1. General provisions
- The following general conditions for the use of the “Fintech Hub” website (the “Website” or “Platform”) will be referred to on this site as “terms and conditions”. The Fintech Hub makes an Internet-based system and services available to third parties under various top level domains and aliases of these domains (the “Fintech Hub websites”). The terms and conditions define the contractual relationship for using the Fintech Hub website between zeb.fintech.hub gmbh, Hammer Straße 165, 48153 Münster (“zeb”) and the user regardless of which of the Fintech Hub websites the user is registered on or logged into.
- Use of the Fintech Hub is only permitted to entrepreneurs from the financial technology sector (in some cases “Fintech”). Pursuant to Section 14 Subsection 1 of the German Civil Code (BGB), entrepreneur refers to a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
- By registering on the Website, the user confirms that they have read and understood these terms and conditions and accept their validity. Users who do not accept the validity of the terms and conditions are not permitted to register or use the Website.
2. Services, costs
- The Website offers fintech companies the option to publish a profile site for their company or to present their software application or solution on the Website. The profile pages are open to all visitors to the Website. In particular, the services of the Website include:
- presentation of the fintech profile on a public Internet platform
- filtering fintech profiles by sector
- separate presentation of fintech profile pages that zeb regards as particularly interesting
- references (external links) to selected news and events from the fintech environment
- notifications about new fintech companies, news and events over an e-mail newsletter system
- The services of the Website are free of charge.
- zeb tries to adjust the services of the website to current technical trends and market developments. zeb reserves the right to make changes and enhancements to the Website.
- Prerequisite for the use of Fintech Hub is approval from zeb, that is up to zeb. No one can claim a right to be approved for Fintech Hub or to use it. zeb is thus authorized at all times to refuse publication of any fintech company profile or to delete it at a later time without giving reason. zeb is neither obliged to ensure that the Website is permanently online nor that the Fintech Hub can be used at any time. zeb is thus authorized at any time to cease operations of the Website and the Fintech Hub. zeb is authorized to change the domain at any time and without warning; in particular, if it is no longer possible due to legal reasons to operate the domain.
3. Responsibility for content, data and/or user information
zeb assumes no responsibility for the contents, data and/or information provided by users of the Platform or for contents on linked external websites. Specifically, zeb is not liable for and does not guarantee that these contents are true, fulfill a certain purpose or may fulfill this kind of purpose.
4. User’s duties
- The user undertakes to only use the Fintech Hub for the defined purpose. The user assures that all data entered on the Website during registration and afterwards and all uploaded contents are true. The user is not permitted to enter data from third parties. The user is obliged to only use the Website in accordance with the laws and these terms and conditions. The user assures that they are authorized to use and provide the contents that they publicly provide. The user is expressly authorized to name the specified investors and cooperation partners and to use their logos in this context. The user may only register their company once and only set up one profile on the Website. If a user operates several software applications, a separate profile can be registered for each application. The user undertakes not to make any untrue or misleading claims and not to overload the Website through improper use. The user undertakes not to use any software or other data that might lead to adjustments to the physical or logical structure of the network, the software and/or the operating system when adding their data. Users are prohibited from attempting to access data of third parties without express authorization.
- The user selects a password during registration. The user is obliged to keep their password secret and not to reveal it to others.
- The user is obliged to only upload data about their own company or their own software application. The user is obliged to regularly update and maintain the data they have uploaded. This also includes the deletion of profiles from companies or software applications who have ceased operations or sales. zeb reserves the right to remind users to check their profile from time to time.
- The user is obliged to observe applicable laws and the rights of third parties when using the Platform. The user is particularly prohibited from the following:
- using offensive, defamatory, hurtful or threatening contents, regardless of whether the content affects other users, zeb employees or other person or companies,
- using obscene, pornographic, abusive, unethical contents or contents that glorify violence or infringe laws concerning the protection of minors or otherwise the advertisement, offer and/or sales of goods or services that are obscene, pornographic, abusive, unethical contents or contents that glorify violence or infringe laws concerning the protection of minors,
- using contents protected by law without authorization. This particularly applies to contents protected by intellectual property, trademark, patent, registered design or utility model laws. Furthermore, the advertisement, offer and/or sales of goods or services protected by law is not permitted unless the user is authorized to do so.
The user guarantees that any contents provided through links from the user also fulfill the requirements above.
- The user accepts that the content they provide may be included in newsletters by zeb. This includes all contents they have provided (including images, logos, etc.). The user also accepts that zeb may raise awareness for the contents provided by the user on social media websites such as Facebook, Google+ or Twitter by posting a link.
- For contents that the user adds to Fintech Hub, they grant zeb, restricted to the use of the contents on the Website and in newsletters, non-exclusive, worldwide, perpetual, unlimited, irrevocable, transmissible and sub-licensable right of use at no cost in all known and not yet known types of use concerning all copyrights, database rights, commercial, immaterial or other protective rights.
- The user immediately informs zeb of changes required for working together on the Platform, for example, changes to the company name, the responsible contact person, etc.
- The user is obliged in accordance with Section 5 of the Germany Telemedia Act to include legal notes (German: Impressum) alongside their provided contents. In particular, but not exhaustively, this includes the name or company name, authorized representative, address, legal form, e-mail address, details on registration and corresponding registry number, VAT identification number according to Art. 27a of the German Tax Code (Umsatzsteuergesetz, UStG) or companies registration number according to Art. 139c of the German Tax Code (Abgabenordnung, AO). For entering the legal notes, the profile page of each user includes the field “Contacts”, which is intended for linking to the legal notes on user websites.
- The user exempts zeb from all claims, including compensation claims, which other users or other third parties have asserted against zeb due to a violation of their rights or due to violations of legislation by the contents uploaded by the users on the Platform. The user releases zeb from all costs, including appropriate costs for legal defense (court and lawyer costs), incurred due to a breach of the rights of third parties at first request. All further rights and claims for compensation from zeb remain unaffected. The user obligations above do not apply if the user is not responsible for the respective infringement.
- If rights of third parties are violated through user contents, then the user shall at their own expense grant zeb permission to use the contents or render these contents free of protective rights.
- zeb is not obliged to verify the contents uploaded by users to the Platform for their legality or to check for any possible infringements of the rights of third parties. If zeb becomes aware of unauthorized contents, any infringements or violations of these terms and conditions, zeb is permitted to fully or partially delete the content uploaded to the Platform by the user without their prior notification or otherwise to block the availability of the entry.
5. Conditions for using the comment function
When using the comment function, writers of comments are obliged to,
a) observe applicable laws and the laws of third parties,
b) make no subjective remarks about the company and/or the software application,
c) write no comments with contents which can be considered defamatory, hurtful, threatening, obscene or pornographic or which glorify violence or infringe laws concerning the protection of minors or which are contrary to common decency,
d) refrain from referring to any natural persons by name,
e) include no links or external contents.
The writers of comments agree that their comments can be edited or deleted by zeb in cases of violations.
It is technically not possible for the Website to be available at all times. The user acknowledges this fact.
- zeb is only liable—regardless of legal grounds—in the event that the damage
a) is caused by the negligent breach of one of the cardinal duties or fundamental obligations in a fashion which prejudices the achievement of the contractual objective or
b) in the event that such damage is attributable to the gross negligence or intent by zeb.
- If zeb is liable pursuant to the above clause 7.1 number 1 a) for the breach of one of the fundamental obligations, but without gross negligence or intent, then the liability is restricted to the extent of the damages the zeb could typically expect at the time of conclusion of the contract on the basis of the circumstances known to it at that time. This also applies in the same manner for damages that are caused by the gross negligence or intent on the part of employees of agents of zeb, who do not belong to the group of its directors or senior employees. Liability for consequential damages—in particular, a claim for lost profits or compensation of damages upon third parties—is excluded, unless zeb is guilty of gross negligence or intent.
- Claims for compensation under the German Product Liability Act (Produkthaftungsgesetz) and for damage resulting from harm to life, body or health remain unaffected by the above limitations of liability.
- zeb can only be held liable to the degree within the scope defined in point 7 for the loss of data and programs and their recovery, and only as far as such loss could have been avoided by appropriate and acceptable preventative measures having been taken, particularly daily backup of all data and programs for data recovery purposes.
- The above limitations to liability also apply to any involved legal representatives and vicarious agents of zeb.
- All liability claims are invalid if the user intentionally interferes in zeb’s sphere and/or modifies it in any way, regardless of the scope of said modifications.
- The limitation period for liability claims is one year unless a shorter limitation period is provided by law
8. Data backups
zeb does not conduct any data backups of contents uploaded by users. Users are responsible for any data backup themselves.
9. Data protection
Our data use policy can be read here.
10. Other provisions
- zeb reserves the right to change these terms and conditions without indicating the causes unless this is not reasonable for the user. zeb will inform the user about changes to the terms and conditions in good time. If the user does not object to the validity of the new terms and conditions within six weeks after receiving notification, beginning with the day following delivery, then the changed terms and conditions are deemed to be accepted by the user.
- The user’s general terms and conditions do not apply, even if they are not explicitly excluded.
- If nothing to the contrary has been agreed, then the user can send any statements to zeb via e-mail, fax or letter. zeb can send explanations to the customer using the e-mail address that the customer specified as the current e-mail address in their user account.
- If individual provisions of these terms and conditions are or become ineffective, the validity of the remaining provisions remains unaffected. In this case, zeb and the user are obliged to replace the invalid provisions through others through which the intended contractual purpose and the economically desired intention can be achieved in a legally permissible way. The same applies in the event of a loophole in these terms and conditions.
- zeb reserves the right to assert claims for compensation in the event of violation of these terms and conditions or any other violations of the law.
- The place of jurisdiction for business people as defined by the German Commercial Code (HGB) is the office of zeb in Münster, Germany.
- German law applies with the exception of international private law and UN purchase law.