General terms and conditions / Cancellation policy
QUIN Technologies GmbH www.getquin.com including all subdomains and aliases.
QUIN Technologies GmbH
The following General Terms and Conditions ("T&C") of QUIN Technologies GmbH with its registered office in Berlin ("getquin", "we", “Operator”) govern the use of the getquin app ("App") and the getquin website, which is accessible via www.getquin.com ("Website") and are applicable to all contracts between us on the one hand and you ("Customer", "you") on the other hand.
Insofar as designations for professions, groups or persons are used within these T&C, in the interest of better readability, we refrain from listing other forms of language in addition to the generic masculine form. All designations apply equally to all genders. Convenience translation only.
The German version of this T&C, which can be found at https://www.getquin.com/de/disclaimer/, shall be authoritative.
Latest update: 30 June 2023
Index
Index
§ 1 Contracting Party § 2 Scope of application § 3 Subject matter of the contract § 4 Conclusion of contract § 5 General obligations of the user § 6 Duration of contract § 7 Fees and costs § 8 Subscriptions § 9 Changing Fees and Features § 10 Cancellation of Services § 11 Terms of payment § 12 DMCA policy § 13 Electronic communication § 14 Right of revocation § 15 Disclaimer of liability § 16 Prohibition of assignment and pledging § 17 Language, place of jurisdiction and applicable law § 18 Severability Clause
§ 1 Contracting Party
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer (registered user of the website, see § 3 of these GTC) and the:
QUIN Technologies GmbH represented by: Christian Rokitta and Raphael Steil Address: Oranienburger Str. 91, 10178 Berlin Commercial register: Charlottenburg Commercial register number: HRB 217297 B Sales tax identification number: DE330970071
hereinafter referred to as “Operator”.
§ 2 Scope of application
2.1 These GTCs regulate the purchase of services via the Operator’s online platform (www. getquin.com including all sub-domains and aliases).
2.2 These terms and conditions apply to all services and services offered on getquin.com and all subdomains and aliases (including mobile App “QUIN”). Whenever getquin.com, or services are described in these terms and conditions, this also applies to getquin.com including all subdomains and aliases.
2.3 Deviating, conflicting or supplementary General Terms and Conditions of Business shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
2.4 The Operator is entitled to change and adapt these GTC during the term of the contract with effect for the future, if this becomes necessary for a compelling reason. Such a compelling reason could be, for example, compelling operational reasons or changes in laws or case law, or if only new services of the provider (such as the expansion of the ser- vice offering) are introduced. The Operator will send the customer the changed conditions in text form before they become effective and will separately point out the new regulations and the date of entry into force. At the same time, the Operator will grant the customer a period of at least four weeks to declare whether he accepts the amended GTC for further use of the services. The period begins with the receipt of the message in text form. If no declaration is made by the customer within this period, the changed conditions shall be deemed agreed. The Operator will separately inform the customer about this legal consequence, i.e. the right of objection, the objection period and the meaning of silence, at the beginning of the period. This does not apply to changes in the parties’ main contractual obligations, with the exception of pure extensions of the Operator’s services offered.
§ 3 Subject matter of the contract
3.1 getquin.com is an online platform created and operated by the Operator and accessible via a web browser or mobile application (app), together called the “applications”, on which registered clients can connect and link securities portfolios and view the related information. Furthermore, other services offered by the Operator to registered clients include a database of financial securities, where clients can search for and find information on specific financial securities; a social media feature, where registered clients can communicate with each other (via our social media feed) and follow each other (via their respective social profiles).
For details of the respective offer, please refer to the product description on the offer page (www.getquin.com).
3.2 The connection of portfolios is purely optional and the financial information is mirrored from the respective connected accounts. This means that the Operator does not and cannot carry out financial transactions for or on behalf of the registered clients, and no real financial transactions are carried out; instead, the software is used for illustration purposes to make it easier for customers to view their assets independently.
3.3 The Operator uses external data sources as a basis for some of the services offered. This data is partly transferred to the Operator’s systems without prior verification. The Operator therefore reserves the right to correct any data subsequently.
3.4 The Operator will make every effort to provide the services with as unrestricted availability as possible throughout the year. Irrespective of this, there may be times of limited availability, especially when work is required to improve the security or integrity of the servers or to carry out technical improvements or updates of versions of the Services and these serve to ensure the proper or improved provision of the Operator’s services (e.g. maintenance work). The Operator is permitted to take such measures to the extent necessary and to restrict the scope of use to a reasonable extent at reasonable times.
3.5 The Operator offers services that are both free and paid. Which functions are offered against payment is referred to in the following as "paid membership".
3.6 getquin.com reserves the right to suspend, limit or modify the Service at any time. This applies in particular against the background of potentially changing legal, regulatory or other supervisory conditions.
3.7 In the event that the services are discontinued, the contract shall end at the time of discontinuation. If the monthly fees for the service month of recruitment have already been collected for that month, they will be refunded to the payment method specified in the registration process.
3.8 The App and the Website and any associated subdomains are protected by intellectual property rights, such as copyright and trademark rights. We are exclusively entitled to these rights in relation to the customers.
§ 4 Conclusion of contract
4.1 In order to use the services on getquin.com, a registration on the online platform is required. By clicking on the button “Register” after having gone through the registration process and, if necessary, entering the payment data, the customer submits an offer, which is accepted with a welcome email from the Operator. This agreement entitles the client to use getquin.com and access the services included in the membership at the time of membership (hereinafter referred to as “agreement”). The scope of services is limited depending on the membership (see also section 9).
4.2 The contract is concluded exclusively in electronic business transactions. In this context, the presented offers represent a non-binding invitation to submit an offer through the customer order, which the Operator can then accept.
4.3 The registration on getquin.com and use of the Operator’s services is only permitted to natural persons and legal entities of full age and full legal capacity. By registering in the name of a legal entity, a natural person assures at the same time that he/she is personally authorized to represent the legal entity. The Operator therefore reserves the right to obtain suitable evidence before authorizing use.
4.4 The customer must provide his e-mail address and a personal password when registering his user account. The customer’s personal data can be edited in the profile area of the services. The stored data is used in reports created for the customer. The offer getquin.com is only intended for customers for whom the use is legally permitted. The Operator therefore reserves the right to exclude users from using the services without notice, even retroactively or in the event of changes to the data stored in the profile on the basis of information on residence, nationality or other regulatory or supervisory reasons.
4.5 The user assures that all information provided by him to the Operator is correct and complete. Legal persons are liable for their organs as well as representatives and employees. The submission of incorrect or incomplete data entitles the Operator to terminate the membership without notice.
4.6 The customer is obliged to inform the Operator immediately and without request about future changes of personal data. This applies both to the data submitted during registration and to the data of the user profile.
4.7 There is no right to use the services of getquin.com prior to registration. The operator reserves the right to reject customers without giving reasons or to block them after registration.
4.8 The chargeable services are billed per user. A paid membership may only be used by a single customer. If the customer is a legal entity, the login data must only be made available to one employee at a time. If, for understandable reasons, a change of the employee assigned to use the membership should occur, a transfer of the access data is permitted;the customer is liable for ensuring that several persons do not use an account in parallel. This concerns both simultaneous accesses and parallel accesses. In addition, the customer is liable for ensuring that the persons acting on his behalf observe the General Terms and Conditions defined in this document when using the services. The provisions of these General Terms and Conditions regarding the provision of data and confidentiality of access data apply accordingly to those persons who use the services of getquin.com on behalf of or for the account of a legal entity.
4.9 The user is not entitled to pass on his access data to third parties (for legal entities, section 4.8 applies accordingly. Legal entities within the meaning of Section 4.8 are not “third parties”). The customer undertakes to inform the Operator immediately and to change his access data if there are indications of unauthorized use by a third party. Furthermore, the Operator reserves the right to exclude customers from the use of the services without notice in the event of irregularities or other conspicuous features in the use of the services which give reason to suspect unauthorized use by third parties. <br /> § 5 General obligations of the user
5.1 The User agrees to refrain from any action that may adversely affect the infrastructure, functionality or one or more functionalities of getquin.com in any way. Any use of third-party software and any extraction or external processing of data is not permitted.
5.2 The offer of the Operator is not directed at politically exposed persons (PEP) within the meaning of the Money Laundering Act (AMLA). If the customer is a politically exposed person, the conclusion of a contract is therefore excluded as well as the continuation of an already existing contractual relationship.
5.3 If circumstances occur after the conclusion of the contract, on the basis of which the customer could be considered a politically exposed person (PEP), the customer is obliged to notify the Operator immediately.
5.4 The user commits himself to inform the Operator immediately upon request (e.g. by email) about his personal data, especially name, address and date of birth.
5.5 The user is not permitted to and agrees not to publish any User created Content to the Operators Services that is or could be interpreted by a reasonable person to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; (ii) bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide), in each of clauses (i) and (ii) of this Section, as the Operator may determine in its sole and absolute discretion (collectively, “Objectionable Content”). The user also agrees not to use the Operators Services for illegal or unlawful purposes, including, without limitation, to stalk any other users or to encourage any user to harm themselves or any other person. If you encounter any Objectionable Content on the Operators Service, then please immediately email at [email protected] or inform the Operator through the functionality offered on the Operators website. The user acknowledges and agrees that the Operator provides the user with the ability to report Objectionable Content as a courtesy, and the Operator has no obligation to remove or take any other action with respect to any Objectionable Content on the Operators Service that user reports to the Operator. However, the Operator in its sole discretion may take any actions it deems necessary and/or appropriate against any user who posts Objectionable Content on the Service, including, warning the user, suspending or terminating the user’s account, removing all of the user’s User Content posted on the Operators Service and/or reporting the user to law enforcement authorities, either directly or indirectly.
5.6 The Customer retains rights to all content that he transmits, publishes or displays via the services. The Customer grants the Operator with respect to the - according to the Customer's privacy or app settings - publicly shared content (e.g. portfolios, posts in the feed and other content) a worldwide, non-exclusive, royalty-free, transferable and sub-licensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media and through any and all processing methods that are currently known or will be known in the future in order to provide, promote and improve the services. In this respect, the Customer grants the Operator permission to make this content available and to enable third parties to do so (e.g. for marketing purposes). The license ends when the Customer terminates his contract with the Operator. The Operator uses Customer's data in accordance with the Privacy Policy (available under https://www.getquin.com/privacy/) as amended from time to time.
§ 6 Duration of contract
6.1 The contract begins with the activation of the customer by the Operator. The contract is for permanent services. The contract is concluded for an indefinite period. The contract has a minimum contract period. This minimum contract period is one month. If the customer does not terminate the contract, it will be automatically extended for another month. Each contracting party has the right to terminate the contract at any time without giving reasons. The right to extraordinary termination for good cause, in particular the repeated violation of the main contractual obligations as well as the General Terms and Conditions (see 7.2), remains unaffected.
6.2 The right of both parties to terminate without notice for good cause remains unaffected. In particular, the Operator may terminate the contract without notice if the User has provided incorrect or incomplete information during registration and participation of the specified data, or if the User repeatedly violates other contractual obligations and does not refrain from violating the obligation even after being requested to do so by the Operator.
6.3 If the operator has terminated the contract, the customer is not entitled to the creation of a new user account or the reimbursement of contributions paid.
§ 7 Fees and costs
7.1 All prices are final prices and include the statutory value added tax. Additional services that are subject to charges are explicitly stated by the Operator. The costs of the respective memberships can be viewed under www.getquin.com.
§ 8 Subscriptions
8.1 getquin account holders may access getquin in two ways:
Free version: limited access to content and app features. Paid subscription: a fee-based program that provides access to all existing content, including and beyond the free version, however, the subscription provides access to additional features beyond the free version. These features may change as well as more subscription packages may be added or taken away. User may become a Subscriber by purchasing a subscription to the Products in the App. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final and we do not issue refunds. Your purchase is subject to Apple's applicable payment policies, which may also not provide for refunds. If you purchase a subscription through the Google Play Store, the sale is final and we do not provide refunds. Your purchase is subject to Google's applicable payment policies, which may also not provide for a refund. If you purchase a subscription through Stripe, the sale is final and we do not provide refunds. Your purchase is subject to Stripe's applicable payment policies, which may also not provide for a refund.
8.2 getquin offers or maybe offer in the future monthly and annual subscription options. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days.
8.3 Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that getquin is authorized to charge the same credit card as was used for the initial subscription fee or other payment methods as set forth in section 12 (“Terms of Payment”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
8.4 Our “Annual” subscriptions are paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that getquin is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
8.5 You may cancel automatic renewals of your subscription at any time in your account settings. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner.
8.6 You agree to promptly notify getquin of any changes to the Payment Method you provided while any subscriptions remain outstanding You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
8.7 In the course of your use of the Products, getquin and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to getquin and getquin’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
8.8 Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through getquin for commercial purposes.
8.9 The deletion of a user account does not result in the automatic termination of a concluded subscription.
§ 9 Changing Fees and Features
9.1 We may at any time and from time to time, to our sole discretion, change the fees and features, or add new fees and features, in relation to any of the Products. We will notify you in advance of any such change. If you do not agree to the change, you may cancel your subscription in your account settings.
§ 10 Cancellation of Services
10.1 You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. The monthly period started on the day of the purchase of the subscription. Please make any such cancellation in your account settings.
10.2 You may cancel a yearly subscription at any time. Cancellation is effective at the end of the applicable yearly period. The yearly period started on the day of the purchase of the subscription. Please make any such cancellation in your account settings.
10.3 Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
10.4 We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
§ 11 Terms of payment
11.1 The customer has only the following payment options: via the payment method deposited with the Apple iTunes Store or via the payment method deposited with the Google Play store. Other payment methods are not offered and will be rejected. The invoice amount will be collected by the Operator by means of direct debit from the customer’s specified account on the basis of the direct debit authorization. When paying by credit card, the customer must be the cardholder. The load is applied for the first time after the confirmation of the subscription. The first month of service begins directly. The payment is due without deduction. After expiry of the payment period, which is thus determined by the calendar, the customer is in default even without a reminder.
11.2 If a payment cannot be made, all resulting costs shall be borne by the customer. This includes, in particular, bank charges in connection with the return of direct debits and comparable charges, provided that the customer is responsible for the charges incurred.
11.3 The Operator reserves the right to charge an expense allowance for the deletion of user accounts, if the customer violates the obligations of these General Terms and Conditions and the customer is responsible for this violation.
§ 12 DMCA policy
12.1 getquin respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the US Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, getquin will respond expeditiously to claims of copyright infringement committed using the getquin service and/or the getquin website (the “Site”) if such claims are reported to getquin’s Designated Copyright Agent identified in the sample notice below.
12.2 If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to getquin’s Designated Copyright Agent. Upon receipt of Notice as described below, getquin will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
§ 13 Electronic communication
13.1 Communication with customers is generally carried out electronically via the Operator’s platform or by e-mail. This applies in particular to documents associated with the use of the Services (e.g. minutes and statements of account).
13.2 The customer agrees to electronic communication and in this respect waives the dispatch of documents by post.
13.3 The Operator reserves the right to deliver documents generally or in individual cases by post, if postal delivery is or becomes necessary due to legal requirements or if the Operator considers this to be appropriate after weighing the interests of the Customer.
13.4 For regulatory reasons, the Operator may be obliged to record and store customer communications.
§ 14 Right of withdrawal
Consumers within the meaning of § 13 of the German Civil Code (BGB) are entitled to the statutory right of revocation with regard to the conclusion of the framework agreement.
Section 1 - Cancellation policy
You can revoke your registration within 14 days without giving reasons by means of a clear declaration. (The revocation of any chargeable content falls under "Section 3 - Consequences of revocation" and §8.1 of these GTC.) The period begins after the conclusion of the contract and after you have received the contractual provisions including the General Terms and Conditions as well as all the information listed below under Section 2 on a durable data medium (e.g. letter, fax, e-mail). To comply with the revocation period, it is sufficient to send the revocation in good time if the declaration is made on a durable data medium. The revocation is to be sent to:
QUIN Technologies GmbH Oranienburger Str. 91, 10178 Berlin Germany E-Mail: [email protected]
Section 2 - Information required for the start of the withdrawal period
The information referred to in the second sentence of Section 1 shall include the following:
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the identity of the trader; the public register of companies in which the legal entity is registered and the associated register number or equivalent identifier shall also be indicated;
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the principal business activity of the entrepreneur and the supervisory authority responsible for its authorisation;
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the trader's address for service and any other address relevant to the business relationship between the trader and the consumer; in the case of legal persons, associations of persons or groups of persons, also the name of the person authorised to represent the trader;
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the essential characteristics of the service as well as information on how the contract is concluded;
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the total price of the service including all related price components as well as all taxes paid via the trader or, if no exact price can be indicated, its basis of calculation enabling the consumer to check the price;
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where applicable, any additional costs incurred and an indication of any other taxes or costs which are not paid through or charged by the trader;
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a time limit on the period of validity of the information provided, for example the period of validity of time-limited offers, in particular with regard to price;
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details regarding payment and performance;
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the existence or non-existence of a right of withdrawal as well as the conditions, details of the exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of the withdrawal, including information on the amount the consumer has to pay for the service provided in the event of withdrawal, if he is obliged to pay compensation for the value (underlying provision: Section 357 of the German Civil Code);
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the contractual terms of termination, including any contractual penalties;
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the Member States of the European Union whose law the trader uses as a basis for establishing relations with the consumer before concluding the contract;
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A contractual clause on the law applicable to the contract or on the competent court;
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the languages in which the contractual terms and conditions and the prior information referred to in this withdrawal notice are communicated and the languages in which the trader undertakes to communicate, with the consumer's consent, during the term of this contract;
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the indication of whether the consumer can make use of an out-of-court complaint and redress procedure to which the trader is subject and, where applicable, its access requirements.
Section 3 - Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned. You are obliged to pay compensation for the value of the service provided up to the time of revocation if you were made aware of this legal consequence before submitting your contractual declaration and expressly agreed that we could begin to perform the service in return before the end of the revocation period. If there is an obligation to pay compensation for lost value, this may mean that you still have to fulfil the contractual payment obligations for the period until the revocation. Your right of withdrawal for purchased content expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. This period begins for you with the dispatch of your notice of cancellation and for us with its receipt.
Special notes
Upon revocation of this contract, you are also no longer bound to a contract related to this contract if the related contract concerns a service provided by us or a third party on the basis of an agreement between us and the third party.
End of the cancellation policy
§ 15 Disclaimer of liability
15.1 Claims for damages by the customer are excluded, unless something else arises from the following reasons. This also applies to the Operator’s representative and vicarious agents if the customer asserts claims for damages against them. Excluded are claims for damages of the customer due to injury to life, body, health, if the Operator is responsible for these, or essential contractual obligations, which are necessary to achieve the contractual goal. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the Operator or his legal representative or vicarious agent. Furthermore, the limitation does not apply to damages which are based on the absence of a warranted characteristic or for which liability is provided for under the Product Liability Act.
15.2 The customer shall be liable for the infringement of the rights of third parties as well as a violation of legal regulations or requirements by himself and directly. The user undertakes to indemnify the Operator from all claims for damages by third parties arising from the non-observance of the obligations arising from these General Terms and Conditions or from a breach by the customer of statutory regulations or requirements.
15.3 The Operator makes every effort to ensure the highest quality of services provided on getquin.com. However, the Operator does not assume any liability for the correctness, completeness, timeliness or accuracy of the information, allocations, rates, indices, prices, calculations, news, analyses, general market data and other accessible contents within the scope of the services offered on getquin.com.
15.4 The Operator does not assume any liability for monetary damages of any kind in- curred by the User as a result of implementing the services represented by getquin.com in his/her real banking portfolio.
15.5 The Operator stores the data of the customers with the greatest possible care. Nevertheless, a partial or complete loss of data of a customer, both with regard to personal data and data in connection with the use of the services, cannot be completely excluded. A liability of the Operator for data loss of any kind is excluded. The Operator therefore recommends that users carry out regular data backups.
15.6 The operator is responsible for its own content on these pages in accordance with general laws pursuant to Section 7 (1) of the German Telemedia Act (TMG). However, according to §§ 8 to 10 TMG, the operator is not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. If the Operator becomes aware of any such infringements, the content in question will be removed immediately. However, liability in this respect is only possible from the time of knowledge of a concrete infringement.
15.7 The offer contains links to external websites of third parties, on whose contents the Operator has no influence. Therefore, the Operator cannot assume any liability for these external contents. The respective provider or Operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. No legal infringements were identified at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If we become aware of any infringements, we will remove such content immediately.
§ 16 Prohibition of assignment and pledging
Claims or rights of the customer against the Operator may not be assigned or pledged without the Operator’s consent, unless the customer has proven a legitimate interest in the assignment or pledge. The Operator reserves the right to transfer all or individual rights from this contract to third parties, provided that this is permitted under the data protection guidelines applicable at that time. The Operator will inform the user about this two weeks before the intended transfer.
§ 17 Language, place of jurisdiction and applicable law
The contract shall be drawn up in German. The further execution of the contractual re- lationship will be in German. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this only applies insofar as no legal provisions of the state in which the customer has his domicile or habitual residence are restricted by this. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the Operator.
§ 18 Severability Clause
Should individual provisions of these GTC be or become invalid and/or contradict the legal regulations, the validity of the remaining provisions of the GTC shall not be affected. The invalid provision shall be replaced by the parties by mutual agreement by a provision which comes closest to the economic sense and purpose of the invalid provision in a legally effective manner. Otherwise, the statutory regulation shall apply. The above provision shall apply accordingly in the event of loopholes in the regulations.