Terms & Conditions
Conditions of Participation and Use for the KlickOwn Waitlist / Newsletter Procedure
These General Terms and Conditions of Participation and Use apply to your participation and use of the KlickOwn Waitlist / Newsletter Procedure of the
Axel-Springer-Platz 3 | 20355 Hamburg,
registered in the Commercial Register B of the Local Court Hamburg (Germany) under HRB 158577
+49 (0)40 6077 9524 0
(hereinafter referred to as "KlickOwn", "we" or "our").
KlickOwn offers and performs the Waitlist / Newsletter Procedure exclusively on the website https://www.klickown.com that is operated by KlickOwn (hereinafter referred to as "Website").
The securities prospectus relevant for our Security Token Offerings for selected real estate projects (hereinafter referred to as "KlickOwn STOs") can be viewed and downloaded on the website. The token-based bonds offered as part of our KlickOwn STOs are offered to the public in Germany exclusively on the basis of the securities prospectus mentioned-above.
You accept the following General Terms and Conditions of Participation and Use by participating in the Waitlist / Newsletter Procedure.
2. Subject, Requirements and Advantages of the Waitlist / Newsletter Procedure
We will inform participants of the Waitlist / Newsletter Procedure by e-mail about the start of our KlickOwn STOs and invite them to register for participation in the public sale. We will also send you regular updates on the KlickOwn STOs by e-mail ("KlickOwn STO Newsletter"). Participation in the Waitlist Procedure does not constitute a binding offer by you or us to enter into a token purchase agreement. It serves the sole purpose of querying potential demand for tokens from our STOs and informing you about the start of KlickOwn STOs in a timely manner.
To participate in the Waitlist / Newsletter Procedure, click on the "Sign Up" button on our website. Then enter your e-mail address using the input screen on the website. Once you click the "Sign Up" button, we will send you an automatically generated email with a verification link to the email address that you provided. You complete the Waitlist / Newsletter Procedure by clicking on the verification link.
We will send you a separate confirmation link to the e-mail address that you provided when you registered. We will send you the newsletter regularly via the e-mail address that you provided only after you have clicked on this confirmation link.
Participation in the Waitlist / Newsletter Procedure is voluntary and free of charge and is not dependent on purchasing goods or using a service. You only bear the costs that are associated with participation via the Internet (e.g., use fee for internet connection). This applies to both mobile and non-mobile devices.
If you have registered for the Waitlist / Newsletter Procedure, yet no longer wish to participate, you may unsubscribe from the Waitlist Procedure at any time by clicking on the "Unsubscribe" link, which we will send you in the e-mail confirming your successful participation in the Waitlist Procedure. Moreover, each email containing regular updates to our KlickOwn STOs will contain an unsubscribe link that you can use to unsubscribe from the Waitlist Procedure and/or the newsletter.
3. Exclusion from participation / prohibited activities
3.1. US citizens, US Green Card holders, other persons or companies subject to US tax and other investors from countries, in which the subsequent public offering of the token is not permitted or which are listed on the Financial Action Task Force's (FATF) current list of high-risk and other supervised jurisdictions, are excluded from participating in the Waitlist Procedure.
3.2. Any activity that violates any applicable law, violates the rights of third parties, or violates principles of child/youth protection is prohibited.
3.3. It is also forbidden to take any action that could impair the smooth operation of the website, in particular to excessively overload KlickOwn’s systems.
3.4. If as a user you become aware of any illegal, abusive, non-contractual or any other unauthorized use of the website, please notify us appropriately. We will then examine the circumstance and, if necessary, take appropriate action.
3.5. If there is any suspicion of illegal or punishable actions, KlickOwn may and, as necessary, must,
- audit the activities of the user,
- exclude the user from the Waitlist / Newsletter Procedure, as necessary, and
- take legal action against the user, as necessary. This may also include providing factual evidence to the public prosecutor's office.
4.1. We are liable for willful action and gross negligence pursuant to the statutory provisions. We are only liable for slight negligence if a breach of a material contractual obligation (cardinal obligation) is then present, where fulfillment of that obligation is essential for the proper performance of the contract and you may regularly rely on its observance, as well as damage resulting from injury to life, limb or health. If only slight negligence is present, we are only be liable for foreseeable damage, the occurrence of which would customarily be expected.
Liability under product liability law or for damages, which are based on a breach of guarantee assumed by us, remains unaffected hereby. The liability rule given in § 44 a TKG remains unaffected within the purview of the Telecommunications Act (TKG).
The above limitation of liability also applies to the benefit of our employees, representatives, organs and vicarious agents.
We are not liable for the loss of data insofar as the damage is based on the fact that you have failed to perform data backups and thereby ensure that lost data may be restored with reasonable effort.
4.2. Due to the current state of technology, the communication of data via the Internet cannot be guaranteed as error-free and/or available at all times. Insofar KlickOwn is not liable for constant and uninterrupted availability of the website.
These Conditions of Participation and Use have been prepared in German. Translations of the Conditions of Participation and Use into another language are for information purposes only. If a translation differs from the German language version, the German language version controls.
6. Applicable law
The law of the Federal Republic of Germany shall apply, excluding the application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions. German law also applies, if you are a consumer and your habitual residence is in a member state of the European Union, whereby the applicability of mandatory law of the state in which you have your habitual residence remains unaffected.