User agreement

with respect to use of a web platform http://libersave.com (hereinafter – "Liber Save" or "online platform")

Terms of access and use of the Liber Save online platform

Version No.: 2/2022
Version date: 25th November 2022

§1 Recitals #

1.1. The user of the online platform can only be a fully capable legal entity or a fully capable individual who has been registered and has access to the online platform via the Internet (hereinafter referred to as the “client”). A special category of clients are issuers-sellers who, using the online platform, issue commodity coupons (hereinafter referred to as “coupons”), subsequently used by other clients-customers for payments for goods and/or services (including subscriptions to paid periodical goods, services) and/or rights of use (for software, etc.) (hereinafter collectively “products”) of the issuers-sellers.

1.2. The offers posted on the online platform are intended both for entrepreneurs within the meaning of § 14 BGB (hereinafter referred to as “entrepreneur”) and for consumers within the meaning of § 13 BGB (hereinafter referred to as “consumer”).

1.3. Starting to use the online platform, or having passed the registration procedure, the client is considered to have accepted the terms and conditions of this agreement in full, without any reservations and exceptions. If the client does not agree with any of the provisions of this agreement, the client is not entitled to use the online platform.

1.4. By using the online platform and coupon, the client declares and guarantees that (i) it is not prohibited for him to use the online platform and coupon in accordance with any applicable law, order, directive, regulation or sanctions list, (ii) he uses the online platform and coupons exclusively for legitimate purposes.

1.5. Any changes and/or additions to this agreement, as well as to any annexes thereto are reflected at the online platform.

1.6. Amendments and/or additions to this agreement come into force from the date of the first download, installation or use of the online platform by the client after such changes, and constitute legally binding agreements that require compliance. The client is always responsible for regularly reviewing this agreement and its additions published on the online platform and accepts and undertakes to comply with their terms.

1.7. The posting of amendments and/or additions to this agreement and/or its annexes on the online platform means the proper performance of obligation to notify the client. The Client undertakes to visit the online platform independently to check the presence/absence of changes/additions to this agreement/annexes.

1.8. If any changes have been made to this agreement with which the client does not agree, he is obliged to stop using the online platform.

1.9. This agreement prevails over individual agreements concluded with the client of the online platform. Changes to this agreement shall only be valid by sending SMS, e-mail, if the phone number or e-mail address can be reliably identified with a particular client who has been identified during registration at the online platform.

§2 Subject of the agreement #

The Online Platform is operated by the operators of the online platform (hereinafter “operator”), who have non-exclusive rights to use it.

2.1. The clients of the online platform operator are: #

• buyer of coupons at the online platform (hereinafter – “customer”),
• issuer of coupons-seller of products (hereinafter – “merchant”),
• other users of the online platform who have access to the online platform through online platform operator.

The same client can combine one or more of the above categories-roles. For this purpose, he registers on the online platform each time under a new username and password.

All circulation of coupons between the clients of the online platform takes place on the online platform. In this activity, the online platform operato acts as the holder of non-exclusiv rights to the online platform and the merchant’s agent for the sale of merchant’s coupons to customers. The merchant bears all obligations for the delivery and fulfillment of the warranty obligations to the customer independently.

Operator is responsible to clients solely for provision of compliance with the rules of the online platform functioning and for ensuring the technical ability of the customer to redeem the coupon from the merchant who issued it.

In case of non-delivery, late delivery and non-fulfillment of other obligations by the merchant, the merchant is responsible to the customer. All claims of the customer in connection with the above cases must be presented directly to the merchant.

If it is impossible to resolve the claim directly between the clients, or if it is impossible to receive feedback between the clients, the client has the right to address his claim to the operator, which is obliged to make all reasonable efforts to resolve the claims of the clients to each other.

For the avoidance of doubt, operator does not bear any joint or several responsibility for the actions of any client. The client is solely responsible for non-fulfillment of its obligations.

Operator bears no responsibility for the content and functioning of (related) online stores of merchants.

2.2. The procedure for issuing and redeeming coupons by the merchant #

The merchant issues coupons using the tools of the online platform.

Merchant’s coupons have marks that allow you to identify the merchant who issued them.

The Merchant always has a sufficient number of coupons available for the purposes of their sale or transfer by it or the online platform, payment of cashback in coupons to the customer (hereinafter referred to as “coupon cashback”) and payment of remuneration to operator for its services, issued by it immediately before these events.

When placing information about its offer to customers on the online platform, the merchant indicates on the online platform:

• a link to a resource (online or offline) where you can find out the price of the merchant’s products in Euros,
• the amount of the discount in coupons as a percentage of the merchant’s product price, which consists of the amount of the coupon cashback for customers, as a percentage of the merchant’s product price, and an equal amount of remuneration for operator services. In order to avoid misinterpretation, the abovementioned discount does not constitute a discount on the merchant’s products for tax purposes; for tax purposes, coupon cashback is a premium to the customer for the purchase of merchant’s products, and the calculation of the amount of remuneration from the amount of coupon cashback is solely a way of determining the amount of remuneration paid to operator.

Coupon cashback is reflected at the customer’s account on the online platform no later than the next business day after the day the merchant’s coupons are presented to the merchant for repayment by the customer. The coupon is considered to be presented for repayment at the moment of its reflection in the merchant’s account on the online platform.

Merchant’s coupons received by operator in the form of remuneration can be used by operator for their further paid (sale) or gratuitous (as an incentive for using an online platform) transfer to customers, followed by their presentation to the merchant for repayment by such customers in exchange for merchant products and/or for presentation of merchant’s coupons for repayment to the merchant in exchange for the merchant’s products.

The minimum coupon unit is 1 (one) and corresponds to 0.01 EUR.

The customer, at the time agreed with the merchant in the contract document, which is concluded directly between them, presents the merchant’s coupons in the amount determined by them for repayment by this merchant.

The coupons received by the merchant from customers are reflected and accumulated at the merchant’s account on the online platform. The merchant pays VAT from this amount.

The merchant can track the history of coupon issue by it, of sales or transfers of coupons to the customers by it or by operator, of presentation of coupons for redemption by customers and their write-offs (destruction) in its account on the online platform, as well as their total quantity.

2.3. The procedure for the purchase and use of coupons by the customer #

The customer can purchase coupons issued at the online platform by merchants from operators. The purchased coupon can then be used by the customer to purchase the products of the merchant that issued the coupon. The exchange of coupons for cash is excluded.

After purchasing coupons, the customer receives:

• the right to demand the product, if it was stipulated by the contractual document with the merchant - its delivery from the merchant, as well as all warranties stipulated by the merchant in the contractual document concluded by them, – the right to receive a coupon cashback from the merchant.

No VAT is charged when buying a coupon.

The customer has the right to acquire products in exchange of coupons and to receive the associated benefits of the purchase, namely the coupon cashback.

The coupon must be used by the client within 3 years from the date of its purchase by the client.

The date of purchase of the coupon is the date on which the coupon begins to be displayed at the client’s account on the online platform. At the end of the third year, which is counted from the last calendar day of the year when the coupon was purchased by the client, the client can no longer have any claims to the merchant or operator.

During the current contractual relationship, the client is not obliged to purchase a coupon, make purchases or carry out other activities, unless otherwise provided by this agreement or an individual agreement with the client.

The specifics of using the obline platform and coupons for each of the categories of clients are specified in individual agreements with them.

§3 Online Platform Loyalty Program #

3.1. Points #

3.1.1. Online platform points are always available for purchase by clients from the operator of the online platform.
3.1.2. Online platform points are voluntary donations from clients for the development of the online platform. Donations are accepted in any amount in euros.
3.1.3. In gratitude for donations, the online platform awards points to customers (also referred to as “LiberSave coupons”) in the proportion specified in the Loyalty Program.
3.1.4. Points may also be credited to the client’s account during the action of special promotions and offers of the online platform, with respect to the terms of which the online platform informs the clients in advance.
3.1.5. Points give the client the right to receive an additional coupon cashback in merchant coupons upon making a purchase from this merchant, namely, upon presenting merchant coupons for repayment to the merchant by the customer.
3.1.6. Points can be donated by the client to another client. At the same time, with the gratuitous transfer (donation) of points, the rights to receive cashback pass to the new owner from the moment of their transfer.
3.1.7 Under no circumstances can the points be resold, exchanged for cash, merchant coupons or other instruments having monetary value.

3.2. Additional coupon cashback #

3.2.1. An additional coupon cashback is provided to the customer by the online platform from the remuneration transferred to the online platform by the operator, received by the operator from merchants for its services.
3.2.2. The amount of the additional coupon cashback depends on the number of points received by the client and is determined in accordance with the formula specified in the Loyalty Program.
3.2.3. The additional coupon cashback is reflected in the customer’s account on the online platform within the period stipulated for the coupon cashback (see section 2.2 of this agreement).

§4 Registration #

4.1. In order to gain access to all the features of the online platform and become a client, a person or legal entity must complete the registration procedure at the online platform by performing a series of sequential actions to fill out the registration form in electronic form, as a result of which such a person or legal entity becomes a registered client, receives a temporary individual login and password to access all the capabilities of the online platform, which the client must change to a permanent individual password at the first entry to the online platform.

4.2. The client’s registration at the online platform is carried out by creating a client account and using it, the client does not bear any costs.

4.3. If the client is a legal entity or an individual entrepreneur, the name of the company or individual entrepreneur, the organizational and legal form of the company, the taxpayer identification number, the VAT identification number, as well as the registration number must be specified upon registration.

If the client is an individual, valid full name, taxpayer identification number, VAT identification number, as well as passport data and place of permanent residence must be indicated upon registration.

4.4. The client hereby declares that he has full legal capacity and the correctness and completeness of his data provided to operator, and that it shall compensate for damage and all costs and expences to operator in case of culpable violation of this assurance.

4.5. The Client is obliged to immediately inform about any changes in his data, in particular, about his address of residence or activity, e-mail address, bank details and other collected data.

4.6. Each person has the right to only one registration to perform the functions of one category of clients - one role on the online platform. operator has the right to revoke and deny benefits obtained by unacceptable multiple registration within the same category of clients – one role. In case of multiple registration, the terms of paragraph 10 of this agreement apply.

4.7. The client bears all costs and expenses for payment of all duties, taxes and fees arising in connection with its use of the online platform.

4.8. In order to ensure the functionality of the online platform, the client must provide permission to determine geolocation, to receive push messages, as well as to use the camera function.

4.9. The сlient also has the opportunity to receive the total balance of his coupons on the online platform, and can also see when purchases or transactions were made. The date and time of the transaction, the transaction number, the person from whom the coupon was purchased or who presented the coupon and to whom the coupon was transferred are visible. The client can narrow the display to certain criteria by applying a filter.

§5 Access and Account #

5.1. An individual login and password allow access to those sections of the online platform that are available only to registered clients, as well as to the personal account at the online platform intended only for this client (also referred to as “account”).

5.2. The сlient agrees that the use of the login and password, as well as the identification code received by e-mail for each log in to the online platform, is a proper and sufficient identification of the client at the online platform log in(into the client’s account), confirmation of the right to perform operations on the online platform and is an analogue of the client’s or his authorized representative handwritten signature, and the operations and transactions made by him in the account on the online platform are considered to be made in simple written form.

5.3. Secure storage and confidential processing of access data and passwords is the sole responsibility of the client. The client must make sure that the access data and password are not be available to third parties. The client has the opportunity to change his access data at any time, as well as his personal password.

5.4. If any person other than the client logs in to the online platform using the client’s username and password, then all actions performed by such person will be considered committed by this client. The client is solely responsible for all actions performed by him on the online platform, as well as for all actions performed on the online platform by any other persons using the client’s login and password.

5.5. The client is obliged to ensure the safe and confidential storage of his login and password used to log in to the online platform. The Client is obliged to immediately notify operator of any case of their loss, including access to them by third parties, unauthorized (not authorized by the client) authorization on the online platform using a login and password and/ or of any violation (suspicion of violation) of the confidentiality of his password. In this case, operator will immediately block the client’s account. Then the operaator will send the new access data to the client by email, SMS or mail.

5.6. Operator is not responsible for any damage caused by unauthorized disclosure of access data and passwords, as well as violations by the client of the provisions of this part of this agreement.

§6 Posting information on the online platform #

6.1. By posting information on the online platform, the client guarantees that he has all the necessary rights to post information on the online platform. If the client does not have the proper rights to post any information on the online platform, the client undertakes not to post such information.

6.2. The Client undertakes to use the online platform:

• comply with all applicable law,
• to sell products that are not prohibited for sale in Germany and other countries,
• refrain from false or misleading statements that violate consumer rights or competition law (antitrust law),
• do not post on the online platform and do not send the following information anywhere through/through the online platform:
  • slanderous, insulting, defamatory/degrading the honor and/or dignity of third parties, containing threats;
  • violating the rights and legally protected interests of third parties;
  • violating the rights of citizens to privacy and public order;
  • propagandizing discrimination against people on racial, ethnic, sexual, religious grounds, social status, sexual orientation or other grounds;
  • promoting and/or calling for a change in the constitutional order;
  • the outbreak of war, religious, racial or ethnic discord, containing attempts to incite hostility or calls for violence, infringing on the rights of minorities;
  • containing pornographic materials or other morally offensive materials;
  • containing extremist materials;
  • insulting the religious feelings of citizens;
  • information of a “custom-made” nature, i.e. information created in someone’s interests that is inconsistent with the goals of creating an online platform;
• not to post on the online platform and not to send anywhere through/ through the online platform other information that does not comply with the legislation / or this agreement;
• not distribute on the online platform and/or through the online platform computer viruses or other computer codes, files or programs designed to disrupt, modify, block, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, usernames, passwords and other means for obtaining unauthorized access to the online platform, as well as to paid resources in the Internet;
• do not disrupt the normal operation of the online platform;
• not distribute and/or use any computer programs, robots (“spiders”) or other automatic algorithms and methods aimed at “pumping out” (collecting), illegal transfer, copying, blocking, modification, destruction of information and databases, as well as aimed at circumventing the restrictions established in the settings of the online platform;
• not to post or otherwise use on the online platform information protected by intellectual property law (including, but not limited to, that affects any patent, trademark, copyright and/or related rights) and other legally protected information without the appropriate rights and permissions from the copyright holder of such information. In the event of a dispute, the burden of proving that the information posted by the client does not violate anyone’s rights lies with such a client;
• not to place or distribute advertising on the online platform without obtaining the prior consent of operator;
• not to collect, store, distribute or otherwise process the personal information of other clients;
• not to post links to other Internet resources on the online platform, the content of which contradicts the requirements of the legislation and/or this agreement;
• do not distribute spam, “letters of happiness”, Internet earnings systems, pyramid schemes, multilevel marketing, e-mail businesses on the online platform and/or through the online platform;
• when registering on the online platform, do not indicate false personal information about yourself, do not register and do not perform actions on the online platform on behalf of another real or existing person, do not indicate personal information of third parties, do not use any forms and methods of illegal representation of third parties;
• not to commit actions through the online platform aimed at extorting or receiving money, regardless of the pretext, from other clients and/or third parties;
• not to promote the use and not to incline to the use of narcotic and psychotropic substances, not to involve in prostitution through an online platform;
• not to assist in the commission and/or not to commit other fraudulent, illegal, illegal actions using the online platform that contradict the requirements of the legislation and/or this agreement.

6.3. Operator provides the client with the opportunity to post information on the online platform and use the services of the online platform. Operator does not bear any responsibility for the accuracy and legality of the information posted by the client on the online platform, for the products offered by the merchant, the quality of such products and their other characteristics.

6.4. Operator does not verify and does not have the technical and factual ability to verify all information posted by the client on the online platform for its compliance with legal requirements and the provisions of this agreement, since such verification will make it impossible for the online platform to function.

6.5. Operator may, at its discretion, refuse to post, delete and/or edit any information that the client is going to post/has posted on the online platform.

6.6. A link to any website, product, service, or any information of a commercial or non-commercial nature posted on the online platform by the client or on the rights of advertising does not constitute an endorsement or recommendation of these products (services) by operator.

§7 Transfer of the coupon to a third party #

7.1. In addition to the possibility of exchanging the coupon for products, the client also has the opportunity to grant the coupon to another client (hereinafter referred to as the “recipient”).

7.2. The client selects from the contact list the person to whom he wants to send the coupon. The transaction is confirmed by the client by putting a check mark in agreement with the transaction.

7.3. The client has the opportunity to track when he sent the coupon, to whom and in what quantity. The cost of the granted coupon will then be deducted from the total balance of the client and credited to the recipient. The client receives a message confirming the transaction and providing the relevant data.

7.4. If the selected contact has not yet been registered on the online platform, the client can first send a free registration link to an unregistered recipient or select an already registered recipient.

7.5. When the client receives the coupon, he receives a pop-up message about the credit note received on its account.

§8 Responsibility #

8.1. Contractual liability of operator for damage caused by negligence, regardless of its legal basis, is limited as follows:
8.1.1. Operator is liable for the violation of essential contractual obligations within the amount of predictable damage, which is usually apply to this type of agreement,
8.1.2. Operator is not responsible for a minor negligent violation of any other applicable duty of care,
8.1.3. Operator is not liable for indirect losses or lost profits of clients or third parties, regardless of whether operator could have foreseen the infliction of such losses.

8.2. The above limitations of liability do not apply to mandatory statutory liability, in particular, to liability in accordance with the Law on Product Quality Liability and liability for culpably caused bodily injury.

In addition, these limitations of liability do not apply if and to the extent that operator has assumed a special guarantee.

8.3. Exclusions and limitations of liability in accordance with this agreement also apply to the personal liability of employees, legal representatives, subcontractors, agents, distributors, dealers or proxies of operator.

8.4. The Client is obliged to make reasonable efforts to prevent and minimize damage.

8.5. Operator assumes no obligations and makes no representations regarding the accuracy, completeness, relevance, correctness, reliability, integrity, quality, fitness for purpose or originality of any online platform content and coupons and, to the maximum extent permitted by law, all implied warranties, conditions or other conditions of any kind are hereby excluded. To the maximum extent permitted by law, operator is not responsible for any loss or damage of any kind incurred as a result of the client using the online platform or coupon or relying on any of their purpose.

8.6. The Client agrees to protect, indemnify and hold harmless operator, its affiliates, as well as its and their respective officers, directors, employees, contractors, agents, distributors, dealers, licensors, assignees from any claims, obligations, losses, legal costs, remuneration, damages, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or in connection with the client’s violation of this agreement or the client’s use of the online platform or coupons the ways not directly permitted by the present agreement or separate agreement between operator and the clients.

§9 Termination of contractual relations by the client #

9.1. The client has the opportunity to terminate his relationship with operator at any time by means of a written application made to operator in paper or electronic form.

9.2. The client has 3 (three) months after the application for termination of the contractual relationship to reactivate his account. If the account is not reactivated, the account and all client benefits received up to that point expire.

9.3. The customer must fully use his coupons before the termination of the contractual relationship or transfer them to other clients. Payment of coupons in cash is not possible.

9.4. Termination or withdrawal from this agreement for any reason does not release the merchant from fulfilling its obligations to its customers who purchased the merchant’s coupon from operator or merchant, including its agents, within 3 (three) years after the year of sale to the customer of the coupon (hereinafter referred to as the “coupon validity period”).

9.5. The fact of termination of the relationship with operator does not affect and does not exclude the client’s obligation to make a final settlement with operator or other counterparty of the client under a separate services agreement with the customer.

§10 The right to terminate contractual relations on the part of operator #

10.1. Operator has the right to terminate access to the online platform for the client, provided that the client is notified 15 (fifteen) calendar days in advance. The right to terminate access to the online platform for a valid reason remains unaffected by this clause and is effective immediately after notifying the client.

10.2. A valid reason exists, in particular, if:

• the client has made unacceptable multiple registrations within the same category of clients – the roles in order to obtain unreasonable benefits,
• the client violates the terms of this agreement,
• the client provides incorrect information about himself or the operator has reason to believe that the information provided by the client about himself is unreliable, incomplete, inaccurate, violates the terms of this agreement or the client uses someone else’s information,
• the client damages the economic interests or reputation of the online platform, operator, operator partner company or other client.

§11 Intellectual property #

11.1. The use of the online platform by the client is allowed only in accordance with this agreement and exclusively in the ways provided for by the technical capabilities of the online platform.

11.2. The copyright holders in relation to the information posted on the online platform are, in appropriate cases, operator, clients and/or third parties.

11.3. Operator is the legal holder of non-exclusive rights to the online platform.

11.4. Any information posted on the online platform by the client, respectively, belongs to such a client or a corresponding third party. By posting information on the online platform, the client confirms that he has all the necessary rights and powers for this, and the client also agrees that such information becomes available to the clients of the online platform.

11.5. By posting information on the online platform, the client automatically, free of charge, unconditionally and irrevocably grants operator a non-exclusive right to use such information throughout the world for an unlimited period at the discretion of operator, including, but not limited to, reproduction, copying, selection, systematization, transformation, modification, editing, translation, publishing, distributing, broadcasting, cable communication, making such information available to the public (in part or in full) by any legal means. Also, by posting information on the online platform, the client confirms that he has the appropriate rights and authority to provide the operator with the above non-exclusive right to use the posted information.

With such use, operator has the right to use the relevant information both with the name of the author of such information and without specifying the name of the author (the name of the author will be indicated by the name (alias) of the client, which he indicated when registering on the online platform or in the profile settings or the login of the client). Operator has the right to transfer the rights specified in this paragraph to third parties.

11.6. The client has no right (unless otherwise expressly permitted by the services of the online platform) in any way to modify, copy, erase, save, download, distribute, transmit, sell, “post” and otherwise use the information posted on the online platform (except for the information that was lawfully posted on the online platform by the client himself) without the prior permission of operator and/or the relevant copyright holder, except in cases where operator and/or the copyright holder have explicitly expressed their consent to the free use of information by any person.

11.7. The client undertakes to use the information received, as well as any other information contained on the online platform, only for personal purposes, except in cases where permission for other use is explicitly given by operator and/or the relevant copyright holders.

11.8. The client is not allowed to use the intellectual property rights, in particular the names and trademarks of operator, other clients or the operator partner company, without the express prior and written permission of operator, another client or the partner company. Any permission granted may be revoked. In particular, the client does not have the right to distribute the aforementioned intellectual property rights or make them publicly available.

§12 Confidentiality #

12.1. With respect to clients-legal entities: The Parties undertake to maintain the confidentiality of contractual documentation, documentation on the execution of contracts, as well as other documentation that the parties exchange, unless otherwise provided in the separate agreements of the parties.

12.2. In relation to individual clients: Being the person responsible for data protection, operator collects, stores and processes personal data, as well as data in connection with the use of the online platform, to the extent that they are necessary for the execution of the agreement, in particular, to determine the purchasing privileges to which the client is entitled, and so on.

Additional provisions related to the law on data protection when using the online platform can be found in the Privacy Policy.

The сlient agrees that all information that the client provides for registration using the online platform or otherwise, including, but not limited to, the use of any interactive functions on the online platform, is governed by the Privacy Policy, and the client agrees to all actions that operator takes with respect to the Client’s information in in accordance with the Privacy Policy.

§13 Functioning of the online platform #

13.1. Operator does its best to ensure the proper functioning of the online platform around the clock, however, operator does not bear any responsibility if any violations occur in the operation of the online platform for any reason.

13.2. Operator does not guarantee that the information posted on the online platform will be available at any time or will not be deleted or lost. Operator is not responsible for failures and delays in the operation of the online platform, as well as for the possible consequences of such failures and delays.

13.3. Operator is not responsible for the possible leakage of information from the database of the online platform as a result of unauthorized actions of third parties.

13.4. Operator is not responsible for the presence of viruses on the online platform, as well as for the possible consequences of infecting the client’s computer with viruses or getting other malicious programs on the client’s computer.

13.5. Operator provides the online platform to the client “as is”, “as available” and at its own risk without any additional guarantees. From time to time, operator may change the format and content of the online platform without notice. Operator posts information about changing the rights to use coupons on the online platform. Even though operator makes every possible effort to ensure that all information contained on the online platform (except for any content created by clients) is correct, it is not and is not intended to be an authority or advice to be relied upon.

13.6. Any recommendations made by operator for the client using the technical means of the online platform are only a forecast made on the basis of the information provided by the client. These recommendations may not correspond to the actual preferences of the client, his ideas about morality and do not meet his aesthetic taste. Operator is not responsible for the inconsistency of the proposed recommendations with the actual preferences of the client.

13.7. The Client is solely responsible for the information posted by him on the online platform and/or communicated by him to other clients or third parties through the online platform, including for its content and compliance with legal requirements, for violation of the rights of third parties to the information posted and/or communicated by the client (including, but not limited to limited to the rights of the author and/or related rights, rights to means of individualization, rights to trade secrets and other legally protected rights). The Client independently compensates for any losses (including lost profits, moral damage) incurred by other clients, third parties and/or operator as a result of these violations and/or posting such information on the online platform, and/or reporting such information through the online platform, as well as performing other actions in connections with the use of the online platform.

13.8. Operator is not responsible for contracts between clients and/or the client and any third parties concluded using or in relation to the online platform. In particular, operator only provides access, but binding relationships arise directly between clients or third parties, operator does not bear any responsibility for these obligations.

13.9. The client undertakes to resolve all disputes on his own and at his own expense and settle all claims and claims of third parties, orders and requirements of authorized state authorities received both by the client and by operator in connection with the client’s posting of information on the online platform, as well as to reimburse all losses and expenses, incurred by operator in connection with such claims and lawsuits.

13.10. By using the online platform, the client gives his consent to receive advertising messages. The Client has the right to refuse to receive advertising messages by notifying operator.

§14 Other #

14.1. In everything that is not regulated by this agreement, German law applies to the relations of the parties, as well as to disputes between the parties, with the exception of conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. If the client is a consumer and the mandatory provisions of the law of his usual place of residence prevent the above choice of applicable law, the law of the client’s place of residence applies.

14.2. All disputes and disagreements arising between the Parties under this agreement or in connection with it are subject to mandatory pre-trial settlement of claims. The claim must be made in writing. The documents and information necessary for consideration of the claim on the merits must be indicated in the claim and attached to the claim. The other Party is obliged to respond to the submitted claim within 10 (Ten) calendar days from the date of its receipt.

14.3. In case of failure to reach agreement in the claim procedure, the dispute is subject to judicial resolution in accordance with the following. The place of performance of all obligations arising from or in connection with this document and the exclusive place of jurisdiction for all disputes arising from or in connection with this document is the Berlin district court.

14.4. In business transactions with EU resident consumers, jurisdiction at the consumer’s place of residence is applied in exceptional cases, if it is mandatory provisions of consumer protection legislation.

14.5. The client can set off claims of operator or claim the right of retention only if his counterclaim is indisputable, has a legal basis or the counterclaim proceeds from a synallagmatic relationship with the corresponding claim.

14.6. The client does not have the right to assign claims arising from contractual relations without the prior written consent of operator.

14.7. If any provision of this agreement or any provision of separate agreements is or becomes invalid, this will not affect the validity of any other provision or agreement.

14.8. No waiver by operator of any provision or condition set forth in this agreement shall be deemed a subsequent or continuing waiver of such provision or condition or a waiver of any other provision or condition, nor shall any failure by operator to assert a right or provision under this agreement constitute a waiver of such right or provisions.

14.9. The language of this agreement is German. This agreement may be translated into any other language for the convenience of the client, but only the German version of the agreement will have legal force and prevail over all other translations.

14.10. All reviews, comments, requests for technical support and other messages related to the online platform and its operation, as well as coupons, should be sent to the technical support address: support@libersave.com.