Terms of use (AGB), (see below I.), Purchase-Terms of use (AGB) (see below II.)


I. Terms of use (AGB),

Welcome to Platin Genesis DMCC Platin Genesis. The Internet platform and services are offered by Platin Genesis DMCC, Unit No 1004-44, Swiss Tower, Plot No LLT-PH2-Y3A, Jumeirah Lake Towers, Dubai, UAE (hereinafter Platin Genesis). Please note: all payments within the EEA are handled by PLC Group AG d. o. o., Letasliska cesta 35 E, 1000 Ljubjana, Slovenia. By using our website, products and services, you explicitly agree to these Terms of use (AGB) as a part of the user contract via the Internet platform.

We reserve the right to update these Terms of use (AGB) from time to time. Such changes are immediately applicable, as soon as they are published on the website. It is your responsibility to check these Terms of use (AGB) regularly.

1. Object of the contract

(1) Platin Genesis is an innovative company, which provides an innovative concept in the field of training services for and regarding the “mining and minting of crypto coins” against payment for its community and also provides other services such as e.g. access to the services of Platin Genesis Academy, Platin Genesis Market, Platin Genesis Business (e.g. Crowdfunding – as soon as available) or decentralised Platin Genesis exchange platform (as soon as available) (all aforementioned goods and service offers will collectively be called “goods” hereinafter). Furthermore, Platin Genesis leases specially developed network computers for the “minting of crypto coins” to its customers for a contractually agreed period besides the granting of other fringe benefits, and Platin Genesis also provides sophisticated software products for the aforementioned purposes (such as e.g. an independent eWallet ) against payment.

(2) On the Platin Genesis-Internet platform, Platin Genesis offers you, as customer, a free online service, by which you can use different information offers regarding crypto coins as per your choice, and you can also purchase other goods against payment. You can view the chargeable goods of Platin Genesis here. Furthermore, you can also register as sales partner to start a sales activity for Platin Genesis.

You will be informed separately about the contents of the respective chargeable order, prices and the payment terms before ordering a chargeable good or any other conclusion of a chargeable contractual relationship. By clicking on the button “Buy”, you express your willingness to conclude a contract on the chargeable service or goods selected by you. The contractual relationship is then established with the E-Mail confirmation of the order by Platin Genesis.

2. Registration on the Platin Genesis Website

(1) Before you can avail the offers and services of Platin Genesis, you must register yourself on the website as a first step. The registration is free of cost. The data required for the registration or later for the completion of the registration must be complete and true.

(2) While logging in, you must enter your E-mail address and select a password. By clicking on the button “Free registration”, you declare that you want to conclude a user contract for the free use of the Internet platform. The contractual relationship is established with the e-mail conformation of the registration by Platin Genesis, which includes the access data. After receiving the access data, you can create your profile on the website and access the offer of Platin Genesis.

A contract is concluded with legal persons, private companies or natural persons, who or whose responsible persons have completed 18 years of age (or the age necessary for the conclusion of effective contracts in the country of residence).

(3) Platin Genesis demands an age proof and identity proof in the framework of a “KYC-process”.

The successful execution of this process is, amongst other things, a prerequisite for the provision and transfer of crypto coins in the e-wallet.

(4) You assume full responsibility for the legality and correctness of the data specified at the time of registration. Particularly while entering the information of credit cards or bank cards, the name and surname of the card holder must match with the information in the registration form.

(5) Deliberate and/or fraudulent intent may result in civil action. Platin Genesis also reserves the right to block the profiles and accounts of users, who have deliberately or fraudulently provided false details and to exercise extraordinary termination of the user contract and refuse respective payments.

(6) You can create only one profile. Registered users cannot log in as new customer or register again by specifying a new e-mail address. If a user has created multiple profiles, then he must decide for a single profile. All other profiles will be deleted by Platin Genesis. The creation of multiple profiles is an important reason for a permanent blocking of the user without any prior notice.

(7) You are committed to report changes in your user data, particularly in your bank details and e-mail address, to Platin Genesis immediately. If you do not fulfill this obligation, then you must bear the resulting damage.

(8) You may not let any third party use your profile and access data. The use of your account by a third party is considered as an important reason for permanent blocking of the user without any prior notice. It is in your own interest to inform Platin Genesis immediately about every access attempt made by a third party and every misuse of your online account.

(9) While registering, you can select a user name and a password of your choice. You are committed to maintain secrecy regarding the password. If you notice an unauthorised use of your password, you must immediately inform Platin Genesis at support@platin-genesis.com. If you forget your password, you can reset it with the help of the reset procedure provided (E-Mail to the e-mail address specified by you).

(10) Platin Genesis reserves the right to reject registrations at its own discretion and with specifying any reason. If Platin Genesis rejects your registration, all the amounts you have transferred to the payment processor will be returned to you within six weeks.

3. Obligations of the customer

(1) You are prohibited from violating the rights of the third parties, harassing third parties or otherwise breaking the law or violating good morals while using the Internet offer of Platin Genesis. You are particularly committed to refrain from the following actions:

• Circulating statements with insulting, irritating, abusive, violence - glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise shocking or prohibited content;

• Insulting, harassing, threatening, frightening, defaming, embarrassing other customers, employees or sales partners of Platin Genesis;

• Spying, forwarding or spreading personal or confidential information of other customers, sales partners or employees of Platin Genesis or other violation of the privacy of other customers, sales partner or employees of Platin Genesis;

• Circulating false statements about race, religion, sex, sexual orientation, source, social position of other customers, employees or sales partners of Platin Genesis;

• Spying, forwarding or spreading confidential information of Platin Genesis;

• Circulating false claims about Platin Genesis;

• Pretending to be an employee of Platin Genesis or an affiliated company or partner of Platin Genesis;

• Using legally protected pictures, photos, graphics, videos, musical pieces, sounds, texts, brands, title, names, software or other contents and signs without the approval of the copyright holder or permission via contract, regulation or legal specification;

• Circulating comments with advertising, religious or political content;

• Using prohibited or illegal contents;

• Exploitation of errors in the programming (so called Bugs);

• Undertaking measures that lead to unreasonable burden on the server and/or can impair the process for other customers massively;

• Hacking or cracking and supporting or inciting hacking or cracking;

• Distributing fake software and supporting or inciting fake software;

• Uploading files containing viruses, trojans, worms or corrupt data;

• Using or distributing “Auto”-Software programs, “Macro”-software programs or other “cheat utility”-software programs;

• Modifying services or parts of it;

• Using software, which enables so - called “data mining” or captures or collects information in any other way in connection with the service;

• Disrupting transfers from and to the office servers and website server;

• Intruding in office servers, data servers or website servers.

(2) Platin Genesis refers to its domiciliary right regarding the use of its Internet offer and reserves the right of immediate blocking and extraordinary termination of the online account and the user contract, insofar as the obligations governed in (1) or otherwise applicable law are violated with respect to the use.

4. Contract termination

(1) Platin Genesis can terminate the user contract and block your profile at any time without notice, if there is an important cause that justifies an immediate extraordinary termination without any warning. The following constitute the important causes that are applicable as important causes:

• particularly severe violation of the Terms of use (AGB),

• fraudulent or other particularly major illegal activities with respect to the use of the Platin Genesis offer

• provision of false and misleading information to Platin Genesis

• fraudulent use, illegal use or any other misuse of Platin coins or other Platin Genesis offers

• Unauthorised distribution, copying, publication or other use or processing of training materials (e.g. uploading on You tube etc.)

• Causing damages and losses of all types with respect to Platin Genesis or other customers or sales partners of Platin Genesis.

(2) You can terminate your user contract at any time ordinarily, whereby sending the ordinary termination by e-mail to support@platin-genesis.com is sufficient for the effective access of the termination and deletion of your profile in the Platin Genesis Community at any time.

5. Server availability

Platin Genesis-Service is available 24 x 7 with an availability of 97.5 % annual average. The downtime due to maintenance and software updates and periods in which the service cannot be accessed over the Internet due to technical or other problems that do not lie under the control of Platin Genesis (force majeure, third party negligence etc.) are excluded from this. To be able to use the Platin Genesis services fully, you must use the respectively latest (Browser-) technologies to enable their use on your computer (e.g. activation of Java Script, Cookies, Pop-ups). It is possible while using older or not generally common technologies, that you would have some limitations in accessing the services of Platin Genesis.

6. Exclusion of liability, other liability

(1) Platin Genesis cannot be held responsible for false information in your registration. Accordingly, Platin Genesis cannot assume liability for the correctness of this information and your contents saved in Platin Genesis are foreign information for Platin Genesis in terms of the applicable German Telemedia Act.

(2) Furthermore, with reference to the risk notice, Platin Genesis is not liable for the achievement of the desired result, which the customer wants to achieve by using the Internet platform and the goods of Platin Genesis.

(3) Insofar as Platin Genesis provides computer programs (e.g. eWallet) on its website, the software should be used at your own risk. Platin Genesis is not liable for damages resulting from the installation and/or use of the software from the download section, insofar as it is legally permissible. In spite of up-to-date virus checks, a liability for damages and impairments by computer viruses as a part of legal regulations is excluded. Furthermore, Platin Genesis is not liable for issues in the quality of access to the service due to force majeure or events for which Platin Genesis is not at fault. Moreover, Platin Genesis is not liable for the unauthorized knowledge acquisition of your personal data by a third party (e.g. by an unauthorised access of “hackers” to the database).

(4) Platin Genesis is liable only for damages arising from causes other than damage to life, body and health, insofar as they are caused by the intentional or grossly negligent behavior or culpable violation of an important contractual obligation (e.g. delivery to the customer) by Platin Genesis, its employees or vicarious agents. This is also applicable for damages caused by the violation of obligations with respect to contractual negotiations and engaging in unauthorized actions. Any further liability of damages is excluded.

(5) The liability is restricted to damages that are reasonably foreseeable at the time of the conclusion of the contract and to the extent of the typical average value for the contract except for the case of damage to life, limb, health or intentional or grossly negligent conduct of Platin Genesis, its employees or vicarious agents. The same is also applicable for indirect damages, particularly lost profits.

(6) Platin Genesis is not liable for damages, irrespective of their nature, caused by data losses on computer servers, except in the case of grossly negligent or intentional conduct of Platin Genesis, its employees or vicarious agents. Platin Genesis treats the contents saved by you as foreign information in terms of the German Telemedia Act. Links are available on the Internet offer of Platin Genesis. For the first link, the contents under the respective link were checked for illegal contents. Platin Genesis is not responsible for foreign content, which can be accessed using links. If Platin Genesis detects or is notified that a linked offer has illegal content, this link will be deleted.

7. Data protection

(1) Platin Genesis collects and uses data that is voluntarily communicated by you only in the framework of legal provisions. The detailed provisions for data protection are available in our Data protection provisions.

6. Miscellaneous

a) Trademark rights and copyrights

(1) Platin Genesis, in your context, is the sole holder of the rights for copying, dissemination, processing and all copyrights, and the right to intangible transfer and reproduction of the Platin Genesis website and of the individual contents, services of otherwise developed services and protective rights. The use of all services and the contents included therein, materials as well as trademarks and trade names (such as e.g.: the name Platin Genesis and the relevant logo) is permissible exclusively for the purposes mentioned in these Terms of use (AGB). Use without the explicit approval of Platin Genesis is considered as a violation of these Terms of use (AGB) and can lead to blocking or deletion of your profile, including all wallets and their contents.

(2) You have all rights on the contents uploaded by you (e.g. in the Platin Genesis Community) and bear sole responsibility. Platin Genesis obtains only the necessary rights on these contents in connection with the publication and use of contents on the Platin Genesis platform.

(3) Violations against the copyrights, trademark rights or other ancillary copyrights will be prosecuted by Platin Genesis and Platin Genesis reserves the right to delete or deactivate contents for which a corresponding violation was reported, at its own discretion, and to block the profiles of repeat offenders.

b) Prices and fees

(1) The registration and creation of a profile on www.platincoin.com is free of cost.

(2) The payment of prices and fees is done by online payment provider or transfer from the eWallet of the user. You will bear the charges of payment processing or possible costs incurred by currency conversions. The payment providers are companies that are independent of Platin Genesis. Platin Genesis does not assume any responsibility for their services and for damages or claims resulting from the same.

c) Notifications and messages

Notifications from Platin Genesis are sent directly via a message in your profile (Backoffice) or to the e-mail address communicated by you at the time of registration. You are responsible to ensure that your contact details are always updated.

d) No guarantee/change, restriction of services of Platin Genesis/ transfer to the third party

(1) Your access to the website and services of Platin Genesis takes place at your own risk.

(2) Platin Genesis has the right to make changes to the website and services offered by Platin Genesis without prior intimation or liability.

(3) Platin Genesis reserves the right to restrict the use of services including the ability to contact other members using the website, if Platin Genesis believes that you have violated the contractual obligations or the law, or misused the services in any other way.

(4) Platin Genesis does not guarantee

• that it is legal in the framework of the competent jurisdiction as per your national law that you use the services of Platin Genesis or advertise it or participate in any activities of Platin Genesis;

• that the access to the Platin Genesis website functions without any error and it is fault-free, timely and secure, and that the faults are eliminated (see also Clause 5 of the Terms of use for this);

• that the training material or other information is complete, correct or reliable;

(5) Platin Genesis reserves the right to transfer, assign, sublicense or pledge all rights and obligations from this user contract and the usage conditions completely or partially to a third party without any prior notification, insofar as the third party also abides by the applicable contractual and other laws.

e) Agreements with the third parties

(1) Platin Genesis makes agreements with third parties from time to time, which represent the external service provider and provide Platin Genesis and you the software/technology/IT for products or services. You are committed to comply with the conditions and guidelines of this third party, insofar as they are posted on the Platin Genesis website or linked with the respective website of the third party. These terms and guidelines can change at any time. Every change will be informed to you in prior.

f) Applicable law and jurisdiction

(1) Your legal relationship with Platin Genesis is subject to the law of the headquarters of Platin Genesis. Mandatory provisions of the country of your habitual residence remain unaffected.

(2) All disputes arising in connection with the services of Platin Genesis are subject to the jurisdiction of the headquarters of Platin Genesis. Mandatory provisions of the country of your habitual residence remain unaffected.

g) Final provisions

(1) These Terms of use, the Purchase - Terms of use and the Data protection guideline represent the overall agreement between you and Platin Genesis.

(2) Changes or additions to these Terms of use (AGB) must be carried out in writing. This is also applicable for the cancellation of the written form requirement.

(3) In case of ineffectiveness and incompleteness of a clause of these Terms of use, (AGB) the whole contract does not become ineffective. On the contrary, the ineffective clause should be replaced by a new clause that is effective, and comes closest to the economic intent of the ineffective clause. The same is applicable for closing a gap that requires regulation.

(4) Platin Genesis can change these Terms of use and the Data protection guideline at any time. You will be informed of every important change before it becomes effective in a form provided for messages and notifications.

(6) You can download the updated Terms of use anytime as PDF-file free of cost.

II. Terms of use (AGB)

§ 1 Scope of validity

(1) The below Terms of use are a part of every contract between Platin Genesis DMCC, Unit No 1004-44, Swiss Tower, Plot No LLT-PH2-Y3A, Jumeirah Lake Towers, Dubai, UAE, business domicile in said place, E-Mail-address support@platin-genesis.com (hereinafter: SELLER) and the customer.

(2) The SELLER offers goods via its online shop (e.g. hardware – as soon as available) for shipment to the delivery address specified by the customer or for digital goods available via data download such as e. g. software, eBooks, video files, audio files and similar electronic training materials (hereinafter Online goods) for sale, and the customer can use the services (e.g. use of available server capacities) against payment. The SELLER provides its services exclusively based on this Purchase - Terms of use (AGB), which can be read on this website at any time and are sent to the customer via E- mail when the contract is concluded.

(3) In case of complaints, you can contact compliance@platin-genesis.com

§ 2 Conclusion of contract

(1) The presentation of goods and services, particularly on the Internet, cannot be considered as a binding offer of the SELLER.

(2) The customer can choose anything from the offer and place the goods or services selected by him in the shopping cart by clicking on the shopping cart symbol. The customer can empty the cart at any point of time by changing the quantity or ending the order process by closing the browser window. The changes can be made by using mouse and keyboard. By clicking on the button “"PROCEED TO CHECKOUT " the customer is taken to the page, where he can register himself as customer, insofar as he does not have any access data or can log in as existing customer. A user name together with password and contact data is entered for this purpose. After successful registration and -if required- confirmation of the delivery address, the customer can select the shipping method and then receives information about mode of payment. By clicking on the button “NEXT”, the customer is taken to the page on which he sees the overview of the order after confirmation of the Purchase - Terms of use (AGB) and the information on the right of cancellation. If the customer wants to make changes to the order in this step, he can return to the shopping basket by clicking on the link “Cancel check-out and back to the shopping basket”. If you don’t want to make any more change in the order, you can conclude the order process by clicking the button “ORDER PAYABLE” and a binding order can be placed. The receipt of the order is displayed to the customer immediately after concluding the order process. The SELLER saves the customer order and the entered order data as per the data protection declaration (see § 3). Apart from this, the customer also receives a mail with the order data.

(3) The receipt of the order is sent to the customer by e-mail. This order confirmation simultaneously represents the acceptance of the purchase contract by the SELLER.

§ 3 Data protection declaration

The SELLER collects and uses the data communicated voluntarily by you only in the framework of legal provisions. You will find the detailed provisions for data protection in our Data protection provisions.

§ 4 Delivery of goods / Provision for Download

(1) The goods are handed over to the customer via delivery to the delivery address specified by the customer. Any shipping charges are displayed to the customer on the order page before concluding the order. The customer must bear the additional taxes and customs duties for overseas deliveries. The SELLER will basically adhere to the delivery dates mentioned on the website, insofar as its own supply occurs within the given time. The SELLER is entitled to make partial deliveries. The additional costs required for this are not charged to the customers.

(2) Online goods and offered services are provided after the acquisition of the right of use in the customer section.

(3) The option of renewed downloading of online goods represents a voluntary service of the SELLER, who can terminate it at any point of time. The SELLER therefore reserves the right to change, interrupt or stop the option of renewed data download temporarily or permanently at any time, and/ or to delete individual online goods from the customer account of the customer. This is particularly applicable if there is an important reason for deleting the online goods from the customer account, particularly in case of disputes about possible violation of rights by the contents of the online goods. The option of deletion is not applicable for online goods, which already lie on the storage medium of the customer e.g. on his PC, laptop etc., after the customer has downloaded them.

§ 5 Countries of delivery / shipment costs (applicable only for hardware and other physical goods)

The SELLER delivers in following countries with the following shipment costs.

§ 6 Payment conditions

(1) The following payment options are offered to the customer: payment by credit card (currently only MasterCard and Visa), ADV-Cash, Payee, instant transfer and Bitcoin-payment.

(2) PLC Group AG d.o.o. is the financial administration for Platinum Genesis DMCC. All incoming payments in the group are managed, processed and booked there.

(3) All prices are total prices including the statutory VAT, but excluding shipping costs.

§ 7 Right of retention of deliverable goods / Terms of use for the use of online goods and services

(1) Deliverable goods remain in the property of the SELLER till the complete payment is made.

(2) While using online goods, the customer does not obtain any transfer of ownership. Instead of this, the customer obtains a simple, non-transferrable right that can be revoked before complete payment of license fees for the personal use of the concrete online goods. The content or design of the online goods may neither be changed nor edited by the customer unless mandatorily regulated otherwise by legal provisions, and the customer does not have the right to grant the sublicenses to the online goods to third parties, or make the goods publicly accessible or otherwise use the online goods for commercial purpose.

On the contrary, the customer can copy the online goods (only) for personal use (creation of private copy) or facilitate the copying via third party for this purpose, insofar as the third party creates the copy free of cost. A transfer of the online goods to the third party (this is also applicable for transfer to a family member, relative or acquaintance) is only temporarily allowed for the purpose of the production of such a private copy.

(3) With respect to the use of services, the customer does not obtain any transfer of ownership, instead he is only authorised to use the concrete service as per the contract for the period of acquisition of the user license.

§ 8 Liability for defects / Liability limitation

(1) The customer is entitled to a statutory defect liability right. With respect to defect liability, legal provisions are applicable, unless indicated otherwise from the following liability limitations for damage compensation.

(2) The SELLER shall be liable only for damages -with the exception of damage to life, limb and health, and violation of significant contractual obligations (Transfer and assignment of goods) – which can be traced back to an intentional or grossly negligent conduct. This is also applicable for indirect consequential damages such as a loss of profit, in particular.

(3) The liability is – except in case of intentional or grossly negligent conduct or in case of damages to life, limb and health, and violation of significant contractual obligations (transfer and assignment of goods) – limited to the amount of damages that are foreseeable and typical to the contract, at the time of conclusion of the contract. This is also applicable for indirect consequential damages such as a loss of profit, in particular.

(4) The limitation of liability of Paras 1 and 2 is also applicable in favor of vicarious agents of the SELLER.

(5) The liability based on the product liability law remains unaffected.

§ 9 Final provisions

(1) The law of the domicile of Platinum Genesis applies, excluding the UN sales law.

Compulsory provisions of the state in which the distributor has his habitual residence remain unaffected.

(2) The place of jurisdiction and the place of performance is the seat of Platinum Genesis, as long as this requirement does not conflict with mandatory law.

Status of Terms of use (AGB): 01 Mai 2018