Terms & Conditions CGift AG

General Terms and Conditions of CGift AG for the use of the platform (platform usage contract)

Status: 29.07.2020

CGift AG with its registered office in Hamburg, business address at Schopenstehl 22, 20095 Hamburg, Germany (hereinafter also referred to as "CGift") operates the platform "www.cgift.io" (hereinafter also referred to as the "Platform"). The Platform enables Visitors to retrieve the information provided on cryptocurrencies and to sign up with partner companies of CGift. After registering as a User, the uses has the option to open an account with one of the supported business partners in order to purchase gift cards which can be redeemed for cryptocurrencies. During the relationship with the user, CGift does not offer any advise on investment brokerage of financial instruments, does not sell gift cards and is not delivering cryptocurrencies to the user.

The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between CGift and the (potential) user.

  1. Definitions

For the purposes of these General Terms and Conditions ("GTC"), the following definitions shall apply in addition to the terms defined in the text:

  • "Visits"/"Visitor to the Platform": every unregistered visitor to the Platform
  • "Users"/ "Users of the platform": Visitor of the platform who has successfully registered.
  • "Business Partner": Company that uses the technology solution provided by CGift to offer its services.
  • "Online sales": the brokerage via a sales channel that runs on the Internet.
  • "Gift card": a gift card that can be deemed for cryptocurrencies such as Bitcoin.
  1. Scope of application

The legal relationship for the use of the platform between CGift and the users of the platform is governed exclusively by the following provisions of these GTC. Successful registration creates a contractual relationship between CGift and the users of the platform in accordance with these GTCs regarding the use of the platform ("platform usage contract"). The platform usage agreement enables the user to take note of the content displayed on the platform for his/her own information purposes. Any investment brokerage or purchase of a gift card is not subject matter of the platform usage agreement. An investment brokerage is not affected with CGift but with one of its business partner, if the customer wants to use the services provided by the business partner.

  1. Registration

CGift's platform enables its visitors to obtain information about cryptocurrencies that are supported by the business partner. For further use of the platform visitors to the platform must register as a user with one of the business partners by truthfully providing the requested personal data. Natural persons are only permitted to register if they are at least 18 years of age and have unlimited legal capacity. Legal entities may only be registered by their authorised representatives. Registration is mandatory with clear names and complete address information. Multiple registrations are not permitted. A legal claim to registration does not exist.

CGift can, at its own discretion, refuse registration without giving reasons and can also terminate the platform usage contract in accordance with the General Terms and Conditions.

After registration on the platform, CGift will send a confirmation e-mail to the e-mail address provided by the user. Registration is not completed until the activation link in the email is confirmed. Registration with incorrect data is not permitted and can lead to exclusion from the platform.

CGift reserves the right to delete without prior notice registrations that were created with one-time email addresses (so-called "disposable email addresses") as well as registrations that were not activated within four months after creation. Users of the platform are obliged to keep the information provided during registration up to date at all times during the period of their registration.

  1. Use of the platform

CGift makes the online mediation platform available to the user free of charge. The user is solely and fully responsible for protecting his access data for the platform from misuse and not making them available to third parties. Users of the Platform are obligated to notify CGift immediately of any third-party knowledge of their password and any misuse of their account. CGift reserves the right to exclude users temporarily or permanently from using the platform if it suspects misuse of the platform by the user or by third parties.

The user also bears the obligation to always keep the data created from his user profile in a truthful and current state and to protect access by third parties.

The communication channel between the user and CGift within the framework of the platform usage agreement consists of telephone, fax, postal letter, SMS, email and online contact forms primarily in English, unless a special communication channel is prescribed or necessary in individual cases.

As far as CGift offers links on the platform to third party websites with foreign content, this foreign content was checked at the time of the first linking to see whether it would trigger civil or criminal liability. It cannot be ruled out that the contents may be changed by the respective providers afterwards. CGift does not constantly check the contents of the linked websites for changes that could give rise to new responsibilities. Users of the platform are recommended to inform themselves about the applicable terms and conditions and the data protection notices of the respective providers on the forwarded/linked pages.

  1. Availability of the platform

CGift strives to achieve comprehensive availability of the platform within the framework of what is technically and economically reasonable. For technical reasons, however, users of the platform cannot be granted a claim to constant availability at all times. In particular, maintenance, security or capacity reasons as well as events beyond the control of CGift can lead to the temporary suspension of the services offered and the availability of the platform. CGift assumes no liability for technical difficulties experienced by users of the platform or by third parties. CGift reserves the right to temporarily restrict access to the platform at any time if this is necessary with regard to capacity limits, the security of CGift's systems, the implementation of technical measures or for other important reasons.

In the event of maintenance or repair work being carried out, the user will be informed in an appropriate manner of the limited accessibility of the platform. A limitation of the accessibility and use of the platform can be triggered by the individual technical equipment of the user and quality. It is the responsibility of the User to create the technical framework conditions for the User to be able to reach the platform without restrictions. In order to use the platform, appropriate settings on the user's computer or mobile phone may also be required, e.g. allowing the storage of cookies. CGift is not liable for damages and other consequences that may result from a limited availability or a failure of the availability of the platform.

  1. Data protection and confidentiality

The collection, processing and use of personal data within the scope of registration is carried out in strict compliance with data protection regulations. Further information on this can be found in the data protection information under Data Protection, available at https://cgift.io/privacy-policy/. Users of the platform must treat the contents of the concluded financing agreements as confidential. CGift only makes the data provided by users available to other visitors/users if the user of the platform has given his or her consent and the data does not violate legal regulations or the GTC. CGift reserves the right to randomly check the data and/or information and documents of users of the platform.

  1. Liability

CGift is liable to the user/investor without limitation for injury to life, limb or health and for damages resulting from the intentional or grossly negligent violation of his contractual obligations from the platform usage contract. Furthermore, CGift is only liable in cases of slight negligence in the event of a breach of essential contractual obligations, i.e. the breach of obligations whose fulfillment is essential for the proper execution of the platform usage contract and on whose compliance the contractual partner may regularly rely ("cardinal obligation"). In the case of a slightly negligent breach of a cardinal obligation, the liability of CGift is limited to such typical damages and/or such a typical scope of damages that were foreseeable at the time of the conclusion of the contract. The aforementioned limitations of liability also apply in the case of the fault of a vicarious agent of CGift as well as for the personal liability of the employees, representatives and organs of CGift.

  1. Final provisions

CGift reserves the right to change these terms and conditions at any time and without giving reasons with effect for the future. Registered users of the platform will receive the amended GTCs by e-mail no later than four (4) weeks before they come into effect. CGift will also draw attention to the amendment of these GTCs on the platform itself. If registered users of the Platform do not object to the validity of the amended GTCs within four (4) weeks of receiving notification of the amendment to these GTCs, the amended GTCs are deemed to have been accepted by them. CGift will separately inform registered users of the Platform of the legal consequences of silence in the notification of the change to these GTC.

These GTC and the legal relationship between CGift and the users are subject to the laws of the Federal Republic of Germany. The statutory place of jurisdiction applies. Should individual provisions of these GTC prove to be invalid or unenforceable, the validity of the remaining provisions of the GTC shall not be affected.