1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll, civil Code (hereinafter referred to as "Civil Code") by Coingarage Finance s.r.o., with registered office at Vasátkova 1009/22, 198 00 Prague 9, ID No.: 17579708, registered in the Commercial Register by the Municipal Court in Prague, file No. C 373482, e-mail: [email protected], telephone: +420 778 116 516 website: https://coingarage-finance.com/ (hereinafter referred to as "Website") (hereinafter referred to as "Company").
1.2 These Terms and Conditions govern the mutual rights and obligations of the Company and the natural or legal person who enters into a silent partner investment agreement with the Company (hereinafter referred to as "Silent Partner").
1.3 The provisions of the Terms and Conditions are an integral part of the Silent Partner Investment Agreement. Any deviating provisions in the Silent Partner Investment Agreement (the "Agreement") shall prevail over the provisions of these Terms and Conditions.
1.4 These Terms and Conditions and the Agreement shall be concluded in the Czech or English language.
2.1 Based on the registration of the Silent Partner made in the Company's online system on the Website, located at app.coingarage-finance.com (hereinafter referred to as the "Online System"), the Silent Partner may access his/her user (customer) account (hereinafter referred to as the "User Account").2 In order to properly register for a User Account, the Silent Partner shall:
a) duly fill in the electronic form below with the personal details provided and submit it to the Company;
b) verify the accuracy of the email provided by sending an automated email to the email provided by the Company with a link to activate the User Account;
c) duly make identification through the veriff service.com (www.veriff.com);
(hereinafter referred to as "Registration").
2.3 After completing the Registration, the Silent Partner is entitled to:
- enter into the Agreement through his User Account. The Silent Partner may also enter into the Agreement without registering a User Account, but only by signing the Agreement in person or via the portal www.signi.com;
- change his/her personal data;
- change his/her access password;
- delete his/her account;
- log out of the User Account;
- view disclosures about the Company's activities;
- view information about his/her investment.
2.4 When registering for a User Account and when entering into the Agreement, the Silent Partner shall provide all information correctly and truthfully. The Silent Partner shall promptly update the information provided in the User Account upon any change. The information provided by the Silent Partner in the User Account shall be deemed correct by the Company.
2.5 The Silent Partner, if he is a natural person, is obliged to indicate at the time of Registration, if applicable, the following.
- name and surname;
- date of birth;
- permanent residence;
- contact telephone number;
- contact email address;
- international bank account number of the Silent Partner, the so-called "Silent Partner Bank Account". IBAN (International Bank Account Number);
- the international identification code of the Silent Partner's bank, the so-called SWIFT/BIC;
- an indication whether the Agreement is concluded and the Silent Partner's Deposit is made in the course of the Silent Partner's business.
2.6 The Silent Partner, if it is a legal entity, is obliged to indicate at the time of registration, if applicable.
- business name;
- business registration number;
- registered office;
- name and surname of the representative person;
- relationship of the representative person to the legal entity;
- date of birth of the representative person;
- permanent residence of the representative person;
- contact telephone number;
- contact e-mail address;
- international bank account number of the Silent Partner, the so-called "Silent Partner". IBAN (International Bank Account Number);
- the international identification code of the Silent Partner's bank, the so-called SWIFT/BIC.
2.7 Access to the User Account is secured by a username and password. The Silent Partner shall maintain confidentiality regarding the information necessary to access his User Account. The Company shall not be liable for any misuse of the User Account by third parties.
2.8 The Silent Partner shall not be entitled to allow third parties to use the User Account.
2.9 The registration of the User Account is subject to the successful identification of the Silent Partner through the veriff.com service (www.veriff.com) (hereinafter referred to as "Identification"). If the Identification is not successfully completed or is rejected, the Company reserves the right not to enter into the Agreement and not to register the User Account.
2.10 The fact whether the Identification has been successfully completed will be communicated to the Silent Partner via contact email. The content of the email will be a notification of the result of the Identification, including the reason why the Identification was not successfully carried out, if any.
2.11 The Company and the Silent Partner are entitled to unilaterally cancel the User Account if the Silent Partner does not use his/her User Account and at the same time if the Agreement has been terminated or if the Identification has not been successfully carried out. Neither the Company nor the Silent Partner shall be entitled to cancel the User Account if the Agreement is active.
2.12 The Silent Partner acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Company's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
3.1 The minimum amount of the Deposit shall be CZK 50,000 or equivalent in EUR or USD.
3.2 The Silent Partner shall determine the amount of the Deposit by entering its value in the relevant field in the Online Portal and shall transfer it to the Company within the time limit specified in the Agreement.
3.3 The Silent Partner shall be entitled to make the Deposit payment by the following methods:
- bank transfer;
- virtual asset;
- online credit card.
3.4 The details for making the Deposit shall be sent to the Silent Partner's e-mail, depending on the choice of the payment method by the Company.
4.1 The Contract is concluded by signature by both parties or, if concluded in electronic form via the www.signi.com portal or via the On-line system, once the Silent Partner has actively selected the button in the Company's On-line system that is directly dedicated to the conclusion of this Contract. This act constitutes the Silent Partner's intention to enter into this Agreement with the Company. The conclusion of the Contract in the portal www.signi.com shall take place on the date of signature of both Parties.
4.2 All actions of the Silent Partner leading to the conclusion of the Contract shall be legally binding.
4.3 If there is a manifest technical error on the part of the Company in the provision of any information on the Company's website or during the Registration process, the Company shall not be obliged to act or otherwise take any action in relation to the Silent Partner in respect of such manifestly erroneous information even if the Silent Partner has been sent an automatic confirmation pursuant to these Terms and Conditions.
5.1 The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Contract.
5.2 Supervision of compliance with the obligations arising from Act No, on consumer protection, as amended, is carried out by the Czech Trade Inspection Authority, with registered office at Štěpánská 15, 120 00 Prague 2 - Nové Město, e-mail: [email protected], website: www.coi.cz. The Silent Partner may contact this body and submit any complaints that may arise from the Agreement.
These Terms and Conditions shall take effect on 20.10.2022