in any other way change these Terms. The corresponding changes come into force from the moment the updated (modified) version of the Terms is published on the Website. DavisFinance may inform the User at the provided e-mail address about changes or additions to the Terms.
6.3.2. The User is obliged to immediately stop using the Website in case of disagreement with the changes to the Terms.
6.4.1. The User agrees to communicate and send/receive notifications via the DavisFinance phone or e-mail specified on the Website.
6.4.2. DavisFinance will communicate with the User using the contacts provided by You when reaching out DavisFinance or by the contacts established in the Agreement for provision of services.
6.4.3. The User should inform immediately DavisFinance about the changes of the User’s contact details and provide the new relevant data.
6.5.1. Section headings and subsection titles are used in the text of these Terms solely for convenience and structuring information and do not affect the interpretation of the relevant sections and provisions contained therein, do not define or explain their content, and are not legally binding.
6.5.2. Generalizing words, terms used in the text of the Terms do not have a limited meaning to subsequent specific examples or other words when such examples or words are introduced into the text after the expressions “including”, “in particular” or any other similar expressions. Such examples serve for clarity and should be interpreted as one of the possible meanings of a generalizing word, term.
6.5.3. These Terms are made in English and may be translated into other languages for the convenience of Users. In case of inaccuracies or discrepancies between the translation of the Terms into another language and the original Terms in English, the Terms in English shall prevail.
Any communications, notifications sent by DavisFinance, information posted on the Website should not be considered and interpreted as investment or legal advice You are solely responsible for determining whether certain expenses made within the framework of the services provided are suitable for you, as well as independently assessing the risks associated with the services and your financial situation.
The User is solely and completely responsible for the determination and proper fulfillment of their tax obligations, if any. Under no circumstances does DavisFinance withhold, collect, calculate the amounts of tax liabilities for or on behalf of the User, and does not provide any reporting on the amounts of the User's tax liabilities.
These Terms, including the documents to which these Terms refer, represent the complete and final understanding between the User and DavisFinance regarding the terms of use of the Website and services, and also cancel and replace any kind of promises, oral or written agreements, previous editions of the Terms.
In the event that any clause of these Terms is recognized by the court as invalid, wholly or partially unenforceable in accordance with the requirements of the applicable law, such clause is separated from the remaining clauses of these Terms and loses its legal force. Recognition of a separate clause as invalid or unenforceable does not entail the recognition of the invalidity or unenforceability of all the Terms, and all other clauses of the Terms remain in full legal force.
6.10.1. The Terms shall enter into force from the date of accepting the Terms by Users and shall continue for an unspecified term, unless otherwise agreed by the parties.
6.10.2. The Terms with an unspecified term may be cancelled by either DavisFinance or the User by giving at least 14 day’s notice unless parties have agreed a different term.
6.10.3. The Davisfinance shall have the right to cancel the Terms in whole or in part for good cause without notice. Good cause may be the User’s breach of the Terms or Service agreement, failure to pay the invoices of DavisFinance by the due date or failure to accept a change in the contractually agreed cost of work / hourly rates, failure to provide inputs required for the engagement by the due date, failure to comply with contractual terms and conditions and/or deadlines etc.
6.10.4. Upon cancellation of the Terms, the User shall immediately pay DavisFinance for all work performed prior to the cancellation of the Terms.
In the event of termination of these Terms, termination of the Agreement for the provision of services, some clauses of these Terms shall remain in force after the termination. In particular, clauses that by their nature survive termination, such as intellectual property, liability, applicable law and jurisdiction, and dispute resolution, will remain in force.
6.12.1. Access to the Website may deteriorate, slow down or be interrupted for some time during periods of significant load on the Website or for other technical reasons beyond the control of DavisFinance, in particular, failures on the Internet. As a result, you may temporarily experience limited access to the Website, delay in the response from the customer support of DavisFinance.
6.12.2. DavisFinance shall not be liable for any direct, indirect damage suffered by the User and/or third parties as a result of deterioration, slowdown or interruption in the operation of the Website described in the previous clause of the Terms.