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General Terms and Conditions
Version 3.0; Date: [10.06.2024]
1. Scope
These General Terms and Conditions ("GTC") govern the use of the website "https://www.senken.io/".
The operator of the website is Senken GmbH, located at Zehdenicker Straße 8a, 10119 Berlin, Managing Directors: Adrian Wons and Djamel Mekibes, registered in the commercial register at the Berlin Charlottenburg district court under HRB247223B ("Senken"). The GTC apply exclusively to commercial users of the website ("User"), defined as enterprises and other entities engaging in commercial activities. Consumers are expressly prohibited from using the Platform (commercial part of the website). The User's own terms and conditions shall not apply, even if Senken has not expressly objected to their validity in individual cases.
User Confirmation: By registering for and using the Platform, the User explicitly confirms acceptance of these GTC.
2. Definitions
For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:- "Platform": The term "Platform" refers to the digital and commercial ecosystem provided by Senken, encompassing all commercial services, features, and functionalities available on the Senken.io website and its associated applications. This includes the marketplace for purchasing and managing carbon credits, any commercial transactions, and user interactions within this digital framework. - "User": Any entity engaging in commercial activities that registers for or uses the Platform. Consumers are excluded from the definition of User.- "CO2 Credits": Carbon offset credits traded on the Platform.- "Senken": Senken GmbH, the operator of the Platform.
3. General
Senken operates a marketplace via the Platform for the exchange of CO2 credits between users. Senken does not produce these credits and therefore is not responsible for their quality, legality, or compliance with any standards. Senken's customer service is available from Monday to Friday from 09:00 to 17:00 CET, at the following contact details: Email: contact@senken.io Senken reserves the right to modify these General Terms and Conditions (GTC) at any time. The latest version of the GTC will always be available on the Platform. Users will be notified of any changes to the GTC in text form (e.g., by email) at least 30 days before the changes take effect. If the changes affect user rights or obligations, users will be informed in a clear and understandable manner. Continued use of the Platform after the changes take effect will constitute acceptance of the new GTC. If a user does not agree to the modified terms, they must cease using the Platform before the changes take effect.Senken may subject the use of the Platform or individual functions of the Platform, or the extent to which individual functions can be used, to certain conditions, such as verification of registration data, confirmation of commercial status, duration of use, or the submission of certain documents (e.g., identity documents).
4. Registration and Use of User Account
The use of the Platform requires registration as a user. The user may sign in using email or. The Platform and User Account are exclusively available for commercial use. Registration is limited to:
- Natural persons who are at least 18 years old and possess full legal capacity.
- Legal persons and partnerships, provided that registration is completed by a natural person who has the authority to represent the entity and is explicitly named.
Only individual entities (whether natural persons, legal persons, or partnerships) may be listed as the owner of a User Account. Multiple registrations by the same entity are prohibited.
The user must keep their password and other security features that provide access to their User Account confidential and carefully secure access to their User Account. The user is obliged to inform Senken immediately if there are indications that a User Account has been or is being used by third parties without authorisation. User accounts are not transferable. If the information provided during registration changes, the user is obliged to update the information in their User Account within 7 days.
5. Intellectual Property Rights
All content on the Platform, including text, graphics, logos, and software, is the property of Senken or its licensors and is protected by intellectual property laws. Users retain ownership of any content they upload but grant Senken a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content on the Platform.
6. Communication and Notices
All communications and notices from Senken to users will be sent via email to the address provided during registration or through notifications on the Platform. Users are responsible for keeping their contact information up to date. Notices will be deemed received 24 hours after the e-mail is sent or upon posting on the Platform.
7. Exchange between Users
Using the Platform, users may exchange CO2 credits with each other. Senken acts as an intermediary between users, facilitating the exchange of credits. When a User wants to buy credits via Senken we offer them guidance by creating a high-quality CO2-credit portfolio based on the needs of the respective User. The User can then choose the type and amount of credits they want to buy. In the following treaties are set up with the buyer (e.g. company) side and the supplier (CO2 projects) side to align the interests of the involved parties concerning the respective exchange of credits. Senken reserves the right to impose deal-specific transaction fees for the exchange of CO2 credits between. Users will be transparently informed of any such fees prior to completing their transactions. Detailed information about the transaction fees will be provided on the Platform.Senken may, at its discretion, impose limits or conditions on the use of the Platform or individual functions of the Platform, such as limits on the amount or frequency of exchange transactions, or requirements for the verification of registration data, confirmation of commercial status, or submission of identity documents. Users will be informed of any such limits or conditions in a clear and transparent manner
8. Publication of Content by Users
Users have the option to upload content (text, photos, graphics, videos, etc.) to the Platform. The user undertakes to Senken not to upload any content to the Platform that violates applicable law or good morals by its content or form or design or in any other way. In particular, the user agrees to comply with applicable law (such as criminal, competition, and youth protection law) and not to infringe the rights of third parties (such as name, trademark, copyright, image, and data protection rights) when uploading content. If a user does not comply and the content is removed by Senken, Senken will notify the user of the content removal and provide the reason for this action.Senken reserves the right to block or delete any content at any time, for example, if there are specific indications that they violate applicable law or the rights of third parties. In all other respects, section 9 shall apply.
9. Term of the Agreement
These terms and conditions are after acceptance valid for an indefinite period of time.
10. Blocking and Termination
Senken may take the following measures if there are specific indications that a user violates legal regulations, the provisions of the terms and conditions, or the rights of third parties, especially copyright, or to protect users from fraudulent activities:
- Delete bids, offers, or other content
- Warn users
- Delay or forbid the publication of bids and other content
- Restrict the use of the Platform, in particular the exchange activities
- Temporary block the user
- Permanently block the user
In choosing a measure, Senken takes into account the legitimate interests of the affected user, especially whether there are indications that the user did not cause the violation. Users will be notified of any blocking actions and provided with the reason for such actions and additionally have the option to appeal via contact@senken.io in case they were blocked wrongfully. Senken may permanently exclude a user from using the Platform (permanent blocking) if:
- The user provided false information during registration
- The user transfers their user account or grants third parties access to it
- The user significantly damages other users or Senken
- The user repeatedly violates the terms and conditions
- There is another important reason.
After a user has been permanently blocked, there is no entitlement to restore the blocked user account. User Termination Rights: Users can terminate the usage agreement at any time. The right to terminate for cause remains unaffected. Senken’s Termination Rights: Senken may terminate the usage agreement with 30 days' notice to the end of the month. However, this does not affect Senken’s right to immediately block a user or terminate the agreement for significant reasons. A significant reason exists, in particular, if Senken is entitled to permanently block the user. Post-Termination Restrictions: Once a user has been blocked or the usage agreement has been terminated, that user may not use the services of the Platform with the same or other user accounts and may not register again on the Platform. Blocking or termination has no effect on the effectiveness of exchange contracts already concluded on the Platform.
11. Technical Availability of the Platform
Senken aims to provide users with continuous access to the Platform. However, users acknowledge and agree that Senken does not guarantee advance notification of any downtime or interruption. Users acknowledge and agree that Senken shall not be liable for any loss or damage resulting from any such downtime or interruption. Maintenance Work:Senken may perform maintenance work on the Platform to ensure its quality and further development. Maintenance work will not be taken into account when calculating the Platform's availability. Senken will endeavor to perform maintenance during periods of low Platform utilization and will use reasonable efforts to inform users about such work in advance.Urgent Adjustment and Updates:Periods of unavailability due to urgent adjustments or updates to the IT infrastructure (to address security vulnerabilities, acute software and hardware instability, or imminent dangers such as ongoing attacks) will not be considered in the availability calculation. In these cases, Senken may perform unscheduled and unannounced maintenance work. However, Senken will make reasonable efforts to restore the Platform to normal functioning as soon as possible and inform users about the status of the maintenance work. External Factors:Time periods during which the Platform is not available due to technical or other problems that are not within Senken's control, such as force majeure events, third-party fault (who are not agents), causes within the users' control (such as hardware failure), etc., will not be included when calculating the availability of the Platform. Liability Clause:Clause 11 of the terms and conditions (liability) remains unaffected by the above provisions of this clause.
12. Liability
Senken is liable to the user in all cases of contractual and non-contractual liability in cases of intent and gross negligence, in accordance with the statutory provisions, for damages or reimbursement of futile expenses. In all other cases, Senken is only liable for the violation of contractual obligations, the fulfillment of which is essential for the proper performance of the usage agreement and on which the user can regularly rely (so-called cardinal obligations). This liability is limited to the replacement of foreseeable and typical damages, unless otherwise provided for in section 3. In all other cases, liability of Senken is excluded, subject to section 3. The liability for damages resulting from injury to life, body, or health and according to the Product Liability Act remains unaffected by the above-mentioned limitations and exclusions of liability.
13. Indemnification
The user shall indemnify and hold Senken harmless from all claims asserted against Senken by third parties arising out of the user's improper, contract-violating, or unlawful use of the user account and the Platform, to the extent that the user is responsible for such improper, contract-violating, or unlawful use. In this regard, the user shall assume the costs of Senken’s necessary legal defense, including all court and attorney's fees in the statutory amount. In the event of a claim made by third parties, the user is obliged to provide Senken immediately with all information required for examining the claims and for defense purposes. This information must be provided truthfully and completely.
14. Data Protection
Information regarding data protection is provided in our Privacy Policy, available at: [https://www.senken.io/privacy](https://www.senken.io/privacy).
15. Complaints and Dispute Resolution
In case of complaints, users can contact Senken directly at contact@senken.io. Furthermore, users have the option to submit a complaint in writing or in text form to the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), Graurheindorfer Straße 108, 53117 Bonn, fax: +49 (0)228 4108-1550, regarding any violations by Senken in connection with investment brokerage. Users can also submit a complaint to the conciliation board of the Deutsche Bundesbank or use the platform of the EU Commission for online dispute resolution which you can access at http://ec.europa.eu/consumers/odr/.
16. Final Provisions
The user can download and save the current version of these terms and conditions via the platform. Users are encouraged to review the terms regularly, especially after updates. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless there are mandatory statutory provisions (especially consumer protection regulations) to the contrary. Consumers can always refer to more favorable provisions of their national law. The contract language is German and English. In case of interpretation discrepancies, the German version of these terms and conditions shall prevail.If the user does not have a general place of jurisdiction in Germany or in another EU member state, or is a merchant or a legal entity under public law, or has moved their permanent residence abroad, or if the residence or habitual abode is not known at the time of filing the lawsuit, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Senken.Should individual provisions of these terms and conditions be or become invalid, unenforceable, or unworkable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of these terms and conditions. The invalid, illegal, unenforceable, and/or unworkable provision shall be replaced by a valid, legal, and enforceable provision which comes closest to the spirit and economic purpose of these terms and conditions as well as the original intention of the parties.
17. Contact
Senken GmbHZehdenicker Straße 8a10119 BerlinDeutschlandcontact@senken.io
- These General Terms and Conditions („GTC“) regeln die govern the use of the website " https://www.senken.io/ “ („Platform“). The operator of the Platform is Senken GmbH, located at Zehdenicker Straße 8a, 10119 Berlin, Managing Directors: Adrian Wons and Djamel Mekibes registered in the commercial register at the Berlin Charlottenburg district court under HRB247223B (" senken, hereafter Senken").
- The GTC apply regardless of whether the user of the Platform (" User“) is a consumer or an enterprise. The user's own terms and conditions shall not apply, even if senken has not expressly objected to their validity in individual cases.