Geosfair Terms and Conditions

Welcome to www.geosfair.com! The following Terms and Conditions govern the contractual relationship between you and Geosfair UG (limited liability) (hereinafter: Geosfair) for the use of the “Geosfair” product range available at www.geosfair.com and for the services supplied by Geosfair. Terms proposed by you that conflict with our terms will not be accepted. Where these Terms and Conditions refer to male users or contractual partners, etc., this merely serves the purpose of better readability and is of no importance in terms of gender, nationality, religion or the like.

1. Services

1.1 On the basis of these Terms and Conditions and in compliance with the rules of conduct as part of the “Geosfair” service, Geosfair offers the possibility of using virtual properties around the world (so-called Units). The prerequisite for using a virtual property is the payment of a registration fee to Geosfair. The registration fee for the Units can be found in the current price list. Please note that the Units are virtual real estate and do not grant you any rights to the actual property or to Units representing real estate.

1.2 Units that Geosfair has released to you may be given away or sold by you to other members for a price freely negotiated between you and the other Geosfair members. For such transactions Geosfair provides only the platform with the Units and is not responsible for fulfilment of the contractual agreement between you and other members. Prerequisite for the transfer, however, is that both the transferor and the recipient of the Units are Geosfair members. Once the Geosfair transferor confirms the transfer, Geosfair shall release the Units to the transferee. For this service, Geosfair calculates a brokerage commission for both the transferor and the recipient, the amount of which is also found in the current price list. There is no commitment to buy or sell any Units. The terms “buy” and “sell” refer only to the activation of Units by Geosfair on behalf of Geosfair members who have paid the activation fees for the corresponding Units, be it to Geosfair or as a result of acquisition by a third party.

1.3 Geosfair will donate forty percent of the revenues from payments made by Geosfair members to, for example, non-governmental organisations (NGOs). The donation recipients are selected by the Geosfair members on the basis of proposals submitted by Geosfair (see point 7).

2. Membership / contractual relationship

2.1 The precondition for using Geosfair services is membership. In order to be Geosfair member, you will need Geosfair access data, consisting of a username, an e-mail address and a password. To establish your access data, you must register with Geosfair. Registration is free. Registrants must be at least 18 years old. In any case, the Geosfair member must be of unlimited legal capacity.

2.2 The contractual relationship for the use of Geosfair arises from the fact that the user of www.geosfair.com has registered and submitted to Geosfair the request to enter into a membership agreement. Geosfair accepts this request by sending a confirmation e-mail (welcome e-mail). The contractual relationship with Geosfair begins with the activation by Geosfair of the access data that you have specified.

2.3 When registering for the services of Geosfair you are obliged to provide, accurately and fully, your identity, address, bank details and other information that may be required. During your membership of Geosfair this information must be kept up to date. Changes to your address, bank account etc. must be submitted promptly to Geosfair.

2.4 Geosfair is entitled to send communications regarding the contract to you at the designated mailing address or e-mail address that you provided when registering.

2.5 Your Geosfair access data are not transferable to third parties. You may hold only one Geosfair membership. The use of Geosfair by third parties through your membership is prohibited.

2.6 Legal persons, partnerships, unincorporated associations and other associations of persons or companies may become Geosfair members. The registration of a company, organisation or other consortium is permitted only if the person registering has the required power of attorney to submit the registration for the company, the association or consortium. Otherwise, any such access that comes to the attention of Geosfair will be immediately blocked.

3. Geosfair access name

3.1 You can use your own name or choose any pseudonym as your Geosfair access name. However, you have no right to a specific Geosfair access name. If your chosen name is already in use by another member, you must choose another name. This does not apply if the Geosfair access name granted to a third party violates your rights.

3.2 The Geosfair access name you selected must not violate the law. In particular, it may not violate any rights of third parties, such as name or trademark rights. Furthermore, your Geosfair access name may not violate these Terms and Conditions, code of conduct or public morality.

3.3 You should ensure that the password you have chosen for your Geosfair access remains secret and is protected from unauthorised use. Never reveal your Geosfair password to third parties. Geosfair employees will never ask you for your password. If you discover or merely suspect that your Geosfair password has been compromised, please inform Geosfair right away and set a new password. In the event that your Geosfair access data are abused, Geosfair will be entitled to take the necessary measures to prevent damages to Geosfair. In particular, in the event of abuse by third parties Geosfair will be entitled to temporarily block or to terminate your access.

3.4 As the owner of your Geosfair access name you are responsible for all uses that occur under your Geosfair access name. You are liable in particular for the payment of any activation charges that the third party has due to your negligence incurred through the use of your access data. Should a co-user be established with the consent of Geosfair, you will be responsible for their use of Geosfair services. Furthermore, you release Geosfair from all damage claims arising from the fact that you have culpably violated your obligations under the foregoing provisions. You retain the right to provide evidence that Geosfair suffered no or only minor damage owing to a breach of your obligations. Geosfair’s obligation to contribute to mitigation remains unaffected.

4. Use of Geosfair

4.1 You accept the obligation to Geosfair to make lawful use of the service and to comply with the rules of conduct. You accept the obligation not to exploit Geosfair in any manner and for any purposes that violate the rights of Geosfair or those of third parties or that are in breach of legality or public morality. In particular, the dissemination of racist and pornographic content, content that glorifies or trivialises violence, and immoral content, is prohibited. Also prohibited is the dissemination of content that vitiates or threatens the development or education of children or young people or that degrades human dignity or violates the interests of other parties protected by the German Criminal Code.

4.2 Distributing unsolicited bulk mail (spam e-mails, junk e-mails) via Geosfair is prohibited. The sending of e-mails to members for promotional purposes by third parties is allowed only with the explicit prior consent of users and requires the prior written consent of Geosfair.

4.3 In the event of culpable violations, by you or by third parties for whose use of your Geosfair access you are culpable, of obligations set forth in (1) and (2) , Geosfair will be entitled to take the steps necessary to terminate these violations. This may be limited to a simple reminder in event of minor violations or to the permanent exclusion from the use of Geosfair for serious infringements (termination for significant cause).

4.4 Geosfair will be entitled to block content that you have loaded in Geosfair if grounds exist for a reasonable suspicion that the rights of third parties are being violated by such content (e.g. trademarks, copyrights, privacy rights, etc.). The same will apply to violations of legal provisions, of these Terms and Conditions, or of the rules of conduct. Geosfair will be entitled to maintain the blocking of the content until the grounds for suspicion have been clarified.

4.5 Should any damages to Geosfair arise due to abuse by third parties of your Geosfair access data owing to your negligence, Geosfair may demand from you compensation for the damages. You retain the right to provide evidence that the damages suffered by Geosfair were non-existent or less than those alleged by Geosfair. Geosfair’s obligation to contribute to mitigation remains unaffected.

4.6 Geosfair will also be entitled to make your member profile searchable in a member search for features such as user names and other personal characteristics and personal profile information that you have made publicly available, unless you have explicitly excluded these in the privacy settings.

5. Billing / Payment methods

5.1 The costs for Geosfair services will be calculated on the basis of the agreed prices in the price list. Geosfair shall indicate to you any fee-based services in good time before you have access to them.

5.2 The prices reported in the price list are in euros, inclusive of VAT (where applicable).

Pricelist The price of a unit (one sqm) costs one Euro (VAT inclusive) on www.geosfair.com (property of Geosfair UG (haftungsbeschränkt)). 40 percent will go directly to the depository BlueBank and contribute to sponsor worldwide humantarian projects. (1 unit = 1 Euro = 1 Geo)
The Geo is an intern currency used within www.geosfair.com.
A 10 % commision fee is charged on the trade of units. The commission fee is directly deduct from the agreed selling price at the charge of the seller.

5.3 The registration fee for the use of Units is payable immediately on purchase of the Units. Invoicing will take place immediately upon, or shortly after, activation. The Units released to you will be allocated to you immediately.

5.4 Payment for the fee-based services from Geosfair can be made via the payment methods offered (such as PayPal, Click & Buy, credit card etc.). If you use a credit card, a Maestro card or your Click & Buy account for payment for billable services, Geosfair will be entitled, with regard to purchases of Units starting from a total price of 1,000.00 euros, to obtain, before the allocation of the Units, an interim promise of payment from the company issuing the credit card or Maestro card or from Clickandbuy International Ltd., London.

5.5 If you fail for reasons for which you are responsible to meet significant payment obligations (more than €1,000) to Geosfair, despite confirmation of the existence of the obligation and maturity date and after the sending of two reminders, Geosfair will be entitled to deny you access to Geosfair until Geosfair’s claims are balanced. Geosfair will unblock your account immediately upon posting of the payment in arrears. A blocking of your access to Geosfair does not relieve you of your obligation to pay current sums owed to Geosfair. The right to termination without notice remains unaffected.

5.6 The costs to Geosfair for return debit notes are to be reimbursed by you, if the return debit note, despite existing and overdue payment obligations on your part to Geosfair, is due to reasons for which you are responsible.

5.7 Geosfair can send you an invoice on request. Any objections to the payable amount in the bill of charges must be raised by you within six weeks of receipt of the invoice. If you raise no objections during this period, the bill is considered accepted. Geosfair will make prominent reference to this consequence in its printed or graphic materials.

6. Designation of the NGO

6.1 Geosfair shall donate 40 percent of gross revenues received from the Geosfair service to, for example, non-governmental organisations (NGO) for intended use in specific named projects.

6.2 The decision as to which projects shall be funded is a matter for Geosfair members as a whole. For this purpose the Geosfair members will always have the possibility of voting for individual projects put forward by Geosfair, in cooperation with the NGOs, within a time period specified by Geosfair. The projects for which the majority of the members have voted will obtain from Geosfair the amount of money previously awarded as a donation.

6.3 The determination of the amount of donations for specific projects lies within the sole discretion of Geosfair.

7. Liability

7.1 Geosfair shall strive to avoid constraints, impediments, disconnections or restrictions on the use of Geosfair, if technically possible. A complete exclusion of technically-determined temporary restrictions is not technically possible under the current state of communications technology. For restrictions for which Geosfair is responsible, liability is governed by the rules in sections 7.4 and 7.5.

7.2 Geosfair will be entitled to suspend use for not more than eight hours per month for the purpose of maintenance or further development, insofar as this is required for proper or improved operation. Geosfair shall inform users of disruptions as early as possible, and in the event of foreseeable maintenance at least 24 hours in advance.

7.3 Geosfair will not be liable for non-continuous connection of transmission lines of third parties, such as telecommunications or Internet providers.

7.4 In all other cases the liability of Geosfair for itself, its legal representatives and its agents will be determined in accordance with the following rules:

a) Geosfair will have unlimited liability for any damages caused intentionally or through gross negligence. Similarly, Geosfair will be liable for damages resulting from culpable fatality, bodily injury or impairment of health.

b) If the conditions under a) are not satisfied, Geosfair will be liable – on whatever legal grounds – only if a fundamental contractual obligation (cardinal obligation) has been breached. In these cases, the liability of Geosfair will be limited to typical foreseeable damages. Cardinal obligations are those obligations that enable the orderly fulfilment of the contract and on compliance with which the contractual partner may rely. They are therefore obligations of which violations would endanger the contractual purpose.

c) The foregoing limitations of liability do not apply to claims under product liability law or to a failure to meet the guaranteed quality of goods and guaranteed nature of services to be provided by Geosfair. If the liability is excluded or limited, this also applies to the personal liability of the legal representatives, officers and other agents of Geosfair.

7.5 In addition, the liability of Geosfair in cases of minor negligence – for whatever legal reason, including breach of contract and tort claims – is excluded.

8. Duration of contract and termination

8.1 The contract signed with Geosfair is for an indefinite period. It can be terminated by you at any time with a notice period of one day.

8.2 The notice must be submitted in writing (e.g. letter, e-mail or fax).

8.3 The option of termination without notice by you or by Geosfair for significant cause remains unaffected. Good cause for immediate termination will, for Geosfair in particular, be deemed to apply when, despite having been issued with a warning with a deadline, you should persist in violating these Terms and Conditions, the rules of conduct or applicable international and German law. Geosfair can then no longer be reasonably expected to adhere to the Contract.

8.4 If Geosfair has terminated for cause, re-registration will be possible only with the express prior consent (approval) of Geosfair.

8.5 If you have terminated the contract concluded with Geosfair, you forfeit the rights granted to use the Units acquired by you during your membership. Geosfair will be entitled to reallocate the released Units to other members following the termination of your membership. The content posted by you to Geosfair will be deleted after termination of your membership.

9. Changes to these Terms and Conditions

9.1 Alterations to these Terms and Conditions will be announced in written form. Geosfair can also submit the changes electronically, if the method of transmission to you allows you to save or print the changes in legible form.

9.2 The changes will be considered to have been approved if you raise no objections in writing or other text form (e.g. by e-mail). Geosfair shall notify you of this consequence in particular in the announcement of changes to the Terms and Conditions. If you wish to object to the change in the Terms and Conditions, such objection must be made within six weeks of receiving notice of the change.

9.3 The provisions in the above Clauses 9.2 and 9.3 do not apply to changes in our fundamental obligations. Fundamental obligations include the obligation of Geosfair to assign you the Units purchased, as well as your obligation to pay the agreed sum for all Units purchased.

10. Choice of law

The legal relationships existing between you and Geosfair will be governed by German law.

11. Jurisdiction

If you are a merchant in the sense of § 32 of the Code of Civil Procedure (CCP), the court of jurisdiction for all disputes arising from the contract concluded with Geosfair, including tort claims, will be Berlin. All other cases will be governed by the legally stipulated court of jurisdiction.

12. Miscellaneous

12.1 Your contractual partner is
Geosfair UG (limited liability)
Turmstrasse 39, 10551 Berlin, Germany

Headquarters and registration office: Berlin HRB 130175 B
Managing Director: Michel Yambrovitch

Tax identification number: DE274057952

Data privacy inquiries should be directed to:

datenschutz@geosfair.com

Customer Service:
service@geosfair.com

12.2 Right of withdrawal

If you are a consumer, you can cancel your contract in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. The time limit begins after receipt of this notification in writing, but not prior to the conclusion of the contract and also not before the fulfilment of our obligations to inform under Article 246 § 2 in conjunction with § 1 Sections 1 and 2 of the EGBGB or the fulfilment of our obligations under § 312e paragraph 1 sentence 1 of the BGB in conjunction with Article 246 § 3 of the EGBGB. Timely submission of the notice of cancellation will be deemed sufficient compliance with the revocation period. The notice of cancellation must be sent to:

Geosfair UG (limited liability)
Turmstrasse 39
10551 Berlin
E-mail: widerruf@geosfair.com

Consequences of cancellation

In the case of an effective cancellation compensation must be provided for the mutually received benefits and any benefits accrued (e.g. interest). If you are able to return the received performance in whole or in part only in a deteriorated condition, you must pay us compensation for the loss in value. This may mean that you remain obligated to fulfil the contractual payment obligations for the period prior to revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation and for us with the receipt thereof.

Your Geosfair UG (limited liability).

As of: February 2011