General Terms And Conditions
Of
90-Days TBN Prop Firm Challenge Program
- 1. Introduction
- 2. DEFINITIONS
- 3. terms of the Program
- 4. CONDITIONN TO BECOME A TRADER IN A TRIAL CHALLENGE
- 5. PARTICIPATION IN TRIAL CHALLENGE
- 6. BENEFIT
- 7. DATABASE
- 8. INTELLECTUAL PROPERTY
- 9. DISPUTES
- 10. CONFIDENTIALITY
- 11. TRADER’S REPRESENTATIONS AND WARRANTIES
- 12. LIMITATION OF LIABILITY
- 13. DISCLAIMERS
- 14. PERSONAL DATA
- 15. FINAL PROVISIONS
1. INTRODUCTION
1.1. THEBIRBNEST OÜ, a company established under the laws of
Estonia with its registered office in Tallinn, address: Harju maakond, Tallinn, Nõmme
linnaosa, Rännaku pst 12, 10917, entered in the register of enterprises kept by the
Registration Department of Tartu County Court, under the No.: 16514534, tax ID number (VAT):
EE102512328 (hereinafter: “TBN” ) is a corporation
established under the laws of Estonia inviting traders to participate in a program dedicated
to traders to select the most outstanding individuals (hereinafter:
“Program”
) under conditions specified in these Terms.
1.2. These Terms constitute a binding and enforceable agreement between the Trader and
TBN. The Trader is obligated to familiarize with and agree to be bound by these Terms when
participating in the Program with TBN. If the Trader does not agree to these Terms, he/she
is not authorized to participate in the Program.
1.3. The Program is dedicated both to individuals who are natural persons performing
legal actions with TBN, which are not directly connected with his/her professional or
business activity and to entrepreneurs that have legal capacity to form a binding agreement
under the terms and conditions specified in these Terms.
1.4. These Terms state terms and conditions of the Program. The principles of
cooperation between TBN and the Selected Traders are not covered in these Terms.
2. DEFINITIONS
2.1. The following definitions apply in this Terms:
shall mean an agreement signed between a Selected Trader and TBN on further
cooperation after the Trial Challenge, shall mean an Anti-Money Laundering and Terrorist Financing procedure, that provides a
record of the specific actions taken in the context of prevention of money laundering
and terrorist financing, as defined in Section 6.1. hereof, shall mean a candidate interested in participating in the Trial Challenge. An
individual becomes the Candidate the moment he/she informs TBN that he/she is
interested to fill in the Trader Questionnaire in accordance with Section 4.1. hereof, shall mean elements listed in Section 5.8 hereof, shall mean the medium (either e-mail, Discord, other social media accounts or the TBN
website) used by TBN and Traders to communicate regarding matters specified in these
Terms, shall mean statute, law, ordinance, rule or regulation issued by a government body or
its administrative agencies or the order of any court of competent jurisdiction, shall mean any country or territory that has been designated as non-cooperative with
international anti-money laundering principles or procedures by an intergovernmental
group or organization, such as the Financial Action Task Force on Money Laundering, shall mean a trader participating in the Trial Challenge, shall mean privacy policy available at here. as defined in Section 1.1. of the Terms, shall mean any country or jurisdiction (such as the United States of America,
including its territories and dependencies) in which, conducting any activity related
to virtual assets (e.g. cryptocurrency) is prohibited or restricted, under the
applicable law, shall mean a Trader selected from among the Traders participating in the Trial
Challenge to whom further cooperation is offered by TBN, shall mean Stop Loss indicated on the Subpage, shall mean this document setting up terms and conditions of the Program, as defined in Section 1.1. of the Terms, shall mean the TBN website, any improvements, modifications or extensions or
derivative works of the foregoing, graphics and any other works and intellectual
property rights within the meaning of applicable copyright law in respect to any of
the foregoing, shall mean a Candidate or a Participant, shall mean any content, comments, remarks, data, feedback, text, photos, images,
digital materials, or other materials uploaded, shared or generated during the use of
the TBN website, the Subpage and any other means owned or possessed by TBN used during
and for the purpose of the Program, shall mean a questionnaire that is obligatory to be filled-in by a Candidate
interested in participating in the Trial Challenge verifying i.a. trading experience,
risk management techniques, performance analysis, trading strategy, and additional
qualifications of the Candidate, available on the Subpage by clicking on the “Fill out
the application” (or of similar meaning) button, as defined in Section 5.8. hereof, shall mean a part of the Program which is a trial challenge involving performance of
the trading activities by the Traders in accordance with requirements and guidelines
of TBN in exchange for Benefit ending with selection of the most outstanding Traders
classified as the Selected Traders, which may last between 30 to 90 days, shall mean a subpage of the TBN website dedicated to the Program available at here .
Agreement
AML Laws
Benefit
Candidate
Data
Electronic Communication
Laws
Non-Cooperative Jurisdiction
Participant
Privacy Policy
Program
Prohibited Jurisdictions
Selected Traders
SL
Terms
TBN
TBN IP
Trader
Trader Materials
Trader Questionnaire
Trading Signal
Trial Challenge
Subpage
3. TERMS OF THE PROGRAM
3.1. The aim of the Program is to:
3.1.1. engage Traders in the Trial Challenge,
3.2.1. filling in the Trader Questionnaire by Candidates being interested in
participation in the Trial Challenge together with uploading track records (e.g record
of the Candidate’s trades from a trading platform or letter of recommendation from the
trading partner) confirming the Candidate’s trading experience,
3.1.2. identify exceptional Participants among participants of the Trial Challenge who align
with the values of TBN and possess the skills desired by TBN,
3.1.3. sign an Agreement on further cooperation between TBN and Selected Traders.
3.2.2. evaluation of the Trader Questionnaires by TBN taking into consideration various factors,
including trading skills, risk management abilities, track record and suitability for TBN
and selection of the Candidates by TBN,
3.2.3. delivery of invitations to the Trial Challenge to selected Candidates,
3.2.4. creation of MetaTrader 4 Demo Account or another account designated by TBN and signing
up to one of the TBN’s Channels on Discord by the Participants,
3.2.5. evaluation of the Participants’ trading performance in terms of various performance
metrics, including profitability, risk management, consistency, adaptability to market conditions,
and adherence to the trading guidelines,
3.2.6. offer of further cooperation opportunities to the Selected Traders.
3.4. The participation in the Trial Challenge is voluntary and may be discontinued at any time.
3.5. The decision if a Participant is selected from among Participant taking part in the
Trial Challenge as a Selected Trader is entirely a discretionally decision of TBN. The
Trader is not entitled to any compensation or indemnity if he or she is not selected as
the Selected Trader.
3.6. By accessing the Trial Challenge, the Trader warrants being of legal age and being allowed
to participate in the Trial Challenge (depending on the Trader’s jurisdiction).
3.7. A Trader is prohibited from creating multiple accounts to participate in the Trial Challenge
from several accounts at one time.
4. CONDITIONS TO BECOME A TRADER IN THE TRIAL CHALLENGE
4.1. To become the Participant a Candidate should fill out a Trader Questionnaire. To get
access to the Trader Questionnaire a Candidate should visit the Subpage and press the
“Fill out the application” (or of similar meaning) button.
4.4.1. be of legal age and be allowed to participate in the Trial Challenge (depending
on the Trader’s jurisdiction),
4.2. The Candidate should acknowledge that by accessing the link to the Trade Questionnaire
the Candidate shall be redirected to NoteForms. The Candidate should familiarize with terms
and conditions and privacy policy of this provider. The Trader acknowledges and agrees that
TBN does not make any warranties or guarantees regarding a third-party software and is not
responsible for the operation or failures, errors or bugs in, any third-party software.
4.3. The Candidate is obligated to fill in the Trader Questionnaire with precise
information that is consistent with the factual state. The Candidate shall bear
responsibility for providing false information in the Trader Questionnaire.
4.4. The Candidate willing to participate in the Trial Challenge should:
4.4.2. have minimum verifiable 1-year experience as a Forex Legacy trader,
4.4.3. shall give consent to the participation in the Tral Challenge and accept these Terms
and the Privacy Policy by clicking the relevant checkbox on the Subpage.
4.6. TBN is entitled to contact a Candidate in the form of Electronic Communication to the
address provided by the Candidate in the Trader Questionnaire if it required supplementary
information or if TBN required any documentation confirming information in the Trader Questionnaire.
4.7. The Trader Questionnaire enables uploading additional documents confirming the Candidate’s
trading experience - track records (e.g record of the Candidate’s trades from a trading platform
or letter of recommendation from the trading partner). It is not allowed to upload other documents
or data, e.x. CV.
4.8. The selection of Candidates would be performed by a committee consisting of experienced
analysts of TBN.
4.9. A Candidate shall be informed on the decision of the committee referred to in Section
4.8. above within 30 days from the delivery of the properly and completely filled-in Trader
Questionnaire in the form of Electronic Communication at the address provided by a Candidate
in the Trader Questionnaire.
4.10. A selected Candidate shall receive further instructions in the message referred to in
Section 4.9. above.
4.11. In case of numerous Candidates, they will be gradually invited to the Trial Challenge
which shall start for new Participants every first day of a calendar month. The remainder would
be on the waitlist.
5. PARTICIPATION IN TRIAL CHALLENGE
5.1. A Participant is obligated to take part in the Trial Challenge following the terms
and conditions stipulated in these Terms, as well as rules and guidelines indicated by
TBN during the Trial Challenge on Discord Channel or any other medium of communication. 5.4.1. Instrument,
5.2. The participation in the Trial Challenge requires creation of MetaTrader 4 Demo Account
or another designated account and singing up to TBN’s channel on Discord.
A Candidate is entirely responsible for providing appropriate equipment and software.
5.3. Usage of MetaTrader 4 Demo Account or another designated account requires provision of
the personal data such as name, registry and VAT code (if applicable), surname, phone, and
email. For details regarding processing and protection of personal data by TBN, please refer
to the Privacy Policy.
5.4. TBN selects the following details of Trading Signals sent by Participants during the Trial
Challenge:
5.4.2. Purchase price,
5.4.3. Volume,
5.4.4. TP (Target Price),
5.4.5. SL (Stop Loss),
5.4.6. Closing.
(hereinafter cumulatively the
„Trading Signal”).
5.5. Details concerning boundary conditions for the Trading Signals shall be indicated for
particular Participants during the term of the Trial Challenge on the TBN’s Discord channel.
5.6. Traders are allowed to make their own free trading decisions, subject to Section 5.9.
and 5.10. below and subject to boundary conditions specified by TBN they are expected to meet.
5.7. TBN encourages to maintain a disciplinary approach to the markets.
5.8. The balance or equity of the Trader should not go below SL in a single day. Violation
of this rule should be understood as violation of these Terms and Trader would not be
entitled to become the Selected Trader.
5.9. TBN is entitled to set up rules and guidelines during the term of the Trial Challenge.
5.10. TBN is entitled to dismiss any Participant before the end of the Trial Challenge if
the Participant violates these Terms, any Laws or any rules and guidelines stipulated by
TBN during the term of the Trial Challenge or TBN would not be interested in further
cooperation with the Trader.
5.11. TBN is entitled to dismiss any Participant during the term of the Trial Challenge if
statements made by him/her in the Trader Questionnaire or any submitted documents referred
to in Section 4.6. and 4.7. of the Terms turn out to be false.
5.12. During the selection of Selected Traders TBN will analyze the metrics of a Participant
on the whole term of the Trial Challenge taking into consideration several factors like profitability,
risk management, consistency, adaptability to market conditions, and adherence to TBN’s trading
guidelines.
5.13. A Trader shall be informed if he/she was selected as a Selected Trader within 30 days
from the end of the Trial Challenge in a form of Electronic Communication at the address provided
by a Candidate in the Trader Questionnaire.
5.14. it is possible that the Trader who demonstrates particularly outstanding performance
will be invited to conclude the Trader Agreement earlier than after 90 days. It is the sole
decision of TBN how long the Trial Challenge would last for the particular Trader.
5.15. A Trader that is not selected as a Selected Trader may be offered to participate again
in the Trial Challenge.
5.16. The Trader agrees that his/her personal data and other data regarding his/her
history of trading performance would be stored by TBN and that TBN would be entitled to
use these data during next selection of Selected Traders.
5.17. A Selected Trader shall be invited to negotiations on future cooperation with TBN.
6. BENEFIT
6.1. To encourage the participation in the Program and reward its participants, the
Participants of the Trial Challenge shall receive the following benefits (hereinafter the
“Benefits”):
6.1.1. free training for Participants conducted by TBN – 3 one-hour sessions with
experienced TBN analysts at the start of the Trial Challenge,
6.3.1. TBN will not have any claim in connection with the conducted training referred
to in Section 6.1.1. of the Terms.
6.1.2. free access to TBN product during the period of the Trial Challenge: Exclusive Nest
Club.
6.3. If TBN or a Participant decides to terminate the participation in the Trial Challenge
before its end:
6.3.2. the Benefit referred to in Section 6.1.2. above would be no longer available.
7. DATABASE
7.1. As TBN creates a database within the meaning of the Estonian law in connection with
performing these Terms, TBN as the producer of this database is vested with the right to
extract and re-utilize data in their entirety or by using a material portion thereof in
terms of their quality or quantity (hereinafter: “Sui Generis Right” ), in
reference to such a database.
7.2. In the event that Sui Generis Right expressed in Section 7.1 is in fact vested in the
Trader, the Trader is considered to have transferred the Sui Generis Right to TBN in consideration
for the Benefit.
7.3. Should however, the Trader be entitled to the claims in connection with the
usage of the database referred to in Section 7.1. of these Terms, the Trader hereby waives
these claims against TBN and TBN accepts the above waiver of such rights.
7.4. If the waiver of the above claims proves to be invalid or ineffective in any
way, the Trader shall undertake to refrain from seeking such claims against TBN (
pactum de non petendo ).
8. INTELLECTUAL PROPERTY
8.1. TBN will exclusively hold all right, title and interest in and to the TBN IP. TBN
does not grant any license or does not transfer any intellectual property rights to the
Participants of the Program.
8.2. A Trader will own and retain all right, title and interest in all Trader Materials. To
enable TBN to execute the Program, the Trader agrees to give TBN access to the Trader Materials
and permits TBN to use, extract, reformat, manipulate, analyze, summarize, and otherwise obtain
information from the Trader Materials only to the extent necessary to execute the Program,
subject to Section 7.1.-7.3. of the Terms.
9. DISPUTES
9.1. In the event of a dispute between a Trader and TBN in connection with the execution of the Program, a Trader and TBN undertake to resolve the dispute amicably. In the event any litigation arises between the parties in the future in connection with the Program, it shall be adjudicated by a court with geographic jurisdiction over the seat of TBN.
10. CONFIDENTIALITY
10.1. Any Trader shall at all times keep confidential and shall not disclose to any third
party any information of a confidential nature acquired in connection with the Program,
except:
10.1.1. to its affiliates or its or their respective employees, bankers, agents or
professional advisers (provided they are bound by an equivalent duty of
confidentiality),
10.1.2. as required by applicable regulation or under the compulsion of law or by request
of any regulatory, government or law enforcement agencies in any jurisdiction,
10.1.3. to the extent that the confidential information is in or lawfully becomes public
domain other than in violation of this clause,
10.1.4. where such information was in the Trader’s lawful possession before the disclosure,
10.1.5. where such information is independently developed by the Trader, and the independent
development can be demonstrated by written evidence, or
10.1.6. where the Trader needs to disclose such information in order to carry out its obligations
under these Terms.
11. TRADER’S REPRESENTATIONS AND WARRANTIES
11.1. The Trader represents and warrants to TBN that:
11.1.1. the execution and delivery of these Terms, and that his/her participation in
the Trial Challenge do not and shall not violate any Laws,
11.1.2. the Trade Signals sent by the Trader and selected by TBN were of the Trader, free
and clear of all liens or third-party rights,
11.1.3. the participation of the Trader in the Program is not against the AML Laws,
11.1.4. the Trader does not bear a name that appears on the List of Specially Designated
Nationals and Blocked Persons maintained by OFAC from time to time nor resides in a Non-Cooperative
Jurisdiction or has an account from or through which funds are transferred,
11.1.5. the Trader shall comply with all Laws, all policies, procedures set by TBN, AML
Laws, and Terms in order to participate in the Program,
11.1.6. the Trader shall not breach the intellectual property rights or privacy rights
of TBN and any third parties, i.a. other Traders,
11.1.7. upon the request of TBN, the Trader shall provide any documents identifying the
Trader or other documents in order to comply with AML Laws. The failure to provide these
documents will entitle TBN to terminate the cooperation with the Trader immediately,
11.1.8. the Trader shall immediately notify TBN via Electronic Communication of occurrence
of any of events/changes important from the AML Laws perspective,
11.1.9. the Trader shall not make any untrue or misleading statements to TBN or omit facts
leading to presentation of untrue or misleading statements. The Trader shall not act in
fraudulent or misleading manner in his/her trading performance under the Program,
11.1.10. all the deliverables performed or delivered under the Agreement shall be free
of legal defects; in particular it warrants that the use and disposal of the deliverables
by TBN, its licensees and legal successors shall not breach any third-party rights, in
particular moral or economic copyrights vested in such persons, trade secrets, industrial
property rights, database protection rights or personal rights,
11.1.11. if a third-party file a claim associated with a legal defect of any of the Trader’s
deliverables, the Trader shall take the required actions to resolve the dispute and shall
incur all the related costs. In particular, if action is taken against TBN or another entity
authorized to use the deliverables on account of breach of third party rights, the Trade
shall accede to the proceedings in the capacity of a defendant, and if this is not possible,
it shall become an auxiliary intervener on the part of the defendant and cover all the
costs and damages associated with the defense against the claims, including legal service
costs or settlement costs, where the Trade consents to the terms and conditions of the
settlement.
12. LIMITATION OF LIABILITY
12.1. These Terms states terms and conditions of the Program. The principles of
cooperation between TBN and the Selected Traders are not covered in these Terms.
12.2. The Trader agrees not to hold TBN, its affiliates or any third-party service provider
liable for any possible claim for damages arising from the participation in the Trial Challenge.
12.3. UNDER NO CIRCUMSTANCES WILL TBN BE LIABLE IN ANY WAY FOR ANY TRADER MATERIALS, INCLUDING
LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS THEREIN, INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, OR BREACH OF THESE TERMS, OR LAWS.
12.4. IN NO EVENT WILL TBN OR ANY TBN REPRESENTATIVE BE LIABLE TO THE TRADER FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS,
REVENUE OR BUSINESS INTERRUPTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
12.5. IN NO EVENT WILL THE TOTAL LIABILITY OF TBN OR ANY TBN’S REPRESENTATIVE TO A TRADER IN
CONNECTION WITH THESE TERMS EXCEED 1,000 USD REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM
A CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
12.6. TBN WILL NOT BE LIABLE TO THE TRADER FOR ANY LOSSES THE TRADER INCURS AS THE RESULT OF
SMART CONTRACTS. THIS INCLUDES THE TRADER’S ERROR SERVER FAILURE OR DATA LOSS, CORRUPTED WALLET
FILES, UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE
USE OF VIRUSES, PHISHING.
12.7. During the course of the Program, TBN is not liable for any fraud or similar activities
during or in connection with the Program and is not liable for any loss of income of the Trader.
12.8. TBN shall not be liable for any loss or damage caused by technical problems or limitations
on the part of the Trader or third-party providers which prevented or hindered participation
in the Trial Challenge.
12.9. The Trader acknowledges that he/she is responsible for maintaining adequate security
and control of all IDs, passwords, hints, personal identification numbers (pins), or any other
codes that the Trader uses to access in relation to the Trial Challenge.
13. DISCLAIMERS
13.1. BEFORE ACCESSING THE PROGRAM A TRADER IS ADVISED TO SEEK INDEPENDENT QUALIFIED LEGAL
AND TAX ADVICE.
13.2. TBN DOES NOT RECOMMEND, ENDORSE, ADVOCATE OR SPONSOR ANY OF THE VIRTUAL CURRENCY TRANSACTIONS
THAT MAY BE ENTERED INTO IN ACCORDANCE WITH THESE TERMS. TBN IS NOT AN AUTHORIZED FINANCIAL
ADVISOR OR REPRESENTATIVE AND DOES NOT PROVIDE TAX, EMPLOYMENT OR INVESTMENT ADVICE. TBN SHALL
NOT BE NOR SHALL IT BE DEEMED TO BE TRADER’S FINANCIAL ADVISOR OR FIDUCIARY.
13.3. THE RISK OF COMPLETE LOSS IN TRADING TRANSACTIONS PERFORMED BY THE TRADER PURSUANT TO
THESE TERMS ARE AT TRADER’S RISK AND PERIL.
13.4. THERE ARE INHERENT SECURITY RISKS WHEN PROVIDING INFORMATION AND DEALING ONLINE IN THE
INTERNET. TBN IMPLEMENTS APPROPRIATE TECHNOLOGICAL AND ORGANIZATIONAL SAFEGUARDS TO REDUCE
THE RISK OF ANY SECURITY BREACHES WHICH COULD RESULT IN THE ACCIDENTAL OR UNLAWFUL DESTRUCTION,
LOSS, ALTERATION, DISCLOSURE OR ACCESS OF YOUR INFORMATION.
13.5. THERE ARE RISKS ASSOCIATED WITH THE USE OF INTERNET-BASED ASSETS, INCLUDING, BUT NOT
LIMITED TO THE RISK OF HARDWARE, SOFTWARE AND INTERNET CONNECTIONS, THE RISK OF INTRODUCING
MALICIOUS SOFTWARE, AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION.
THE TRADER ACCEPTS AND ACKNOWLEDGES THAT TBN WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION
FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS.
13.6. TBN STRICTLY PROHIBITS AND REJECTS THE PERFORMANCE OF TRANSACTIONS TO THE TRADERS LOCATED
IN THE PROHIBITED JURISDICTIONS. FOR THE AVOIDANCE OF DOUBT, THIS RESTRICTION APPLIES EQUALLY
TO RESIDENTS AND/OR CITIZENS OF OTHER NATIONS WHILE LOCATED IN THE PROHIBITED JURISDICTION.
ANY ATTEMPT TO CIRCUMVENT THE RESTRICTIONS BY ANY PERSON LOCATED IN THE PROHIBITED JURISDICTION,
INCLUDING PROVIDING FALSE INFORMATION REGARDING THE TRADER’S LOCATION, WILL BE CONSIDERED A
BREACH OF THESE TERMS. THE TRADER MUST ENSURE THAT THEIR LOCATION IS NOT A PROHIBITED JURISDICTION
BEFORE ACCEPTING THESE TERMS,
13.7. TBN STRICTLY PROHIBITS AND REJECTS THE PERFORMANCE OF TRANSACTIONS IN ORDER TO PERFORM
ANY FORM OF ILLICIT ACTIVITY, INCLUDING MONEY LAUNDERING, TERRORIST FINANCING OR VIOLATIONS
OF TRADE SANCTIONS, WHICH ARE PROHIBITED IN THE VARIOUS APPLICABLE AML LAWS.
13.8. NOTHING IN THESE TERMS SHALL BE INTERPRETED AS, NOR WILL IT TAKE THE FORM OF AN EMPLOYMENT
CONTRACT WITH THE EMPLOYEE OR ANY OTHER TYPE OF EMPLOYMENT AGREEMENT, AGENCY AGREEMENT OR PARTNERSHIP
AGREEMENT.
14. PERSONAL DATA
14.1. TBN processes the personal data of Traders in accordance with the applicable data
protection and privacy law, including the General Data Protection Regulation 2016/679.
14.2. Detailed information on the processing of the personal data of Traders (privacy notice),
as well as information on use cookies and similar technologies (cookie notice) can be found
in the Privacy Policy of the Website available at:
here.
15. FINAL PROVISIONS
15.1. These Terms enter into force on January 1st, 2024 .
15.2. These Terms have been drawn up in accordance with the laws and regulations of the Republic
of Estonia.
15.3. If any provision of these Terms is or becomes illegal, invalid or unenforceable in any
jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of
any other provision hereof or the validity or enforceability in other jurisdictions of that
or any other provision hereof.
15.4. TBN reserves the right to change these Terms at any time. The Trader will be notified
of any changes to these Terms in advance, not later than 14 days before the changes come into
force.
15.5. Any change to these Terms, as referred to in Section 15.4. above, should not lead to
any deterioration of rights guaranteed to the Trader in these Terms in force as of the date
of the start of the ongoing Trial Challenge.
15.6. The Program’s execution is at sole discretion of TBN. TBN reserves the right to end the
Program at any time. The end of the Program shall not impact the ongoing Trial Challenge.
15.7. For more details the contact address is support@thebirbnest.com.