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GENERAL TERMS AND CONDITIONS OF SOLARSENTRY

1. Scope and contractual partners; Contract language

  1. These General Terms and Conditions (GTC) apply to the agreement between you (hereinafter: Customer) and us, SolarSentry s.r.o., Cimburkova 916/8, Žižkov, 13000 Prag 3, Czech Republic, v.d.d. GF’in Petra Samoiski-Tierney (hereinafter: SolarSentry s.r.o. or provider), contracts for participation in the “Car Voucher Program” concluded via our website. These General Terms and Conditions apply exclusively to consumers, as conclusion of a contract is only possible for consumers; The customer is a consumer unless the purpose of concluding the contract can be predominantly attributed to his commercial or independent professional activity.

  2. SolarSentry s.r.o., is an innovative service provider that brokers products or services and completely handles the purchase in the name and on behalf of the customer. SolarSentry s.r.o. can also offer its own products and services. SolarSentry operates on online websites under the domain www.globalcarpro.com where prospects can register for the provided service and upload their vouchers.

  3. A contract can only be concluded with people who are at least 18 years old and have full legal capacity.

  4. The language available for concluding the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text takes precedence.

 

2. Subject of the “Car Voucher Program”; Use of vouchers; paid agency agreement; no right to carry out the car purchase or handover and transfer of ownership of the car

  1. SolarSentry s.r.o., Praha, Czech Republic, email: support@hotmail.com (hereinafter – “SolarSentry”), is an innovative service provider that brokers products or services and completely handles the purchase in the name and on behalf of the customer. SolarSentry s.r.o. can also offer its own products and services. SolarSentry operates online under the domain www.globalcarpro.com, where prospective customers can register for the services provided and upload their vouchers.

  2. SolarSentry is contracted by the provider of the car vouchers to act as the exclusive online platform for the redemption of Ultimastore vouchers for cars or other vehicles specified on the vouchers. Subject to these terms and conditions, the holder of car vouchers has the opportunity to order the purchase of a car in his name.

  3. SolarSentry is only responsible for the process of purchase on behalf of the customer. To facilitate this process, the customer must provide their agreement by filling out and signing an order and authority form. Additionally, they must include a description of the desired car and a Car Voucher of corresponding value. Upon issuing an order and power of attorney, as well as the handover of vouchers, the company, SolarSentry s.r.o, will engage with the car trader and prepare a purchase contract for a vehicle of the customer's choice on their behalf. The authority granted becomes invalid as soon as the product, in this case the car, is in the possession of the customer.

  4. SolarSentry will confirm your order after approval, and you will receive an email with the next steps to be made. Upon pressing the binding order button, e.g. Confirm and Send” you declare in a binding manner that you intend to conclude a contract for our chargeable service chosen by you. The contractual relationship then is established upon email confirmation of the order by SolarSentry.

  5. When executing the car purchase on behalf of the customer, it constitutes a fee-based agency service, for which the customer is required to pay the compensation specified on the provider's website. By law, the customer is entitled to a right of withdrawal (see cancellation policy in § 3a); the provider will commence the execution of the agency service only after the 14-day withdrawal period has expired.

  6. SolarSentry is only responsible for the payment of the car within the amount of the vouchers.  SolarSentry s.r.o. will use the vouchers as a means of payment towards the purchase price to the car seller by exchanging the voucher into EUR. A sales conclusion and payment of the purchase price to the dealer will only take place after the complete redemption of the voucher with the provider and the exchange of USDT into the corresponding local currency. Payment will be made exclusively to the vehicle dealer and not to the customer.

  7. SolarSentry will charge in total a 7% fee for their service calculated on the voucher price. The fee of 7% is a combination of 4% handling fee for the service of SolarSentry plus 3% exchange fee that must be paid by SolarSentry for the exchange of the USDT payment from MaxiTech LLC  and the following money transfer to the dealer.

  8. Refund of left over or vouchers. To inform you about the refund policy please go to the website where you have bought the vouchers. SolarSentry will never pay any money back to the customer in case there is a money left over nor will they pay you money for vouchers.

  9. The customer expressly has no claim against Maxi Tech LLC and/or its affiliated company SolarSentry s.r.o. to conclude a purchase contract for the car chosen by the customer or to hand over and transfer ownership of the chosen car. Rather, Maxi Tech LLC or SolarSentry s.r.o. only the conclusion of a purchase contract in the name and on behalf of the customer on behalf of the customer using the voucher as a means of payment as part of a business transaction.

 

3. Registration on the SolarSentry website; Technical steps up to the conclusion of the contract; Handling of account data; Rejection of Registration

  1. You must register on the website in a first step before being able to use the services of SolarSentry. Registration is free of charge. The data and technical actions required for registration or for the later completion of the registration must be disclosed in full and truthfully.

  2. During the registration process you must give us your email address, your full Name, phone number and Ultima business Partner ID number. Upon confirming the tick box you agree that SolarSentry is using your data in the necessary way to process your vehicle order. SolarSentry will never use your data for any other purposes rather than processing the agreed order. Your data will be treated confidentially and will only be archived as long as necessary for the mentioned purpose. Before “confirm and send” of your data you finally agree with the general terms and conditions of the provider and with the correctness of your data. The contractual relationship in this regard is established upon email confirmation of the registration by SolarSentry, which also includes further instructions.

  3. SolarSentry reserves the right to request verification of identity and proof that you are legitimated to redeem the vouchers.  You are fully responsible for the legality and accuracy of the data disclosed upon registration.

  4. Wrong information provided with intent and/or fraudulent intent may result in consequences under civil law. SolarSentry in this case furthermore reserves the right to inform the seller of the car vouchers about this issue.

  5. SolarSentry reserves the right to reject applications at its own discretion and without stating reasons.

4. Customer’s obligations

  1. You are prohibited from infringing upon third party rights, harassing third parties, violating applicable law or common decency while using the service offer SolarSentry. You are in particular obligated to refrain from the following: · Disseminating statements with offensive, harassing, violent, violence glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise offensive or prohibited content;  · Insulting, harassing, threatening, scaring, slandering, embarrassing other customers, employees, or distribution partners of SolarSentry; ·  Disseminating untrue statements regarding race, religion, gender, sexual orientation, origin, social status of other customers, employees, or distribution partners of SolarSentry; · Data piracy, forwarding, or distributing confidential information of SolarSentry; · Disseminating untrue allegations about SolarSentry; · Pretending to be an employee of SolarSentry or an affiliated company or partner of SolarSentry; · Using legally protected images, photos, graphics, videos, compositions, sounds, texts, logos, titles, designations, software, or other content and symbols without the consent of the owner or owners of the rights or authorization on the basis of a contract, law, or legal regulation; · Distributing statements with advertising, religious, or political content; · Using prohibited or illegal content; · Exploiting errors in programming (so-called bugs); · Taking measures that may result in undue burden on the servers and/or may significantly affect the process for other customers; · Hacking or cracking as well as promoting or instigating hacking or cracking; · Distributing counterfeit software as well as promoting or instigating the distribution of counterfeit software; · Uploading files containing viruses, trojans, worms, or corrupted data; · Using or distributing auto software programs, macro software programs or other cheat utility software programs; · Modifying the service or parts thereof; · Using software that allows so-called data mining or intercepts or collects information associated with the service in any other way; 4 · Interrupting transmissions from and to the service servers and website servers; and/or · Penetrating the service servers, data servers, or website servers.

  2. SolarSentry refers to its domiciliary right regarding the use of its Internet offer and expressly reserves the right to immediate extraordinary termination of the user agreement insofar as one of the obligations regulated in (1) is violated or applicable law regarding use is violated.

 

5. Termination of the Agreement

  1. SolarSentry upon existence of good cause giving rise to immediate extraordinary termination is authorized without prior warning to terminate the user agreement at any time without notice, whereby the termination may also affect contracts regarding the vehicle purchase. Good cause in terms of sentence 1 is: · Particularly serious infringement of the GTC, · Fraudulent or other particularly serious unlawful activities in the use of the offer of SolarSentry, · Transmission of wrong or misleading information to SolarSentry, · Fraudulent, illegal, or otherwise abusive use of offers of SolarSentry, · Causing damage and otherwise damaging SolarSentry or other customers or distribution partners of SolarSentry.

  2. You are authorized to terminate your user agreement at any time; transmission of proper termination by email to support@globalcar.com suffices for valid receipt of the termination and your data will be deleted in the SolarSentry data base.

 

6. Server availability

The SolarSentry service is operational 24 hours, 7 days a week, with an annual average availability of 90%. Excluded here from are downtimes caused by maintenance and software updates as well as periods during which the service cannot be reached on the Internet due to technical or other problems that are not within the scope of responsibility of SolarSentry (force majeure, fault of third parties, etc.). In order to be able to use the SolarSentry service to the full extent, you must use the respective most updated (browser) technologies or enable their use on your computer (e.g. activating JavaScript, cookies, pop-ups).

 

7. Limitation of Liability

  1. SolarSentry cannot be held liable for wrong information in your application. From this follows that SolarSentry does not accept any liability for the accuracy of this information and your content saved at SolarSentry constitutes third-party information unrelated to SolarSentry within the meaning of applicable law.

  2. SolarSentry is not liable for damages arising from the installation and/or use of the data files from the download area insofar as this is legally permissible. Despite up-to-date virus scan, liability for damages and impairment by computer viruses is excluded within the scope of statutory provisions.

  3. SolarSentry is furthermore not liable for defects in the quality of access to the service based on force majeure or based on events that are not within the scope of responsibility of SolarSentry. SolarSentry is furthermore not liable for third parties gaining knowledge of your personal data without authorization (e.g. by unauthorized access of hackers to the database).

  4. Moreover, SolarSentry is liable for damages excluding damages to life and limb only insofar as such are based on wilful or grossly negligent conduct or culpable infringement of an essential contractual obligation (e.g. delivery to the customer) by SolarSentry, its employees, or vicarious agents. This also applies to damages arising from the violation of obligations in contractual negotiations as well as the execution of tortious acts. Any further liability for compensation of damages is excluded.

  5. With the exception of the violation of life and limb or wilful or grossly negligent conduct of SolarSentry, its employees or vicarious agents, liability is limited to damages typically foreseeable upon conclusion of the contract and for the rest limited to the amount of average damages typical for this type of contract. This also applies to indirect damages, in particular lost profit.

  6. SolarSentry is not liable for damages of any kind arising because of data losses on computer servers, with the exception of grossly negligent or intentional misconduct of SolarSentry, its employees, or vicarious agents. Your stored content constitutes thirdparty information for SolarSentry.

  7. SolarSentry is not responsible for third party content available through links. If SolarSentry finds or is informed that a linked offer features unlawful content, this link will be deleted.

 

8. Data protection

SolarSentry collects and uses the data voluntarily transmitted by you only within the scope of statutory provisions. The detailed provisions regarding data protection are available in our Privacy Policy.

 

9. Miscellaneous

(a) Trademark and copyright

  1. In the relationship with you, SolarSentry is the sole holder of all rights regarding reproduction, distribution, processing, and all copyrights as well as the sole holder of the right to nonphysical transfer and production of the SolarSentry website as well as the contents contained therein, of other developed services, and protective rights. The use of all rights and the contents, materials, as well as brand and trademarks contained therein (e.g. the designation SolarSentry and the associated logo) is permitted exclusively for the purposes listed in these GTC. The use without express authorization by SolarSentry represents a violation of these GTC and may result in a blocking or deletion of your profile including all services.

  2. You retain all rights to the content uploaded by you and bear sole responsibility. Regarding this content, SolarSentry receives only the rights necessary in connection with the given order and authority form and use of the content on the SolarSentry platform.

  3. Infringements of the copyright, trademark, and other ancillary copyrights are pursued by SolarSentry reserves the right to delete or deactivate, at its own discretion, any content for which a corresponding violation was reported.

(b) Prices and fees

  1. Registration and creation of a data file at SolarSentry is free of charge. SolarSentry is only charging for their service which includes 4 % of the total vouchers value for handling service to process the purchase of the ordered vehicle and exchange fees for all necessary transfers in fiat or cryptocurrencies. The exchange fee is 3% of the amount calculated on the amount that will be transferred. In case of cancellation or refund SolarSentry will charge an extra fee that will be calculated separately depending on the circumstances and efforts for the refund.   

  2. Prices and fees are paid via the voucher system. You will be required to cover any payment processing fees and any costs associated with exchange rate conversion that are not covered by the vouchers you have uploaded on the globalcarpro.com website.

  3. If you submit or upload vouchers to globalcarpro.com, SolarSentry will only accept them if they are issued in your name. Vouchers to SolarSentry on your behalf by third parties are only possible in exceptional cases (prohibition of third-party payments). In individual cases, SolarSentry may approve vouchers from third parties; You are required to obtain approval from SolarSentry before submitting third party vouchers.

(c) Notifications and messages

Notifications from SolarSentry will only be sent to the email address you provided during registration. You are responsible for always keeping your contact information up to date.

(d) No Warranties/Change, Limitation of services of SolarSentry /transfer to third parties

  1. Your access to the website and the services of SolarSentry is at your own risk.

  2. SolarSentry is authorized to modify the website and services offered by SolarSentry free of charge without prior announcement or liability. 

  3. SolarSentry does not guarantee that within the scope of the competent jurisdiction under your national law it is legal for you to use the services of SolarSentry or to advertise such or to participate in any activities of SolarSentry; that access to the SolarSentry website is at any time faultless and interference-free, timely, or secure and that defects are rectified.

  4. SolarSentry reserves the right to transfer, assign, sublicense, or pledge, in whole or in part, its business, individual assets hereof or individual rights and obligations under this User Agreement to third parties without prior notice, provided that the third party also complies with applicable contract and other laws.

(e) Withdrawal

All Users hereby expressly and voluntarily agree that the execution of the contracts with SolarSentry (purchase of chargeable services, sale of services and receipt of commissions) will begin immediately and thus before the end of the cancellation period. All users have taken note of and have expressly agree that the voluntary right of withdrawal expires prematurely because of this immediate start of the execution of the contractual partner.

 

10. Subject to change; Applicable law and jurisdiction; severability clause

  1. SolarSentry is entitled to change this contract at any time. SolarSentry will announce changes via e-mail with a notice period of six weeks before the change comes into force, specifying the future change of the contract. The User has the right to object to the amendment or to terminate the contract in text form without notice as of the effective date of the amendment. In case of objection SolarSentry is entitled to terminate the contract properly. If the User does not terminate the contract or does not object to the change until the change comes into effect, the changes will come into effect from the date stated in the change notice. SolarSentry is obliged to inform the User about the meaning of his/her silence in the notice of change.

  2. For all disputes arising in connection with initiation, performance or settlement of the contract of use between SolarSentry and the user, the laws at the registered office of SolarSentry shall apply exclusively, unless mandatory consumer protection regulations of the country of the user's habitual residence have priority. The application of the UN Convention on Contracts for the International Sale of Products is excluded.

  3. SolarSentry is neither willing nor required to participate in dispute resolution proceedings before any consumer mediation body.

  4. Place of jurisdiction and performance shall be the SolarSentry ’s registered office if the user is a merchant, a legal entity under public law or a special fund under public law.

  5. If individual provisions of the present General Terms of Use are or become invalid or unenforceable, this shall not affect the validity of the General Terms of Use and/or the contract of use. The invalid or unenforceable provision shall be replaced with such valid and enforceable provision, which in terms of its effects comes nearest to the economic objective intended by the Contracting Parties with the invalid or respectively, unenforceable provision.

General Terms and Conditions status: February the 14th, 2024

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