Last updated on 18/11/2020
Orienta United Agency OÜ (“Orienta United Agency OÜ” or “Orienta”, “Company” “us”, “we” or “our”) is a private limited company.
PLEASE READ CAREFULLY THE TERMS & CONDITIONS SET OUT HEREIN BEFORE USING THE SERVICES PROVIDED BY US.
1. OWNERSHIP OF THE WEB PORTAL
1.1. The website https://www.horizon-agency.com is owned by Orienta United Agency OÜ, which makes the following information available to you:
The domain name https://www.horizon-agency.com has been registered by Orienta United Agency OÜ and is registered in the Registry of Estonia with reference no. 14774426.
This Web Portal has been created by Orienta United Agency OÜ in order to provide you with information on the Company’s services.
1.2. Accessing the webpage implies you have read, acknowledged, and accepted the above.
2.1. In these Terms & Conditions, “User”, “you”, “your” and “Client” will be used for the person who registers and/ or uses the Website, the technical tools, or the Services provided by the Company.
2.2. Orienta United Agency will be hereinafter referred to as “Orienta United Agency OU”, “Orienta”, “Company”, “us”, “we” or “our”.
3. ACCEPTANCE OF THE TERMS
3.1. Orienta offers Services that the Client can access through the Web Portal and/or through other Applications available on Compatible Devices.
3.3. By registering with Orienta United Agency OÜ and/or by using or accessing the Website or Services, the client agrees to be bound by the Terms & Conditions. If you do not agree to any of the provisions of the Terms & Conditions, you should immediately cease using the Website and Services.
3.4. The current Terms & Conditions establish the rules for registering and contracting Orienta’s services, and will apply to those services purchased by the Registered Clients.
4. CLIENT REGISTRATION
4.1. In order to register with Orienta, you must fill in the contact form that is located on the webpage.
4.2. Once the Company has received the form, the officer in charge will proceed to contact you in order to collect the necessary documentation to enable the provision of the service contracted.
5. LEGAL AGE AND RESTRICTED TERRITORIES
5.1. The Services are only available to individuals who are at least 18 years old (or at least the legal age in their jurisdiction). Orienta United Agency OÜ reserves the right to ask for proof of age from you, and your account or Tools given by Orienta may be suspended until satisfactory proof of age is provided.
5.2. You may not use the Services, Tools provided and/or the Website if you are located or are a resident of a geographic area in which access to or use of the Services, the Website and/or the Tools is prohibited by applicable law, decree, regulation, treaty, or administrative act.
5.3. You shall not use the Services where it is prohibited by law or regulation.
6.1. Orienta may, from the reception of the contact form and at any time thereafter, ask you to provide personal information, including but not limited to your name, address, telephone number, email address, and date of birth, as well as request proof of identity, source of income, financial situation and occupation. The Company may also verify the Client’s data, at any time, by requesting certain documents. These documents may include, but are not limited to, a government-issued identity card, proof of address, such as a utility bill, and proof of the method of payment.
6.2. Orienta may, at its discretion, request from its Users further information to comply with the obligations to which it is subject in relation to the prevention of terrorism and anti-money laundering (“AML”) as well as Know Your Client obligations (“KYC”). In addition, the Company may request that copies of such documents be notarized at the client’s expense, meaning that the documents are sealed, stamped, and examined by a public notary.
6.3. The entity may ask the Client to attend a video call to verify his identity.
6.4. Orienta United Agency OÜ may decide, at any time and at its sole discretion, to terminate the Client’s services and these Terms and Conditions, on the basis that the documents received and/or the verification provided are concluded to be negative, doubtful or uncertain or there is suspicion that the client is not 18 years of age or older. Likewise, Orienta may suspend the provision of the service to those Users who fail to comply with the provisions of these Terms and Conditions or disregard any indication or notification made to the User by Orienta.
6.5. The entity may carry out further verification checks on the User and request any relevant documentation from him or any third party for any reason, and for that purpose the client hereby authorizes the Company to carry out, directly or indirectly, any consultation considered necessary to verify the relevance and accuracy of the documents and information provided for verification purposes.
6.6. The proper functioning of the Services provided is subject to compliance by users of the minimum requirements established in these Terms & Conditions, which the client must ensure compliance with before proceeding with the contracting of any Services. The aforementioned requirements may be subject to updating or modification by Orienta at any time and without prior notice. The User consents and freely accepts any use of advertising that the Company makes on its website or platform.
7. OBLIGATIONS OF CLIENTS
7.1. All users and/ or clients undertake and agree not to use the Services in an illegitimate way or contrary to the applicable laws or regulations, both in their place of residence and in the place where Orienta carries out its activity, refraining from using the services received that the Company provides with illicit purposes or that involve results contrary to the applicable legislation. Any illegitimate use of the services provided by the Company that causes damage to third parties in their rights and interests, or that damages, disables, overloads or deteriorates the services and/or webpage, the computer equipment of other Internet users, or documents, files or any other content stored by third parties, will be the responsibility of the User or client who has caused such damages.
7.2. With respect to the limits established by the applicable laws and regulations, Users undertake that they must:
- not copy, transform, modify, alter, or translate content obtained as a result of the provision of the Service.
- not sell, transfer, distribute or commercialize, as well as lease or disseminate, onerous or free, to third parties, the materials or contents obtained as a result of the provision of the Service.
- not alter, copy, delete, or damage the information contained in the servers used to control or operate the Service.
- not use automated systems or applications designed to extract any type of data or information from the Service.
- not carry out any action that, directly or indirectly, is contrary to these Terms & Conditions or to current legal regulations.
7.3. Orienta United Agency OÜ will not control the content of the messages or files that the Company’s Users generate or disseminate publicly or privately. Notwithstanding the foregoing, the Company reserves the right to control and review all the content that Users publicly disseminate that affects its image and good name, reserving the power to take whatever legal measures it deems appropriate to prevent transmission, dissemination, or making the indicated information available to third parties.
7.4. Failure to comply with any of these Terms & Conditions will empower Orienta to terminate the relationship with the User responsible for the infringement, without said user having the right to any additional compensation.
8. THE SERVICES PROVIDED AT ORIENTA UNITED AGENCY OÜ
8.1. Through the Website, you can receive the services of Wealth Management. (“Services”).
8.2. Your use of the Services is subject to our KYC process and its completion to our satisfaction and we may save such data on our systems for future use and verification.
8.3 You acknowledge and agree that it is at our sole discretion whether to provide you with the Services.
8.4. We may suspend, modify, remove, or add Services at any time.
8.5. Orienta United Agency OÜ has no obligation to check whether users are using the Services in accordance with the Terms & Conditions, as updated from time to time. It is the sole responsibility of the Client to ensure that he/she is aware of the correct and current provisions of the Terms & Conditions and of any amendments or updates made thereto.
8.6. You cannot use the Services or the Website in a manner prohibited by any laws or regulations which apply to you.
8.7. Without prior notification, we may suspend or block your access to the Services at any time, including without limitation in the following cases: (i) the emergence of technical failures until their elimination; (ii) in case we suspect that your account is not being used by you, but by a third party; or (iii) in the case of additional verification procedures, as well as analysis of your activity, within the framework of AML.
9. INTELLECTUAL PROPERTY
9.1. Unless expressly stated in these Terms & Conditions, no User shall be entitled, for any reason, to any of our intellectual or industrial property rights, which will include texts, images, photographs, brands, logos, color combinations, as well as the ownership structure, selection, order and presentation on the website or any other Tools provided; Therefore, Orienta retains, at all times, the ownership of all the rights, titles and interests on the intellectual property rights belonging to the Company.
9.2. Without limiting the generality of clause 9.1., Orienta retains all intellectual property rights over the source code and its technical information related to Orienta United Agency OÜ and the Services provided.
9.3. The User agrees to use the received Services is for his own benefit, declaring that they are aware of the impossibility of carrying out commercial exploitation, direct or indirect, of the Services, materials, elements, and information obtained through them.
9.4. The brands, labels, distinctive signs and logos of Orienta that appear on the Company’s website and/or materials or tools provided are its entire property and are duly registered or in the process of registration; in the same way, all its products, services and companies that appear in it are registered trademarks, which belong in each case to their legitimate owners.
9.5. Except for the rights expressly granted under these Terms & Conditions, all other intellectual and industrial property rights are reserved by Orienta.
9.6. You will not acquire or be entitled to any of our intellectual property rights; to make claims regarding any of our intellectual property rights or any other equivalent right; or use, attempt to use, copy, imitate, or modify (in whole or in part) any of our intellectual property rights, except with prior consent.
10.1. The Company and the Client assume the strictest duty of confidentiality in relation to the information, data, and actions that they carry out in relation to the Services provided by Orienta.
10.2. Users for their part undertake not to disclose to third parties, in whole or in part, information related to the Services that are provided, as well as any other information about the organization, structure, or technical tools used by the Company for this purpose.
10.3. For its part, Orienta undertakes to treat confidentially all the information that clients and Users provide, which will not be disclosed, in whole or in part, to third parties or entities without prior written authorization from the clients themselves.
10.4. The validity of this clause will extend beyond the survival of this agreement or any of the Services provided.
11. GOVERNING LAW & DISPUTES
11.1. The Terms & Conditions and the relationship between you and us shall be governed by, and interpreted in accordance with, the laws of Estonia. You irrevocably agree for your and our benefit that the courts of Estonia shall have jurisdiction to settle any suit, action, or other proceedings relating to the Terms & Conditions (“Proceedings”) and irrevocably submit to the jurisdiction of such courts (provided that this shall not prevent Orienta United Agency OÜ from bringing an action in the courts of any other jurisdiction), and you irrevocably waive any objection which you may have at any time to the laying of the venue of any Proceedings brought in any such court and agree not to claim that such Proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.
11.2. You understand and agree that Orienta United Agency OÜ records shall be the final authority in determining your use of the Services and you shall have no right to dispute Orienta United Agency OÜ decisions in regard to such matters.
11.3. Orienta United Agency OÜ customer service department will review your claim and provide you with its decision within 10 (ten) business days of submission of your claim or dispute.
11.4. If you do not agree with the Orienta United Agency OÜ decision, you should contact our customer service manager to appeal the Orienta United Agency OÜ decision and promptly provide Orienta United Agency OÜ with all the relevant evidence in relation to the appeal.
12. NULLITY OF THE CLAUSES
12.1. In the event of the nullity or ineffectiveness, total or partial, of any of the clauses contained in these Terms & Conditions, the nullity or ineffectiveness indicated will affect only and exclusively the affected clause or clauses, not affecting the validity of the rest of the established terms and conditions.
13.1. Orienta expressly and without limitations reserves the right to amend, modify, update and/or change any of the provisions of the Terms and Conditions as a result of legal and regulatory changes, for security reasons, or for any other change that occurs within the Services provided. The Company agrees to notify of any amendment, modification, update or change by posting a new version of the Terms and Conditions on the corresponding page of the website, or by notifying you by email, at the sole discretion of the Company.
13.2. Once the notification of the amendments, updates, or modifications has been made, the Company will not be responsible for the lack of revision of the Terms and Conditions by its users, who undertake the responsibility to fully review the new content. The mere use of the services after the notification of any changes will imply that the user accepts and is subject to the Terms & Conditions of the Company without exceptions.
13.3. Orienta will not incur any responsibility for any discrepancies that may exist between printed documents and the electronic version published on its Portal, prevailing in any case the digital version that is published on the Company’s website at any time.
14.1. Orienta United Agency OÜ shall not be responsible for any damage or loss incurred by you as a result of the Services. By accepting the Terms & Conditions, you acknowledge and confirm that you understand and agree that the risks associated with the Services are acceptable to you, taking into account your objectives and financial capabilities.
14.2. You acknowledge and agree that Orienta United Agency OÜ does not provide investment advice services, and any communication between you and Orienta United Agency OÜ cannot be considered as investment advice. By accepting to use the Orienta United Agency OÜ services, you confirm that you have sufficient knowledge, market sophistication, and experience to make your own evaluation of the merits and risks of any transaction and that you received professional advice thereon.
15. LIMITATION OF LIABILITY
15.1. Every User is fully and voluntarily aware and responsible of the Services that are provided, leaving the Orienta Company exempt from any responsibility derived from possible errors that may occur in the provision of the Services that it offers in the market as a result of factors unrelated to the Company.
15.2. Orienta develops its activity respecting the highest standards of diligence, trying to ensure its provision of Services 24 hours a day, as well as their safety and quality in response to the current state of technology. Notwithstanding the foregoing, Orienta does not guarantee that its Services will always function correctly due to circumstances that are not attributable to it, that they are free of malware, nor is it liable for possible damages caused by interference, interruptions, computer malware, or telephone or internet network failures.
15.3. In no event will Orienta be liable for damages arising from actions or interference by third parties when they are illegitimate and are beyond the control of the Company.
15.4. In no event shall Orienta United Agency OÜ, its officers, directors, employees, agents, and all third party service providers be liable to the client or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (i) accuracy, completeness or content of this site, (ii) accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked(through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any client content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/ or (x) any loss or damage of any kind incurred as a result of the client ‘s use of this site or the services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not Orienta United Agency OÜ is advised of the possibility of such damages.
15.5. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. Also, the client specifically acknowledges and agrees that in no event shall Orienta’s total aggregate liability exceed the total amount paid by the client for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the client‘s use of this site or the services found at this site.
16.1. The Client agrees to protect, defend, indemnify and hold harmless Orienta United Agency OÜ and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of any kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Orienta United Agency OÜ directly or indirectly arising from (i) the Client’s use of and access to this Site or the Services found at this Site; (ii) the Client’s violation of any provision of the Terms & Conditions or the policies or agreements which are incorporated herein; and/or (iii) the Client’s violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of the Terms & Conditions or the Client’s use of this site or the Services found on this Site.
17.1. The Terms & Conditions contain the entire agreement between Orienta United Agency OÜ and you relating to your use of the Website, Technical Tools, and the Services and supersedes any and all prior agreements between Orienta United Agency OÜ and you in relation to the subject matter hereof.
17.2. Orienta United Agency OÜ may outsource any or all of the Services it provides under the Terms & Conditions to third parties.
17.3. If any of the provisions of the Terms & Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such provision will be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.
17.4. The rights and remedies provided under the Terms & Conditions are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all or in a manner or at a time beneficial to you. No failure by us to exercise, or delay by us in exercising, any of our rights under the Terms & Conditions or otherwise, nor failure by us to insist upon strict performance of any of your obligations shall operate as a waiver of those or any other rights or remedies or relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.5. We reserve the right to transfer, assign, sublicense, or pledge the Terms & Conditions, in whole or in part, to any person without notice to you. You may not assign, sublicense, pledge or otherwise transfer in any manner whatsoever any of your rights or obligations under the Terms &Conditions.
17.6. The Terms & Conditions have been drafted in the English language. The English version of this Agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and any other version.