Terms and conditions
Invite a friend program
of the bloxxter AG
CH - 6300 Train
(hereinafter referred to as "BLXAG")
Bloxxter 1 GmbH (hereinafter: "Issuer"), an indirect subsidiary of BLXAG, operates an online platform (hereinafter also referred to as the "Platform") through which token-based securities (hereinafter: "digital securities") issued by the Issuer are offered, which are represented by cryptographic tokens (hereinafter: "BLX01").
Investors who have already subscribed to BLX01 of the Issuer may recommend the digital securities to persons from their family, friends and acquaintances (hereinafter: "Interested Parties"). On the basis of these Terms and Conditions (hereinafter: "T&C Invite a friend"), BLXAG would like to grant a "recommendation bonus" both to the investor who recommends the digital securities to others (hereinafter: "the Tipster") and to the referred investor who subscribes to digital securities at the instigation of a recommendation (hereinafter: "the Referred Investor").
These T&C Invite a friend apply to participation in the Invite a friend program set up by BLXAG.
§ 1 Scope
These T&C Invite a friend apply to all Tipsters and Referred Investor who participate in the Invite a friend program offered by BLXAG. The current version of the T&C Invite a friend can be downloaded from bloxxter.com in the non-public area of the website.
§ 2 Participation
(1) Participation in the Invite a friend programme is voluntary and is open only to investors who have purchased digital securities of the Issuer through the website bloxxter.com (hereinafter the "Website") and to investors who purchase digital securities through the Website on the basis of a recommendation by a Tipster.
(2) Only natural persons may participate in the Invite a friend program.
(3) Investors who would like to participate in the Invite a friend program as a Tipster use the digital referral link/reference code available in the personal area of the Website ("Dashboard"), which they can send to interested parties. Tipsters can only be investors who have already purchased BLX01 from the Issuer and have completed their own purchase process.
(4) Interested parties participate in the Invite a friend program as soon as they use the referral link/reference code provided to them for their registration with the Issuer. If the interested parties use the referral link, they will receive the T&C Invite a friend by email as part of their registration. The General Terms and Conditions of the Issuer apply to participation in the online subscription process.
§ 3 Status, rights and prohibited activities
(1) The role of the Tipster is limited to the occasional recommendation of the Issuer and the digital securities offered by it by forwarding the recommendation link/reference code. The Tipster is not bound by instructions either to the Issuer or to BLXAG. The Tipster has no obligation to act as a Tipster for BLXAG or the Issuer. The Tipster is free to decide whether he wishes to recommend the digital securities offered by the Issuer to interested parties and which interested parties he does so. The Tipster acts neither as a commercial agent pursuant to §§ 84ff. HGB nor as a commercial broker according to §§ 93 ff. HGB.
(2) The following activities are prohibited for the Tipster in connection with recommendations made:
The Tipster is not entitled to act as a representative of BLXAG and/or the issuer, i.e. the Tipster may in particular not act on behalf of BLXAG and/or the issuer and is not entitled to make or receive any declarations with legally binding effect for and towards BLXAG and/or the Issuer.
The Tipster is not authorized to advise interested parties with regard to possible investments in digital securities, i.e. the Tipster may not make any personal recommendations to interested parties or their representatives.
The Tipster is not entitled to provide investment brokerage services to interested parties, i.e. in particular the Tipster may not, as a messenger, receive declarations of intent from the interested party which are aimed at the conclusion of an investment and forward them to BLXAG and/or the issuer. Investments may only be made via the digital investment process on the Website of the Issuer.
The Tipster is not entitled to actively promote the willingness of interested parties to conclude contracts with regard to investments in digital securities. BLXAG draws the attention of the bettor to the fact that the provision of investment or contract brokering and/or investment advice in relation to digital securities which are not the subject of these T&C Invite a friend requires the regulatory approval of the Federal Financial Supervisory Authority (BaFin) and that such activity without the appropriate approval - even in the event of negligence - constitutes a criminal offence (§ 54 German Banking Act).
§ 4 Bonus of the Tipster and the Referred Investor
(1) For each Referred Investor who has provided the referral link/referral code of the Tipster, the Tipster receives a one-time bonus from BLXAG of up to 50 BLX01 (hereinafter: "tipster bonus"). BLXAG is entitled to adjust the amount of the tipster bonus at any time. The current amount of the tipster bonus can be found in the Dashboard.
(2) The Referred Investor will also receive a one-time bonus in the amount of the currently valid Tippgeber Bonus (hereinafter: "investor bonus") upon completion of his subscription to the digital security.
(3) It is not possible to pay out the tipster or investor bonus other than in BLX01 (e.g. EUR payments).
(4) The Tipster and the interested party are aware that the Issuer may refuse to register an interested party or to subscribe to an investment with the interested party via the platform. Neither the Tipster nor the interested party is entitled to a bonus in this case.
(5) In the event that the tipster or investor bonus paid by BLXAG should be assessed by the tax authorities as subject to VAT, it is agreed that this VAT is already included in the tipster or investor bonus.
(6) The tipster bonus fully covers the activities of the Tipster; there are no further claims for remuneration or reimbursement of expenses. The Referred Investor is also not entitled to further payments in connection with the Invite a friend program.
(7) Offsetting against existing claims against BLXAG or the retention of payments on account of such claims shall only be permissible insofar as the counterclaims are undisputed, ready for decision or have been established as final and absolute.
§ 5 Requirements for bonus payments
(1) Entitlement to the tipster or investor bonus arises when a Referred Investor has paid the subscription amount for the purchase of a digital security offered via the Platform, the statutory withdrawal period has expired without the Referred Investor having declared withdrawal and the registration of the Referred Investor has been completed completely and successfully. A registration is complete and successful when the Referred Investor has provided all necessary information, has completed the KYC process positively and has set up or deposited a wallet (digital safe deposit box). Entitlement to the tipster bonus also requires that the Tipster himself has fulfilled all requirements for his own proper subscription in accordance with the conditions of the digital security (payment, KYC process, setting up a wallet and no withdrawal).
(2) Entitlement to the tipster or investor bonus shall lapse if and insofar as the execution and settlement of an investment made by an Referred Investor is reversed for whatever reason or is invalid from the outset. Bonus payments already made must be repaid in such cases. The entitlement to the tipster bonus also ceases to apply if and insofar as the execution and settlement of the tipster investment is reversed or is ineffective from the outset. In this case, the tipster bonus must be repaid.
(3) The tipster or investor bonus shall be allocated to the respective designated wallets of the Tipster or the Referred Investor within 14 calendar days after the conditions set out in paragraph 1 have been met. (4) The assignment of a Referred Investor to a Tipster is done via the referral link/referral code of the Tipster, which has to be used when registering the Referred Investor. If a Referred Investor uses the referral link/referral code with activated cookies, the Referred Investor can register immediately in the session for the registration process or up to 30 days after using the link. If the browser window for the registration process is closed and registration is continued later on the same computer and browser, it is still possible (with the aid of cookies) to assign the registration of the Referred Investor to the Tipster. If the Referred Investor (with cookies activated) does not register within 30 days of using the link or uses a different computer or browser, it is no longer possible to assign the Referred Investor to the Tipster. In this case, the Tipster and the Referred Investor are not entitled to any bonus payments.
(5) If a Referred Investor uses the link without activated cookies, the Referred Investor can only be allocated if the Referred Investor carries out the registration directly in the session started by activating the link. If the browser window is closed before the registration is completed and the registration is continued later, it is no longer possible to assign the Referred Investor to the Tipster. In this case, the Tipster and the Referred Investor are not entitled to any bonus payments.
§ 6 Data protection
Both the Tipster and the Referred Investor undertake to observe all applicable data protection regulations, in particular the Basic Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG).
§ 7 Liability, Limitation period
(1) BLXAG shall only be liable for gross negligence and intent as well as for breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the client may regularly rely ("cardinal obligation").
(2) In the event of a slightly negligent breach of a cardinal obligation, the liability of BLXAG shall be limited to damages foreseeable at the time of conclusion of the contract and typical for the contract.
(3) The aforementioned limitations or exclusions of liability shall not apply in the event of fraudulent concealment of defects, the assumption of a guarantee or a procurement risk, for liability under the Product Liability Act or for physical injury (injury to life, body or health). This does not imply a change in the burden of proof to the detriment of the bettor or advertised investor.
(4) The above provisions on limitation of liability shall also apply in favour of employees, representatives, organs and vicarious agents of BLXAG.
(5) With the exception of claims in tort, claims for damages by the bettor or advertised investor, for which liability is limited under this provision, shall become statute-barred one year after the statutory limitation period begins.
(6) These T&C Invite a friend do not establish any claims against the Issuer which are not part of this agreement.
§ 8 Term and termination of the contract
(1) The Invite a friend programme and the agreements concluded on the basis of these T&C Invite a friend end upon termination of the public offer to purchase the Issuer's digital securities. BLXAG is entitled to prematurely terminate the Invite a friend program at any time, to change its terms and conditions or to replace it with a new program, without this requiring the existence of a (good) reason or the consent of the Tipster or Referred Investor.
(2) The parties may terminate this agreement at any time without notice and without giving reasons. The declaration of termination of the agreement may be submitted in electronic form and in this case must be sent to the e-mail address stored in the account of the Tipster or the Referred Investor in the event of termination by BLXAG, and to email@example.com in the event of termination by the Tipster or Referred Investor.
§ 9 Final provisions
(1) This contract is subject to German law.
(2) Without the prior written consent of BLXAG no assignment of rights under this agreement shall be permitted in whole or in part.
(3) Should individual provisions of this agreement prove to be invalid or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, the parties shall be obliged to replace the invalid or unenforceable provision with a legally permissible provision that achieves the purpose of the invalid or unenforceable provision, in particular what the parties intended, with the closest possible approximation. The same shall apply accordingly if a gap requiring supplementation should arise during the execution of the agreement.