Términos de uso de PLC Wallet App


General Terms of Use of the PLC Wallet App

 

PlatinGenesis Asia Limited, Unit 2512, 25/F, LanghamPlace Office Tower, 8 Argyle Street, Mongkok, Hong Kong, business address the same, email address: support@platin-genesis.com (hereinafter: Platin Genesis) offers the so-called PLC Wallet App for download on mobile terminal devices as well as for use on a desktop. The following terms of use regulate the use of this app provided by PLC in the AppStores (hereinafter: PLC Wallet App). Prior to using the PLC Wallet App, you (hereinafter also: the User) are obligated to declare your express consent with these terms of use as a component of the user agreement for the PLC Wallet App. The conclusion of a contract is possible only if you to have reached the age of 18 or are fully competent.

 

Sec.1 Subject matter of the agreement, scope of application

(1)  PLATINGENESIS is an innovative undertaking providing with its PLC Wallet App an application to its community that can be used in combination with the PLC Farm software provided by PLATIN GENESIS. The User by connecting the PLC Wallet App to PLCFarm is able to generate the cryptocurrency PlatinCoin. For this purpose, the User after completion of the payment process with PLC Farm must install the PLC WalletApp, create a valid PLC wallet address, and link it to its PLC Farm. By linking this software and infrastructure, new PlatinCoins are generated for the User in the PlatinCoin blockchain through these so-called minting process.

(2)  Through the PLC Wallet App, the User can control the process of generating PlatinCoins, view its current balance of PlatinCoins, and dispose of its PlatinCoins: the User can receive and transfer PlatinCoins to another cryptocurrency wallet.

(3)  The User is not entitled to the conclusion of the user agreement. PLATIN GENESIS is authorized to modify and adapt the functions and services of the PLC Wallet App at any time without prior announcement, in particular in case of technological developments.

(4)  ThePLC Wallet App can be downloaded from the App Store and/or the Google Play Store. The corresponding terms of the respective third-party provider apply to the download of the app through one of these third-party providers.

(5)  Any regulations or general terms and conditions of the User deviating from these general terms of Use apply only if PLATIN GENESIS has previously consented to such inwriting.

Sec.2 Technical requirements; server availability

(1)  A mobile terminal device is necessary to use the PLC Wallet App, which must fulfill certain system requirements. PLATIN GENESIS is not responsible for compliance with the system requirements. Exclusively the User is responsible for such.

(2)  Platin Genesis provides the PLCWallet App within the scope of its technical and operational possibilities with an annual average availability of 90% (ninety percent). Excluded herefrom are downtimes during which the use of the PLC Wallet App is interrupted or restricted for compulsory technical reasons or necessary maintenance work without Platin Genesis being responsible for such pursuant to the provisions of this agreement. Periods in which the servers of the PLC Wallet App cannot be reached on the Internet due to technical or other problems that are not within the scope of responsibility of Platin Genesis (force majeure, third party fault, etc.) are also not included. In order to use the PLC Wallet App to the full extent, you must use the respective most up to date (browser) technologies. The use of the PLC Wallet App by Platin Genesis may be limited if you use older or not commonly used technologies.

 

Sec.3 Participation obligations; other obligations of the User

(1)  When using the app, the User is obligated to observe due diligence obligations necessary for use. The User is in particular obligated to regularly back up its data so that such can be recovered in the event of a loss.

(2)  Within the scope of registration for access to use the PLC Wallet App, the User is responsible for for keeping its password, private key, and transport pin code inaccessible to third parties. The User accepts full responsibility for any actions performed with the use of its access information.

(3)  The User is not authorized to provide access information to a third party for use. The use of an account by third parties constitutes good cause for permanent blocking of the User without requiring prior warning. In the User’s own interest, the User is encouraged to immediately inform PLATIN GENESIS of any third party gaining knowledge and of any abusive use of its account.

(4)  PLATIN GENESIS reserves the right to reject registrations at its own discretion without stating reasons.

 

Sec.4 Utilization and copyrights

(1)    The use of certain content or functions of the PLC Wallet App may be subject to special conditions.

(2)    The content offered through thePLC Wallet App is copyright protected. PLATIN GENESIS provides such exclusively for the User’s own non-commercial purposes. The User acquires the simple, nonexclusive, limited utilization right that is not transferable to third parties for the use of the services brokered through the PLC Wallet App as well as the brokered content. The utilization right permits access to and research within the brokered services.

(3)    Any use exceeding such is excluded and requires the prior written separate approval by PLATIN GENESIS. The content may in particular not be modified, copied, republished, transferred, disseminated, or stored without PLATIN GENESIS’ approval.

(4)    Distributing the PLC Wallet App or otherwise transferring such to third parties (including leasing, renting, loaning, or sublicensing) is not permitted. Furthermore, modifying, reverse engineering, decompiling, disassembling the program code of the app or parts thereof or determining the source code in any other manner and creating works derived from the app is also prohibited.

 

Sec.5 Cancellation right for in-app purchases

(1)  Insofar as the User concludes so-called in-app purchases with PLATIN GENESIS (and not with the marketplace operator like Google or Apple) through the Wallet App, then the User vis-à-vis PLATINGENESIS itself is entitled to a statutory cancellation right, which is explained in paragraph (2) below. The exceptions from the cancellation right are stipulated in paragraph (3). Paragraph (4) is a sample cancellation form.

(2)  Cancellation information

Cancellation right

You have the right to cancel this contract within 14 days of withoutstating reasons. The cancellation period is 14 days as of the date of conclusion of the contract. To exercise your cancellation right you must inform us (Platin Genesis Asia Limited, Unit 2512, 25/F, Langham Place Office Tower, 8Argyle Street, Mongkok, Hong Kong, email: support@platin-genesis.com) with a clear declaration (e.g. a letter dispatched with postal mail, fax, or email) of your decision to cancel this contract. You may use the enclosed sample cancellation form, which however is not mandatory. Dispatching the notification regarding your exercise of the cancellation right prior to the expiration of the cancellation period suffices for compliance with the cancellation period.

Consequences of cancellation

If you cancel this contract, then we are obligated to repay to you all payments which we received from you immediately and no later than within 14days as of the date on which the notification regarding your cancellation of this contract was received by us. For such repayment we shall use the same means of payment used by you in the original transaction unless something else was expressly agreed with you; we will not charge any fees to you for repayment.

(3)  The right to cancel a purchase through the PLC Wallet App is void if PLATIN GENESIS has commenced with the execution of the contract, i.e. with making the chargeable functions of the app available after the User expressly consented that the provider commences with the execution of the contract prior to expiration of the cancellation period and has confirmed the understanding that the User voids its cancellation right by consenting to the commencement of the execution of the agreement.

(4)  Sample cancellation form

(If you wish to cancel the contract, please fill in this form and return it to us.)

— To: support@platin-genesis.com or to Platin Genesis Asia Limited, Unit 2512, 25/F, Langham PlaceOffice Tower, 8 Argyle Street, Mongkok, Hong Kong
— I/we  (*) herewith revoke the concluded contract regarding the purchase of the following goods(*)/the provision of the following service (*)
— Ordered on (*)/received on  (*)
— Name of the consumer(s)
— Address of the consumer(s)
— The email address of the consumer(s) registered with PLATIN GENESIS

— PLATIN GENESIS reference link of the consumer(s)
— Signature of the consumer(s) (only in case of hardcopy notification)
— Date
(*) Delete as applicable

 

Sec.6 Guarantee; liability

(1)     PLATIN GENESIS does not accept any guarantee for the accuracy, topicality, and correctness as regards the content of the content and selection provided with the PLC Wallet App.

(2)     PLATIN GENESIS does not accept any guarantee for the PLC Wallet App or the content conveyed therein being compatible with the hardware and software of the mobile terminal device of the User. PLATIN GENESIS furthermore does not accept any guarantee that this content is available at any time or at specific times without limitations or meets specific service and functionality requirements.  

(3)     PLATIN GENESIS reserves the right to discontinue the offer of PLC Wallet App or the content brokered through it either in full or in part, temporarily or permanently.

(4)     PLATIN GENESIS is not liable for damages arising on the basis of errors, delays, or interruptions in the transmission, interferences of technical systems and services, inaccurate or incomplete data, viruses, or in any other way in the use of the PLC Wallet App unless such are based on intent or gross negligence.

(5)     PLATIN GENESIS is responsible only for content created, published, or disseminated by PLATIN GENESIS itself.

(6)     The content of external websites that can be reached through hyperlinks from the PLC Wallet App is third-party content over which PLATIN GENESIS has no influence and for which no guarantees are accepted.

(7)     PLATIN GENESIS is liable for defects in title and material for any legal ground whatsoever only insofar as PLATIN GENESIS has fraudulently hidden the respective defect in title or material. For the rest, PLATIN GENESIS, its statutory representatives, and vicarious agents are liable only on the basis of the provision of the PLC WalletApp free of charge only in the event of willful or grossly negligent misconduct or in the event of culpably caused damages arising from the violation of life and limb to compensation of a possibly incurred damage. Claims under the product liability act remain unaffected.

 

Sec.7 Data protection

The privacy notice of PLATINGENESIS applies and is available at the following link: Privacy notice.

 

Sec.8 Agreements with third parties

PLATIN GENESIS from time to time will conclude agreements with third parties representing external service providers and providing software/technology/IT for products or services for PLATINGENESIS and the users. You are obligated to comply with the terms and conditions of these third parties insofar as such are available on the PLC WalletApp or are linked to the respective website of the third party. These terms and conditions may change at any time. You will be notified in advance of any change.

 

Sec.9 Changes of the terms of use

(1)  PLATIN GENESIS reserves the right to update, modify, or supplement the present General Terms of Use from time to time; the respective most recent version of the Terms of Use is available on our website and/or in the app stores.

(2)  Possible changes to existing Terms of Use are commonly performed due to the addition of new features or changes inlaws or applicable regulations.

 

Sec.10 Applicable law; jurisdiction

The law of the domicile of PlatinGenesis applies to the exclusion of the UN convention on contracts for the international sale of goods. Compulsory provisions of the state in which the User’shabitual residence is located remain unaffected.

Sec.11 Miscellaneous

(1)  In the event that individual provisions of these Terms of Use shall be or become invalid or unenforceable, this does not affect the validity of the remaining terms.

(2)  Dispute resolution information: the EU commission under http://ec.europa.eu/consumers/odr  provides a platform for the online dispute resolution. We are however neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

 

 

Status of the General Terms of use: 27 November 2019