(2) The offering and sale of goods is reserved for commercial users only and only after accepting and in compliance with Platindeal’s General Terms and Conditions. Consumers are not permitted to sell goods on Platindeal.com.
(3) As operator, Platindeal merely provides a platform and thus the technical device to enable an exchange of goods, the processing of payments as well as the communication among the users. Platindeal itself does not offer any goods and does not become a contractual partner of the contracts concluded exclusively between the users of the marketplace. Platindeal is not involved in the contracts concluded between users via the platform and in the related communication and therefore does not assume any liability for the contracts concluded between users via the platform or the content posted by the users.
(5) PLATINDEAL may make the use of the Online marketplace or of individual functions or the extent to which individual functions may be used subject to certain conditions, e.g. verification of registration data, useful life, account type (private/commercial), payment behavior or presentation of certain supporting documents (e.g. proof of identity and/or residence).
Sec. 2 Availability; system failures; technical conditions for use
(2) If an unforeseen system failure affects the use of PLATINDEAL's Online marketplace, users shall be notified in a suitable manner.
(3) Access to the Online marketplace shall be possible only by using a browser or Apps running on a computer or a mobile device with an Internet connection. In order to be able to fully use PLATINDEAL's Online marketplace, users must always use the latest (browser or App) technologies or enable their use on his or her computer (e.g. activation of Java Script, cookies, pop-ups). When using older or uncommon technologies, the use of PLATINDEAL's Online marketplace may be limited. It is expressly noted that the displays and printouts of the data displayed on the website may differ from the screen display due to individual hardware or software configurations, and that the user's Internet connection shall be the user's responsibility, without PLATINDEAL having any influence over or responsibility for this.
Sec. 3 Registration; time of contract conclusion
(1) The use of several services of PLATINDEAL's Online marketplace shall require prior PLATINDEAL registration at www.platin-passport.com. Registration shall be possible only for persons who have completed their 18th birthday. There shall be no claim to the enter into a contract of use.
(2) The data requested during registration must be entered completely and correctly. If the provided data change after registration, the user shall be obliged to update the data in his or her PLATINDEAL account without undue delay.
(3) Users who use PLATINDEAL's Online marketplace in the context of carrying out their commercial or self-employed professional activities shall be obliged to supplement their registration data with the information required by law.
(4) Platindeal may make the use of the marketplace or individual functions or the extent to which individual functions can be used subject to certain conditions, such as verification of registration data, duration of use, account type (private/commercial), payment behavior or dependent on the presentation of certain proof (e.g. proof of identity, purchase, payment or ownership). In particular, Platindeal may, under certain conditions, restrict a user's purchasing activities and, in doing so, make the submission of bids dependent on further conditions such as prior verification.
(5) A legal entity or partnership may only be registered by an individual authorized to represent it, who must be designated by name. When individuals register, they may register only individually.
(6) Users must keep their password secret and carefully secure access to their PLATINDEAL account. Users shall be obliged to notify PLATINDEAL immediately once they become aware of any indications that a PLATINDEAL account has been misused by third parties.
(7) Registrations with PLATINDEAL are non-transferable. Multiple registrations of the same person shall not be permitted.
Sec. 4 Obligations of the user; Blocking of accounts
(1) When using PLATINDEAL's Online marketplace, you shall be prohibited from violating any rights of third parties, harassing third parties or otherwise violating applicable laws or moral standards. You undertake in particular to refrain from the following actions:
● Disseminating statements with abusive, harassing, violent, violence-glorifying, inflammatory, sexist, obscene, pornographic, racist, morally objectionable or otherwise objectionable or prohibited content;
● Insulting, harassing, threatening, scaring, slandering, embarrassing other customers, employees or distributors of PLATINDEAL;
● Spying on, disclosing or disseminating personal or confidential information of other customers, distributors or employees of PLATINDEAL, or disregarding the privacy of other customers, distributors or employees PLATINDEAL in any other manner or way;
● Disseminating false claims regarding race, religion, gender, sexual orientation, origin, social status of other customers, employees or distributors of PLATINDEAL;
● Spying on, disclosing or disseminating confidential information of PLATINDEAL;
● Disseminating false allegations about PLATINDEAL;
● Pretending to be an employee of PLATINDEAL or of an affiliated company or partner of PLATINDEAL;
● Using legally protected images, photos, graphics, videos, musical pieces, sounds, texts, trademarks, titles, designations, software or other content and signs, without the consent of the rights owner(s) or permission by contract, law or regulation;
● Disseminating statements with advertising, religious or political content;
● Using prohibited or illegal content;
● Exploiting programming errors (so-called bugs);
● Taking measures that may result in excessive server loads and/or massive impact
on the operations of other customers;
● Hacking or cracking as well as promoting or inciting hacking or cracking;
● Disseminating counterfeit software and promoting or inciting the dissemination of counterfeit software;
● Upload 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 enabling so-called "data mining" or otherwise intercepting or
collecting information related to the service;
● Interrupting transmissions to and from service servers and website servers; and/or
● Hacking the service, data, or website servers.
Sec. 5 Review of offers and content placed on Platindeal.com
Despite various security precautions taken, Platindeal cannot rule out the possibility that users may enter incorrect contact data. Offers published on Platindeal and/or other contents of users do not represent the opinion of Platindeal.com and are not checked by Platindeal.com for legality, correctness and completeness.
Sec. 6 Data protection
Sec. 7 Limitation of liability
(1) PLATINDEAL may not be held responsible for incorrect information in the user's registration. This means that PLATINDEAL cannot accept any liability for the accuracy of such information and that any user content secured by PLATINDEAL constitutes information unrelated to PLATINDEAL within the meaning of applicable law.
(2) Furthermore, PLATINDEAL shall not be liable for the occurrence of the desired success, which the user hopes to realize by using the Online marketplace.
(3) Moreover, PLATINDEAL shall be liable — with the exception of injury to life, body and health and the breach of essential contractual obligations (material contractual obligations) — only for damages attributable to intentional or grossly negligent conduct. This shall also apply to indirect consequential damages such as, in particular, lost profits.
(4) Liability shall be limited — except in case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body or health and the breach of essential contractual obligations (material contractual obligations) — to the amount of damage foreseeable at the conclusion of the contract and typical for this type of contract. This shall also apply to indirect consequential damages such as, in particular, lost profits.
(5) To the extent that PLATINDEAL's liability under this Agreement is excluded or limited, this shall also apply in favor of the personal liability on the part of the legal representatives, officers, and simple vicarious agents of PLATINDEAL.
Sec. 8 Trademark and copyright law
(2) You shall retain all rights and bear the sole responsibility for any content uploaded by you (e.g. in the PLATINDEAL Community). PLATINDEAL shall only obtain any and all rights to such contents as are necessary in connection with publication and use of the contents on PLATINDEAL's platform.
(3) Any breaches of copyright, trademark or other ancillary copyrights shall be prosecuted by PLATINDEAL and PLATINDEAL reserves the right to delete or disable — in its sole discretion — content, where such breach has been reported and to block the profiles of repeat perpetrators.
Sec. 9 Subject to change; Applicable law and jurisdiction; severability clause
(1) PLATINDEAL is entitled to change this contract at any time. PLATINDEAL will announce changes via e-mail with a notice period of six weeks before the change comes into force, specifying the future change of the contract. The User has the right to object to the amendment or to terminate the contract in text form without notice as of the effective date of the amendment. In case of objection, PLATINDEAL is entitled to terminate the contract properly. If the User does not terminate the contract or does not object to the change until the change comes into effect, the changes will come into effect from the date stated in the change notice. PLATINDEAL is obliged to inform the User about the meaning of his/her silence in the notice of change.
(2) For all disputes arising in connection with initiation, performance or settlement of the contract of use between PLATINDEAL and the user, the laws at the registered office of PLATINDEAL shall apply exclusively, unless mandatory consumer protection regulations of the country of the user's habitual residence have priority. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) PLATINDEAL is neither willing nor required to participate in dispute resolution proceedings before any consumer mediation body.
(4) Place of jurisdiction and performance shall be the PLATINDEAL’s registered office if the user is a merchant, a legal entity under public law or a special fund under public law.