Conditions of participation and use
(General Terms and Conditions)
For participation in the registration process and the subsequent use of the digital platform of
Hamburg Local Court (HRB 68409),
e-mail: [email protected]
(hereinafter referred to as "CGift", "us" or "we")
for the purchase and redemption of vouchers for the purchase of cryptocurrencies and the subsequent sale of cryptocurrencies, the following terms and conditions shall apply.
CGift provides technology solutions for consumers to buy and sell cryptocurrencies. CGift technically operates the digital platform at www.cgift.io ("Platform"), on which customers can buy and ultimately redeem vouchers for the purchase of cryptocurrencies and ultimately resell the purchased cryptocurrencies. CGift is responsible for the technical operation of the customer front end and customer support. CGift is not a credit institution pursuant to Section 1 (1) of the German Banking Act (Kreditwesengesetz - KWG) and not a financial services institution pursuant to Section 1 (1a) of the German Banking Act (KWG) or a financial company pursuant to Section 1 (3) of the German Banking Act (KWG) and does not have a licence from the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin). The sale of the vouchers for the acquisition of cryptocurrencies and the redemption of the vouchers as well as the possible sale of the acquired cryptocurrencies is technically carried out via the platform, but legally via CGift's partners.
These Terms of Participation and Use govern the registration process that Customers must go through in order to obtain Vouchers for the purchase of cryptocurrencies, to subsequently redeem these Vouchers and to resell cryptocurrencies, as well as the Customer's use of the Platform in this context. Please read these terms carefully.
The purchase of cryptocurrencies is associated with various risks for the customer. Since CGift itself neither selss voucher nor cryptocurrencies, but only takes over the technical operation of the platform, CGift will not inform customers about any risks. CGift does not provide investment brokerage services, investment advisory services or any other financial services to the customer.
§ 1 - Scope of application
1.1 Registration for the use of the platform for the purchase of vouchers for the acquisition of cryptocurrencies, the redemption of such vouchers and the possible sale of the cryptocurrencies received shall take place exclusively via the website www.cgift.io ("Website") operated by CGift. To access the Website, the Client needs a computer or a mobile device equipped with an internet connection.
1.2 The registration process is only available to natural persons (hereinafter: "Customers") residing in Germany.
1.3 These Terms and Conditions of Participation and Use are freely accessible on the website at all times and can be accessed there.
§ 2 - General exclusion of participants
2.1 Persons to whom US or Canadian tax law applies are excluded from participation in the registration process and use of the Platform.
2.2 Excluded from participation in the registration process are persons who have a (further) residence, their tax domicile or their habitual residence in a state (i) in which the purchase of cryptocurrencies is prohibited or only permitted under certain conditions (e.g. requires an official permit) or (ii) which is on the list of "High-risk and other monitored jurisdictions" of the Financial Action Task Force (FATF) or (iii) against which an embargo or sanctions have been imposed, in particular by the USA or the EU.
2.3 Politically exposed persons (PePs) and a family member or known close relative of a PeP are also excluded from participation.
§ 3 - Registration process
3.1 Registration is only possible via our website and is a prerequisite for using the platform.
3.2 Natural persons can only be registered by themselves. Registration by legal representatives is excluded. The customer follows the instructions on the website for registration.
3.3 Registration is only permitted by persons of full age and full legal capacity.
3.4 An e-mail address must be provided for registration. The e-mail address must be suitable for long-term communication; in particular, so-called disposable e-mail addresses are not permitted.
3.6 Before registration can be completed, the customer will receive an email at the email address provided by the customer, which contains a verification link that the customer must click on. By clicking on the verification link, the customer confirms the identity of his e-mail address.
3.7 The customer has no claim to confirmation of his registration. The confirmation of the registration is at the discretion of CGift. In particular, we may refuse to confirm the registration without giving reasons and/or request further information and documents.
3.8 Upon completion of the registration, the Client may access his account on the Website and log in with his access data.
§ 4 - Dashboard of the Customer
The Client will be provided with a dashboard as part of his account on the Platform. In the dashboard, the Customer can view all his personal details.
To access the Dashboard, the Customer must log in to our Website using their verified email address and a Magic Link sent to that email address for this purpose.
§ 5 - Obligations of the Customer
5.1 Access to the Platform and the Dashboard is available only to the registered Customer. The customer shall keep his access data secret and safe and shall not grant access to any third person. Should the Client discover any improper access to the same, the Client shall inform CGift thereof without delay. In order to ensure security as far as possible, the client shall terminate each session by logging out.
5.2 The Customer shall not use the Platform for the following acts or allow third parties to do any of the following acts through the Platform:
- Money laundering, supporting terrorist or other unlawful acts;
- programming applications that interact with the Platform, unless CGift has given its explicit written consent;
- use of spider, robot or crawling programs or other technical and/or automated solutions to gain access to or extract data from the Platform or Website;
- any other illegal use.
5.3 The Client is responsible for the proper taxation of its cryptocurrencies acquired through the Platform. CGift will not audit or determine whether taxes are due on transactions and will not collect, report, withhold or remit taxes and will not act as a tax agent. CGift is also not required by law to do so.
§ 6 Customer Support
6.1 CGift shall be available to the customer for questions in connection with the registration and the use of the platform during normal business hours (Monday to Friday, 9:00 a.m. to 5:00 p.m. with the exception of public holidays in Hamburg, Berlin and Bavaria) by e-mail ([email protected]) or telephone (+49 40 679 580-53). CGift shall endeavour to answer customer queries as quickly as possible, without granting the customer any legal claim to this, unless this is required by law.
§ 7 Availability
7.1 CGift shall be free to discontinue, restrict or change the platform or individual services temporarily or permanently - for example for technical or legal reasons. CGift shall inform the customer as far as possible in advance of any forthcoming changes and settings.
7.2 CGift shall endeavour to provide the customer with comprehensive availability of the platform. However, there shall be no claim to availability. In particular, maintenance, further development or events that could have an impact on data security may lead to a temporary suspension of the availability of the platform.
7.3 Events outside CGift's sphere of influence (e.g. power failures, failures of the telecommunications network or defects in data transmission by third parties) may also lead to a temporary suspension of the availability of the platform. If maintenance work is carried out which leads to a restriction of the availability of the platform and the associated services, this shall be indicated to the clients when they access the platform.
§ 8 Liability
8.1 We are liable for intent and gross negligence in accordance with the statutory provisions. We shall only be liable for slight negligence in the event of a breach of a material contractual obligation (cardinal obligation), the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely, as well as in the event of damage resulting from injury to life, body or health. In the event of slight negligence, we shall only be liable for foreseeable damage, the occurrence of which must normally be expected.
Liability under the Product Liability Act or for damages based on the breach of a guarantee assumed by us shall remain unaffected. In the scope of application of the Telecommunications Act (TKG), the liability rule of § 44 a TKG remains unaffected.
The above limitation of liability shall also apply in favour of our employees, representatives, organs and vicarious agents.
8.2 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect CGift shall not be liable for the constant and uninterrupted availability of the website.
§ 9 - Language
These Terms and Conditions of Participation and Use are written in German. Non-binding translations of the Terms and Conditions of Participation and Use into another language are for information purposes only. If a translation differs from the German language version, this German language version shall take precedence.
§ 10 - Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws. If a customer is a consumer and his habitual residence is in a Member State of the European Union, German law shall also apply, without prejudice to mandatory provisions of the state in which the customer has his habitual residence. The place of jurisdiction is Hamburg.
§ 11 - Miscellaneous
11.1 In the event that one or more present or future provisions of these Terms and Conditions of Participation and Use should be or become invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions of these Terms and Conditions of Participation and Use shall not be affected thereby.
11.2 The European Commission has established a European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. CGift does not participate in dispute resolution procedures with any consumer arbitration board.