General Terms and Conditions MaxProfitCard Program – ENG version August 2024

1. The MaxProfitCard Program
   
   
1. The MaxProfitCard Program offers you access to special offers, advantages and discounts from partner companies ("Benefits") as part of the MaxProfitCard Program. The MaxProfitCard is offered by MaxVentures AG, Gerichtstraße 2, 65185 Wiesbaden, HR 135305 ("MaxVentures" or "We" or "Us").
2. As a participant in the MaxProfitCard Program, you have access to Benefits from partner companies participating in the MaxProfitCard Program. The latest overview of the Benefits offered by partner companies in the MaxProfitCard Program can be found at www.maxprofitcard.eu.
   
   
2. Participation and Registration
   
   
1. All natural persons aged 18 or over are eligible to participate. To participate in the MaxProfitCard Program, you must register at www.maxprofitcard.eu. To register, you must provide your surname, first name, address, email address and date of birth. The information must be complete and correct. You can change your details at any time at www.maxprofitcard.eu.
2. We are entitled to check the data entered during registration and can refuse an applicant’s participation in the MaxProfitCard Program at our sole discretion and without written notification.
3. Participation in the MaxProfitCard Program is subject to a fee. The annual fee must be paid when registering for the MaxProfitCard Program.
4. After successfully registering for the MaxProfitCard Program, you will receive your personal MaxProfitCard, in digital format, via a link in the registration confirmation sent to your specified email address. You can use this link to load your digital MaxProfitCard into the wallet on your mobile phone. The digital MaxProfitCard is used to authenticate the purchase and use of Benefits from partner companies.
   
   
3. Benefits of Partner Companies
   
   
1. The Benefits offered by partner companies are constantly updated and made available to MaxProfitCard holders at www.maxprofitcard.eu.
2. We are not responsible for the content and provision of services or delivery of goods by partner companies (“supplies”) and are not liable for them.
3. You enter into a contract directly with the partner company for the supplies. Any claims (such as claims for defects or claims due to other violations with regard to supplies) must be directed directly to the partner company. Separate terms and conditions usually apply to the purchase and use of the partner company’s supplies.
   
   
4. Authorization and Use
   
   
1. The MaxProfitCard is personal and therefore not transferable. In principle, only the MaxProfitCard holder is entitled to access, purchase and use the Benefits of the partner companies, unless the partner company expressly allows the purchase and use of Benefits by third parties.
2. We and the partner company are entitled at any time to request the presentation of the MaxProfitCard and other documents for identification purposes.
   
   
5. Term and Termination
   
   
1. The contract for participation in the MaxProfitCard Program has an initial term of 12 months.
2. The right to immediate extraordinary termination for good cause is possible at any time. For us, an important reason exists in particular in the following cases:
   
   
1. A serious violation of these general terms and conditions by the MaxProfitCard holder;
2. Fraud or misuse of the MaxProfitCard Program within the meaning of Section 6 below;
3. Material false information when registering.
   
   
3. Except in the cases mentioned under Paragraph 5.2 i) to iii), extraordinary termination is generally only permitted after the expiry of a period of at least 14 days set for remedy or after an unsuccessful warning.
   
   
4. At the end of the term, the MaxProfitCard in digital form is automatically deleted or becomes invalid. No more benefits from partner companies can or may be acquired. Benefits or supplies already acquired can be used under the terms of the partner company.
   
   
6. Fraud and Misuse of the MaxProfitCard Program
   
   
1. If we have reasonable grounds to suspect that you are behaving fraudulently in relation to the MaxProfitCard Program or are misusing it, e.g. through unfair or deceptive actions, we may take appropriate measures.
2. These measures may include, among other things, further verification of the MaxProfitCard Holder's registration and account details, as well as temporary or permanent deactivation of the digital MaxProfitCard up to and including termination of this contract if suspicions of fraud or misuse are confirmed.
   
   
7. Waiver of Withdrawal Right When Obtaining Benefits Before the Withdrawal Period Expires
   
   
1. You are hereby informed of your statutory right of withdrawal (cancellation) of 14 days, by means of a withdrawal policy. If you purchase or use the Benefits of the partner companies before the withdrawal period expires, you hereby expressly declare that we should begin executing the contract before the withdrawal period expires. You are also aware that you lose the right of withdrawal to which you are legally entitled once we have fulfilled the contract. 
2. The terms of the relevant partner companies shall also apply with regard to any recovery of or charging for Benefits purchased or used prior to an effective withdrawal pursuant to your statutory rights.
   
   
8. Changes to the General Terms and Conditions
   
   
1. We can change and adapt these General Terms and Conditions with effect for the future, as described below, if there is a valid reason for the change and if the changes are reasonable taking into account your and our interests.
2. A valid reason exists in particular if the changes are necessary to a significant extent due to a disruption of the balance of the contract that was unforeseeable for us at the time the contract was concluded, are necessary for technical reasons or are necessary for the further implementation of the contract due to changes in case law or legislation.
3. We will send you the amended General Terms and Conditions in text form (by email) at least eight weeks before the planned entry into force and will inform you of the new regulations and the date of entry into force. At the same time, we will grant you a reasonable period of at least eight weeks to declare whether you accept the amended General Terms and Conditions or object to them.
4. If you do not make a declaration of objection within the specified period, which period begins upon receipt of the message in text form, the amended General Terms and Conditions will be deemed to have been agreed.
5. At the start of the period, we will separately inform you of this legal right, i.e. the right of objection, the objection period and the significance of silence.
   
   
9. Data Protection
   
   By registering and participating in the MaxProfitCard Program or by using your MaxProfitCard to receive Benefits from partner companies, you agree to the collection, use and disclosure of your personal data by us, the participating partner companies and their authorized representatives and licensees in accordance with the data protection information, available at https://www.maxprofitcard.eu/pages/privacy-policy.
   
   
10. Contract Language, Applicable Law, Place of Jurisdiction
    
    
1. Our contract language is English.
2. The law of the Federal Republic of Germany applies if you have your usual residence in Germany.
3. If you are a consumer and do not have your usual residence in the Federal Republic of Germany, German law still applies except that mandatory provisions of the state in which you have your habitual residence remain unaffected. Otherwise, the applicable law is based on the statutory provisions.
4. If you do not have a general place of jurisdiction in Germany or another EU member state, or if you are a merchant or have moved your permanent residence abroad after these terms of use came into effect, or if your place of residence or usual residence is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes in connection with the MaxProfitCard Program is Frankfurt am Main.
5. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.