Terms & Conditions
^16.09.2022

 

1. Introduction – Scope of Service and operator
2. Account Registration and Service description
3. Fees
4. Licence | Duration
5. Conclusion of the contract between the members
6. Rights of use for the setting of content
7. Trading on the platform
8. Inadmissible contents
9. Warranty and exemption
10. Liability of the operator
11. Your liability
12. Extraordinary termination and blocking
13. Data Privacy
14. Commissions
15. Software / Platform changes
16. Changes to the General Terms & Conditions
17. Governing Law and Venue
18. Severability
19. Indemnity  
20. Final provisions

 

Our Terms & Conditions are important. Please read them carefully!

If you...

1. Push, click on the “accept” Button.  and/or
2. Complete the account registration. and/or
3. Using the services of FiPME and/or
4. Buy/Sell ingame items, ingame services, digital art on our application

...you agree to be bound by these Terms & Conditions and all of the terms contained herein.
and
If you do not agree to these Terms & Conditions, you may not access or use our website, software and services in any way.

Update and changes of Terms & Conditions

FiPME reserves the right to change, add, delete parts or modify these Terms & Conditions at any time and in its sole discretion. If we change these Terms & Conditions, we will provide notice of those changes with two weeks' notice in advance:  

1. by sending an email notification and/or  
2. via a notice in our NewsChannel on the Platform and/or  
3. updating the date of our Terms & Conditions.   

Please review the Terms & Conditions regularly and make sure that you do understand these. You confirm your acceptance of the modified Terms & Conditions by continuing to access and using our services.  
If you disagree to the revised Terms & Conditions, you are not allowed to access or use our service and platform.

FiPME is a start-up therefore we have a growing number of services and markets and we need to add additional terms which will then become part of the current agreement you have with us when you use those additional services.

1. Introduction – Scope of Service and operator

Welcome to the FiPME platform – the marketplace where you can trade ingame items, ingame services and digital art. The operator of the platform app.fipme.eu (hereinafter: platform) and therefor the contractual partner of the users of this online platform is:

FiPME GmbH (hereinafter: operator)
Blegistrasse 1,
6343 Rotkreuz
Switzerland  

Reg.No.: CHE 439.955.604
VAT No.: CHE-439.955.604 MWST

FiPME GmbH is represented by its directors Stefan Kämper and Alexandru Turkonje.  

The platform-software is intellectual property of First international Play Money Exchange OÜ, Tallin, Estonia. (hereinafter “FiPME”)
FiPME has licensed this software as “SaaS”. The operator is running the software on sole proprietary direction. FiPME has no possibility to influence the way FiPME uses the software.
These Terms & Conditions contain the conditions and rules of conduct for the use of the online platform and for all legal transactions and actions similar to legal transactions that are made between you and the operator. Terms & Conditions that deviate from these Terms & Conditions are not valid unless the operator expressly agrees to them.u and the operator. Terms & Conditions that deviate from these Terms & Conditions are not valid unless the operator expressly agrees to them.

2. Account Registration and Service description  

For the use of the online platform a free registration to become a member by the user is necessary to log in and participate at the platform and/or hand in binding buying or selling interests of virtual (gaming) items, (gaming) services and digital art. Natural persons with full legal capacity from a minimum age of 18 years as well as legal entities can register as members. Through registering and creating of the account (“account”), you agree to secure filling out all requested fields with your correct and actual data and information about yourself. You have to make sure you keep your personal information up to date and inform us of any changes immediately when they occur. You can do so by updating your personal data. It is your obligation to keep your password safe and secure! You accept to be responsible for risks and damages which may occur due to not safekeeping your log-in credentials to your account or your personal data. You agree to inform us immediately if you spot any suspicious activities with your account, the platform and any other security breaches. It is not allowed to open multiple accounts from one user and you agree that the operator is allowed to close and/or freeze multiple accounts without any prior notice due to the fact that it is not allowed to make deals with yourself at the platform.

You understand and agree not to:

• Open a new account, when the operator closed your account and/or banned you from participation at the platform, unless you have a written permission by the operator prior to the opening of a new account.
• Transfer your account to another person. Neither through sale, renting out, lending or leasing. If you wish to do so, you have to ask for operator’s permission first and wait until you received this permission in written form.
• Use your account together with more persons (account sharing)
• Use any unauthorized third-party applications, programs, code or installations to log in or take actions at the platform. If you wish to do so, you have to ask for the operator’s permission first and wait until you received this permission in written form.
• Open account for other people.

I) In order to fulfil applicable law and regulations, including AML (anti-money laundering rules) and KYC (know your customer), the operator or a 3rd party provider may request additional information and documents from you. That might be the case if there is evidence or a reason to believe that your account contains false identification information, might be used for illegal activities (e.g. money laundering, financing of terrorism etc.) or you have made transactions that can be seen as a breach of our Terms & Conditions.  

In any of the above cases the operator may:

1. Pause your trades and account until the case have been reviewed by an admin and cleared. For that we might require additional documents and information to satisfy the applicable law.
2. Stop you from further trading when you do not follow the process.
3. Freeze your account and possible pay-outs, if you refuse to hand out the requested information to the operator or to authorities.  

II) We need to communicate with you, if you wish to use our service. Therefore, you allow us to send you communications from FiPME (this can be via E-Mail, in-app messaging other electronical ways of communication, postal or voice communication) and you agree and accept that these communications will be legally binding for you and fulfil any credentials necessary for these communications to be legally binding. These communications may contain important information regarding your account: for example, but not limited to your use of the platform, your interaction with other users of the platform and settlement of possible disputes, obligations you have to meet to follow the rules and regulations and more. We highly recommend you to make copies of these communications by hardcopy or saving electronical copies on your own hard drive.

III) To provide you with the best information for participating at the platform we will send you additional information by E-Mail. This might be (but not limited to) newsletters, special offers, hot gossip, surveys and news from the gaming world or news from the Cow Level Group. These E-Mails may come from the operator or one of its business partners (e.g. Cow Level AG, FiPME and more) and by accepting this Terms & Conditions you allow us to send you these E-Mails. If you wish, you can always opt-out these possible promotional communications by clicking an “unsubscribe” button immediately at the end of these E-Mails.

IV) We take the privacy of your data very seriously. Nevertheless, to provide you the best possible service we have to interact with your personal data. When you decide to transmit your personal data to us, using the application, websites or any other electronical or not electronical way, you agree to our Privacy Policy as stated Link and explicitly agree and allow us by your free will to use, collect, distribute and disclose your personal data in line with the Privacy Policy.

V) Our service is offered in the internet and you have to make sure and are responsible to bring at your own costs any hardware or software or connection to the internet, may it be a landline line or mobile, which is needed to interact properly with the platform and our service(s). Should any costs or fees outside our application or websites occur on your side by using the application on our websites or services through third parties, you agree to be responsible for these costs or fees.

VI) You acknowledge that except for the 3rd party components included therein, e.g. the newsfeed might lead to 3rd party websites, games, software, apps and other licensed content in which case those license terms will govern those contents and where the 3rd party provider is responsible for their intellectual property. In the event you might trade game items or services from a 3rd party game publisher through our platform – you are required to comply with the Terms & Conditions and any further rules of the 3rd party service.  

The platform’s service is an administrative platform service only. The platform and all affiliates are not a broker, financial institution or creditor. The operator is operating the software as a SaaS to facilitate transactions between buyers and sellers of ingame items, -services and digital art. The Software enables buyers and sellers to find their best possible trading partner on the platform for best price execution by themself. The operator is not a Party to any transaction or agreement between buyers and sellers or any users who transact these items, services and digital art.

3. User account

The operator provides each fully registered Member with a settlement account maintained in EUR in order to be able to carry out money transfers on the platform for the payment of (virtual) goods or services or as a security deposit.

It is not possible to transfer money from a settlement account to a settlement account of another member. The account is free of charge, is kept in credit and no interest is charged or calculated in any form.

The settlement account can be topped up by a PayPal account belonging exclusively to the member. It is expressly forbidden to load the settlement account with a PayPal account that does not belong to the member. Otherwise, the operator reserves the right to freeze the customer account until the case is fully clarified and possibly return funds, whereby all costs incurred may be charged to the settlement account of the member.

Withdrawals can be made at any time. Any costs incurred by third parties will be charged to the settlement account. Only withdrawals to an account of the member can be made. If possible, pay-outs will be sent to the payment source where deposits came from.

The operator expressly draws attention to the fact that these settlement accounts are not supervised by FINMA and the deposits are not covered by any deposit insurance.

The operator reserves the right to perform a full KYC at any time, in particular prior to withdrawals, or to have it performed by third-party providers. Fees incurred by third party providers for this KYC may be charged to the settlement account.

In the unintended event a settlement account “systematically” (e.g.charged fees) has a negative balance, the member's options on the platform will be restricted. You agree to settle the settlement account as soon as possible and grant the operator the right to claim the balance.

4. Fees

Registration to use the online platform, placing offers for sale and bidding to buy are free of charge for all users, private and businesses.
We charge a fee when buyers and sellers are matched. This fee is calculated by the total sum of the deal: buyer and seller share the costs and both of them pay 1,89% (including VAT if applicable) of the traded total each.

As an example: If a buyer wants to bid 100 for a virtual good he has to have 101,89 in his account and after a successfully delivered deal the seller receives 98,11, so that both paid a commission of 1,89%. Filling up the account is free of charges from the operator’s side. If you want to top up your settlement account, you have to pay the amount plus the fees PayPal charges for the payment. You can investigate these fees here: PayPal fee structure.

Additional cost may occur by your way of payment to PayPal (e.g. your credit card, bank transfer and any further cost) which you have to bear.

All costs regarding withdrawing money on our side we will be charged 1:1 as well if applicable. All costs on the recipient side are borne by you.

5. Licence | Duration

The contract between you and the operator is concluded for an indefinite period. The contract can be terminated by you at any time with a notice period of fourteen days to the end of the month by notifying the operator. The notice must be in text form.
The operator can terminate the user contract at any time with a notice period of fourteen days to the end of the month in text form. The right to block member accounts remains unaffected.
The right to extraordinary termination remains unaffected for both parties.
You are hereby granted a personal license to use our service! This license is a limited, non-exclusive, non-transferable, non-sublicensable, to access and use the service, the platform and our content. This license does not include the right to

1. sell, resell or commercially use the software, service or its content
2. distribute or display the software or its content
3. use software to data mine, collect data to analyse and trade nor to manipulate the market
4. use the software and service or content for any purpose other than its intended use.

6. Conclusion of the contract between the members

The placement of “bids” (your wish to buy anything) or “offers” (your wish to sell anything) on the online platform constitutes a legally binding offer to conclude a purchase or sell contract.
If your placed order is getting matched (you inserted a “bid” and a seller is matching your price, willing to sell you the item or service you have bided for or you placed an “offer” and a buyer is matching your price, willing to pay you the amount requested for the item or service) a legally valid purchase contract between seller and buyer is created.

The buyer and seller are fully responsible for verifying that the traded item is legitimate and fully corresponds to the description of the respective market. Buyer and seller must store evidence of transfer / delivery for security reasons and expressly agree to this task. In case of any dispute the operator advisory has the right to verify these records in order to handle the consequences on request.

Neither the operator or the FiPME platform will be counterpart in any deal and will not be “buyer” and “seller”.

Neither the operator nor the FiPME platform make any representations about the identity, legitimacy or authenticity of any item or service offered on the platform, even if advertisements, commercials or messages suggest this confirmation.

7. Rights of use for the setting of content

You grant the operator transferable, simple, spatially and temporally unrestricted rights of use to the content you have posted on the online platform to the extent necessary for the operation of the online platform.

In particular, you grant the operator the right to place the relevant content on the online platform and to make the necessary copies of the content (storage on the servers, etc.). In addition, you grant the operator the right to edit the content in order to better present it on the website. This editing can be, for example, the shortening or editorial editing of texts, the production of excerpts from posted images or the reduction of images to thumbnails. Furthermore, the operator has the right to reproduce, make publicly available and publicly reproduce the content in the best possible quality via different end devices and different networks (public and private), whereby the right to make content publicly available also includes, in particular, the transfer of content to fixed or mobile end devices (e.g. cell phones, etc.) of other users. The right of public reproduction also includes in particular the right to reproduce content on the online platform by streaming.

If you post your content on the online platform, you also allow other users to use your content to a certain extent. Thus, posted texts may be read and any images viewed. This inevitably entails storage of the content in question in the RAM of the other user's end device.

FiPME logo and all content that might be: a) designs b) text c) graphics d) software/data/code and e) other files which are not the gaming items & services and virtual art, are the proprietary property of FiPME or our business partners, licensors or users, if not otherwise indicated in writing by operator.  

FiPME logo and any FiPME product or service name, logo or slogan that may appear on the Service or in the service are trademarks of FiPME or our business partners and may not be copied, imitated or used, in whole or in part, without our prior written permission.  

Please be aware that it is forbidden to use any:

1. metatags that uses FiPME or
2. any other business partner’s name, e.g. InterGameSwap or
3. trademark, or
4. product or service name of FiPME or our affiliates or
5. use the appearance of our service and content, including to custom graphics and scripts, trademarks in whole or in parts without our prior written permission.  

To reference any product, service or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by FiPME.

We are happy to discuss concerns with you at: compliance@fipme.eu

8. Trading on the platform

Using the application you can buy or sell ingame items, ingame services and digital art.
To enter the market, you should choose the game. After you have filtered the desired game, you go to the list of items (markets). On this, you get to the respective trading page with the DOM (Depth Of Market) where you can create limit buy and sell orders. This order is added to the list of orders in the market (DOM) page and to the your My orders list with Open status.

Definitions:

• The sum of wallet (Wallet balance in profile) - sum in €
• BID amount (value) (“My BID column” on DOM) - the sum that were placed in the buying orders, i.e. the total value of items that you published in buying orders. BID amount is blocked on your wallet at publishing an order.
• ASK amount - the sum in € that were placed in selling orders: how much Euro (€) you could get supposing you would sell all items that were placed in selling orders.
• Buying power (“Available for Trading” sum displayed on any page) = The sum of wallet - BID amount minus operator commission. Buying power is the balance of € that you can spend on buying orders. When you publish the buying order:
• The sum of the wallet stays without changes.
• Buying power decreases with the sum of the order and operator’s commission.
• BID Amount increases with the sum of the order

When you intend to publish an order to buy items, the system must check if you have enough € on “Buying power” for paying for the item plus the commission. If not – the order will be rejected. If “yes” - the system must block this sum of the order at your account until the order will be completed or cancelled.

We have several deal statuses for you – which you can check in “deals in progress”:

Deals statuses:

1. Waiting for scheduling - orders got matched. Timer - 48 hours started. Within the timer both users should:

          - open the chat  

          - schedule the deal for a certain date and time OR, if they have already exchanged the items - confirm the delivery. In this case the users don't need to schedule the deal.  

2. Waiting for delivery - Once you scheduled the date and time the status becomes Waiting for delivery (even if the scheduled date is in several weeks). Once the Scheduled date comes a new timer of 24 hours is started. You should confirm or cancel the deal.
3. Waiting for Buyer - Seller is confirming the deal before the Buyer (after delivery).
4. Closed - Buyer confirmed the deal or system executed the deal by timer
5. Cancelled - Counterparts agreed mutually to cancellation or the system cancelled the deal automatically.
6. Paused - One of the Counterparts complaints to the Admin. All timers are stopped and removed.None of Counterparts can’t do any operations with the deal. Admin gets a notification and must resolve this dispute manually.

Main success deal’s flow:

1. Once the deal is created - the timer with 48 hours is started. Counterparts (Buyer and Seller) get notifications about the deal creation and are forced to open the chat. Counterparts have 48 hours for opening the chat and scheduling the deal. Counterparts also can exchange the items and confirm the delivery (within 48h still) not scheduling the deal.

The deal can be cancelled only by the confirmation of both parties on any status except closed. The system ignores cancellation of just one counterparty. On mutual cancelling the system debits both Counterparts with commission and refunds the rest of earlier escrowed sum to the Buyer. The deal cannot be re-scheduled. Once the date and time chosen by both parts, got matched, they cannot choose another date and time.  

2. Once the scheduled date and time comes (both Users get a notification on this moment) the second timer of 24h starts for Counterparts to confirm the deal.   

The Seller is limited to confirm the deal - within 12 hours after the scheduled timestamp. After that period the Seller will not be able to confirm the deal.  

Confirming the exchange happens on “My deals in progress” page.  

Initially, all deals get to “My deals page” with “Opened” status and the chat window closed. To react, you should press “Open the chat” and schedule the deal with counterpart within 48h, otherwise, the deal gets automatically cancelled.

In the chat, you have to arrange the time for catching up with the other gamer in the game, outside FIPME platform if the game is not connected through API. You have to schedule the deal date withing 48h from the moment the orders were matched.

The available interval for scheduling - 33 calendar days from the time when orders were matched.

After the scheduled date and time the Seller has 12 hours to confirm the delivery and the buyer is send a notification by e-mail. The buyer has time to complain until 24 hours after the scheduled date or 12 hours after the confirmation of the seller until the money will be transferred to the seller without confirmation of the buyer (commission deducted.) And the deal will be closed.

If the buyer confirms the deal at any time, the deal will be closed and the money will be transferred to the seller (commission deducted).

Trading with yourself is not allowed.
Putting in bids and offers you are publishing a binding legal order.

9. Inadmissible contents

You undertake vis-à-vis the operator not to post any illegal content on the online platform when opening markets, in the news service or using the chat. You will not provide content that:

 - is insulting or defamatory, irrespective of whom this content concerns.

 - is pornographic, glorify violence, are abusive, immoral or violate youth protection laws.

 - constitutes unreasonable harassment of other users, in particular through spam.

 - is protected by copyright, trademark or patent law without being entitled to do so.  

 You are also prohibited from distributing or publicly reproducing content of the online platform or of other users, unless such distribution and public reproduction is provided for in the context of the use of the online platform or the other user has consented to such distribution and public reproduction.   

10. Warranty and exemption

You warrant to the operator that you are entitled and able to grant the rights to the aforementioned extent to the content posted by you. In particular, you warrant that you will not post any content with which you infringe copyrights, trademark rights or other intellectual property rights of third parties. You also warrant that you will not post any anti-competitive content. You are obliged to inform yourself accordingly and, if there are doubts about an authorization, to ask the rights holder for permission. Doubts exist in particular if

 - ingame items and digital art protected by copyright or ancillary copyright, such as third-party videos, photos, graphics, logos, trademarks and texts. It should be noted that, as a rule, you may not alienate or otherwise edit the works of third parties and post the result on the online platform without the consent of the rights holder;

 - the contents contain personal or other sensitive information about individual persons or groups of persons, unless you have the necessary consents and/or rights of use;

 You also warrant to the operator that you will not post any content on the online platform or open any markets that otherwise infringe the rights of third parties or whose content is unlawful or has been declared unlawful by the operator.

11. Liability of the operator

You are solely responsible for your use of the services and for any information you provide, including compliance with applicable laws, rules, and regulations. The operator takes no responsibility for your information posted or listed via the platform.

You retain your rights to any information you submit, post, or display using the platform.

By submitting, posting or displaying information on or through the platform, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the platform or through tools or applications we provide for posting or sharing such content for our lawful business purposes, including to provide, promote, and improve the platform.

The operator is liable with the following restrictions according to the legal regulations: If your damages result from the loss of data, the operator is not liable for this, as far as the damages would have been avoided by a regular and complete backup of all relevant data by you. The liability of the operator for contract-untypical or unforeseeable damages is excluded. On the other hand, the operator is not liable for the correctness, quality, completeness, reliability, type and quality or credibility of the ingame items and services posted by the members. These do not represent an expression of opinion by the operator, in particular the operator does not adopt the content of the members as its own. The operator is also not liable for the conclusion, implementation and execution of the contracts between the users. It merely provides the platform for the purpose of buyers and sellers finding each other for best price execution on the platform.  

 The operator is not liable for any damages and/or misuse of personal data that may occur due to your use of a third-party app.

12. Your liability

In the event that a claim is made against the operator by a third party because you have violated your obligations with regard to the granting of the rights of use, you shall hold the operator harmless from any liability and any costs, including any legal costs, to the full extent and upon first request. The operator will inform you immediately about the claim and give you, as far as this is legally necessary and/or possible, the opportunity to defend the asserted claim. The same applies to claims by third parties because the subject matter of the content violates legal positions of third parties, in particular copyright exploitation rights or personal rights, irrespective of the authorship of the content.

You are responsible to the operator and third parties for your own posts, comments and all user profile content, especially with regard to their content accuracy. If a claim is made against the operator by another user or other third party due to illegal posts, comments, user profile content and/or offers, you release the operator from any liability and any costs to the aforementioned extent.

You are solely responsible for all grants of rights of use, contributions, contents of your user profile as well as bids, offers and trading.

13. Extraordinary termination and blocking

You and the operator have the right to terminate the contractual relationship for cause at any time without notice. An extraordinary termination by the operator is possible in particular in the event of gross violations of these Terms & Conditions, in the event of violations of the obligation to truthfully provide the required personal data or in the event of gross violations of the prohibition of posting inadmissible content. Furthermore, an extraordinary termination for another important reason, in particular in case of loss or suspected misuse of the access data by a third party, is possible. In any case, the termination must be in text form.

In the event of violations of these Terms & Conditions, the operator may also temporarily block you as a mitigating measure in order to urge you to comply with your obligations. You will be notified of a block in text form. In the event of a blocking of the member account or a termination by the operator for good cause, you are prohibited from re-registering with the online platform and opening a new member account until the operator has given its express prior consent.

In addition, the operator may, as an even milder measure, delete such offers that violate statutory provisions or these Terms & Conditions. When choosing the measure, the operator will take into account your legitimate interests, in particular the fact whether you are responsible for the violation.

14. Commissions

Referral Program

The operator might grant the member the possibility to gain rewards for attracting new members to the platform, which is called “referral program”.

Each member is provided with a “referral link”. This referral link can be used to attract new members to the platform. If the referral link is successfully used during the registration of the new member, the new member will be linked to the referring member and a part of the commission paid by the referred member will be paid to the referral as long as the account exists. By sharing your unique referral code, which is shown located in your account details on your profile, you acknowledge and agree to the Terms & Conditions.

The actual percentage of the referral bonus is 0,175% (including VAT if applicable) of the total sum of the deal.

On invitation the operator can grant a “super-referral” status. This super referral status might additionally grants an provision for the referrals of the referrals (2nd level referral).

The operator has the right to withdraw the super referral status at any time without any reason. Already attracted members before termination of the super referral status will be treated / linked as “attracted as super referral members”.

The benefits of the super referral attracted members will be valid and credited as long as the account exists.

The actual percentage of the super referral bonus is 0,1% (inclusive VAT if applicable) of the total sum of the deal.

Referral bonus and super referral bonus will be paid the moment the commission is received on the operator’s account and are only earned if the commission is fully paid.

Request a new market

The operator wants to encourage the gamers to ask for opening new markets they want to be listed on the platform. Therefor the member has to fill out the form which is reachable through the “request new market” button.

We will check if it is possible to open this market. After a positive check the operator will add the market to the platform. As a reward the one who asked for the market (first) will be the “market-opener” and will receive a cut of the commission occurring in this market.

If more than one member is asking to open a market, just the first one asking can be linked. Timestamp of request will count.

The reward for opening a market will be taken into the account as long the account (and the market) exists, the moment the commission is paid.

The reward for the market-opener is 0,15% (including VAT if applicable) of the total traded sum of each deal in this market.

Publishers Cut

The operator honours the work of the studio / publisher of a game or digital art. Therefor the “publisher’s cut” is paid out. 0,5% (including VAT if applicable) of the total amount of every trade in every market relating to a game (or digital artist) will be paid out to the creator. No contract or agreement is necessary. The operator will pay out the amount on its own initiative.

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All commission payments are processed through PayPal. It is your responsibility to ensure you can accept the PayPal transaction before creating your account with the PayPal service. The Operator shall not be liable for any failure by PayPal to make the commission pay-outs, any reduction in amounts paid to the affiliate user by virtue of PayPal’s processing of the payment (including without limitation any fees payable to PayPal in connection with the withdrawal of funds from an affiliate user’s PayPal account) or any liability of any nature whatsoever resulting from an affiliate user’s use of PayPal services. The Operator is not liable for the payment of commissions to applicable users if the operator does not receive payment.

Commission pay-outs may be reversed as a result of, without limitation:

1. cancelled sales
2. product returns
3. duplicate or repeat errors
4. non-bona fide transactions
5. non-receipt of payment from a user
6. refund of payment to a user
7. failure by an affiliate user to comply with these Terms & Conditions.

Nothing in term 14. Commissions constitute a contract between you and the operator. The referral program can be stopped and cancelled at any time without any reason.

15. Data Privacy

The purpose of collecting your data is to be able to provide a user-friendly, efficient and secure Internet service.

All information on data protection and data security can be found in our privacy policy.

16. Software / Platform changes

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the trading and/or the platform at any time and without liability, therefore.

17. Governing Law and Venue

The contractual relationship between you and the operator and these Terms & Conditions shall be governed exclusively by the laws of Switzerland and the court of Canton Zug shall be the exclusive place of jurisdiction.   

The mandatory consumer protection provisions that apply in the country in which you have your habitual residence remain applicable insofar as they offer you further protection.

Insofar as the member is a company, a legal entity under public law or a special fund under public law, the registered office of the operator in Canton Zug, Switzerland shall be the exclusive place of jurisdiction for all disputes arising from the user agreement and these Terms & Conditions.

18. Severability

If any term, clause or provision of these Terms & Conditions is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms & Conditions and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms & Conditions.

19. Indemnity  

By accepting these Terms & Conditions you agree to indemnify and hold the operator harmless from and against any and all actions, claims, proceedings, costs, damages, demands, liabilities, expenses or tax assessments and whatsoever –including reasonable legal fees and disbursements, arising out of, sustained, incurred or paid by us, directly or indirectly, in respect of

A) your use and access of the service including payments (in- & outbound)

B) your actual or alleged breach of these Terms & Conditions

C) your use of any sites or resources linked to the service, your actual or alleged infringement by you, or any third party using your account or password, of any intellectual property or there right of any person or entity

D) any user content you distribute on or through the service or which is sent to us by e-mail, mail, messenger or other correspondence

F) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.

20. Final provision

These Terms & Conditions along with the Private Policy constitute the entire agreement between you and the operator and relates to your access and use of the services and content, and your participation on the platform. These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of FiPME GmbH prior, concurrent or subsequent circumstance, and FiPME’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms and Condition is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

YOU SHOULD PRINT A COPY OF THESE TERMS OF USE FOR FUTURE REFERENCE.
If you have any questions feel free to contact the contractor at: info@fipme.eu   

END OF AGREEMENT