Pogoji / Določila

Investment Education and Consulting Agreement

This Agreement applies to Enlightened Business UAB, registered in Lithuania under registered number: ..., hereinafter referred to as "Company", operating also under the brand name Obilje. For all purposes of this Agreement, the term "Company" shall represent and include both Enlightened Business UAB and Obilje brand. By using the services, accessing the content provided on this website or engaging with any content or services made available by the Company through any other platform or medium, you the user, acknowledge and agree to be bound by the terms of this agreement.

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Ta Sporazum se nanaša na Enlightened Business UAB, podjetje registrirano v Litvim pod registrsko številko: ..., v nadaljevanju imenovano "Podjetje", ki deluje tudi pod blagovno znamko Obilje. Za vse namene tega Sporazuma izraz "Podjetje" predstavlja in vključuje tako Enlightened Business UAB kakor tudi blagovno znamko Obilje.

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1. Subject of the Agreement

The Company will provide the Client with general education and information about abundance and investing, including, but not limited to, stocks, ETFs, cryptocurrencies, gold, silver, diamonds, REITs (Real Estate Investment Trusts), real estate investments, artworks, bonds, stablecoins, and savings accounts with interest. These services are strictly informational and do not constitute official financial or investment advice. The Client may request information on specific asset classes or opt to receive general information covering all the areas mentioned above.

2. Non-Financial Advice Clause

The Client acknowledges that the Company is not a licensed financial advisor, and that the information provided during the education and consultation sessions is purely educational and informational in nature. The Company does not provide financial, investment, or tax advice, and the information shared should not be construed as such. The Client understands that any investment decisions they make are solely their responsibility, made independently, and at their own risk. The Client further acknowledges that the Company shall not be held liable for any financial losses, damages, or consequences resulting from the Client’s decisions or actions based on the information provided during the session. The Company does not guarantee the success or performance of any investments discussed.

Shorter version: The Client acknowledges that the Company is not a licensed financial advisor, and the information provided by the Company does not constitute financial or investment advice. All investment decisions are made independently by the Client and at their own risk. The Company shall not be held liable for the outcomes of any such decisions.

3. Assistance with Account Setup

The Company may assist the Client in setting up accounts with various intermediaries, including but not limited to:

• Stockbrokers
• Cryptocurrency Exchanges and Custodians

• Digital Wallet Service Providers
• Precious Metals Dealers
• Commodity Brokers
• Dealers in Precious Gemstones
• Real Estate Brokers
• Artwork Brokers
• Banks
 

The Company reserves the right to provide support and guidance to the Client in the process of opening accounts with suitable intermediaries, based on the Client’s interests. Such assistance is purely educational and informational in nature and does not constitute official financial or investment advice. The Client acknowledges that they are solely responsible for the selection and use of intermediaries, and the Company shall not be held liable for any outcomes or decisions related to these choices.

4. Limitation of Liability

The Company shall not be held liable for any financial losses or gains incurred by the Client as a result of the information provided. The Client acknowledges that all investments carry inherent risks, and that any investment decisions made based on the information provided are done so at the Client’s sole discretion and risk. The Client assumes full responsibility for any actions, decisions, and consequences related to their investments, and the the Company disclaims any liability for any direct or indirect financial outcomes.

5. Payment Terms

The Client agrees to pay the Company a mutually agreed-upon fee for the services provided. Payment will be made to the Company’s designated bank account or by another method agreed upon between the parties.

The fees for the services provided are outlined in the Company’s general pricing structure, which is available upon request or as part of the service proposal provided to the Client. The Client agrees to pay the fees as specified in the Company’s pricing structure, which is subject to change. If there is any change, it will be communicated to the Client prior to the commencement of services.

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6. Responsibility Statements

• Payment and Tax Obligations:
The Client agrees to make payments as instructed by the Company. The Company is solely responsible for reporting its income and fulfilling all tax obligations in compliance with the laws of the Republic of Slovenia.

• Legal Implications:
The Client acknowledges that the Company does not provide licensed financial or investment advice as per Slovenian law. Clients are encouraged to consult certified financial advisors or other licensed professionals for official financial decisions.

• Investment Risk:
The Client understands that all investments inherently carry risks, and past performance is not indicative of future results. The Company does not guarantee any specific investment outcomes or returns.

7. GDPR Compliance and Data Protection

The Company commits to carefully handling all personal data of the Client in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR). In the event that the data is shared with third parties, it will be done in a legally compliant manner and in accordance with applicable regulations.

Both parties agree to comply with the General Data Protection Regulation (GDPR).

a) Data Processing:

• The Company commits to processing the Client's personal data in accordance with the GDPR.
• Personal data will be collected, processed, and stored for the purpose of providing educational advice, determining educational fees, and promotions.

b) Consent and Rights:

• The Client consents to the collection and processing of their personal data as outlined in this agreement.
• The Client has the right to access, correct, or request the deletion of their personal data, except for data that the Company is required to retain based on legal or contractual obligations, such as accounting and business requirements.
• The Client may withdraw their consent for the processing of personal data at any time by contacting the Company, with the understanding that the withdrawal does not affect the Company's obligation to retain certain data in accordance with the law or legitimate business interests.

c) Data Retention and Security:

• The Company will retain personal data for as long as necessary to fulfill the purposes of this agreement and to comply with legal obligations. • The Company will implement appropriate security measures to protect personal data from unauthorized access or breaches.

d) Third-Party Data Processors:

• If third-party data processors are involved, the Data Processing Agreement will ensure compliance with the GDPR, and these third parties will adhere to the same data protection standards.

e) Data Protection Contact:

• The Client may contact the Company for any questions related to data protection at [Company's contact details].

8. Confidentiality

Both parties agree to maintain the confidentiality of all sensitive information exchanged during the course of investment education sessions.

9. Force Majeure

Neither party shall be held liable for failure or delay in fulfilling obligations under this Agreement due to events beyond their reasonable control, including but not limited to natural disasters, wars, terrorist acts, strikes, government regulations, or other unforeseen circumstances ("Force Majeure"). The affected party must notify the other party promptly and take reasonable steps to mitigate the effects of such events.

10. Refunds / Termination

The client may request termination of the Agreement by notifying the company. However, the client acknowledges that no refund will be provided for any amounts already paid, except in cases of exceptional circumstances such as health or family issues, as determined by the company at its discretion.

11. Acknowledgment of Risks and Warranty Clause

The Client acknowledges that all investments involve inherent risks, including the potential loss of some or all invested funds. The Client further understands that past performance is not indicative of future results. The Company does not guarantee any specific returns and shall not be held responsible for any financial losses incurred, nor for any decisions made based on the information provided during the educational sessions.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with Lithuanian law. In the event of any disputes arising from the services provided or the termination of this Agreement, the parties agree to initially attempt resolution through mutual discussions in good faith - Negotiation. If a resolution cannot be reached through Negotiation, the dispute shall be resolved through binding mediation in Lithuania, and the decision of the mediator shall be final and binding on both parties.

Mediation Process:

1. The parties will jointly appoint a neutral, qualified mediator. If the parties cannot agree on a mediator within 14 days from the request for mediation, either party may request the Lithuanian Mediation Association or another recognized mediation body to appoint a mediator.

2. Mediation shall take place in Lihtuania. The mediator will facilitate discussions between the parties and assist them in reaching a mutually acceptable resolution. All discussions during mediation shall be confidential and cannot be used in any subsequent court proceedings.

3. Finality of Mediation: The parties acknowledge that the outcome of the mediation will be final and binding, and there will be no further legal proceedings or actions required by either party unless agreed to by both parties in writing.

Costs of Mediation: The client shall cover all costs associated with the mediation process, including but not limited to the mediator's fees, administrative expenses, and any other costs incurred by the company due to the initiation of the mediation process by the client.

14. Client Acknowledgment

By signing this Agreement, the Client confirms that they have read, understood, and agreed to all the terms and conditions set forth herein. The Client acknowledges that they are signing this Agreement voluntarily and with full awareness of its contents and implications.