📜 General Terms and Conditions

These General Terms and Conditions (GTC) form an integral part of the contractual relationship between G-IT AG (hereinafter referred to as the Operator) and its contractual partner (hereinafter referred to as the User). Individual agreements that deviate from these GTC will prevail in every case.

By creating a profile on http://www.gingr.ch, the User commits to having at least a restricted legal capacity to act as set out in Article 19, Paragraph 2 of the Swiss Civil Code (ZGB) (capable of making a rational judgement and at least 18 years of age). If the User is of full legal age, the Operator can require a certificate of competence to be provided. The Operator may, at any time, require a User to present an official identification document.

The Operator uses the online platform http://www.gingr.ch to operate an agency, reservation and booking service. The Provider can advertise its services, prices, availability, and other information in the recreation, entertainment and relaxation for individuals over 18 years of age. The online platform also enables Users of the website to make electronic booking requests and schedule appointments with the Provider.

Registration on the online platform will be regarded as conclusion of a contract within the meaning of Article 5 of the Swiss Code of Obligations (OR). If the User opts for a Basic Account, the contract becomes legally valid once the Operator confirms registration. In the case of a Pro Account, the contract is concluded as soon as the Operator receives payment from the User.

Premature withdrawal by the User is possible, provided that the User fully indemnifies the Operator.

The Operator runs an online platform with the domain http://www.gingr.ch on which the User can view the Provider's advertised services and other information in the Provider's private area. The User is provided with a personal account and can access the protected pages of the online platform via the login area using a unique username and password. The User can then enter, modify or delete his/her personal details on these pages. Once the Operator has reviewed the details entered by the User, as well as any modifications or deletions, these details will be put online within five working days. The Operator may, at any time, refuse to put account content online without stating any reasons and may delete existing information if laws are violated.

The Operator ensures that the online platform is as user-friendly as possible. The Operator undertakes to provide high system stability and data security. The User will be notified of any extended maintenance work or substantial changes to the design or functionality of the online platform as soon as possible.

In addition to presenting the Provider's services, the Operator's online platform enables Users to send booking requests to the Provider. In the User's account, he/she can specify the preferred means of communication with the Provider.

The Operator may extend or restrict the functionality of the online platform at any time.

The Operator shall make a free support service available to the User.

The User will select a contract model from the Operator's current range (Basic Account or Pro Account) and undertakes, in particular, to pay for the agreed services on time.

The User undertakes to ensure that the photos, videos and information that he/she publishes are accurate and up to date. The User undertakes not to publish unlawful images and to respect the personal rights of the persons published. By uploading images and text, the User confirms that he/she holds all copyrights for the images and texts posted. The User undertakes only to publish erotic photos that are not classified as pornography by Article 197 of the Swiss Criminal Code (StGB). In particular, the User acknowledges that depictions of sexual or non-genuine sexual acts with minors, sexual acts with animals or violence between adults, as well as racist comments and representations, are punishable by Law. All infringements of the legal provisions will, without exception, be reported to law enforcement agencies, and the User's profile will be deleted immediately.

Card Ownership:

The Mastercard by Gingr (whether physical or virtual) remains the property of the issuing bank until issued to the cardholder. Upon issuance, the cardholder (escort, client, or authorised family member) assumes ownership of the card and is solely responsible for its use and security.

Responsibility for Usage:

The cardholder is responsible for all transactions made with the Mastercard by Gingr and must ensure the security of their card, including safeguarding the card, PIN, and any login credentials. Any unauthorised use due to the cardholder’s negligence will be the cardholder’s responsibility.

Know Your Customer (KYC):

All applicants for a Gingr Card must complete the KYC process. This includes providing valid government-issued identification, proof of address, and any other documents that Gingr or its partners require. Failure to complete the KYC process will result in the denial of the card application.

Know Your Business (KYB) Compliance:

For corporate accounts or family members applying for additional cards, KYB compliance may be required. This will include providing documentation such as business registration, corporate resolutions, and other relevant documents.

Jurisdiction Restrictions:

The Gingr Card is available only in certain jurisdictions. Gingr reserves the right to reject applications from individuals or entities in jurisdictions that do not meet compliance standards. The Gingr Card is not available in the following countries: Cuba (Republic of Cuba), Iran (Islamic Republic of Iran), North Korea (Democratic People's Republic of Korea), Syria (Syrian Arab Republic), Crimean Peninsula (Ukraine), Luhansk People's Republic (Ukraine), Donetsk People's Republic (Ukraine), Russia (Russian Federation).

Compliance with Sanctions Regulations:

We are committed to complying with all applicable sanctions regulations, including the sanctions lists of the United Nations (UN), the European Union (EU), and the Swiss State Secretariat for Economic Affairs (SECO). We reserve the right to refuse transactions with individuals or organizations listed on these sanctions lists.

For more information on the respective current sanctions lists and their regulations, you can visit the following official websites:

- UN Sanctions Lists

- EU Sanctions Lists

-SECO Sanctions Lists

Regulatory Compliance:

Cardholders must comply with all applicable local and international laws and regulations when using the Gingr Card. Gingr reserves the right to take necessary action, including suspension of services, to enforce compliance with these laws.

Ownership of Funds:

Funds loaded onto the Mastercard by Gingr become the property of the cardholder upon successful transfer. The cardholder can access these funds for transactions, subject to the terms and conditions of the card issuer.

Transaction Fees:

Transaction fees, including ATM withdrawals, foreign exchange, and point-of-sale transaction fees, will be deducted directly from the cardholder’s balance. A full schedule of fees is available in the Platform and Product Pricing section.

Top-Up Process:

Clients can top up their Mastercard by Gingr via bank transfer. Once Gingr receives and verifies the funds, the card will be loaded with the transferred amount. Instructions for top-up, including the necessary reference codes, will be provided to the cardholder upon account activation.

Country Eligibility:

The Mastercard by Gingr Program is subject to geographical restrictions. Applicants residing in (List Ineligible Countries) are not eligible for the program. Gingr reserves the right to update this list based on regulatory changes or business considerations.

Cross-Border Usage:

The Mastercard by Gingr can be used internationally, but fees and restrictions may apply to transactions in foreign currencies or certain countries. Cardholders must understand these fees before making cross-border transactions.

Data Usage:

Gingr collects, stores, and uses the cardholder’s data through its Privacy Policy. This data will be used for transaction monitoring, fraud prevention, and reporting purposes. By applying for and using the Mastercard by Gingr, the cardholder consents to this data usage.

Compliance with Data Protection Laws:

Gingr is committed to protecting your data by the General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP). Any personal data collected will be processed only for the purposes outlined in these Terms and Conditions. Gingr will not transfer your data outside of jurisdictions that do not provide adequate data protection.

Confidentiality Obligations:

Both Gingr and the cardholder agree to keep all login credentials, card details, and transaction data confidential. Gingr is not liable for any losses arising from the cardholder’s failure to maintain this confidentiality.

Reporting Disputes:

Extended Reporting Period: Cardholders must report any transaction-related disputes within 30 days from the transaction date. Disputes reported after this period may not be eligible for investigation or reimbursement, except in cases where the delay was due to circumstances beyond the cardholder's control.

Handling Disputes:

Gingr will investigate all reported disputes in coordination with the card issuer and any relevant financial institutions. Resolution times may vary depending on the complexity of the dispute.

Liability for Unauthorized Transactions:

In the event of unauthorized transactions, Gingr’s liability shall be limited to a maximum of CHF 500 per incident, provided the cardholder reports the unauthorized transaction within the specified reporting period. Gingr will not be liable for any losses exceeding this amount unless it can be proven that Gingr was grossly negligent or in violation of applicable laws.

Suspension of Services:

Gingr reserves the right to suspend or terminate card services if the cardholder is found to violate these Terms and Conditions, engages in fraudulent activity, or fail to meet KYC or KYB requirements.

Card Expiry and Renewal:

Gingr will notify cardholders 60 days before their card expires. To avoid disruption of service, cardholders must request a renewal or replacement card before the expiration date. Our Terms and Conditions will handle any remaining balance on an expired or terminated card. The remaining amount is returned to the cardholder or held in escrow until a new card is issued. As soon as the new card is active, the funds are transferred to it.

Handling of Remaining Balances:

In the event of card expiry or termination, any remaining balance will be returned to the cardholder’s designated bank account within 30 days, provided a valid account is on file. Suppose the cardholder fails to provide valid banking details. In that case, the remaining balance will be held in escrow for one year, after which it may be forfeited unless otherwise claimed.

Marketing Consent:

By applying for a Gingr Card, cardholders consent to receive marketing communications related to the Gingr Card Program. They can opt out of these communications at any time by contacting customer support.

Third-Party Advertising:

Gingr may partner with third parties to provide special offers or services to cardholders. By accepting such offers, cardholders consent to share their data with these third parties to fulfil the offer.

By accepting third-party offers, cardholders consent to share their data with these third parties, limited to what is necessary to fulfil the offer. Gingr ensures that all third-party partners comply with stringent data protection standards equivalent to those required under GDPR and FADP. Gingr will provide a list of such partners upon request.

Modification of Terms:

Gingr reserves the right to amend these Terms and Conditions at any time. Any significant changes will be notified to cardholders via platform notifications.

Continued use of the Gingr Card after changes have been made constitutes acceptance of the new terms.

Platform Fees Deduction:

By accepting and using the Gingr Card, the cardholder explicitly authorises Gingr to deduct platform fees directly from the card balance. These platform fees may include but are not limited to, booking fees, commission fees, and other charges associated with the services provided by Gingr.

The platform fees typically range from 14% to 19% of the total value of each booking made through the Gingr platform. The exact percentage applicable to your account will be communicated to you at the time of account setup and is subject to change with prior notice.

A detailed schedule of fees associated with the Gingr Card Program, including issuance, maintenance, transaction, and dispute fees, is available in our Platform and Product Pricing section

Fees paid for card services are non-refundable unless otherwise stated. Refunds will only be issued in cases of error or as required by law.

Subscription Fees Deduction:

In addition to platform fees, Gingr is authorised to deduct any applicable monthly subscription fees related to the Gingr Card Program directly from the card balance. This includes, but is not limited to, fees for card maintenance, program participation, and any other recurring charges associated with the card services.

Fee Disclosure:

All applicable fees, including platform and subscription fees, will be disclosed to the cardholder before activating the Gingr Card. These fees will be listed in your account dashboard and available for review anytime. Gingr commits to providing transparent and clear information regarding all costs of using the Gingr Card.

The Platform and Product Pricing section provides a detailed schedule of all applicable fees, including issuance, maintenance, transaction, and dispute fees. Cardholders are encouraged to review the Platform and Product Pricing thoroughly. The fees may also be accessed via the Gingr Cardholder Dashboard under the 'Fees and Charges' section.

Notification of Changes:

Gingr reserves the right to modify the fee structure, including the percentages of platform fees and subscription fees, with prior notice to the cardholder. Any changes will be communicated via email, in-app notification, or through an update in the Terms and Conditions at least 30 days before the new fees take effect. Continued use of the Gingr Card after such changes constitutes acceptance of the updated fee structure.

Automatic Deduction:

Using the Gingr Card, the cardholder agrees that all applicable subscription fees will be automatically deducted from the card balance. The cardholder is responsible for maintaining sufficient funds on the Gingr Card to cover these fees. Gingr is not liable for any consequences, including declined transactions or overdraft fees, resulting from insufficient funds to cover these deductions.

By activating and using the Gingr Card, the cardholder acknowledges having read, understood and agreed to the Terms and Conditions stated herein. The cardholder further agrees that these terms are legally binding and enforceable.

The Operator undertakes to ensure due care in the provision of its services. The Operator does not guarantee the absence of malfunctions and interruptions or the uninterrupted availability of services at all times and does not guarantee specific transmission times and capacities. The Operator assumes no liability for damages arising from the non-availability of the online platform, especially during offline times.

The Operator assumes no liability for the Providers' behaviour and does not guarantee the conclusion of any contract or delivery of any services agreed between the User and the Provider. Furthermore, the Operator does not ensure that the photos, videos and other information published by the Provider on its website are authentic and up to date.

The Operator is liable only for proven damages caused to the User due to an intentional or grossly negligent breach of contract by the Operator. Any further liability of the Operator for direct or indirect damages of any kind and source is excluded insofar as legally permissible.

The User is responsible for the content of his/her profile. He/she declares that he/she is responsible to the Operator for complying with the relevant statutory provisions. He/she indemnifies the Operator, his/her bodies and vicarious agents from all claims of third parties.

Any violation of the contractual or statutory provisions or these General Terms and Conditions will lead to an immediate deletion of the account without notice, and all payments already made will be forfeited. Other grounds for exclusion may include inhuman acts, manoeuvring against third parties, human trafficking, fraud or defamation. The Operator reserves the right to report any infringement to law enforcement agencies. The Operator is also entitled to block the User's account in the event of wrongful conduct, imposing a penalty of CHF 1000.

At Gingr, we prioritise our clients’ and escorts’ safety and satisfaction. Users must agree to our Terms and Conditions and Privacy Policy by registering on our platform. Successful registration will be confirmed via email. When booking an escort, users agree to the terms and conditions of the service, including type, duration, fees and mutual respect. Consent is confirmed through a checkbox, and a booking confirmation is sent to both parties. Either party may withdraw consent before the service begins through the platform’s cancellation mechanism, with applicable fees outlined during booking.

In the event of a dispute or complaint, users can report issues via our customer service portal, providing detailed information about the incident. Our customer service team will acknowledge receipt within 24 hours and conduct an initial review. A thorough investigation will follow, involving interviews and evidence review. We aim to resolve disputes within 14 days, informing both parties of the outcome and necessary actions. Information on external mediation services or legal recourse in Switzerland will be provided if unresolved. Follow-up ensures satisfaction with the resolution, and feedback is collected to improve our processes. These procedures ensure a secure, respectful, and transparent environment for all users of Gingr.

The Operator is entitled to change these GTC, at any time, without citing any reasons. The contract between the Operator and the Provider expressly confirms acknowledgement of the applicable GTC.

Personal data is used only for the processing and execution of the services agreed upon in the contract and is not shared with third parties. Personal data protection is governed by the Swiss Federal Law based on the Data Protection Act of June 19, 1992, and the latest version of its implementing regulations. All privacy matters are governed by Swiss Law.

Should individual provisions of these GTC prove void or invalid, this will affect only the particular provision and not the GTC as such.

These Terms will be governed exclusively by the substantive Law of Switzerland. Any dispute arising out of or in connection with these Terms, unless amicably settled between the Parties, shall be Jurisdiction and Applicable Law to the competent court in Zug, Switzerland, determined as per the procedural Law of Switzerland. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of the Operator.

These General Terms and Conditions will enter into force on September 18, 2024.