§ 1 Scope
With regard to the contractual relationship between a user and the provider of a product, the separately concluded contract for the purchase of the respective product shall apply. This contract comes into effect solely between the user and the provider of the specific product, whereby the provider can expressly also be MarketPeak, if it concerns further education and personal development services and/or software products, but not with other products from the FinTech and Blockchain range.
§ 2 Subject matter and scope of the license agreement; permission, domain restriction
MarketPeak operates an online platform on which MarketPeak presents its own educational and personal development services and/or software products to attract users, as well as providing third party FinTech and Blockchain products with the opportunity to present and engage users. Users registered on the online platform can obtain information about the products offered and purchase or otherwise use the products directly online.
MarketPeak's offer is not directed to any person resident in the People's Republic of China, Singapore and the US (other persons liable to pay tax in the US or any of their states or territories - including, but not limited to, the jurisdictions of Puerto Rico and the Virgin Islands), as well as to persons domiciled in states that are embargoed by the USA, such as Cuba, North Korea, Syria, Sudan and Iran, or to persons domiciled in countries where products from the FinTech and Blockchain area are not legally allowed. Finally, MarketPeak's offer is not directed to users located in a state where the brokering of FinTech and Blockchain products is unlawful or requires permission which the third party does not have in the particular state, the details of which are to be taken from the specific information sheet of the respective third party and the specific product. Any violation of the aforementioned restriction may result in a violation of the laws or other regulatory requirements of these states.
As the operator of the online platform, MarketPeak, provided that it does not express itself as a provider, merely provides a platform and thus the technical equipment to facilitate a product from the FinTech and Blockchain, the settlement of payments and the communication between the users and the respective providers. MarketPeak is not involved, if not expressly acting as a provider, in the contracts concluded between the user and the respective provider via the platform and in the relevant communication and therefore assumes no liability for the contracts concluded between users or the offers made by the users.
MarketPeak may attach certain conditions to the use of the online platform or individual features or the extent to which individual features may be used, such as verification of credentials, duration of use, account type (private/commercial), payment history or submission of evidence (e.g. identity and/or proof of residence). In particular, MarketPeak will make the purchase of FinTech and Blockchain products on the online platform dependent on users' prior verification through a Know Your Customer (KYC) process that complies with regulatory requirements, including relevant money laundering legislation.
§ 3 Cancellation policy
If you use MarketPeak as a user, we grant you a right to cancel and the following terms apply to you:
Right to cancel
This right to cancel is valid for all users with the membership packages "User", "Mindset", "Crypto" and "All-In". Every customer who purchases a more expensive membership does not have a right to cancel.
If you buy one of the memberships mentioned above, you reserve the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of the conclusion of the contract.
To exercise your cancellation right, you must notify us by email by means of a clear statement regarding your decision to cancel this contract. You can use the attached sample cancellation, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice to exercise your right to withdraw before the expiration of the cancellation period.
The cancellation must be sent to:
PEAK SYSTEMS - FZCO, DSO-IFZA,
Dubai Silicon Oasis
Dubai - UAE represented
Consequences of the cancellation
If you cancel this contract, we must refund you all of the payments that we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favourable standard delivery we offer), and this refund must be made without delay and at the latest within fourteen days from the date on which the notification of your contract cancellation has been received by us. For this refund, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged refund fees for this.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided to you at the time you exercise your right to cancellation, in respect of this contract, in comparison with the total volume of services to be provided as part of the contract.
Sample cancellation form
If you want to cancel the contract, then please complete this form and send it back to the PEAK SYSTEMS - FZCO, DSO-IFZA, Dubai Silicon Oasis, Dubai - UAE represented, [email protected]
I/we (*) hereby cancel the contract concluded by me/us (*) for the provision of the following service (*)
• Ordered on (*) / received on (*)
• Name of the user(s)
• Address of the user(s)
• Signature of the user(s) (only when notified on paper)
(*) Delete as appropriate.
§ 4 Availability; system failure; technical conditions of use
If an unforeseen system failure impedes the use of the MarketPeak services, users will be informed in an appropriate manner.
Access to the online platform is only possible via a browser running on a computer or mobile device with an internet connection. Other access methods are not supported. In order to be able to use the MarketPeak online platform in full, the user must always use the latest (browser) technologies or enable their use on their computer (e.g. activation of Java script, cookies, pop-ups). When using older or not commonly used technologies, the MarketPeak online platform may be of limited use. It is expressly understood that due to individual hardware or software configurations, the display and printouts of the data displayed on the website may differ from the screen display, as well as the user's internet connection, within its own area of responsibility, without MarketPeak having any influence or responsibility.
§ 5 Registration; time of conclusion of the contract
A claim for conclusion of a license agreement does not exist.
The data requested during registration must be complete and correct, including, but not limited to, the name and surname, the current address, an email address, payment details, as well as other data/information to be provided in the dashboard within the KYC process. If the information provided changes after registration, the user is obliged to update the information in their MarketPeak account immediately.
Users who use the MarketPeak market place in the course of their commercial or independent professional activity are required to supplement their registration data with the legally required information.
The registration of a legal person or partnership may only be carried out by a natural person who is authorised to represent and who must be named. When registering natural persons, only individual persons may be indicated.
Users must keep their password secret and carefully secure access to their MarketPeak account. Users must notify MarketPeak as soon as they become aware that a MarketPeak account has been misused by a third party.
A MarketPeak registration is not transferable. Multiple registrations for one person are not permitted.
In the event of a breach of any of the provisions of the sections (1) sentence 2, (3) sentence 1, (4), (5) sentence 1, (6) sentence 1 and (7), MARKETPEAK is entitled to terminate the distribution agreement without notice or prior warning.
MarketPeak offers users the opportunity to purchase third-party FinTech and Blockchain products from the online platform and provides the digital infrastructure for this purpose.
The third party publishes a public offer on the online platform for the purchase of a specific product from the FinTech and Blockchain area based on a specific offer, the contract contained therein and the information sheet. Before purchasing, the user must thoroughly consider the data and information provided regarding the product from the FinTech and Blockchain area and understand the product-related circumstances and risks. The accuracy, completeness and currentness of the data and information is the sole responsibility of the third party. The user can inform themselves about the offer on the basis of the information provided by the third party on their own accord and start the digital contract conclusion process by clicking on the button "Start ordering process now".
After selecting the product from the FinTech and Blockchain area, the user determines the bitcoin amount to be paid (a payment to other crypto currencies or in fiat money is not possible). After entering all further information required in the ordering process, the user declares the acceptance of the offer by clicking on the button "Now conclude contract with costs". In addition, the user accepts the product contract and the third-party provider's information sheet by making appropriate active check-mark before completing the registration process and then accepts the same as an integral part of the contract. The user receives a confirmation on the screen immediately after acceptance of the offer, which is subsequently sent to them by email.
MarketPeak provides the user with further free services on the online platform. MarketPeak is not responsible for the content published by users or third parties. In addition, the user has the opportunity to manage his FinTech and Blockchain products and user profile, and to view and download documents provided by the third party. The services offered by MarketPeak continue to evolve and may change from time to time. MarketPeak can therefore add or remove individual functions or features, or discontinue services temporarily or permanently in the future, for example for technical or legal reasons.
§ 7 Commission
If a contract for the purchase of a third-party product from the FinTech and Blockchain area between users and third-party providers on the MarketPeak online platform is successfully concluded, the third-party vendor must pay commission to MarketPeak. The commission amount can be seen on the information sheet relating to the specific product from the FinTech and Blockchain area.
The user agrees that MarketPeak will retain the commission provided by the third party to MarketPeak, unless required by applicable law. In that regard, the user and MarketPeak shall come to the agreement, which deviates from the legal regulation of the right of the provision of business, that a claim by the user against MarketPeak for issuing the commission may not be made, provided that the applicability of the right of the provision of business is considered for the services provided by MarketPeak to the user.
§ 8 Termination
MarketPeak may terminate the license agreement at any time with a notice period of 2 weeks, whereas the user may terminate the license agreement at any time without giving notice.
Notwithstanding the reason for termination in section (1), each party has the right to extraordinary termination. An important reason for termination for MarketPeak is in particular in the event of a breach of one of the general conditions of use, unless the user complies with it in due time or after the elimination of the breach of duty results in the same or a similar infringement again at a later date. In the event of a breach of the obligations regulated in §§ 8 (8) and 10 as well as a particularly serious breach of the other contractual or legal obligations, MarketPeak shall be entitled to extraordinary termination without prior warning. Furthermore, there is an extraordinary ground for termination for each party if insolvency proceedings have been instituted against the other party, or the opening has been rejected for lack of assets, or the other party is otherwise insolvent, or has made an affidavit about the insolvency in the course of the execution. The right to extraordinary termination is without prejudice to further claims.
Ordinary terminations can be made in writing or by email. Terminations to MarketPeak are to be delivered to the address or email address stated in the preamble. Ordinary termination by MarketPeak to the user will be delivered to the user's email address stored in the dashboard. Extraordinary cancellations must be made in writing.
§ 9 Data protection
§ 10 Confidentiality
Excluded from this confidentiality obligation is information that
is already known to the user and/or public at the time of registration,
and/or MarketPeak are specifically marked for distribution or sharing,
and/or become known to the user later without breaching the above obligation to maintain confidentiality.
The burden of proof for the existence of these exceptions lies with the user.
§ 11 Limitation of liability
MarketPeak cannot be held responsible for any misrepresentation in the user's registration. It follows that MarketPeak cannot be held responsible for the accuracy of this information and that MarketPeak's content of the user for MarketPeak is third-party information within the meaning of the applicable Telemedia Act.
MarketPeak is also not liable for the occurrence of the desired success, which the user wishes to achieve with the use of the online platform, with reference to the risk warning of MarketPeak.
Incidentally MarketPeak is liable - with the exception of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - only for damages that are due to intentional or grossly negligent behaviour. This also applies to indirect consequential damages, such as lost profits in particular.
The liability is - excluding where there is intentional or grossly negligent behaviour or damages resulting from injury to life, body and/or health, and the breach of essential contractual obligations (cardinal obligations) - limited, in terms of the amount, to the contract-typical damages foreseeable at conclusion of the contract. This also applies to indirect consequential damages, such as lost profits in particular.
Insofar as the liability of MarketPeak is excluded or limited, this also applies in favour of the personal liability of the legal representatives, executives and simple vicarious agents of MarketPeak.
§ 12 Risk warnings, no investment advice
The FinTech and Blockchain products offered on the online platform are associated with economic, legal and tax risks. The acquisition of FinTech and Blockchain products is associated with considerable economic risks due to the highly speculative and volatile FinTech market and can lead to a total loss of the Bitcoin amount invested. The user should therefore use only freely available bitcoins for the purchase of a product from the FinTech and Blockchain range with potential loss that they can afford without it burdening them in a significant way in terms of economic existence in the event of total loss. MarketPeak is exclusively targeted at users who have the experience and expertise to understand the risks of these Fintech and Blockchain products, and make financial decisions of their own accord. In addition, the risk warnings by MarketPeak, which the user expressly accepts as part of the contract by concluding the usage contract for the use of the MarketPeak online platform as well as the preceding risk warnings of this section, also apply.
MarketPeak does not expressly provide investment advice or other advice on FinTech and Blockchain products. An information or advisory agreement on products from the FinTech and Blockchain area does not materialise. It is the sole responsibility of the user to decide whether they would like to purchase FinTech and Blockchain products using the MarketPeak online platform. The information available on the MarketPeak online Platform is not an advisory service by MarketPeak and does not replace expert advice. The respective third-party provider makes the information, documents and files relevant to the decision to purchase a product from the FinTech and Blockchain area available on the MarketPeak online platform and will make their selection on their own. The third party is solely responsible for the accuracy, completeness and currentnesstimeliness of the information, even during the respective contract period. MarketPeak strongly advises the user to find out about the legal, economic and tax consequences of purchasing this specific FinTech and Blockchain product before deciding whether or not to buy a FinTech and Blockchain product.
§ 13 Right of modification; applicable law and jurisdiction; severability clause
All disputes arising in connection with the initiation, execution or termination of the contractual relationship between MarketPeak and the User shall be governed exclusively by the law of the MarketPeak headquarters, unless compelling consumer protection regulations of the country in which the user has their habitual residence prevail. Application of the UN Sales Convention is excluded.
MarketPeak is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Place of jurisdiction and place of performance is the domicile of MarketPeak if the user is a merchant, a legal entity under public law or a special fund under public law.