General Terms and Conditions - Berformance Group AG

GTC

GENERAL TERMS AND CONDITIONS OF BERFORMANCE GROUP AG FOR BERFORMANCE WORLD MEMBERSHIP AND BROKERAGE OF OFFERS WITHIN THE SCOPE OF SERVICES VIA THE BERFORMANCE WORLD ONLINE PLATFORM

1 Contractual partner

Within the scope of application of these General Terms and Conditions, the contracting parties are Berformance Group AG ("Berformance"), Thurgauerstrasse 80, 8050 Zurich, Switzerland, legally represented by the Managing Director and Board of Directors, Mr. Christian Lux , and the client. The client is any person who is interested in concluding a contract for a concept or who concludes such a contract.

2 Service description

The object of Berformance's services is exclusively the provision of services within the scope of Berformance World membership and the mediation of contracts between customers and the partner companies that offer their services via the Berformance World online platform.
2. partner companies of Berformance are
Berformance Services GmbH, Thurgauer Strasse 80, 8050 Zurich, Switzerland, for membership of the Berformance Community and the Berformance concepts Ladies, Experts and Experience;
Suxxess One GmbH, Areal 23, Wallenmahd 23, Haus C3, 6850 Dornbirn, Austria, for the Berformance More concept; and
Block4you s.r.o., Pujmanové 1753/10a, Office No. 205, 14000 Prague, Czech Republic, for the Berformance More concept;
Berformance LLC, Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E., for the Berformance More concept;
Concepts within the meaning of these GTC are bundles of certain services provided to the client by Berformance's partner companies. The type, content and scope of these services for the respective concept result from the service description printed in the concept application and from the applicable general terms and conditions of the partner companies of Berformance, which are printed in the respective online application and its appendices.
Membership of Berformance World

Berformance is the owner of the registered trademark "Berformance". Berformance World is the association of customers, sales partners and users into a community who jointly use the online platform "Berformance World" provided by Berformance. Berformance has commissioned Berformance Services GmbH to collect the one-time, lifetime membership fees. Berformance guarantees all purchasers of the "Berformance World" membership with Berformance Services GmbH the lifelong right to use the exclusive products and concepts provided in Berformance World, with all the benefits, discounts and special offers shown, as well as the necessary access to the Berformance customer dashboard. Berformance Services GmbH carries out the customer collection and transmits all necessary data of the buyers to Berformance for the storage and guarantee of the delivery and provision obligations. Berformance maintains the membership register for Berformance World independently. Insofar as the membership fee is considered paid by Berformance Services GmbH, the membership with Berformance is considered closed for Berformance World and grants the member access to the services of Berformance World and its online platform.

3 Scope of application, amendments

These General Terms and Conditions (GTC) apply to all contracts concluded between Berformance and its customers.
Individual agreements always take precedence over these GTC. Deviating terms and conditions of the customer only become part of the contract between the parties if and insofar as Berformance has previously agreed to their validity in writing.
Berformance may amend these General Terms and Conditions if this is necessary due to changes in applicable laws and regulations, supreme court rulings, technical circumstances or market conditions and if the amendment does not disturb the contractual balance between the parties. Berformance will inform the customer of the intended change in text form (e.g. by e-mail). The customer may object to the intended change within six weeks of receipt of the notification. If the customer does not object in due time, the amended GTC shall become part of the contract.

4 Conclusion of contract

The provision of the online application on the Berformance platform on the Internet or the provision of a product application via a sales partner does not constitute a binding offer to conclude a brokerage contract. The customer submits such an offer by filling out an online application, going through it and confirming it by clicking the button "Order or buy now" or by filling out a product application, signing it and sending it back to Berformance. Berformance accepts the customer's offer by declaring its acceptance of the offer to the customer by e-mail.

5 Intermediary services

Berformance only provides brokerage services to the customer. This means that Berformance provides the customer with the opportunity to conclude the desired contract with one of its partner companies and makes the necessary efforts to ensure that such a contract is concluded.
Under no circumstances will Berformance itself become a party to the contract for the concept requested by the client. Rather, such a contract is concluded exclusively between the customer and the respective partner company of Berformance, which offers the desired concept.
3. Berformance also does not guarantee that the contract desired by the customer will be concluded. In particular, Berformance has no authority to conclude contracts for its partner companies. Rather, the partner company alone decides whether it concludes the desired contract with the customer.

6 Exclusion of financial services; risk notice

Berformance does not have a license to conduct banking business or to provide financial services or to advise on and broker financial investments. Berformance therefore does not provide investment brokerage, investment advice or financial portfolio management or any other financial services requiring a license.
Insofar as Berformance's brokerage services relate to contracts involving the procurement and maintenance of hardware and software, the rental or sales proceeds of which are paid directly to the client by the operators in cryptocurrencies, these are exclusively technical services. Berformance's partner companies do not provide any financial services either. The handling of crypto assets after receipt by the customer is the sole responsibility of the customer.
The customer acknowledges that the creation of and trading in crypto assets entails considerable risks and can lead to the total loss of the capital invested, in this case generally the returns from rental or sales proceeds. Such transactions should only be concluded following detailed advice from a competent person.

7 Remuneration

Berformance does not charge the customer for its brokerage services. However, it is possible that Berformance receives a commission for these brokerage services from the partner company with which the customer concludes the desired contract. This commission is usually included in the fee that the customer has to pay for the contract with the partner company.
2. The customer acknowledges and agrees to the above provisions on commission payments to Berformance and expressly waives any possible claims to the surrender of such commissions, be it on the basis of other legal provisions.

8 Warranty and liability

Berformance does not assume any warranty or liability for the services of the partner companies with which the customer concludes the brokered contract. Rather, Berformance is only obliged to provide the brokerage services specified in § 5 and is only liable for these brokerage services.
2. Within the scope of application of § 8 para. 1 sentence 2, Berformance is liable as follows:
a. Berformance is liable without limitation for damages that are based on an intentional or grossly negligent breach of duty by Berformance itself or a legal representative or vicarious agent of Berformance.
Furthermore, Berformance is liable for the slightly negligent breach of material obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, Berformance is only liable for the foreseeable damage typical for the contract. Berformance is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
Existing limitations of liability in favor of Berformance do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of a product and for fraudulently concealed defects. Liability under the Product Liability Act also remains unaffected.
Insofar as Berformance's liability is excluded or limited, this also applies to the personal liability of Berformance's employees, representatives and vicarious agents.

9 Dispute resolution procedure

The Berformance Group AG is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

10 Final provisions

These GTC, including their application and interpretation, are subject to Swiss law. Agreements that the customer has made with Berformance outside of these GTC remain unaffected. The GTC of the respective partner companies apply to the brokered products of the respective partner companies.

GENERAL TERMS AND CONDITIONS OF BERFORMANCE GROUP AG FOR BERFORMANCE WORLD MEMBERSHIP AND BROKERAGE OF OFFERS WITHIN THE SCOPE OF SERVICES VIA THE BERFORMANCE WORLD ONLINE PLATFORM

1 Scope of application

Berformance Group AG ("Berformance") is a Swiss stock corporation with its registered office at Thurgauerstrasse 80 in 8050 Zurich, Switzerland.
Berformance operates the Berformance World online platform www.berformance.world. Private individuals or legal entities ("clients") can use the online platform to purchase a Berformance World membership and apply for Berformance's brokerage services.
The General Terms and Conditions ("GTC") govern the relationship between Berformance and the client regarding the use of the online platform, the Berformance World membership and the brokerage services offered by Berformance in connection with the online platform.
Berformance reserves the right to change the GTC. These cannot be changed unilaterally by the customer. Conflicting or deviating terms and conditions of the customer are not recognized.
By using the online platform, the customer confirms full acceptance of the GTC.

2 Information on the online platform

All information on the online platform does not constitute an assurance of properties or guarantees. Berformance makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clear, but Berformance cannot provide any express or implied warranty in this respect. All offers on the online platform are not to be understood as binding offers from Berformance.

3 Membership of Berformance World

Berformance is the owner of the registered trademark "Berformance". "Berformance World" is the association of customers, sales partners and users into a community who jointly use the online platform "Berformance World" provided by Berformance. With a membership in "Berformance World", customers can use the exclusive products and concepts provided in "Berformance World" for an unlimited period of time, with all the benefits, discounts and special offers shown, as well as any necessary access to the Berformance customer dashboard. The customer can apply for Berformance World membership on the Berformance online platform using a binding online form. The client will then receive a confirmation e-mail from Berformance to the e-mail address provided by the client. Until this confirmation is sent, Berformance reserves the right to reject the application without giving reasons. Berformance charges a one-time membership fee for the Berformance World membership. If the membership fee has been paid, the membership for Berformance World is considered closed and Berformance grants the member access to the services of Berformance World and its online platform. Membership is valid indefinitely.

4 Conclusion of a brokerage agreement

The provision of the online application on the Berformance online platform or the provision of a product application via a sales partner does not constitute a binding offer to conclude a brokerage contract. The customer submits a binding application by filling out an online application, going through it and completing it by confirming the button "Order / or buy now" or by filling out a product application, signing it and sending it back to Berformance. Berformance accepts the customer's offer by declaring its acceptance of the offer to the customer by e-mail.

5 Intermediary services from Berformance

Berformance only provides brokerage services to the client. This means that Berformance provides the customer with the opportunity to conclude the desired contract with one of its partner companies and makes the necessary efforts to ensure that such a contract is concluded.
Under no circumstances does Berformance itself become a party to the contract for the products or services booked by the customer. Rather, such a contract is concluded exclusively between the customer and the respective partner company of Berformance that offers the desired product or service.
Berformance does not guarantee that the contract requested by the customer will be concluded. In particular, Berformance has no authority to conclude contracts on behalf of its partner companies. Rather, the partner company alone decides whether to conclude the desired contract with the customer.
The purpose of Berformance's brokerage services is to broker contracts between customers and the partner companies that offer their concepts via the Berformance World online platform.
Concepts describe the services offered by Berformance's partner companies. The type, content and scope of these services result from the respective concept, from the service description printed in the concept application and from the applicable general terms and conditions of Berformance's partner companies, which are printed in the respective online application and its appendices. Berformance assumes no liability for the information in the concepts.

6 Remuneration

Berformance does not demand any remuneration from the customer for its brokerage services. However, it is possible that Berformance receives a commission for these brokerage services from the partner company with which the customer concludes the desired contract. This commission is usually included in the fee that the customer has to pay for the contract with the partner company. The customer can find out the commission, which includes Berformance from the partner company, from the contract documents, usually the service description, of the partner company before signing the respective contract.
The customer acknowledges and agrees to the above provisions on commission payments to Berformance and expressly waives any possible claims for the surrender of such commissions against Berformance, be it due to other legal provisions or lack of disclosure of the commission amount in the contract documents, which he can inspect before signing the contract.

7 Exclusion of financial services; risk notice

Berformance does not have a license to conduct banking business or to provide financial services or to advise on and broker financial investments. Berformance therefore does not provide investment brokerage, investment advice or financial portfolio management or any other financial services requiring a license.
Insofar as Berformance's brokerage services relate to contracts involving the procurement and maintenance of hardware and software, the rental or sales proceeds of which are paid directly to the client by the operators in cryptocurrencies, these are exclusively technical services. Berformance's partner companies do not provide any financial services either. The handling of crypto assets after receipt by the client is the sole responsibility of the client.
The customer acknowledges that the creation of and trading in crypto assets entails considerable risks and can lead to the total loss of the capital invested, in this case generally the returns from rental or sales proceeds. Such transactions should only be concluded following detailed advice from a competent person.

8 Individual agreements, amendments

Individual written agreements always take precedence over these GTC. Deviating terms and conditions of the client shall only become part of the contract between the parties if and insofar as Berformance has previously agreed to their validity in writing. Verbal agreements between Berformance and the client are not valid.
Berformance may amend these General Terms and Conditions. Berformance will inform the customer of the intended change in text form (e.g. by e-mail). The client may object to the intended amendment within six weeks of receipt of the notification. If the customer does not object in due time, the amended General Terms and Conditions shall become part of the contract.

9 Warranty and liability

Berformance assumes no warranty or liability for the services of the partner companies with which the customer concludes the brokered contract. Berformance is only obliged to provide the brokerage services specified in § 5 and is only liable for these brokerage services.
Within the scope of application of § 10 para. 1 sentence 2, Berformance is liable as follows:
a) Berformance is only liable for damages that are based on an intentional or grossly negligent breach of duty by Berformance itself or a legal representative or vicarious agent of Berformance.
b) Berformance is in no case liable for slight negligence, indirect and consequential damages and loss of profit, unrealized savings, as well as any acts and omissions of its auxiliary persons.
c) Insofar as the liability of Berformance is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of Berformance.

10 Data protection and property rights

With regard to data protection, Berformance's privacy policy applies, which can be accessed at www.berformance.com/datenschutz.
All logos, photographs and other images on the online platform are protected by trademark law or copyright. Any use without the consent of Berformance is prohibited and will be prosecuted under criminal and/or private law.

11 Final provisions

Subject to a mandatory place of jurisdiction, the exclusive place of jurisdiction is Cham (Zug). Berformance is also entitled to assert its rights at the customer's domicile.
The legal relationship between the customer and Berformance is governed exclusively by Swiss law to the exclusion of conflict of laws rules. The Vienna Sales Convention is not applicable.
The general terms and conditions of the respective partner companies apply to the brokered products of the respective partner companies.