GENERAL TERMS

The client affirms that by using NordGull Capital Website (our Services), he or she had read this document throughly, understood and agreed with everything that is written herein.

 

1.     Terms and Definitions

1.1.   These Terms of Service constitute a legal agreement between you, as the user of the Website, and NordGull Capital, as the owner of the Website ( www.nordgull.com ).

1.2.   These Terms of Service set out the general terms governing your use of the Website. They apply to you as soon as you first use the Website, and you are deemed to have agreed to be bound by them upon your first use of the Website. If you do not wish to continue to be bound by these Terms of Service, please stop using the Website now.

1.3.   We reserve the right, in our sole discretion, to change these General Terms from time to time.

1.4.   We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorizing any withdrawal of Your Funds. For these purposes, We may request You to provide additional verification documents under the terms defined by Us.


NordGull/NordGull Capital

NordGull Capital Ltd, registered in the Estonia, company number 14858525, address Tondi 1, Tallinn 11313, Estonia, who manages the Website ( www.nordgull.com ).


User

A person registered on the Website as the User.


User’s ID Number

A personalized number of each User by which NordGull Capital can identify the User. The User’s ID number is to be used also making the payments into the NordGull Capital account.


User’s Virtual Account

A virtual account that has been opened in the name of the User with the purpose to keep record of monetary payments made on the Website through the User Profile.


Loan

The basic amount of an outstanding loan or a part thereof that has been borrowed by the Borrower on the basis of a Loan Agreement and which, on the basis of the terms of the Loan Agreement, shall be repaid to NordGull Capital by the Borrower and assigned to the Assignee by NordGull Capital.


Borrower

A legal person with whom NordGull Capital has concluded a Loan Agreement on the basis of which NordGull Capital undertakes to lend a specific amount according to the mutually agreed terms.


Service Charge

A charge specified in the list of charges that the User shall pay to NordGull Capital for services provided on the basis of Terms and/or an Assignment Agreement.


List of Charges

Charges specified on the Website that the User shall pay to NordGull Capital for services provided on the basis of the Terms and/or an Assignment Agreement.


Security

Mortgage, any commercial pledge, warranty or other security issued in favour of NordGull Capital that guarantees the performance of the obligations arising from the Loan Agreement by the Borrower.


2.     Intellectual property rights

2.1.   We are the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.


3 .     Registration Process

3.1.   To start using the Website a person is required to register a user account using his real name and surname (hereinafter the “User Account”). Only physical and legal persons who have passed the Website Manager’s background check to the extent that the Website Manager deems sufficient can successfully register a User Account to their name.

3.2.   In order to access the Website, a User is required to enter his unique username and password. In order to access the Website, the Website Manager may at any moment request the User to identify himself via passport, ID card, Mobile-ID, online-bank device, or any other identification method acceptable to the Website Manager. In order to submit declarations of intent and provide approvals that bear legal consequences, the Website Manager may request the confirmation of User’s signature via passport, ID card, Mobile-ID, online-bank device, mobile communication or any other suitable authentication method.

3.3.   Only registered users who have concluded an Agreement with NordGull Capital may use the Website   www.nordgull.com  and services offered on the Website.

3.4.   The following information shall be presented by the individual Investor: name; surname; date and place of birth; residential address; phone number; information whether Investor is Politically exposed person (PEP) or its relative or close associate or not; information about source of funds.

3.5.   NordGull Capital identifies a natural person based on the following documents.

3.6.   Identification documents. The investor may provide photos/scans of below mentioned documents: a) National ID card (both sides) or national passport (reversal); b) International passport (reversal).

3.7.   Proof of residency. The investor may provide photos/scans of below mentioned documents (the documents shall be not older than 3 months by the time of validation): Utility bill; Bank statement;

       Other documents, with an exception of online screenshots or credit card statements.

       The investors should make sure that the scans/photos correspond to the following requirements:

       Documents should be valid due to issue date (issued within the last 3 months).

3.8.   The following information shall be presented by a legal person: Company name, Jurisdiction, Registration number, Date of Registration, Business activity, Website (If any), Business experience, Source of Income. Director/Manager details: a) Name and Surname; b) Date of Birth; c) Residential address; d) Information whether Director/Manager is Politically exposed person (PEP) or its relative or close associate or not; e) Information on the right of representation, the name of the document serving as the basis for the right of representation, the date of issue, and the name of the issuer.

3.9.   NordGull Capital shall have the right to refuse from registering a new User on the Website without disclosing the reason for such refusal.

3.10.         The Agreement between NordGull Capital and the User shall be deemed to have been concluded and having entered into force from the moment when the User accepts the current Terms via the Website and NordGull Capital verifies the User.


4.       Rights and Obligations

4.1.   The User undertakes to:

4.1.1.         not use the Website to perform unlawful actions, including for committing a fraud or laundering money;

4.1.2.         only submit correct information when registering on and using the Website;

4.1.3.         appoint and authorise NordGull Capital to manage the user's funds;

4.1.4.         self-calculate and pay the necessary taxes on income. NordGull Capital is not responsible for the user's tax liability. The User is aware and understands that in accordance with the tax legislation applicable to the User and other laws governing return, the return received from the Claim by the User is subject to taxation.

4.2.   NordGull Capital manages the Claims of the User on the behalf of the User. The User appoints and authorises and NordGull Capital undertakes to manage the Claim of the User in the interest of the User but in its own name.

4.3.   NordGull Capital shall manage the Claim of the User separate from its assets. The User shall give NordGull Capital the right to manage the Claim of the User in the name of NordGull Capital but in the interest of the User. The User undertakes not to revoke unilaterally the authorisation given on the basis of the current Terms and the Assignment Agreement.

4.4.   NordGull Capital manages the Claim until it has been executed in full and by acting as the mandatary in accordance with Chapter 35 of the Law of Obligations Act.

4.5.   Any expenses or fees related to the use of the Website shall be paid by the User according to the Website’s price list, and the Website Manager shall hold the right to automatically debit without a need for additional authorization from the User’s side, the expenses and fees from the User’s Investment Account, for the transaction made in relation to which the Website Manager has the right to request reimbursement of expenses or payment of certain fee.

4.6.   The funds transferred to NordGull Capital by the User in accordance with these Terms are defined, for the purposes of § 626 of the Law of Obligations Act, as assets handed over to the mandatary for performance of the mandate.

4.7.   The User undertakes to ensure a sufficient amount of unreserved funds in the User’s Virtual Account in order to duly fulfil their obligations arising from transactions carried out via the Website. Otherwise, the User can not use the services offered via the Website.


5.       Liability

5.1.   If the NordGull Capital suffers damage as a result of unlawful activities carried out by the User, User shall compensate to NordGull Capital all damage.

5.2.   If the User suffers damage as a result of unlawful activities carried out by NordGull Capital, NordGull Capital shall compensate the User only for the direct patrimonial damage. The amount of compensation for damage is limited to the amount on NordGull Capital’s Account at the moment when the damage was incurred.

5.3.   NordGull Capital shall have no liability to the User for any damage that the User has suffered or could have suffered as a result of using the Website.

5.4.   The Company is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in the event that said delay or failure is due to fires; strikes; floods; power outages or failures; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.


6.       Termination

6.1.   You may terminate your account with us for any reason or no reason, at any time, upon notice to us. We may terminate your account with us for any reason or no reason, at any time, with or without notice.

6.2.   NordGull Capital shall have the right to, without prior notice, limit the right of the User to use the Website and/or to terminate the Agreement and delete the User Profile when:

6.3.   the User provides NordGull Capital misleading or incorrect information or forged documents;

6.4.   NordGull Capital has concerns regarding committed or attempted money laundering or terrorist financing by participation of the User or via the User Profile.

6.5.   NordGull Capital shall have the right to terminate the Agreement unilaterally and at any time by submitting a notice of termination to the e-mail of the User at least 14 (fourteen) Days in advance.


7.     In the event of insolvency of NordGull Capital

7.1.   The insolvency of NordGull Capital does not affect the contractual relationship between the User and the Borrower.


8.       Other Provisions

8.1.   All transactions on the Website shall be carried out in euros (EUR).

8.2.   Relationships arising from current Agreement shall be regulated by the legislation of the Republic of Estonia.

8.3.   Any disputes between the Parties regarding the use of the Website and the Terms shall be solved under the jurisdiction applicable according to the effective legislation of the Republic of Estonia in The Baltic Permanent Independent Arbitration.

8.4.   NordGull Capital confirms that the Reservation fee will be held in a NordGull Capital account, which is separated from the NordGull Capital property.


9.       Responsibility

9.1.   If the illegal activities of NordGull Capital are resulting in damage to the User, NordGull Capital reimburse the direct damages incurred to the Users. The amount of compensation is limited to the Reservation fee transferred by the User.

9.2.   NordGull Capital is fully released from its liability in regards to the User for any damages that have been arisen or may arise from the use of the Website or from the purchase of Real estate.

9.3.   The Users conclude transactions in the Website directly and on their own responsibility. The Users have the right to use the contract forms offered at the Website at their own risk. NordGull Capital is not responsible for the possible liabilities arising from the legislation acts that may arise to the Users due to the transactions concluded in the Website.


10.   Restricted jurisdictions

10.1.   NordGull Capital does not provide Services to persons who reside in the countries identified by the FATF as high risk or non-cooperative jurisdictions having strategic AML/CFT deficiencies.

10.2.   NordGull Capital does not provide Services, to persons residing in blacklisted countries.

10.3.   NordGull Capital does not accept transfers to/from an Account at a bank and/or other payment institution incorporated in the territories or possessions or in the Countries identified by the FATF as high risk or non-cooperative jurisdictions. In case the Company knows or suspects or has reasonable grounds to know or suspect that the User became a resident of a country not serviced by the Company, We will immediately close all outstanding positions and suspend the Account in question.


This NordGull Capital general terms are approved 18.12.2019