§1
SCOPE
(1) The following Terms & Conditions (T&C) determine the contractual relationship between Ktchng GmbH (“ktchng”) and endusers (consumers) and corporations, who are using the offering of ktchng (“Users”).
(2) There are two types of users: those searching for services, and those offering services. (As long as titles and functions are not specifically named in female and male form, the generic masculine also includes females).
(3) For Users only these T&S apply, even if they use the ktchng service offering from outside of Austria. Different terms of the Users are invalid, even if ktchng has not objected to them in individual cases.
§2
CONCLUSION OF CONTRACT
(1) Access to ktchng’ services requires the installation of the app and registration in the app and/or website.
(2) Physical persons are only allowed to register, if they are at least 14 years of age.
(3) With the registration the user accepts the present T&C. By registering, a contractual relationship is established between ktchng and the registered user, which is governed by these T&C.
(4) By ordering a chargeable service, the registered user enters into an additional contractual relationship with ktchng, which is separate from the registration. Before concluding such contract, the user will be informed of the scope of services, price and payment conditions. The contractual relationship is created with the confirmation of the order and payment conditions by the user through a click.
§3
DESCRIPTION OF SCOPE OF SERVICES
(1) ktchng operates an app and a website, through which users get access to special offers. Furthermore, users can scan and upload products, for which they can receive remuneration (ktchng token (KTC) or parts thereof), all at the discretion of ktchng.
(2) Suppliers of goods or services (Partner) can create promotions for their products via the ktchng website, to which users of the app or website then get access.
(3) The data of all registered users are stored in ktchng’s central data base.
(4) Users receive a non.transferable usage right for the ktchng app and platform.
(5) ktchng is not a reseller or agent of its partners. Contracts between partners and users are concluded directly. Vouchers provided by ktchng are provided in the name of partners. Ktchng therefore has no responsibility for the validity and accuracy of the vouchers or for them being able to be redeemed.
§4
COSTS
(1) Usage of the ktchng app is free of charge.
(2) Suppliers of goods or services (partner) pay a fee determined on a case-by-case basis for the possibility to create promotions with ktchng. Payments terms, duration etc. will be determined case by case.
§5
REGISTRATION, CANCELLATION
(1) A user account is for the sole and personal use, and a user is not allowed to authorize third parties to use this account. A user is not allowed to transfer his account.
(2) A user is entitled to cancel his ktchng accont at any point in time. The previous contractual relationship is thereby terminated.
(3) ktchng may, in its own discretion, with or without prior announcement and without stating reasons, terminate the contract at any point in time. Ktchng also reserves the right to remove profiles and/or content published on the website by the user, if it violates the law or is immoral.
(4) After termination of the contractual relationship, all data of the user will be deleted by ktchng, unless legal or contractual obligations require keeping the records.
§6
LIABILITY OF KTCHNG
(1) ktchng is only liable for damage caused by willful or grossly negligent violation of ktchng’s obliations, or by willful or grossly negligent violations by its legal representative or agent.
(2) Claims for damages are, except for cases named in section 1, limited to predictable damages which are typical for the contract. In case of delay, they are limited to a maximum of 5% of the contract value.
(3) ktchng is not liable for third parties obtaining unauthorized knowledge of user data (e.g. by “hacking” of the data base). Also, ktchng is not liable for the misuse of user information by third parties, which have obtained access to these data by users themselves.
(4) ktchng reserves the right – but does not have an obligation – to check text provided by a user or partner and uploaded content (pictures, videos) for compliance with the law and, if necessary, to delete it in part or in total.
§7
AVAILABILITY OF KTCHNG
ktchng has an availability of 95%, measured over a year. Availability means the ratio of actual time and intended time. Actual time is the time, during which the system is actually available at the server’s output port. Intended time does not include necessary maintenance windows and interruptions for offline back-ups within common industry standard limits, and interruptions caused by force majeure or other causes not imputable to ktchng.
§8
RESPONSIBILITIES AND OBLIGATIONS OF THE USER
(1) The user is solely responsible for the content of his registration and thereby for information that he provides about himself. ktchng is not responsible for claims regarding incorrect, inappropriate or incomplete information provided by users. The user confirms that the data provided to ktchng are correct.
(2) User has the right and hereby grants ktchng and its connected corporations, partners, licensees and successors an irrevocable, non-exclusive, free, global right to use content that was made available by the user via the app. The user declares that he does not violate or infringe on any rights of third parties through the published content and its utilization by ktchng. ktchng’s obligations to protect data and privacy are not affected by this rule.
(3) The user commits to not misuse the service, in particular, not to distribute defamatory, offensive or otherwise illegal material or information. This concerns especially pornographic, racist, hurtful or similar content.
The user commits not to use mechanisms, software, scripts or other tools I connection with the service, which may limit or hinder the functionality or availability of ktchng. The user is not allowed to modify, overwrite, delete or otherwise manipulate content on ktchng. The user commits not to intercept system messages and emails, which are destined for other users, or to try to do so.
Without limiting the aforementioned, usage of the website and/or app by the user, especially concerning uploaded content, has to follow all applicable laws and regulations.
(4) In case that the above mentioned rules are not complied with, this may lead to a termination of the contract by ktchng and also lead to civil and penal consequences for the user. Ktchng explicitly reserves the right to exclude the user from the platform, if he violates the guidelines during his registration or at a later point in time.
§9
INVOLVEMENT OF THIRD PARTIES
ktchng is entitled to subcontract to third parties parts or all of its range of services.
§10
NO ADMONITION WITHOUT CONTACT
In case of enforcement of claims of any kind resulting from copyright, competition or trademark matters, we ask, in order to avoid unnecessary legal disputes, admonitions and cost, to contact us immediately. If claims of the type mentioned above are raised, we already hereby pledge a remedy, even before any final, legally binding clarification, whereby a danger of recurrence is definitely impossible. Accordingly, any cost note for admonition will be rejected due to non-observation of the duty to minimize damages. In case of such unnecessary resp. unjustified admonitions and follow-up measures, a negative declaratory action will be filed.
§12
PLACE OF JURISDICTION,
APPLICABLE LAW,
SEVERABILITY CLAUSE
(1) Place of jurisdiction is Eisenstadt.
(2) Applicable law is that of Austria. The UN Sales Convention is excluded.
(3) Invalidity of individual clauses of these T&C does not cause the invalidity of other clauses.
§13
RIGHT OF REVOCATION
You have the right within 14 days, without giving reason, to cancel this contract. The revocation period is 14 days from the day of contract closing. To exercise your right of cancellation, send us an explicit statement (via post or email) that you wish to cancel this contract at:
KTCHNG GmbH
Am Anger 1
A-7210 Matterburg
Austria
You may use the below cancellation form, which however is not a requirement.
In order to observe the deadline, it is sufficient that you mail the cancellation statement within the notice period.
Consequences of the revocation:
If you cancel this contract, we will return any payments that we have received from you, immediately and latest within 14 days from the day that we received your revocation of the contract. For this refund we will use the same payment method that was used in the initial transaction, unless some else was specifically agreed. In no case will we charge fees for a refund. If you had asked us to begin supplying services within the notice period, you have to pay an appropriate amount equivalent to the share of the services already provided by the time you informed us of the revocation.
- REVOCATION FORM -
(If you intend to cancel the contract, please fill in this form and send it back to us.)
To
KTCHNG GmbH
Am Anger 1
A-7210 Mattersburg
Austria
- Hereby I/we* revoke the contract concluded by me/us* regarding the participation in ktchng:
- Name of user(s):
- Address of user(s):
- Signature of user(s) (only in case of hard copy):
- Date
- END OF REVOCATION FORM -
TERMS OF ISSUE KTCHNG TOKEN
§1
ISSUING ENTITY, TERMS OF ISSUE
Your acquisition of KTCHNG tokens from the KTCHNG GmbH, a corporation established and operating under Austrian law (the “Corporation”, “we” or other forms derived from that) with its legal address at Am Anger 1, A-7210 Mattersburg, registered in the trade registry under FN505712w, is subject to these terms of issue (“Terms”). The acquirer (also “You” or forms derived from that) and the Corporation agree as follows:
§2
CONDITIONS FOR ACQUISITION
AND DESIGNATION OF PARTIES
Every person that is at least 14 years old and has its main residence in Austria or in another member country of the European Economic Area, is entitled to acquire ktchng tokens.
Each party, meaning You and the Corporation, are also called “Party” individually or “Parties” collectively hereafter.
§3
NEED FOR CONSENT,
GIVING CONSENT AND
EXTENT OF CONTENT
You accept these Terms by downloading the ktchng app or ktchng wallet in order to earn tokens (or fractions thereof) by liking products within the ktchng app and platform, by uploading products via the app that are unknown to the app, by participating in market research, by redeeming offers at the Point of Sale, or by providing certain personal data for use by the Corporation. For that, it is necessary that you fully accept these Terms and agree to them.
Your consent not only encompasses the Terms themselves. It also extends to all additional terms that are incorporated by reference (referral resp. link). These too are binding for you.
IF YOU DO NOT FULLY ACCEPT
THESE TERMS, YOU ARE NOT
ABLE TO ACQUIRE KTCHNG TOKENS.
§4
NUMBER, UTILIZATION, EXPIRATION AND
TEST OPERATIONS OF KTCHNG TOKENS
Test phase: ktchng tokens are currently in a test phase. Therefore its issue and utilization are limited as follows:
Utilization of tokens: Tokens are only redeemable with ktchng partners. The Corporation also is not liable for ktchng tokens being fit for the purchase of certain goods or services. Which goods or services can be purchased at reduced prices, is determined by the current and variable offering of partners, which the Corporation cannot influence. Also, potential warranty or guarantee cases regarding goods or services have to be settled between you and the respective enterprise (partner); a liability of the Corporation is excluded.
Transfer of ktchng tokens: The ktchng token is not transferable or tradeable.
Expiry of ktchng tokens: For regulatory reasons, the ktchng token is only valid for 4 years from its creation and credit to your electronic wallet. After 3 years from credit, it loses its validity and can’t be redeemed anymore. Any compensation or replacement because of this expiry is excluded.
Termination of services: There is no entitlement that the ktchng tokens will be continued beyond the test phase (planned until 31.12.2022). Your rights based on the tokens can therefore become null and void because of the termination of this test phase. Please redeem your ktchng tokens as soon as possible after you acquired them!
Foreseeable changes of the Terms: You and any person, who wants to acquire ktchng tokens, must be aware that the business model and the terms of issue may change due to changed commercial considerations or changed compliance requirements. In such case, you and any person wanting to acquire ktchng tokens acknowledge that neither the KTCHNG GmbH nor a enterprise (Partner) may be held responsible for direct or indirect damages, caused by such changes to or termination of the test phase.
§5
TERMS IN DETAIL
Consent to changed Terms by acquisition: By acquisition of ktchng tokens you agree to these Terms in the version current at the time. You acknowledge that these Terms can be changed at any time at the discretion of ktchng. Your continued use of the ktchng app or your continued use of the ktchng tokens mean that you accept all new or changed Terms. You have no claim that the ktchng app, wallet or the availability of ktchng tokens are kept available. The test phase is planned until 31.12.2022.
No rights related to the Corporation: ktchng tokens are not corporate shares and don’t give the right to participate in a shareholders’ meeting. They don’t give shares in the corporate assets and/or the corporate profits.
No cash payment, no sale of tokens, expiry: ktchng tokens may be used to obtain discounts for certain purchases. An exchange for cash or a resale of ktchng tokens is not possible. Unused tokens expire without replacement three years after they have been credited.
Loss, error and misuse of ktchng tokens: The Corporation is not responsible for the loss of ktchng tokens by users or for situations, in which the access to tokens is impossible. Also, the Corporation is not liable for the erroneous or improper use of ktchng tokens by persons, whom you have enabled or allowed to access your mobile phone or computer.
No liability for actuality of informations: Information in the Terms or associated information provided on the ktchng website only serves as general information as per the day it is created. KTCHNG GmbH does not give any guarantee, neither now or for the future, that the published information is correct and complete.
Intellectual property: As far as on the ktchng platform there are copyrights or other rights to intellectual property liek software, know-how, analyses or programs, these existing and future copyrights and other rights to intellectual or industrial property („Property Rights“) belong solely to KTCHNG GmbH, a possible licenser of the Corporation and associated enterprises. You as owner of ktchng tokens or user of the ktchng platform don’t have or acquire any associated rights to such intellectual property.
No entitlement to permanent technical availability: Because of lacking availablity of services (e.g. third party mobile connection), and also because of maintenance, work on IT systems, links being down or because of computer or power outages, there may be impediments or disturbances when acquiring or using ktchng tokens. This Corporation endeavours to conduct works that might cause business constraints outside business hours, if it is within its control. In urgent cases or because of third party services being down, it may however be necessary to deactivate systems or repair disruptions also within business hours. For such disturbances, resulting damages and especially for the permanent availability of the possibility to redeem tokens, the Corporation does not assume any liability.
Limitation of liability: Neither KTCHNG GmbH nor its management, directors, agents, partners, employees, suppliers, customers, advisors or users assume any liability for losses that are caused by the acquisition or usage of ktchng tokens or by use of the ktchng platform, especially if they are caused by technical disturbances, transmission errors, lack of network coverage or insufficient data volumes for the acquisition or usage of ktchng tokens, or if they are caused by technical disturbances of the technical operations of the Corporation because of third parties or employees. The limitation of liability does not apply in case KTCHNG GmbH and or a ktchng employee have caused the damage through willful or grossly negligent behavior. It also does not apply to damages on life and limb.
Data protection: These Terms briefly describe the data protection relationship between you and the Corporation. A complete information regarding data protection can be found under “Data protection Guidelines of ktchng”. (LINK einfügen)
§6
FINAL CLAUSES
Severability Clause: If part of the Terms or of the established contract should be determined to be invalid, null or not enforceable, the remaining terms remain fully in force.
Special legal capacity; no US persons as users: If according to the law of your country of origin and/or country of nationality a special legal capacity should be required in order to acquire ktcng tokens, please get legal advice before taking actions that enable you to acquire ktchng tokens. Persons that are US persons as per the US tax or sanction laws, or that are equal to these, independent of where they reside or which citizenship they are holding, are not addressees of the token offering. In case of doubt please consult your diplomatic of consular representation.
Applicable law and place of jurisdiction: The Terms, usage of the platform and/or app of the Corporation and the acquisition of ktchng tokens are subject to Austrian law alone. As far as Austrian law may refer to other legal systems than the Austrian, these rules are not applicable. As far as legally permissible, the relevant court of Eisenstadt has exclusive competence. The right of consumers according to §14 KSchG to take the Corporation to court at their place of residence is not affected.
§7
CONTACT DETAILS
Contact: In case of questions or complaints please send an email