Company Hypercube Ventures LP (Canada) provides access to the use of the site https://hypercube.vc and its features on the terms, described in this document - official offer (public offer) of Company Hypercube Ventures LP (Canada) about Conclusion of the Service Agreement for unlimited range of physical and / or legal persons (User). The moment of full, without any reservations, User’s acceptance of the offer is a moment of registration on the Administrator Website in accordance with the procedure, provided for in the Agreement.
1.1. For the purposes of this document, the following terms are used in the following meaning:
Administrator - a company Hypercube Ventures LP incorporated under the laws of Canada, Ontario.
Administrator Website - a website located on the Internet at http://www.hypercube.vc.
Project - a project of User, that require an investment or proposal for sale, development of business etc., is placed in the projects base on the Administrator Website.
User - physical or legal person, registered on the Administrator Website as Author (Entrepreneur), who placed description of the project on it. Every User gets personal login and password, Provided by the Administrator.
Authorization — User identification process of analyzing of the data entered by the User; as a result it determines existence of a right to receive the Service.
Agreement – contract between the Administrator and User for provision of services, which is concluded by acceptance of this Public Offer.
Investor - physical or legal person, who expressed interest in implementation of the project through funds deposit in the project, chosen by him on terms determined by the investment agreement.
Information – any information materials, promotional materials, posted on the site by the Administrator or User.
Content – the contents of the Portal pages, including any text, graphics, multimedia, computer programs, images, trademarks, logos, hypertext links, its fragments, other objects placed on a reimbursable and free of charge basis.
Private Account — section for registered Users, which contains all the basic tools necessary to work with the site.
Credentials — the e-mail address of the User, the password, the name or surname, used to access the Administrator website.
1.2. The contract can contain terms that aren’t defined in clause p. 1.1 of the Agreement. In the absence of a clear interpretation of the term in the text of the Agreement, you should be guided by the interpretation of the term with Legislation of England and Wales.
2.1. The subject of this Agreement is provision of services (posting of information about User project in the Administrator website) by the Administrator for Users.
3.1. Services under the Contract are provided to Users registered on the Administrator website.
3.2 The User can be registered after full and unconditional acceptance of all the terms of this Agreement.
3.3. Completion of the User registration is an acceptance of this Public Offer and acceptance by him of obligations on the fulfillment of all the terms of this Agreement.
3.4 The user is responsible for the authenticity and validity of his/her personal data during registration. If the submitted personal data has changed, the User must immediately make the appropriate changes (Service “Private Account”).
3.5 During registration, the User specifies an e-mail address and password, gives access to the website, including to the Private Account.
3.6 At the indicated email address, the User receives a notification about registration and an e-link to the website address for confirmation of his/her registry.
3.7 The e-mail address and the chosen password are means of identification on the website. The Website Administrator isn’t responsible for the safety of data that allows using the created account. All actions that are committed using the account are considered to be committed personally by the User. All information received using the account is considered to be the information, which is used personally by the User or with the consent of the User.
3.8 After completion of the registration procedure, the User will be able to post information about his Project, including other information, provided by this Agreement and the website features.
3.9 The User has the right to delete his account and all contained information at any time by contacting the Website Administrator. The administrator has the right to request additional data, which allows to identify with more accuracy the User as the person, who has the right to dispose of the relevant account. Failure to provide these data is ground for refusing the application.
4.1. The user has the opportunity to post information about the Project by filling out the application, which is placed on the Website by the address http://hypercube.vc/main/add_project
4.2 Information about the Project will be placed in the Project database on the Administrator Website after receiving a positive expert opinion of the Selection Commission within one month from the date of filling out the application.
4.3 Hypercube doesn’t admit to placement projects, that don’t accommodate the interests of registered in Hypercube investors; projects which are at the stage of an idea; or projects related to: Activities, related to the military industry; Tobacco and alcohol industry; Production of substances prohibited by international legal acts; Gambling establishments; Products or processes that damage the environment.
5.1. The Administrator undertakes:
5.1.1 To provide the User with round-the-clock access to the Website in accordance with the terms of this Agreement with the exception of periods of suspension of the Website under p.5.2.1 of the Agreement.
5.1.2 To ensure the functioning and workability of the Website and promptly restore its workability in the case of technical failures and interruptions.
5.1.3. Ensure confidentiality of information provided by the User to the Administrator in accordance with the terms of the Personal Data Protection Agreement.
5.2 The Administrator has the right:
5.2.1. To temporarily suspend the provision of services to the User because of technical or other reasons impeding the provision of services, at the time of elimination of such reasons.
5.2.2. To suspend the provision of services and/or terminate ahead of schedule this Agreement in unilateral non-judicial procedure by notifying the User in cases of repeated violations of the User’s obligations and / or guarantees accepted in accordance with this Agreement.
5.2.3. Provide data of completed application about the User’s Projects for the expertise of the Project Selection Commission.
5.2.4. To check the information placed for free access for compliance with the requirements of this User Agreement and in case of identifying of information mismatch to bring it into line with the requirements of this Agreement, to prohibit the placement or stop posting information. All responsibility for such use and any consequences of such use, as well as for the content of the Information placed by the User and its compliance with the requirements of the legislation, lies with the User.
5.2.5 In the case of termination of this Agreement or termination of the provision of services to the User, the Administration can at any time without prior notice and agreement with the User delete all User data on the Website without the possibility of its recovery. Administration is absolved from any responsibility related to User Data.
5.3 The User undertakes to:
5.3.1 To refer to the provisions of this Agreement before registration on the Website.
5.3.2 To abide by the terms of this Agreement.
5.3.3 In preparing, creating, changing of the information on the Website, comply with all the requirements of the Administrator required in this Agreement.
5.3.4 To provide other information during 1 working day from the time of the Administrator’s request, necessary for him for provision of services.
5.3.5 Don’t impart Credentials to third parties.
5.3.6 Don’t use Credentials of third parties.
5.3.7 To immediately inform the Administration of unauthorized access to the Account settings, unauthorized access and/or use of the User’s password and login.
5.3.8 Refrain from posting, distributing, or using of any other information that contains threats, discredits, offends, defames the honor, dignity or business reputation of third parties, violates the privacy of others; is vulgar or obscene, contains obscene language, contains pornographic images and / or texts, scenes of a sexual nature involving juvenile or cruelty to animals; contains a description of means and methods of suicide, any incitement to commit it; promotes and / or contribute to racial, religious, ethnic hatred or feud, promotes fascism or other ideology of racial superiority; contains materials of an extremist nature; promotes criminal activity or contains advices, instructions or manuals on the commission of criminal acts, contains information of limited access, including state, trade secrets, information about the private life of third parties; сontains advertising or describes the attractiveness of drug use, information on the distribution of drugs, recipes for their making and advices on the use; contains information about network marketing; is fraudulent, violates other rights and interests of citizens and legal entities.
5.3.9 To refrain from illegal collection and processing of personal data of other Users.
5.3.10 To refrain from sending spam and advertising messages to other Users.
5.4 User has the right:
5.4.1. To place an unlimited number of Projects on the Website in the order and in accordance with the terms, established by this Agreement.
5.4.2. Change information posted for free access in compliance with all the requirements of the Agreement.
6.1. All the results of intellectual activity used and posted on the Website, as well as the Website, are the intellectual property of their legal owners and protected by international multilateral treaties on the protection of copyright and other objects of intellectual property right.
6.2. Content, as an object of intellectual property, can’t be copied (reproduced), reworked, distributed or used fully or partly, without consent of the copyright holders.
6.3. Intellectual rights to all software components on the basis of which the services and functions of the Website work, the design of the pages, the signs for goods and services, as well as the materials posted by the Website Administrator, belong to Hypercube Venture LP and can not be used without the written consent of authorized persons of the specified legal person.
6.4 Content, the rights to which belong to the Administrator, can not be used without the written consent of the Administrator unless otherwise provided for the placement of such Content.
7.1. Registration on the Website and submission of information about the Projects is free of charge.
8.1. This Agreement can be changed/updated by the Website Administrator unilaterally without any special notification. In this regard, Users are encouraged to regularly check the terms of this Agreement. Continued use of the site after amendment/making the additions means agreement of the User with such changes/additions.
8.2 The agreement and amendments to it enter into force from the moment of posting on the Internet at https://hypercube.vc and are valid until the moment of withdrawal by the Administration.
8.3. The Administrator reserves the right to amend the terms of the Agreement, the Mandatory documents; and/or withdraw the Agreement, terminate any of the Mandatory Documents at any time at its discretion.
9.1. The agreement can be terminated:
9.1.1. By mutual agreement of the Parties at any time.
9.1.2. On other grounds provided for in this Agreement or English contract law.
10.1. For a violation of the terms of the Agreement, the Parties are responsible under this Agreement and the laws of England and Wales.
10.2. The parties are exempted from responsibility for partial or complete non-compliance of obligations under this Agreement, if this non-compliance was a consequence of insuperable circumstances that arose after the conclusion of the Agreement, if non-compliance of obligations by the Parties under the Agreement was a consequence of an extraordinary nature events, which the Parties could not foresee and prevent with reasonable measures. The insuperable circumstances include events on which the Party can not influence and is not responsible, including: war, insurrection, strike, earthquake, flood, other natural disasters, fire, power supply failures, that are not caused by actions of the Parties, actions of the authorities, passed after conclusion of the Agreement and making accordance with obligations, established by this Agreement, impossible, and other unforeseen circumstances and uncontrolled events or things, but not limited to the specified one.
10.3 User is responsible in full for reliability of the information specified by him/her during registering on the Administrator Website.
10.4. The User undertakes to resolve on his/her own disputes and settle claims of third parties as to the information, in the regard with its placement by the Agreement or pay damages (including court expenses) caused to the Administrator in regard with claims and suits, the grounds for presentation of which was placement of User Information under this Agreement.
10.5. In a case of a violation of the Agreement terms by User Administrator has the right to suspend provision of the services to the moment of elimination of User violations and compensation of the damages caused by such violation in full to Administrator and/or terminate the Agreement with sending the appropriate notice to the User at the e-mail address, specified at the registration.
10.6 The Administrator doesn’t give explicit and implied guarantees of obtaining financing by the User. All information and materials are provided by the User on his/her own and are published on the Website under conditions “As Is”. At the same time, the Administrator will make every possible effort to prevent unscrupulous users from using the Website.
10.7 The Administrator is not responsible for any errors, misprints and inaccuracies that may be found in the materials posted on the Website by Users. The Administrator makes all necessary efforts to ensure the accuracy and reliability of the information provided on the Website, but can not guarantee that the information posted by the User is true, and financial calculations will not require adjustments.
10.8 The information materials presented on the Website have a reference nature and can not be considered as a guarantee of the availability of the described properties and characteristics of the project.
10.9 The user is responsible on his/her own for the safety and confidentiality of the registration data (login and password). All actions made regarding the information posted by the User using the User’s login and password are considered implemented by the User. The user is responsible on his/her own to third parties for all actions implemented using the User’s login and password. The Administrator is not responsible for unauthorized use of the registration data of the User by third parties.
11.1. During choosing a Project by Investor and making investments in the Project by him, the Administrator and the User enter into a separate agreement, which will regulate terms of the Project maintenance.
11.2. The Agreement, its conclusion and execution is governed by English contract law. All issues not regulated or not completely regulated by the Agreement are governed by English legislation.
11.3. Any notifications under the Agreement may be sent by one Party to the other Party:
1) By e-mail, considering the address of the User specified during registering and e-mail address of the Administrator specified in the Requisites.
2) By Private Account of User;
11.4. In case if one or more Agreement terms are for any reason invalid or illegal, such invalidity does not influence the validity of any other term of the Agreement that remains in force.
11.5. Any dispute arising out of or in connection with this Agreement, including any issue about the existence, validity or termination of this Agreement must be referred to the London International Arbitration Court in accordance with the LCIA Regulations, which is a part of this disclaimer
A number of arbitrators - three
The place of arbitration proceedings - London, England. The language of arbitration proceedings - English. The law governing this Agreement is the substantive law of England and Wales.
11.6. By accepting this Public Offer, the User gives his unconditional consent to the use and processing of his personal data and the Administrator in the use and processing of the User’s personal data undertakes to act in full compliance with the Data Protection Act (UK) 1998.
Investments in projects in the early stages of development are connected with a high level of risk. This notice describes the most common types of risk, their list, however, is not exhaustive.
The Company is not responsible for losses incurred by the Client as a result of economic risks:
1.1. Price risk is the risk connected with financial losses of investors because of adverse changes in price of instruments in the finances or objects of investment;
1.2. Instability of financial markets - decrease in liquidity of financial instruments, subject and objects of investments and impossibility of their realization.
2.1. The risk of financial losses by reason of the entry into force of new or changing regulatory legal acts. Legal risk also includes the possibility of the Investor's financial loss due to the absence or ambiguity of regulatory legal acts, directly or indirectly regulated activities in the securities market.
3.1. The client is responsible for the risks connected with software, telecommunications equipment and other technical problems;
3.2. The client is responsible for storing of passwords and must be convinced that third parties will not have access to the Private Account;
3.3. The Client is aware that information transmitted in not encrypted form (via email, instant message service) is not protected from unauthorized access.
The Company is not responsible for losses incurred by the Client as a result of force majeure: military actions, terrorist acts, natural disasters, exchange intervention, decisions of the authorities and administrative bodies.