Select Page

GTC / Terms of use

Terms of use of isarlend GmbH for commercial users

valid from 14.02.2022

 

0. general

The isarlend GmbH, Agnes-Pockels-Bogen 1, 80992 Munich ("Platform operator") legally represented by its managing directors Dr. Alfred Gruber and Nathan Evans, operates a platform on the website www.fulfin.com which serves to support users in their cash flow planning and to arrange loans for them if desired. The loan brokerage takes place between the user and a bank cooperating with the platform operator ("partner bank"). The platform operator fulfills the statutory requirements for the brokerage of loans pursuant to 34c para 1 No 2 GewO. 

 

1. subject matter of the contract, scope of application and amendments to the terms of use

1.1 These Terms of Use apply to commercial users. Commercial users are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) who wish to track and plan their operational cash flow as part of their commercial or self-employed activities and may be interested in taking out a loan.

1.2 The services of the platform operator are not available to other than commercial users.

1.3 The Platform Operator shall enable the use of the Platform as set forth in these Terms of Use (hereinafter "Terms of use"). After registration of the user, a user contract based on these terms of use is concluded between the user and the platform operator ("User contract").

1.4 In all other respects, the services owed by the platform operator shall be limited to the services as described in these Terms of Use. For the content and the provision of services by the platform operator, these Terms of Use are exclusively authoritative in this respect, unless expressly agreed otherwise in detail. The platform operator's data protection information provides information on the processing of personal data. The User can download the current version of the Terms of Use and the Privacy Policy on the platform under https://www.fulfin.com/de/privacy-policy/ view, download, save and/or print.

1.5 A specific action of the platform operator is not owed on the basis of these Terms of Use

1.6 By using the platform, the respective user acknowledges the validity of these user agreements. The user's general terms and conditions shall not apply to transactions conducted via the platform.

1.7 These Terms of Use may be amended unilaterally with effect for the future. The platform operator will notify the user of such changes in text form. The amendments shall become effective unless the User objects in writing or in text form within a period of 2 weeks, calculated from the receipt of the notification of the amendment. The platform operator shall separately point out the legal consequences of a failure to object. Irrespective of this, the User shall have an extraordinary right of termination with regard to the contract on the use of the platform in the event of notification of the amendment to the Terms of Use.

 

2. basics and functioning of the platform

The platform operator does not make any recommendations and does not provide any other consulting services, in particular no investment and financing advice. The platform operator does not grant any loans itself and does not act as a bank. Users act on the platform in their own name and at their own risk. Reference is made to the provisions of section 5 (risk information).

 

3. use of the platform

Users may use the Platform in accordance with the following provisions.

3.1 Personal requirements

The use of the Platform on the basis of these Terms of Use is open to Users within the meaning of Section 1.1 who have their registered office in Germany.

3.2 Registration, data protection

3.2.1 Each user must register once on the platform. After entering the platform personal or company-related data, a personal user account is generated for the user. The processing of personal data of the user is carried out in accordance with the applicable data protection regulations. Information on the processing of personal data can be found in our privacy policy. This can be accessed at any time at https://www.fulfin.com/en/privacy-policy.

3.2.2 The User is obligated to provide truthful and complete information upon registration and to keep this information up-to-date at all times by adjusting it in the protected area on the platform. In particular, the business address and account data must be updated immediately in the event of changes.

3.2.3 The registration is confirmed to the User by the Platform Operator subject to the provision of all information required in the registration process and concluded by the User's reconfirmation (e-mail, link confirmation). Only with the reconfirmation by the user the user contract based on these terms of use and the privacy policy comes into effect. With the generated user data, the user can register on the platform and access the protected area. There is no entitlement to registration. The platform operator also reserves the right to exclude individual users from the platform at its due discretion.

3.2.4 The user is obligated to use the platform only as intended and only within the scope of legally permissible purposes. The users concerned are obligated to indemnify the platform operator against all possible claims of third parties (including other users) resulting from or in connection with the culpable violation of these conditions of use by them.

3.3 Identification

3.3.1 If the User wishes to submit a loan brokerage application, identification shall take place in accordance with the Money Laundering Act.

3.3.2 Identification shall be effected by means of a procedure specified by the platform operator. In the case of legal entities, the platform operator may request suitable proof of identification from the members of the respective management body or other authorized representatives and beneficial owners.

3.4 Availability of the platform

The platform operator is obliged to keep the platform available for use during the availability periods specified by the platform operator. However, the platform operator is not obliged to keep the platform available at all times. In particular, the platform operator is entitled to discontinue or otherwise restrict the operation of the platform in whole or in part if the platform requires maintenance, the security of the platform (in particular data security) requires this, the platform operator is exposed to events which the platform operator itself cannot influence (e.g. defects, limited availability or failure of telecommunication networks, data transmission by third parties, energy supply as well as natural disasters, shutdown orders by supervisory authorities not caused by the platform operator and similar events) or measures are necessary to ensure the security of the servers of the platform operator (for example in case of attacks from the Internet) or technical measures are indicated to maintain or improve the standard of the platform.

3.5 Data transmission

Data entered on the platform is transmitted in encrypted form. Despite encrypted data transmission, the platform operator has no influence on the transmission of data on the Internet itself. The platform operator points out that the platform operator secures its systems against unauthorized access by third parties to the data stored by the platform operator exclusively with the security systems currently available at the platform operator and that absolute protection against attacks by third parties is not possible according to the current state of technology and is not owed by the platform operator.

 

4. loan applications and loan arrangement

4.1 Loan application

4.1.1 The User may submit loan applications via the Platform in accordance with the options offered on the Platform.

4.1.2 By submitting a loan application, the User makes an offer directed to the platform operator to conclude a loan brokerage agreement.

4.1.3 The User shall remain bound by its declarations until 14 calendar days after submitting the loan application.

4.1.4 On the basis of the loan brokerage agreement, neither a specific action nor a specific success is owed on the part of the platform operator. The respective loan brokerage agreement shall end without the need for termination if a loan agreement between the User and the partner bank is not concluded within 14 days.

4.2 Credit information; rating

4.2.1 Before forwarding a loan application to the partner bank, the platform operator shall check the loan application from a formal point of view and prepare an internal loan rating for each loan for the purposes specified in section 4.3.2.

4.2.2 Loan rating is performed to determine the creditworthiness of the user.

4.2.3 In addition, the platform operator shall obtain external credit information about the User for the purpose of determining the creditworthiness from service providers selected at its own discretion for each User prior to forwarding the loan application and, if applicable, thereafter in the event of repeated use of the platform by the User at times to be determined by the platform operator. Furthermore, the platform operator may obtain Schufa information (http://www.schufa.de) or Creditreform information (http://www.creditreform.de) from the members of the management body of the user and/or significant owners or beneficial owners of the user and/or collateral provider.

4.2.4 The privacy policy provides information on the use of user data for obtaining the above information.

4.3 Forwarding the loan application to the partner bank

The platform operator shall make a decision on forwarding the loan application to the partner bank on the basis of the information obtained and made available to it about the user. There is no entitlement to forwarding of a loan application. The platform operator may terminate or pause the processing of the loan application at any time (for example, if there are reasonable doubts about the accuracy of the information or if the user terminates his user contract or revokes the consents to include the privacy policy concerning him or to obtain required data and information from third parties). Until the loan application is forwarded, the user may correct the information provided by him or clarify any doubts of the platform operator.

4.4 Mediation of the loan agreement

Only in the event of the partner bank's approval can a loan agreement be brokered for the user. For its part, the partner bank checks the loan application in advance. In doing so, it relies on the information provided by the platform operator (rating, credit report, etc.). The partner bank always makes its own independent loan decision when granting the loan and is not obligated to grant the loan.

4.5 Electronic declarations of intent

The declarations and consents of the user required for the conclusion of contracts are made electronically on the platform. This means that the respective conclusion of the contract takes place without signature and only by electronic confirmation / electronic signature on the platform. To this extent, the User agrees to receive electronic communication from the Platform Operator and agrees that all consents and other communications to be made by the User do not require written form in this respect, unless mandatory applicable statutory provisions require a different form of communication. If declarations of intent are made on behalf of the User via electronic confirmation or e-mail using the User's access data, these shall be attributed to the User as the owner and addressee of the access data in accordance with the general statutory provisions on representation. The platform operator will forward electronically submitted declarations as messenger of declaration to the respective lending institution.

 

5. risk information

Each user is responsible for independently and carefully assessing the opportunities and risks of cash flow planning and the use of debt capital in the form of a loan. The platform operator neither makes a recommendation nor provides consulting services.

 

6. liability

6.1 The platform operator shall be liable for damages - irrespective of the legal grounds - only in case of intent and gross negligence. In the event of simple negligence, the platform operator shall only be liable in each case (i) for damages arising from injury to life, limb or health, and (ii) for damages arising from the breach of a material contractual obligation (obligation, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the user regularly relies and may rely); in this case, however, the liability of the platform operator shall be limited to compensation for the foreseeable, typically occurring damage.

6.2 Liability for force majeure is excluded.

 

7. term, termination

7.1 The user contract between the user and the platform operator established by the conclusion of the registration runs for an indefinite period of time and can be terminated by either party with a notice period of two weeks to the end of the month. The right to extraordinary termination remains unaffected.

7.2 In the event of termination, the rights and obligations established up to the end of the usage relationship shall remain unaffected. Termination of the user relationship shall have no effect on the validity of the other agreements (in particular the loan brokerage agreement, the loan agreement and the receivables purchase agreement).

7.3 Notice of termination shall be given in writing or by e-mail.

 

8. remuneration

Registration on the platform is free of charge.

 

9. final provisions

9.1 These Terms of Use and the legal relationship between the Users and the Platform Operator shall be governed by the laws of the Federal Republic of Germany, excluding the rules of private international law to the extent that these would lead to the applicability of a substantive law other than German law.

9.2 To the extent legally permissible, the place of jurisdiction for all legal disputes arising from or in connection with the User Agreement and these Terms of Use (including the validity of the User Agreement) shall be Munich.

9.3 Unless otherwise agreed, all declarations transmitted within the scope of the user contract concluded with the platform operator must be made in text form within the meaning of § 126b BGB (German Civil Code).

9.4 If provisions of the license agreement or a future contractual provision are not legally effective in whole or in part or lose their legal effectiveness at a later date, this shall not affect the validity of the remaining provisions of the license agreement. The same shall apply if a loophole should become apparent in the contract of use. In place of the invalid provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, economically comes closest to what the parties intended or would have intended according to the sense and purpose of the usage agreement based on these terms of use, if they had considered the point.

 

[As of: 02/14/2022; Vers. 1.0]

 

    Don't miss anything with our newsletter!

    Your subscription could not be saved. Please try again.
    We have sent you an email with a link. Please confirm your subscription.

    Newsletter

    Sign up for our newsletter to stay up to date.