GOFINTECH Terms of Use
Version effective as of 1. February 2024
1. Declaration of consent
GOFINTECH Ltd, Gotthardstrasse 3, CH-6300 Zug ("GOFINTECH") is a member of the VQF, a Swiss-based Self-Regulatory Organisation (SRO) under the supervision of the Swiss Financial Market Supervisory Authority (FINMA). This membership allows GOFINTECH to act as a financial intermediary offering services (“Services”) related to digital assets issued and transferable on a distributed computer network and/or blockchain (a "Distributed Ledger"), including cryptocurrencies, tokens and other types of cryptographic assets, excluding securities or other financial instruments (the "Digital Assets").
GOFINTECH offers its Services primarily online (via www.gofintech.ch and its subpages, the "Website") and via mobile applications (the "App"). By entering data during registration via Website or App, you confirm that you have read and agreed to these terms of use and legal information. The electronic completion of the contract takes place by giving your consent via the App and fulfils the legal requirements for the written form. Please also read the additional legal notices, such as GOFINTECHs privacy policy (accessible via https://gofintech.ch/privacy-policy) including the cookie policy for tracking technologies used on the Website, and the Digital Assets risk disclosure available on GOFINTECHs website (the "Digital Assets Risk Disclosure").
GOFINTECH may change these terms of use and legal notices as well as all information on the Website and in the App at any time without prior notice. If you do not agree with these terms of use, you will not be able to use GOFINTECHs Services and will be asked to leave the Website or cancel the registration process. GOFINTECH Ltd, Gotthardstrasse 3, CH-6300 Zug (“GOFINTECH”) is a member of the VQF, a Swiss-based Self-Regulatory Organisation (SRO) under the supervision of the Swiss Financial Market Supervisory Authority (FINMA). This membership allows GOFINTECH to act as a financial intermediary offering services ("Services") related to digital assets issued and transferable on a distributed computer network and/or blockchain (a "Distributed Ledger"), including cryptocurrencies, tokens and other types of cryptographic assets, excluding securities or other financial instruments (the "Digital Assets").
2. Scope
The information on the Website and App is intended for individuals and legal persons resident or domiciled in Switzerland. Based solely on the access rights to the Website or the App, you are generally not yet authorised to use the various offers of GOFINTECH. A valid contract with GOFINTECH is only exists when the identification has been successfully completed and GOFINTECH has confirmed the opening of the client relationship. In addition to these terms of use and the applicable laws and regulations, the contractual relationship with you as a client also includes the pension or asset management mandate to be agreed separately online.
Persons who are subject to a legal system that prohibits access to the Website and App due to their nationality, place of residence or domicile or for other reasons are prohibited from accessing the Website or App. In addition, certain services and products described on the Website or in the App are subject to restrictions based, in particular, on residence, nationality or customer segmentation. It can therefore not be guaranteed that all services and products specified on the Website or in the App will be available to you.
3. No offer or advice
The information published via Website and App is for information and advertising purposes only. It does not constitute advice - whether legal, tax, economic or regulatory - or a recommendation or offer to buy or sell products or to engage in any other transactions or to conclude any legal transaction.
4. Transmission of data
When you use a GOFINTECH service or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of legally binding ways, such as via email, text messages or other communications on our Website or App. You agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we provide to you electronically do not require written form, unless mandatory applicable laws requires a different form of communication.
When data is transmitted via an open network that is accessible to everyone (e.g. Internet, SMS), the data may be transmitted across borders, even if the sender and recipient are located in Switzerland. Information sent via email, SMS etc. is usually transmitted unencrypted. Therefore, such information is not protected by Swiss law. Even with encrypted transmission, the sender and recipient may be identifiable. It may therefore be possible for third parties (e.g. the internet provider) to infer a client relationship. In addition, there is a risk of manipulation and misuse with electronic data transmission.
5. Outsourcing and data protection
GOFINTECH may outsource certain Services and/or operations, in full or in part, to affiliates or third parties within Switzerland or outside of Switzerland (“Service Provider”) that regularly require the transfer of data related to the business relationship with the Client, including data identifying or allowing to identify the Client (“Client Data”), as well as other data to the Service Provider, which may further outsource or subdelegate certain operations and services.
As part of the account opening process, you will be asked to provide your personal details, in particular your surname and first name as per the identification document, date of birth, nationality, address(es) and telephone number(s), or to enter them in the relevant fields in order to ensure proper identification. The information you provide must be correct and complete at all times.
Online identification is carried out by fidentity Ltd. which acts as a Swiss domiciled Service Provider on behalf of GOFINTECH. Each Service Provider is obliged to process data exclusively for the purpose and within the scope of the opening process described here and is subject to the same obligations regarding data protection, data security and confidentiality as GOFINTECH itself.
GOFINTECH is subject to the statutory or regulatory information and reporting obligations. Third parties may obtain knowledge of Client Data to the extent necessary to fulfil their tasks. In particular, GOFINTECH is authorised, at its own discretion (e.g. to check suspicious circumstances), to block access to the App for an indefinite period of time or to cancel ongoing identification processes if, at its discretion, proper implementation, or compliance with these terms of use is no longer guaranteed. You also acknowledge that GOFINTECH may be obliged by law to provide information to authorised third parties or authorities, even if no customer relationship is established.
6. Limitation of warranty and liability regarding website and app contents
GOFINTECH applies the appropriate professional care when compiling the information on the Website or in the App. The information provided via the Website or App is regularly updated and checked for accuracy. However, GOFINTECH assumes no liability for the topicality, correctness, accuracy or completeness of all information on the Website and in the App. GOFINTECH reserves the right to update, change or delete information at any time without prior notice. The opinions and assessments expressed on the Website and in the App reflect the view of GOFINTECH at the time of publication and do not constitute legal, tax or other advice of a general or specific nature.
The information on the Website or in the App is provided "as is" and "as available". GOFINTECH excludes any guarantee that access to the Website or individual functions on the Website or App will be trouble-free and uninterrupted at all times, that errors will be rectified or that no viruses or other harmful components will be transmitted when using the Website or App.
GOFINTECH shall not be liable for the topicality, correctness, accuracy or completeness of the information on the Website or in the App. To the extent permitted by law, GOFINTECH excludes all liability for direct and/or indirect damage and loss of profit resulting from the use of or access to the information on the Website and App, or from links to third-party websites, or from the impossibility of use or access. This exclusion of liability also applies to all damages that are attributable to third parties manipulating the Website or the App. GOFINTECH also accepts no liability for any manipulation of your IT by third parties or for any communication errors.
7. Intellectual property rights
All information on the Website and in the App is protected by intellectual property rights and belongs to GOFINTECH or third parties. The information is freely available for private use only. No part or information of the Website or the App is designed in such a way as to grant a license or right to use a registered trademark, logo, image or other content protected by intellectual property rights. Without the written consent of GOFINTECH, it is prohibited to systematically retrieve content from the Website or App in order to compile a collection, database or directory directly or indirectly.
GOFINTECH reserves all intellectual property rights in respect of all information on the Website and the App and will fully utilise all possibilities to enforce its rights.
8. Third party content and links
The Website may contain third-party content or links to third-party websites. Links on the Website to third-party websites are provided for information purposes and for user-friendliness. These third-party websites are completely beyond the control of GOFINTECH, which is why GOFINTECH does not assume any warranty or responsibility for the accuracy, quality, completeness and legality of the content or availability of the websites or for any offers and services contained therein. GOFINTECH cannot be held liable for this, and the operator of the accessed websites remains responsible. You establish the links to these websites at your own risk.
9. Fees
Online identification is free of charge. GOFINTECH reserves the right to introduce fees for the use of the opening process at any time or, if such fees already exist, to change existing fees, details of which are stipulated in the current fee schedule published on the Website, the App, or agreed upon separately in writing.
10. Applicable law and jurisdiction
The use of the Website, the App (including the opening process) and these terms of use are exclusively governed by Swiss law.
The place of performance and exclusive place of jurisdiction for any and all disputes in connection with the Website, the App (including the opening process) and these terms of use is Zug, Switzerland. However, GOFINTECH reserves the right to take legal action against its users in the courts of competent jurisdiction of the users place of residence or any other competent authority, Swiss law remaining exclusively applicable.