B52 Holding Playground – Terms & Conditions and Consent

Last modified: 25 September 2018

THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE PLAYGROUND WALLET APP

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS AS BY DOWNLOADING THE APP YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN DO NOT DOWNLOAD THE APP

  1. B52 Holding AG, Chamerstrasse 44, 6331 Hünenberg and its affiliates and third-party service providers Meniga and Braintribe provide you with an application: “Playground Wallet APP Test Service” on the platform for iOS and Android. References to “we”, “us”, “our” are references to B52 Holding AG. In this context you agree to the following: Usage of Playground Wallet APP Test Service

    Playground Wallet APP Test Service (the “APP Test Service”) is a test environment enabling users to learn about and interact with each other in order to understand the functionality and the abilities of the B52 Wallet APP. We reserve the right to modify these Terms and Conditions as required. If these Terms and Conditions are modified, we will post a clear, easily accessible modification notification on the APP Test Service. If you continue using the APP Test Service, you will be bound by any or all modifications made to it.

    The usage of APP Test Service is for free. All data provided and used are kept confidential. However, in case you may experience any data leakage, you are entitled to request the immediate cancelation of your user profile at the Playground Wallet APP Test Service – which will occur within 24 hours. The cancelation of the user profile also includes the deletion of all accounts, transactions undertaken up to this point and historical data.

    You have the right to sign up again at any point of time. However, you will start with a new base data set, having no connection to any previously executed transactions.
    The APP Test Service uses ONLY virtual or mock-up values. B52 Holding AG, its affiliates and third-party service providers bear no liability to compensate the user in case of any fictitious loss of any virtual currencies.

  2. Intellectual Property

    The APP Test Service and all copyright, database rights, trade marks and other intellectual property rights related to it belong to B52 Holding AG, its affiliates and third-party service providers Meniga and Braintribe or our licensors. You must not attempt to extract any source code from the APP Test Service, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the APP Test Service and our systems. You must not use the APP Test Service in a way that may damage or impair the APP Test Service or our underlying systems and security.

  3. Consent to Electronic Communications

    You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we, B52 Holding AG, its affiliates and third-party service providers Meniga and Braintribe, provide to you in connection with the APP Test Service. Your consent gives us permission to communicate with you electronically in regard to any activity on, including the products and services accessed through, the APP Test Service and is not specific to any transaction (hereinafter – “Consent”). Your Consent confirms your ability to receive Communications electronically and to the use of electronic signatures in the APP Test Service relationship with you. If you choose not to agree to this Consent or you withdraw your Consent, you may be restricted from using the Services.

    B52 Holding AG may provide all Communications electronically by email (sent to the e-mail specified in your digital signup information), by text message, or by making them accessible via the website. Communications include, but are not limited to, agreements and policies required to use the Services (e.g., these Terms and Conditions & Consent) and the Privacy Policy.

  4. System Requirements

    To access and retain the electronic Communications, you will need the following:

    1. A computer and a mobile device with Internet or mobile connectivity.

    2. For website-based Communications, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Chrome current version (see www.google.com/chrome for current version). The browser must have cookies enabled.

    3. For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play store.

    4. Access to the email address used to create your Digital Wallet.

    5. Sufficient storage space to save Communications and/or a printer to print them.

    6. If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add info@b52holding.com to your email save senders address book.

  5. Consent Withdrawal

    You may withdraw your Consent at any time, by writing to info@b52holding.com, office address: B52 Holding AG, Chamerstrasse 44, CH – 6331 Hünenberg, Switzerland, CH-ID: CH17040155814.

    However, withdrawal of your Consent to receive electronic Communications may result in termination of your access to our Services. Any withdrawal of your Consent will be effective after 24 hours for processing your request.

  6. Our responsibilities to you

    While we will endeavor to ensure that the APP Test Service is normally available 24 hours a day, we shall not be liable if for any reason the APP Test Service is not available at any time or for any period. Access to the APP Test Service may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the APP Test Service.

    The APP Test Service, including all content on or available through the APP Test Service, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the APP Test Service or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the APP Test Service. The content of the APP Test Service is not intended as advice and should not be relied upon.

    We do not accept any responsibility to you for:
    (a) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the APP Test Service;
    (b) any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
    (c) viruses that may infect your computer equipment or other property on account of your access to or use of the APP Test Service or your accessing any materials on the APP Test Service;
    (d) any unauthorized use or interception of any message or information before it reaches the APP Test Service or our servers from the APP Test Service;
    (e) any unauthorized use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
    (f) any content provided by third parties.

  7. Law and jurisdiction

    These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the law of Switzerland and the parties agree that the courts of Zurich, Switzerland will have exclusive jurisdiction to settle any such disputes or claims.