Make-it GmbH is a company incorporated under Swiss law with its registered office in Bouchs NW, Switzerland. Make-it GmbH is a Swiss financial intermediary focusing on crypto-assets. Make-it GmbH is subject to the rules of the Swiss self-regulatory organisation „VQF“ (The Financial Services Standards Association). The following terms and conditions govern the rights and obligations between the client and Make-it GmbH.
„Clients“ are both legal entities (legal entities, foundations, associations, etc.) and private individuals who use and/or intend to use Make-it GmbH services.
Customers should read this document carefully. Make-it GmbH reserves the right to change these conditions at any time. Any changes will be published through the various media channels of Make-it GmbH. This version of the conditions is valid from 1. December 2018.
- Scope of application
1.1 These Terms and Conditions apply to and between the Customer and Make-it GmbH.
1.2 The Customer must read, understand and accept the Terms and Conditions before using the services offered by Make-it GmbH.
1.3 The conditions are considered as read, understood and accepted by the customer if the customer decides to use one of the following possibilities to use the services of Make-it GmbH.
2.1 All customers must be properly verified before using the service offered by Make-it GmbH.
2.2 The KYC is prescribed by Make-it GmbH. The scope of the process may, depending on the type of customer, usually be changed or supplemented due to internal risk policies or changes in the legal framework. This also applies to market conditions or other circumstances relevant to Make-it GmbH for the assessment of the customer.
2.3 The customer must provide Make-it GmbH with all documents and/or information requested by Make-it GmbH. Make-it GmbH is obliged to return to the customer all documents and/or information it receives within the framework of the KYC.
2.4 Make-it GmbH reserves the right to unilaterally accept or reject a potential customer in accordance with its internal rules. Make-it GmbH is not obliged to justify its decision.
2.5 Make-it GmbH is entitled to request additional documentation or information at any time for successfully integrated customers. If a customer does not provide the additional requested documentation and/or information, Make-it GmbH will have the right to refuse the customer.
2.6 In addition, if the documentation and/or information has changed at the first KYC process by Make-it GmbH, the Customer shall immediately provide Make-it GmbH with the additional documentation and/or information. Additional documentation and/or information includes in particular, but is not limited to:
- a) For private persons customers: Change of citizenship and change of address/domicile.
- b) For corporate clients: Liquidation, change of control, change of domicile and change of domicile of the company, the authorised person.
2.7 The Customer will be notified by Make-it GmbH if it has either been successfully verified, additional documentation and/or information has been requested, or the Customer has been rejected.
2.8 Make-it GmbH is not obliged to take a customer on board within a certain period of time. Therefore, under no circumstances will Make-it GmbH be liable for any loss and/or unrealised gain of a Customer due to incomplete and/or refused integration.
2.9 The Customer accepts that information sent to the contact details provided to Make-it GmbH will be deemed to be correct. This includes both the e-mail address and the physical address.
- Access to the website and services of Make-it GmbH
3.1 Physical connection to the Make-it GmbH website: The customer is responsible, at his own cost and expense, for providing all the equipment necessary to access the Internet and the Make-it GmbH website.
3.2 Availability of the website: The aim of Make-it GmbH is to make the Make-it GmbH website available 24 hours a day, seven (7) days a week. The Make-it GmbH website may be unavailable from time to time for any reason, including routine maintenance. The Customer understands and acknowledges that these circumstances are within and outside the control of Make-it GmbH. Access to the Make-it GmbH website may be interrupted, suspended or terminated from time to time. Customer agrees that Make-it GmbH shall not be liable for any damages resulting from such interruption, suspension or termination of Make-it GmbH website. The Customer shall establish contingency plans to accommodate such periodic interruptions to Make-it GmbH website.
- Risk assumption
4.1 The Customer is aware of the risks associated with the use of the Make-it GmbH Services.
4.2 Such risks may include, but are not limited to, the following:
a) Market risk;
b) liquidity risk;
c) concentration risk;
d) horizon risk;
(e) transaction risk;
(f) volatility risk;
(g) execution risk;
(h) operational risk;
(i) The highly speculative nature of crypto currencies as such;
j) The potential for a total loss or zero profit;
k) the unavailability of the exchange; and
l) The regulatory and legal risk of handling crypto currencies.
4.3 The customer acknowledges his personal liability for all potential losses resulting from an investment and that Make-it GmbH acts only on behalf of the customer and therefore Make-it GmbH is free of any liability and/or losses (execution-only).
4.4 Furthermore, the Customer is solely responsible for all legal risks associated with the use of the service offered by Make-it GmbH. In addition, the customer guarantees compliance with and action within all legal limits and within the respective jurisdiction on the business relationship, in particular tax law.
4.5 The customer assumes and releases Make-it GmbH from all risks and damages resulting from undiscovered transmission errors, misunderstandings, hacking or fraud due to instructions via e-mail, telegram or other electronic communication channel.
4.6 Past performance is no guarantee of current or future performance. The value of an investment may increase or decrease for several reasons. Fluctuations in exchange rates may also cause the value of the investments to rise or fall.
4.7 The Client is aware that Make-it GmbH is not a depositary.
- Exceptional market conditions
5.1 Make-it GmbH reserves the right to withdraw offers, not to submit offers. In particular but not limited to circumstances that lead to liquidity bottlenecks.
6.1 The contractual relationship between Make-it GmbH and the customer can be terminated at any time and for any reason by Make-it GmbH.
6.2 All provisions of the General Terms and Conditions relating to warranties, confidentiality obligations of the customer, industrial property rights, limitation of liability, compensation and payment obligations shall remain in force even after their termination or expiry.
7.1 The customer guarantees that he acts within the framework of the legal provisions applicable to the respective legal system and complies with them when using the services of Make-it GmbH.
7.2 It is the Customer’s responsibility to assess and comply with applicable tax regulations.
7.3 For private individuals; the client guarantees that he is the client only.
7.4 For corporate customers: the organisation and trade on behalf of the Customer, authorised to represent the Company, the Foundation, the Association and/or any other person in accordance with the forms provided during the KYC process, guarantees that only the authorised person is the user of the service offered by Make-it GmbH.
8.1 Make-it GmbH does not act as a broker for the customer, neither as an exchange nor as a market maker. Make-it GmbH is therefore entirely dependent on the access and function of exchanges and other market participants.
8.2 Therefore, Make-it GmbH shall not be liable to the Client for losses, damages, claims and/or losses due to circumstances beyond its control. Such situations include but are not limited to: Telecommunication difficulties, unavailability on the trading platform for any reason, shutdowns or other unavailability of exchanges for any reason, government intervention, power failure, Internet Service Provider failure, labor disputes, riots, fire, flood, storms, earthquakes, acts of terrorism, acts of war, government action or other events beyond the control of Make-it GmbH.
8.3 In any event, the aggregate liability of Make-it GmbH shall be limited for any reason and to any cause of action, including, without limitation, actions or omissions by Make-it GmbH or third parties and failure or unavailability of the services of Make it GmbH or any other of the associated services.
- Limitation of liability
9.1 To the extent permitted by law, Make-it GmbH assumes no liability for the risks associated with the provision of the service to the customer.
9.2 The Make-it GmbH limits its liability for assigned assistants. Make-it GmbH does not assume any liability for damages and/or losses.
9.3 Make-it GmbH is not liable for indirect and/or consequential damages, such as lost profits and/or third party claims.
9.4 Make-it GmbH offers its services with due diligence.
9.5 In any event, the aggregate liability of Make-it GmbH shall be limited for any reason and to any cause of action, including, without limitation, acts or omissions of Make-it GmbH or third parties and failure or unavailability of the Make-it GmbH services or any other related services.
- Customer data
10.1 If Make- it GmbH processes customer data, it takes appropriate measures to ensure data protection.
10.2 Make-it GmbH may be obliged to pass on customer data (in particular name, address) to third parties. By using the services of Make-it GmbH, the customer expressly authorizes Make-it GmbH to pass on the relevant data and all related information to third parties.
10.4 The customer accepts that Make-it GmbH may disclose customer data to fulfill regulatory or legal requests for information from authorities or to protect the legitimate interests of Make-it GmbH.
10.5 Make-it GmbH is entitled to purchase, store, combine and collect customer data for the purpose of creating customer profiles that can be used for marketing purposes.
11.1. Make-it GmbH does not offer any of its services to US persons (persons with sole or additional citizenship of the United States of America) and/or residents of the United States, even if they are resident outside the United States.
11.2 Customer must give Make-it GmbH at least thirty (30) days written notice of any future circumstances which may result in it being deemed to be a US Person.
- Relationship between customer and Make-it GmbH
12.1. Customer and Make-it GmbH are independent contractors, and no agency, partnership, joint venture, employer-employee or other similar relationship is intended or created by the acceptance by Customer of the terms and/or conditions and/or any further agreements.
13.1. Make-it GmbH reserves the right to outsource business areas and services to group companies or third parties. The customer accepts that his data can be processed and passed on to them. The customer further accepts that these parties may transfer their data to other outsourcing providers. All data provided will be treated confidentially by the data processors.
14.1. Make-it GmbH reserves the right to change the terms and conditions at any time.
14.2 You can always find the latest terms and conditions at www.makeit.capital.
- Applicable law
15.1. The conditions set out in this document shall be governed by and construed in accordance with Swiss law.
15.2 The place of arbitration shall be the court in Bouchs/NW.