GENERAL TERMS AND CONDITIONS
Welcome to Platin GenesisAsia Limited. The Internet platform and the offered services are offered by PlatinGenesis Asia Limited, Unit 2512, 25/F, Langham Place Office Tower, 8 ArgyleStreet, Mongkok, Hong Kong (hereinafter: Platin Genesis).
We reserve the right to update these GTC from time to time. Such updates will be applicable immediately upon publication on the website. You are responsible for regularly reviewing these GTC.
1. Subject matter of the agreement
(1) Platin Genesis is an innovative undertaking informing its community of the handling of innovative fintech free of charge. Platin Genesis furthermore offers a highly sophisticated and novel concept of a decentralized network server farm for minting blockchain-based digital information units tradable within the Platin Genesiscryptosystem (so-called crypto coins). Within the scope of this activity, PlatinGenesis provides to its customers chargeable server capacities and/or proprietary, specially developed products for the minting of crypto coins as well as other products associated therewith, which can be used upon conclusionof a separate agreement with Platin Genesis.
(2) Additionally, you can also register as a distribution partner without any obligation to start distribution activities for Platin Genesis.
(3) You will be informed of the content of the respective chargeable order, prices, andpayment terms separately prior to ordering a chargeable service or otherconclusion of a chargeable contractual relationship. Upon pressing the bindingorder button, e.g. “lease against payment” or “order now against payment” youdeclare in a binding manner that you intend to conclude a contract for thechargeable service chosen by you. The contractual relationship then is established upon email confirmation of the order by Platin Genesis.
2. Registration on the PlatinGenesis website
(1) You must register on the website in a first step before being able to use the services of Platin Genesis. Registration is free of charge. The data and technical actions required for registration or for the later completion of the registration must be disclosed in full and truthfully.
(2) During the registration process you must choose an email address and a password. By pressing the button“register free of charge” you declare that you intend to conclude a utilization agreement for the gratuitous use of the Internet platform. The contractual relationship in this regard is established upon email confirmation of the registration by Platin Genesis, which also includes access information. After receiving access information, you can create your profile on the website and have access to the offers of Platin Genesis. The conclusion of a contract is possible with legal persons, partnerships, or natural persons who have or whose responsible persons have reached the age of 18 (or the age required for the conclusion of valid contracts in the country in which a person resides).
(3) Platin Genesis reserves the right to request verification of age and identity within the scope of a KYC process.
(4) You are fully responsible for the legality and accuracy of the data disclosed upon registration.
(5) Wrong information provided with intent and/or fraudulent intent may result in consequences under civil law. Platin Genesis in this case furthermore reserves the right to block profiles and accounts of users who disclosed wrong information with intent and/or fraudulent intent and to terminate the user agreement with extraordinary notice and to refuse any disbursements.
(6) You may create only one profile. Registered users cannot register again as a new customer or with a new email address. In the event that a user creates multiple profiles, the user must choose one and all other profiles will be deleted by Platin Genesis. The creation of multiple profiles is a good cause for permanent blocking of the user without prior warning.
(7) You are obligated to immediately report changes of your user data, in particular changes of your bank information and email address, to Platin Genesis. In the event that you do not meet this obligation, you are obligated to bear the resulting damages yourself.
(8) You are not authorized to grant access to your profile and to your access information to a third party. The use of your account by third parties is a good cause for permanent blocking of the user without requiring a prior warning. It is in your own interest to immediately inform Platin Genesis of any third parties gaining knowledge and of any abusive use of your online account.
(9) You are free to choose your username and your password during registration. You are obligated to keep the password secret. If you become aware of unauthorized use of your password, then you are obligated to immediately inform Platin Genesis at firstname.lastname@example.org. In the event that you forget your password, you can recover it with the help of the provided recovery process (email to the email address disclosed by you).
(10) Platin Genesis reserves the right to reject applications at its own discretion and without stating reasons.In the event that Platin Genesis rejects your application, all monetary amounts transmitted by you to the payment processor will be returned to you within 6weeks.
3. Customer’s obligations
(1) You are prohibited from infringing upon third party rights, harassing third parties, violating applicable law or common decency while using the Internet offer of PlatinGenesis. You are in particular obligated to refrain from the following:
- Disseminating statements with offensive, harassing, violent, violence glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise offensive or prohibited content;
- Insulting, harassing, threatening, scaring, slandering, embarrassing other customers, employees, or distribution partners of Platin Genesis;
- ·Datapiracy, forwarding, or distributing personal or confidential information of other customers, distribution partners, or the employees of Platin Genesis or other violation of the privacy of other customers, employees, or distribution partners of Platin Genesis;
- Disseminating untrue statements regarding race, religion, gender, sexual orientation, origin, social status of other customers, employees, or distribution partners of Platin Genesis;
- Data piracy, forwarding, or distributing confidential information of Platin Genesis;
- Disseminatinguntrue allegations about Platin Genesis;
- Pretending to be an employee of Platin Genesis or an affiliated company or partner of PlatinGenesis;
- Using legally protected images, photos, graphics, videos, compositions, sounds, texts, logos, titles, designations, software, or other content and symbols without the consent of the owner or owners of the rights or authorization on the basis of a contract, law, or legal regulation;
- distributing statements with advertising, religious, or political content;
- using prohibited or illegal content;
- exploiting errors in the programming (so-called bugs);
- taking measures that may result in an undue burden on the servers and/or may significantly affect the process for other customers;
- hacking or cracking as well as promoting or instigating hacking or cracking;
- distributing counterfeit software as well as promoting or instigating the distribution of counterfeit software;
- uploading files containing viruses, trojans, worms, or corrupted data;
- using or distributing auto software programs, macro software programs or other cheat utility software programs;
- modifying the service or parts thereof;
- using software that allows so-called data mining or intercepts or collects information associated with the service in any other way;
- interrupting transmissions from and to the service servers and website servers;
- penetrating the service servers, data servers, or website servers.
(2) Platin Genesis refers to its a domiciliary right regarding the use of its Internet offer and expressly reserves the right to immediate blocking and extraordinary termination of the online account and user agreement insofar as one of the obligations regulated in (1) is violated or applicable law regarding use is violated.
4. Termination of contract
(1) Platin Genesis upon the existence of good cause giving rise to immediate extraordinary termination is authorized without prior warning to terminate the user agreement at any time without notice and to block your profile, whereby the termination may also affect contracts regarding the chargeable lease of server capacity. Good cause in terms of sentence 1 is, in particular:
- particularly serious infringement of the GTC
- fraudulent or other particularly serious unlawful activities in the use of the offer of Platin Genesis
- transmission of wrong or misleading information to Platin Genesis
- fraudulent, illegal, or otherwise abusive use of offers of Platin Genesis
- causing damage and otherwise damaging Platin Genesis or other customers or distribution partners of Platin Genesis
- unauthorized distribution, reproduction, publication, or other use or processing of the training material (e.g. upload to YouTube, etc.)
(2) You are authorized to terminate your user agreement at any time; the transmission of proper termination by email to email@example.com suffices for valid receipt of the termination and your profile will be deleted in the Platin GenesisCommunity.
5. Server availability
6. Liability exclusion, other liability
(1) PlatinGenesis cannot be held liable for wrong information in your application. From this follows that Platin Genesis does not accept any liability for the accuracy of this information and your content saved at Platin Genesis constitutes third-party information in terms of the applicable Telemedia law.
(2) With reference to the risk warning of Platin Genesis, Platin Genesis furthermore is not liable for the desired success the customer wishes to achieve based on the use of the Internet platform, the products of Platin Genesis.
(3) Insofar as Platin Genesis provides computer programs (e.g. the e-wallet) on its internet offer, the use of the software is at your own risk. Platin Genesis is not liable for damages arising from the installation and/or use of the software from the download area insofar as this is legally permissible. Despite-to-date virus scan, liability for damages and impairment by computer viruses is excluded within the scope of statutory provisions. Platin Genesis is furthermore not liable for defects in the quality of access to the service based on force majeure or based on events that are not within the scope of responsibility of Platin Genesis. Platin Genesis is furthermore not liable for third parties gaining knowledge of your personal data without authorization(e.g. by unauthorized access of hackers to the database).
(4) For the rest, Platin Genesis is liable for damages excluding damages to life and limb only insofar as such are based on willful or grossly negligent conduct or culpable infringement of an essential contractual obligation (e.g. delivery to the customer) by Platin Genesis, its employees, or vicarious agents. This also applies to damages arising from the violation of obligations in contractual negotiations as well as the execution of tortious acts. Any further liability for compensation of damages is excluded.
(5) With the exception of the violation of life and limb or willful or grossly negligent conduct of PlatinGenesis, its employees or vicarious agents, liability is limited to damages typically foreseeable upon conclusion of the contract and for the rest limited to the amount of average damages typical for this type of contract. This also applies to indirect damages, in particular lost profit.
(6) Platin Genesis is not liable for damages of any kind arising on the basis of data losses on computer servers, with the exception of grossly negligent or intentional misconduct of PlatinGenesis, its employees, or vicarious agents. Your stored content constitutes third-party information for Platin Genesis in terms of the Telemedia Act. Links are available on the Internet offer of Platin Genesis. Platin Genesis upon the initial linking reviewed the content under the respective link for unlawful content. Platin Genesis is not responsible for third party content available through links. If Platin Genesis finds or is informed that a linked offer features unlawful content, this link will be deleted.
7. Data protection
a) Trademark and copyright law
(1) In the relationship with you, Platin Genesis is the sole holder of all rights regarding reproduction, distribution, processing, and all copyrights as well as the sole holder of the right to nonphysical transfer and production of the PlatinGenesis website as well as the contents contained therein, of other developed services, and protective rights. The use of all rights and the contents, materials, as well as brand and trademarks contained therein (e.g. the designation Platin Genesis and the associated logo), is permitted exclusively for the purposes listed in these GTC. The use without express authorization by Platin Genesis represents a violation of these GTC and may result in a blocking or deletion of your profile including all services.
(2) You retain all rights to the content uploaded by you (e.g. in the Platin Genesis community) and bear sole responsibility. With regard to this content, Platin Genesis receives only the rights necessary in connection with the publication and use of the content on the Platin Genesis platform.
(3) Infringements of the copyright, trademark, and other ancillary copyrights are pursued by PlatinGenesis and Platin Genesis reserves the right to delete or deactivate, at its own discretion, any content for which a corresponding violation was reported and to block the profiles of repeat offenders.
b) Prices and fees
(1) Registration and creation of a profile at www.platincoin.comis free of charge.
(2) Prices and fees are paid through online payment service providers or remittance from the user’s own-wallet. You are obligated to bear any payment processing fees or possible expenses in connection with exchange rate conversions. The payment service providers are enterprises that are independent of Platin Genesis. PlatinGenesis does not accept any responsibility for their services and possible damages or claims arising therefrom.
(3) Insofar as you make payments to Platin Genesis (e.g. within the scope of the acquisition of products), Platin Genesis shall accept those only if they are paid by your own person for your own account. Payments to Platin Genesis on your behalf by third parties are not possible (prohibition of third-party payments). In individual cases, Platin Genesis may approve third-party payments; you are obligated to obtain an exemption from Platin Genesis prior to initiating payment through the third party.
(с) Notifications and messages
Notifications by PlatinGenesis are disclosed through the official notification channels of the enterprise or to the email address disclosed by you upon registration. You are responsible for keeping your contact information up to date at any time.
(d) No guarantees/modification, restriction of services of Platin Genesis/transfer to third parties
(1) Your access to the website and the services of Platin Genesis is at your own risk.
(2) Platin Genesis is authorized to modify the website and services offered by Platin Genesis free of charge without prior announcement or liability.
(3) Platin Genesis reserves the right to limit the use of services including the ability to contact other members through the website if Platin Genesis is of the opinion that such violate contractual or legal obligations or the services are otherwise abused.
(4) PlatinGenesis does not guarantee
- that within the scope of the competent jurisdiction under your national law it is legal for you to use the services of Platin Genesis or to advertise such or to participate in any activities of Platin Genesis;
- that the training material or other information is complete, correct, or reliable;
(5) Platin Genesis reserves the right to transfer, assign, sublicense, or pledge its business operation, individual assets therefrom or individual rights and obligations under this user agreement in full or in part to third parties without prior notice insofar as the third party also complies with applicable contract law and other law.
e) Agreements with third parties
Platin Genesis will from time to time conclude agreements with third parties, which represent external service providers, and which provide the software/technology/IT for products or services to you. You are obligated to comply with the terms and conditions of these third parties insofar as such are connected to the Platin Genesis website or linked to the respective third-party website. These terms and conditions may change at any time. You will be informed in advance of any change.
f) Applicable law and jurisdiction
(1) Your legal relationship with Platin Genesis is subject to the law of the domicile of Plantin Genesis. Compulsory provisions of the state in which your habitual residence is located remain unaffected.
(2) Any disputes arising in connection with the services of Platin Genesis are subject to the jurisdiction of the domicile of Platin Genesis. Compulsory provisions of the state in which your habitual residence is located remain unaffected.
g) Closing provisions
(1) Modifications or amendments of these GTC require the written form. This also applies to the cancellation of the written form requirement.
Status of the General Terms and Conditions: 09 December 2019