General terms and conditions
of Cashare AG, Hünenberg
Version: 1.6 / 1 August 2018
I. GENERAL PROVISIONS
Introduction
- These general conditions of Cashare AG, Bösch 73, 6331 Hünenberg (hereinafter Cashare) govern the conditions of participation, as well as the rights and obligations of members (borrowers, investors) in connection with the services offered by Cashare.
- Cashare’s services include the granting and brokerage of loans and mortgages. Others are the provision of assistance and various services within the framework of the processing of loan contracts and transfer contracts concluded on the site www.cashare.ch (including all sub-domains).
A. Use and membership
- The use of Cashare’s services requires registration as a member. Registration is free by opening a user account, in accordance with these general conditions (GTC).
- The activation of a loan application requires the filing and prior review of various documents (see Sections I.B.5 and II.E.2).
- There is no right to register or use the services of Cashare; Cashare reserves the right to refuse registration without giving a reason, to exclude members or to no longer offer a service. Excluded members are prohibited from re-registering without Cashare’s prior written consent. Failure to comply with these regulations may result in (criminal) prosecution.
- Registration as a member is only open to companies registered in the commercial register and having their registered office in Switzerland or Lichtenstein as well as to natural persons with unlimited legal capacity, of legal age and having their registered office, residence and bank details. in Switzerland or Lichtenstein. Minors (i.e. people who have not yet reached the age of 18) as well as people residing outside Switzerland and Lichtenstein are excluded from using the website. Only one user account can be maintained per member; the user account is personal and non-transferable.
- When registering, the following information must be provided completely and truthfully:
- Company, name, first name
- Address (no PO box), place of residence
- Telephone number (no value-added service number) and
- valid email address
When registering, only natural persons or companies can be specified as the owner of the corresponding user account (i.e. no married couples, families or groups of any kind).
- Changes to the above information should be made immediately so that the information is complete and correct at all times.
- Entries which have not been fully completed will be deleted by Cashare after a reasonable period of time. The use of the www.cashare.ch platform and the corresponding services is only possible once the registration has been completed.
- The above and other information will only be made available to other members to the extent that they are parties to a successful loan agreement with the member concerned or the purchaser (investor) of a debt ( partial) loan. With regard to the processing and use of data, reference is made to the data protection declaration which is part of these general conditions.
- The captured texts and the videos uploaded as well as the images must not violate the rights of third parties – in particular the rights of films or brands -, be obscene or offensive or infringe good morals. Cashare declines all responsibility in this context.
- Cashare terminates the existing contractual relationship without notice and reserves the right to bring a civil action.
- The above and other information may be used by Cashare for internal group marketing and evaluations in the country and abroad. Members can revoke this authorization in writing at any time.
- During registration, a member name and password must be selected. The member’s name must not contain any reference to e-mail or Internet addresses and must not infringe, be obscene or offensive, the rights of third parties – in particular the rights of companies or brands. if not to offend morality. Cashare declines all responsibility in this context. The password must remain secret and cannot be made accessible to third parties. In the event of abuse, Cashare reserves the right to initiate legal proceedings.
- Cashare does not disclose the password to third parties and will never ask for the password or username by email or phone. Any request to this effect should be ignored and reported to Cashare.
- Cashare recommends that members activate two-factor authentication offered in their personal account as additional protection for their user account.
- Members cannot make their user account accessible to third parties and are fully responsible for all activities performed using their user account.
- Bulk sending of e-mails or other messages through the Cashare website, infection of the website with Trojans, worms or other viruses, disabling or bypassing the measures of security (hacking), the use of software or automatic update programs, which allow the complete download of information is not allowed. In the event of non-compliance, Cashare may block the user account of the member concerned and reserves the right to take further legal action. The addresses and other contact details of other persons, which are made available through the use of the Cashare services, may not be used for purposes outside the specific loan agreement.
- Cashare may temporarily restrict access or service on the www.cashare.ch platform at any time if this is necessary taking into account the security or integrity of the servers, capacity limits or for the implementation of measures. techniques. Members cannot claim any of these restrictions.
- Members can cancel their user account at any time by sending an email to Cashare info@cashare.ch, provided that
- the user account is closed, i.e. there is no balance in favor of Cashare
- All loans have been repaid in full
- no new loan request is activated
- The termination becomes valid and effective only after confirmation by Cashare; at the same time, the user account is blocked and all loan requests that have been submitted but not yet activated are deleted.
- Cashare also uses PayPal for payment transactions. All payment processes through PayPal are therefore subject to PayPal’s Acceptable Use Policy.
B. Fees
- Registration and account management are free.
- Third party fees, namely the postal charge for “yellow identification” of CHF 25 (twenty-five Swiss francs), official or notarial fees for authentication (Section II.B) as well as the fees of financial institutions for the transfer money, must be paid by members to pay and will not be taken back by Cashare
- The following fees are charged for actions during the processing of the successfully concluded loan agreement and / or assignment agreement:
- From the borrower:
- If a loan agreement is successfully concluded, the borrower will be charged a platform fee of 0.75% (1.50% for loans in fine) per year depending on the amount of the loan received and the duration ( for individuals at least CHF 75 (seventy-five Swiss francs; for SMEs at least CHF 500 (five hundred Swiss francs)));
- For CASHARE PROTECT default insurance, a monthly premium is charged to the borrower as a percentage of the loan maturity. The costs are indicated separately in the loan application, on the invoice and in the declaration of affiliation to the insurance and are calculated individually. It will be billed at the same time as the monthly payment;
- In the event of early repayment of the loan, an application fee of CHF 150 (one hundred and fifty Swiss francs) will be charged;
- Reminder costs: the first payment reminder is free. For the first reminder in the event of late payment: CHF 30 (thirty Swiss francs), for the second reminder in the event of late payment CHF 50 (fifty Swiss francs), for the third reminder and threat of prosecution CHF 75 (sixty ten -five Swiss francs);
- If a recovery event occurs, default interest will be charged in accordance with a separate loan agreement, as well as a processing fee for prejudicial and legal recovery actions of CHF 100 (one hundred Swiss francs) per working hour. External collection costs from collection companies, including collection costs and other official costs if not to offend morality. Cashare declines all responsibility in this context. The password must remain secret and cannot be made accessible to third parties. In the event of abuse, Cashare reserves the right to initiate legal proceedings.
- Cashare does not provide any advisory service and the information provided should not be interpreted in this way. The decision to submit an offer and to grant a corresponding loan is the sole responsibility of the respective investor.
- When using the “Auto-Invest” function, the system submits automated bids for the corresponding loan projects based on user-defined parameters. The decision as to whether an investor wishes to use this function is solely up to the respective investor. Offers made using the “Auto-Invest” function activated by the lender are binding and not revocable.
- From the investor:
- Upon successful conclusion of a loan agreement, a platform fee of 0.75% is charged by the lender on the outstanding loan amount over the entire term (according to the annuity method);
- For the custody of real estate collateral, an additional fee of 0.15% p.a. on the outstanding loan amount (according to the annuity method) will be charged separately to the investors over the entire term and deducted directly when forwarding the monthly instalment payment.
- For the preparation, processing or forwarding of the pre-legal collection request: CHF 0 (zero Swiss francs);
- For the preparation and forwarding of the legal collection request: At the request of the investor in the event of unsuccessful pre-legal collection, official fees will be charged to the investors on a pro rata basis in the event of non-success.
- From the borrower:
- For cash deposits at the post office counter or for rejections of Debit Direct or LSV debits, the costs will be charged to the member (minimum CHF 10 (ten Swiss francs)).
- The fees are due immediately and invoiced by means of separate invoices (except for the identification fee). Cashare reserves the right to change the fees at any time.
C. Sanctions
- If a Member violates the law, the rights of third parties or these T&Cs, or if there are indications thereof, or if Cashare has another legitimate interest, Cashare may
- Caution members;
- delete loan applications that have been posted;
- temporarily or permanently block a member's user account...;
- Cashare expressly reserves the right to take further legal action in such cases.
II. CREDIT PLATFORM
Introduction
- Cashare brings borrowers together with investors on its lending platform www.cashare.ch and enables the simple and uncomplicated conclusion and rapid processing of loan agreements.
- Members can use the lending platform www.cashare.ch either as borrowers or as investors by
- submit a loan application; or
- Submit bids on posted loan projects.
A. Important notice - Risks
- The attention of investors is drawn to the fact that the granting of loans may be associated with risks which may include the loss of the entire amount of the loan. Investors should therefore weigh up the associated risks before submitting a bid and consider in particular whether a total loss of the amount granted as a loan is economically bearable for them.
B. Identification
- In order to be able to use the credit platform www.cashare.ch as a borrower or lender, for legal reasons and to ensure the integrity of the credit platform, an identity check must be carried out in advance in addition to the registration (section I.A.1). The following identification procedure is used for this purpose:
- Identification fee: Transfer of the identification fee (CHF 5) from a personal bank or postal account (not counter deposit) to Cashare. In addition, a signed copy of the ID or passport must be sent to Cashare or uploaded to the protected user account.
- Yellow identification: The ID or passport is verified by a Swiss post office. The original document must be sent to Cashare;
- Official certification: The identity document or the extract from the commercial register is officially certified. The original document must be sent to Cashare.
C. User account (My Cashare)
- Each member has a user account on which the loan applications submitted by him/her and their status (remaining term / bids / successful / unsuccessful, etc.) are listed, as well as the bids that the respective member has submitted for a loan application.
- For each successfully concluded loan agreement, its key data (amount, interest, outstanding payments, etc.) are then noted.
- The user account can only be viewed by the respective member.
- When using the credit platform www.cashare.ch, the member must comply with the applicable laws and ensure that his or her details, loan applications, bids, etc. are lawful and do not infringe the rights of third parties.
- The borrower has made his or her user account and emails
- daily during an ongoing financing phase and for the first ten (10) days following the closing of the financing, and
- to be checked online once a week during the term of the concluded loan agreement.
D. Loan application
- Once identified, the member may request loans by completing the Application / Loan Request Form (login required) and submit it. Loan applications must be submitted in German, English or French and will be posted on the platform in German, English or French.
- The following information must be entered as part of this form:
- Information on monthly income (private individuals);
- Information on monthly expenditure (private individuals);
- Balance sheet and income statement for the last two years (SMEs);
- Desired loan amount;
- Term of the loan in whole months;
- maximum interest rate the borrower is willing to pay; and
- Intended use.
- A photo can be added optionally.
- When selecting the maximum interest rate, the statutory Maximum interest rate provisions to be observed (technical limitation).
- Lastly, the borrower has to determine the duration of the financing phase and submit the application for processing, review and posting.
- The Loan Application constitutes a binding offer to enter into a Loan Agreement with the best bidder(s).
E. Creditworthiness and credit assessment
- For this purpose, the Borrower shall, based on the relevant Checklist under "My Cashare (login required) to submit the following documents and information:
- Private individuals:
- Pay slip for the last 3 months;
- Copy of rental contract;
- Copy of health insurance bill;
- Information on personal circumstances (marital status, children, etc.)
- Copies of any other credit agreements
- Optional: Current extract from the debt collection register (not older than one week);
- Self-disclosure from ZEK/IKO (not for Cashare loans)
- Bank details;
- Optional: Information on collateral
- SMES:
- Balance sheet and income statement for the last two years
- Cash flow statement (optional)
- Copy of passport/ID of authorised signatories (individual or collective signature)
- Optional: Information on collateral
- Bank details
- Private individuals:
- The borrower then expressly authorises Cashare to obtain all information from third parties required to check and assess the creditworthiness. Cashare shall make the information and assessments obtained from third parties available to the other members on the credit platform www.cashare.ch.
- In the case of Cashare loans that fall under the Consumer Credit Act (KKG), the Borrower then expressly authorises Cashare to obtain all information necessary for the verification and assessment of creditworthiness from third parties (public and private bodies) as well as from the Consumer Credit Information Office (IKO) and the Central Office for Credit Information (ZEK) and to report the loan and the contractual relationship to the IKO and the ZEK. The borrower acknowledges that the ZEK and the IKO will inform their affiliated members of his obligations under the loan agreement upon request in the event of a new loan application.
- Based on the documents submitted under II.E above, the information provided and any information obtained from third parties, Cashare shall prepare a valuation of the relevant borrower.
- The Borrower expressly consents to the publication of the aforementioned ratings on the platform www.cashare.ch.
F. No advice, recommendation
- The valuation prepared by Cashare itself or with the help of third parties is purely indicative in nature and does not constitute a binding statement on the actual solvency of the borrower nor a recommendation to take out or grant a loan or to carry out any other transaction. The actual payment behaviour of the Borrower may be different; accordingly, Cashare accepts no liability for the valuation.
- Cashare does not provide advisory services and the information provided is not to be interpreted in that way. The decision whether to place a bid and accordingly whether to grant a loan is the sole responsibility of the relevant investor.
- Bei der Nutzung der „Auto-Invest“-Funktion gibt das System aufgrund der definierten Parameter durch den Nutzer automatisierte Gebote auf entsprechende Kreditprojekte ab. Der Entscheid, ob ein Anleger diese Funktion nutzen will, obliegt allein dem entsprechenden Anleger. Abgegebene Gebote mittels durch den Darlehensgeber aktivierter „Auto-Invest“-Funktion sind verbindlich und können nicht widerrufen werden.
G. Activation of the loan request
- After the successful completion of the creditworthiness and solvency check, i.e. provided that the documents and information are complete and correct, Cashare will activate (i) the loan application and (ii) the borrower’s assessment on the www.cashare.ch platform.
- The borrower is not entitled to the activation of his loan request and Cashare reserves the right to refuse the requests submitted without giving a reason and not to activate.
- Activated loan requests can only be withdrawn by the borrower as long as no offer has been submitted yet.
H. Funding phase
- If a loan request has been activated, the request can be viewed on the platform www.cashare.ch and members (investors) can submit their offers.
- The offer should state both an amount and an interest rate at which the investor is prepared to make the stated amount available to the borrower. The amount must be the minimum amount specified in the system or a multiple thereof. The minimum amount is determined by the amount of the loan requested and the number of bidders still possible (in accordance with legal provisions) and is currently calculated by the system. The interest rate cannot exceed the maximum interest rate defined by the borrower.
- The submission of an offer represents the firm acceptance of the offer to enter into a loan agreement or an assignment agreement and the investor is required to provide the amount corresponding to the specified interest rate. It is not possible to modify or withdraw an offer.
- Kreditprojektssystem: Das Gebot erlischt in dem Umfang automatisch, als ein gültiges besseres Gebot abgegeben wird, welches alleine oder zusammen mit anderen Geboten den ersuchten Darlehensbetrag dem Darlehensnehmer zu besseren Konditionen zur Verfügung stellt. Als besseres Gebot gilt jedes Gebot, welches einen beliebigen Geldbetrag zu einem tieferen Zinssatz anbietet bzw. das zeitlich frühere Gebot ist besser als das zeitlich später abgegebene Gebot.
EXAMPLE 1: Borrower A requests a loan of CHF 5,000 at a maximum interest rate of 10%. Investor B offers CHF 3,500 at 10%. Investor C offers CHF 2,000 at 10%. As a result, the offer of CHF 500 from investor C expires, since investor B is the first offer. nvestor D offers CHF 2,500 at 9%. Consequently, the offer of investor C expires in full for an amount of CHF 1,500 and the offer of investor B for an additional amount of CHF 1,000. Das Kreditprojekt läuft ab und der Darlehensnehmer A erhält wie gewünscht ein Darlehen über CHF 5‘000 wie folgt:– CHF 2,500 at 10% of B; - – CHF 2,500 at 9% D; and
– CHF 0 of C.
EXAMPLE 2: Borrower A requests a loan of CHF 5,000 with a maximum interest rate of 8%. Investor B offers CHF 2000 at 8%. Investor C also offers CHF 4000 at 8%. As a result, the offer of CHF 1000 from investor C expires. Investor D offers CHF 500 at 7%. As a result, C’s offer for an additional amount of CHF 500 expires. Das Kreditprojekt läuft ab und der Darlehensnehmer A erhält wie gewünscht ein Darlehen über CHF 5‘000 wie folgt:– CHF 500 from D at 7%;
– CHF 2,500 of C at 8%; and
– CHF 2,000 from B at 8%. - If an unforeseen system failure interrupts, disrupts or impedes the funding phase, the funding phase is automatically extended by the duration of the disruption, disruption or disability.
I. Completion of the funding phase
- A financing phase runs until the specified end (i.e. fixed by the borrower) of the financing phase or until the floor (minimum interest rate) is reached. until 100% of the financing is completed with a fixed interest rate.
- At the end of the financing phase, the contracts for the borrower and the highest bidder (s) are automatically concluded.
- In the case of Cashare loans, the loan agreement is sent to the borrower via a link in an email and the assignment agreement is sent to the relevant investor and is available for download as a PDF file in “My Cashare ”. The borrower receives a loan agreement with Cashare as the lender. Cashare sells the (partial) loan amount with an assignment agreement to the investor (s) with the winning bid.
- In the case of direct loan agreements between borrower and investor, the loan agreement is sent to the parties via a link in an email and is available for download as a PDF file in “My Cashare” (l The borrower receives a corresponding number if there are several investors Loan contracts (Each investor receives only his loan contract) and is concluded directly between the borrower and the investor (s).
- If there is at least one valid offer at the end of the funding phase, the funding phase is successfully completed and a corresponding loan agreement is concluded. This also applies if the offers do not include the full amount of the loan requested (in this case, the borrower can submit a single follow-up request (follow-up project) for a new loan and have it activated on the site www .cashare .ch).EXAMPLE : Borrower A requests a loan of CHF 5,000 at a maximum interest rate of 10%. Investor B offers CHF 3,000 at 10%. Investor C offers CHF 1000 at 10%. The new offer has no influence on the offer of B. The financing phase expires and borrower A receives a loan of CHF 4,000 as follows:– CHF 3,000 from B at 10%;
– CHF 1000 of C at 10%. For an amount of CHF 1000, borrower A has not received an offer, which is why he receives a loan of CHF 4,000 instead of CHF 5,000. For the missing CHF 1000, the borrower can submit a single connection request.
J. Treatment
- After successful financing, the investor receives an email from Cashare with payment information to pay the loan amount offered by him within five (5) days. Alternatively, a direct debit procedure can be set up for the direct collection of loan amounts and invoices. The money will not earn interest or invest until it is transferred to the borrower. If the transfer is not made or is not made on time, Cashare reserves the right to block the user account of the corresponding lender and to take legal action.
- Once the signed loan agreement is available and if no revocation has been made, Cashare AG transfers the loan amount to the borrower according to the value date shown on the loan agreement. If the borrower terminates the loan agreement or fails to send the signed agreement despite a reminder from Cashare, Cashare AG will immediately return the loan amount it has repaid to the investor. In such cases, Cashare reserves the right to temporarily or permanently block the borrower’s user account.
K. Payment in installments
- The borrower must pay the monthly installments (interest and amortization) on the respective due date using the payment information of Cashare AG, from where it is transmitted to the respective investor.
- Cashare stipulates that installment payments must be made electronically, for example via e-banking, and not via over-the-counter payments. Additional charges resulting from over-the-counter deposits are the responsibility of the borrower (Section 1.B.4).
- Cashare may stipulate the use of direct debit (Debit Direct and LSV) for the processing of installment payments.
L. Right of withdrawal
- The borrower may revoke the request to conclude this contract in writing within fourteen (14) days of receipt of this contract; the declaration of revocation must be sent to Cashare AG, Bösch 73, 6331 Hünenberg.
- The loan agreement and the assignment agreement are deemed to have been received on the day they are made electronically available to the parties by Cashare AG, Hünenberg.
M. Default
- If the borrower does not make an installment payment (interest and amortization) on time, he will be in default at the end of that day without further warning or otherwise. Cashare notifies the lender.
- Cashare AG sends the borrower on behalf of the investors a written reminder with a payment reminder and a payment deadline.
- If the borrower does not pay within the allotted time, the remaining loan amount and the unpaid interest are immediately due.
- If the borrower does not pay within the allotted time, Cashare or a collection partner will initiate the pre-legal collection.
- If the pre-legal collection fails, the legal collection will be initiated without a counter report from the investor.
- In the event of default, the borrower must pay the lender late interest on overdue payments in accordance with the separate loan agreement.
- The borrower agrees to pay the lender all costs related to the recovery of the loan amount owed as well as unpaid interest.
III. LIMITATION OF LIABILITY
- Cashare is only liable for direct damages caused by Cashare intentionally or through gross negligence. Liability for indirect or consequential damages is excluded. Cashare does not assume any responsibility for the third party services that Cashare uses in the performance of the contract.
- Cashare is not responsible for any damages suffered by a member, user or third party as a result of the behavior of other members
- In particular, Cashare does not assume any responsibility or guarantee for
- the validity and effectiveness of the contracts concluded between the borrower and the investor;
- the borrower’s valuation, neither with regard to the valuation prepared by third parties nor that of Cashare;
- the creditworthiness of the borrower;
- Losses suffered by an investor due to the insolvency of a borrower;
- the collection company, which is responsible for collecting bad debts and processing payments;
- falsified or falsified documents submitted by the borrower.
- Cashare also assumes no responsibility for damages caused by technical failure, inadequate or incorrect transmission, network overload, application difficulties, system interruptions, delays in data transmission, incompatibilities between the Members’ website and data / software and / or their computers, Malfunctions, interference, virus transmission, illegal access or other inadequate service provision by telecommunications or network providers are occurring or increasing.
IV. COMPENSATION
- If Cashare is faced with claims of any kind from a member, user or third party due to the behavior of another member, that member must release Cashare from all liability and all costs of Cashare, including those of legal defense (legal and court costs), to be paid.
V. PARTIAL INVALIDITY
- Any invalidity or ineffectiveness of individual provisions has no effect on the validity of the remaining provisions and the general conditions as such.
- If one or more provisions of these terms and conditions are or become partially or wholly inadmissible, ineffective or otherwise unenforceable for any reason, this will not affect the validity of these terms and conditions, and the invalid provision will be replaced by a provision, which corresponds to the meaning and purpose of the invalid or inefficient provision in economic terms.
VI. TRANSFERABILITY
- Cashare has the right to transfer individual rights or obligations or any rights or obligations under these terms and conditions to one or more third parties.
- Membership and the rights and obligations established hereunder cannot be transferred or assigned by the member.
VII. CHANGES TO THESE TERMS AND CONDITIONS
- Cashare reserves the right I do not propose to change these terms and conditions at any time without giving reasons.
- The modified general conditions will be sent to members by email no later than fifteen (15) days before their entry into force. If a member does not object in writing by e-mail or post within ten days, the modified general conditions are deemed to be accepted.
VIII. RELATED WEBSITES
- Activation of certain links on the Cashare website may cause the user to leave the Cashare website.
- Cashare does not control the websites linked to the Cashare website and makes no warranty as to the quality, relevance, accuracy, completeness, timeliness, availability or legality of the content of such websites and also assumes no responsibility for any products offered on such websites or services.
- The establishment of links between the Cashare website and external websites requires the prior written consent of Cashare.
IX. CONFIDENTIALITY AND ENCRYPTION
- The exchange of data between Cashare and its members takes place via open, public and uncontrolled networks. The data transmitted may leave Switzerland, regardless of whether Cashare and its members are located in Switzerland. Even though the data is transmitted in encrypted form, this does not necessarily apply to the entire transmission. The data can be intercepted.
X. RECORDINGS
- Cashare records and analyzes movements on the website for the purposes of security, monitoring and administration of the system as well as for marketing purposes. With regard to the processing and use of data, reference is made to the data protection declaration which is part of these general conditions.
- Cashare beachtet dabei die anwendbaren Datenschutz- und weiteren Bestimmungen und trifft die erforderlichen Sicherheitsvorkehrungen.
XI. PROPERTY RIGHTS
- The content and presentation on www.cashare.ch are protected by copyright and other intellectual property rights. Cashare and any third party vendors with which Cashare works are the owners of these rights. Downloading to the hard drive, printing or any other reproduction of information from the site for personal and private use is authorized provided that the copyright notices and other legal titles are also reproduced. Regardless of the above use by third parties, all rights remain with Cashare. Use outside the website or reproduction of any type of software or other aids available on the website is expressly prohibited.
- It is prohibited to reproduce, transfer, modify or use all or part of the copyrighted material of this website for public or commercial purposes without the prior written consent of Cashare.
- In particular, Cashare, the Cashare platform and the logo are registered trademarks of Cashare. Any other linguistic and / or graphic element of the website used to identify the origin of the products or services may be the mark of the authorized person concerned, for example the mark of a business partner of Cashare. Reproduction or any other use or use of this mark is prohibited without the prior consent of the beneficiary.
XII. APPLICABLE LAW, LEGAL JURISDICTION
- These terms and conditions as well as the rest of the relationship between Cashare and the member are subject to Swiss law, to the exclusion of the United Nations Sales Convention (Vienna Sales Convention).
- Ausschliesslicher Gerichtsstand für alle Rechtsstreitigkeiten in Zusammenhang mit diesen AGB sowie dem Rechtsverhältnis zwischen Cashare und Mitglieder ist Zug