1. General
These Terms and Conditions of Use (“GTC”) apply to all legal relationships of Hyfindr GmbH (hereinafter: "Provider") with the Users of the website www.hyfindr.com and all sub-sites (hereinafter "Website"). User shall be defined as a company that uses the Website as Buyer or a prospective Buyer (hereinafter “User” or “Buyer”). The Website may only be used by a User in accordance with the terms and conditions with the GTC. Separate general terms of use apply to companies that use the Website to present their products for sale and to find prospective Buyers for their products (hereinafter “Vendor”).
Rules and regulations deviating from the GTC do not apply to Users, unless the Provider has confirmed them in each case expressly in writing. Individual agreements always prevail.
The User Contract concluded is not stored by the Provider after its conclusion and is therefore not accessible. The contract language is English. The User may retrieve, save and print these GTC from the Website (https://hyfindr.com/en/legal/general-terms-and-conditions).
The business relations between the Provider and the User are subject to the laws of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
The exclusive place of jurisdiction is Stuttgart, Germany.
Consumers are not permitted to register as a User. The Provider does not offer a registration or use of the Website to a consumer; any such registrations will not be accepted and are deemed to have been rejected by the Provider.
2. Content of the Website, Conclusion of the Contract, Restrictions of the Offer
The Website is a B2B platform on the internet, that in particular presents products of the hydrogen economy. The products are not offered or presented by the Provider; instead, all products are presented and offered by Vendors.
The Provider only provides the technical platform for Vendors and Buyer to negotiate and complete transactions and the Provider does not become a contractual partner of any sales contract or other contractual relationship requested by or offered to a Buyer regarding a product. The Provider is neither a buyer nor a vendor of the Vendor’s items. The Buyer acknowledges that the Vendor and not the Provider is responsible for the sale of the products, the delivery of an ordered products and for dealing with any Buyer claims or any other issues which may arise out or in connection with the contract between the Vendor and the Buyer. It is not the obligation of the Provider to validate if the terms and conditions of the contract offered by the Vendor to a Buyer comply with the information provided to the Buyer by the Vendor regarding a product on the Website.
The User remains fully responsibly to verify all information provided by the Vendor of a product, both via the Website or outside the Website. The Buyer has the obligation to identify based on the information auf der Website whether the Vendor is actually offering its products in the respective Buyer’s country.
For the avoidance of doubt, any claims and disputes arising from or relating to any agreement between a Buyer and a Vendor (including any claims for supply of products, payment of purchase price, warranty or liability claims) shall be dealt with and resolved only between the Buyer and a Vendor. The Provider will not and shall not be involved in any such disputes.
The Provider strives to optimize the interaction between all parties on the platform. It is vital that Buyer keeps up to date with processes and associated operational requirements when dealing with Vendor. The Provider will publish and update from time to time so called operational guidelines for Buyers and Vendors; Buyers are required to follow the recommended practices therein to avoid issues when dealing with Vendors.
3. Registration
Visiting the Website and browsing the products listed on the Website is possible without registration. However, certain processes on the Website require a registration of the User. The registration requirement is displayed on the Website for the following processes:
- Requesting a product related question which sall to be answered by the Vendor
- Requesting a quote for a product of a Vendor
- Requesting a sales contract from a Vendor through the order workflow provided by the Website
- Any other process on the Website requesting a registration of a User
An individual submitting a registration request is required to accept the privacy policy of Hyfindr GmbH (https://hyfindr.com/en/legal/privacy-policy).
The Registration is possible free of charge for a User.
Registration of a User takes place by opening a user access, whereby a Representative of a Company accepts these GTC on behalf of the respective Company. A User can only be a registered company or organization (“Company”). The individual acting for and on behalf of a Company must be authorized to represent the Company (such individual acting for a Company a “Representative”). The data requested by the Provider during registration must be provided completely and correctly, e.g. first and last name of Representative, current address of the Company, valid e-mail address of the Representative. If the data provided changes subsequently, the User is obliged to correct the information immediately. Until the completion of the registration access, the User can correct his entries directly in the corresponding input fields using the usual keyboard and mouse functions. Upon completion of the registration process, a contract for the use of the Website according to these GTC is concluded between the User and the Provider (hereinafter: "User Contract"). The Provider confirms the conclusion of the User Contract to the User by e-mail to the email-address of the Representative. There is no claim to the conclusion of a User Contract and the Provider reserves the right not to conclude a User Contract after receiving a registration application.
When registering, the Representative enters a user name and chooses a password. Communication between the Provider and a User takes place via the specified e-mail address of the Representative and/or of the Company. Representative of a User must keep their password secret.
Every User is obliged to inform the Provider immediately if there are indications that his access has been misused. In principle, each User is liable for all activities carried out using his access and it shall indemnify the Provider against any claims for damages by third parties, unless the User is not responsible for the misuse.
4. Duration of the User Contract
The registration as a User is unlimited.
Both, the Provider and the User can terminate the User Contract at any time in writing or by e-mail. The User data will be deleted within one week after receipt of the termination notice and a data deletion request.
5. Duties of Conduct of the User, Intellectual Property Rights, Exemption in case of Violations
The contributions of the Users on the Website are not examined by the Provider in principle. However, if the Provider becomes aware that a User's contribution violates these GTC or legal regulations, the illegal content will be removed immediately and/or the access to it will be blocked. The Provider reserves the right to immediately terminate the User Contract and/or block the access of the User or its Representatives from the Website.
The User alone is responsible for ensuring that it has all rights with regard to the content it publishes through its Representatives and that no third-party rights are violated as a result. If, for example, images are to be uploaded on which one or more persons are recognizable, the image file may only be uploaded with their consent. With the publication, the User irrevocably and free of charge grants the Provider the right to use and exploit the content provided on the Website without any restrictions in terms of space, time and content. The Provider may also use such content in accordance with the Privacy Policy of Hyfindr GmbH (https://hyfindr.com/en/legal/privacy-policy). Any other use of the content provided by the User is only permitted with the User's consent. In no case does such content represent the opinion of the Provider and the Provider does not adopt them as his own.
Provider reserves all intellectual property rights in the Website and any underlying software, algorithms, databases and content. Except as otherwise expressly provided, no rights in any such intellectual property is transferred or granted to the User beyond the non-exclusive, non-transferable and non-sub-licensable right to access the Website during the User Contract for use with Provider, and subject always to these terms of use.
The User may not copy, reproduce, distribute, display, transmit, modify, create derivative works or reverse engineer any portion of the Website or any information, data and other content made available by other Users or Vendors through the Website. The User must not use any robots, spiders, crawlers, deep links or any similar technology, devices or manual processes to systematically and/or repeatedly access and collect information made available through the Website.
Each User undertakes not to use the Website, through its Representative, to publish content or to transmit messages which, or whose setting,
- are immoral, pornographic, racist or offensive in any other way,
- are unobjective or intentionally untrue,
- infringe the rights of third parties, in particular copyrights,
- otherwise violate applicable laws or constitute a criminal offense,
- contain viruses or other computer programs that may damage software or hardware or impair the use of computers,
- are surveys or chain letters or disguised advertising, or
- serve the purpose of collecting and/or using personal data from other users for business purposes in particular.
If the Provider learns of a violation of the above provisions, it reserves the right to change or delete the content in question. Should third parties assert claims for damages against the Provider due to such a violation, the responsible User shall indemnify the Provider against such claims.
6. Blocking
The Provider may take the following measures if there are concrete indications that a User is violating legal regulations, the rights of third parties or these GTC, or if the Provider has another justified interest, in particular to protect other Users or Representatives of Users:
- Warning of Users,
- Provisional, partial or final blocking.
The Provider may also permanently exclude a User from active use of the Website (final blocking) if the User or it’s Representatives provided false contact details during registration, in particular a false or invalid e-mail address, if it causes significant damage to other Users or Vendors or if there is another important reason.
As soon as a User has been temporarily or permanently blocked, it and it’s Representatives may no longer use the Website, even with other user accesses, and may not register again.
7. System Integrity and Disruption of the Website
Users may not use any mechanisms, software or other scripts in connection with the use of the Website that could interfere with the functioning of the Website, in particular those that make it possible to generate automated page views or page requests.
Users may not take any actions that may result in an unreasonable or excessive load on the infrastructure.
Users may not block, overwrite or modify content generated by the Provider, other Users or Vendors or interfere with the Website in any other way. Users may not copy or download the content of the Website without prior written consent of the Provider for other purposes that are not offered by the Provider. Such actions continue an essential violation of the User Contract.
8 Responsibility for Content, Limitation of Liability
The Provider assumes no responsibility that the information and documentation provided on the Website is complete and correct, as well as up to date. This applies in particular to the offers and product descriptions of the Vendors. Such information related to the listed products are provided by the Vendors.
The Provider is only liable for damages caused with intent or gross negligence. The Provider is liable for slight negligence in case of a breach of essential obligations, in case of a breach of cardinal obligations, but only for the foreseeable damage typical for the User Contract. The Provider shall not be liable for slightly negligent in case of a breach of other obligations other than the aforementioned. Liability for the compensation of indirect damages, in particular for lost profits, only exists in the case of intent or gross negligence of a representative or executive of the Provider.
If the liability of the Provider is excluded or limited, this also applies to the personal liability of executives, employees and other representatives of the Provider.
9. Data Protection
The Representative and the User are aware and agree that any personal data required for the processing of the User Contract will be stored on data carriers. The Representative and the User acknowledges and accepts the Privacy Policy of Hyfindr GmbH (https://hyfindr.com/en/legal/privacy-policy)
The User and its Representative expressly consent to the collection, processing and use of such personal data for the purpose of performing the User Contract. This includes all data required for the proper execution of the contract concluded between the User and the Provider, i.e. in particular name, address, contact data (telephone and fax number, e-mail address) of Representatives and of the User; but also the anonymous evaluation of files that have been requested, as well as the name of the file, the date and time of the request, the amount of data transferred, the access status (file transferred, file not found, etc.), a description of the type of web browser used. The Provider is also entitled to communicate the data required to initiate or process the order of a product from the respective Vendor.
The stored personal data of a Representative of a User will be treated confidentially by the Provider. The collection, processing and use of personal data is in compliance with the applicable laws as stated in the Privacy Policy of Hyfindr GmbH. The Representative of a User has the right to revoke his consent at any time with effect for the future. In this case, the Provider is obliged to delete the personal data of a Representative. In the case of ongoing contractual relationships of a User, the deletion takes place latest after the termination of the User Contract.
Upon written request, the Provider shall inform the User whether and which personal data is stored relating to a Representative.
10. Export Controls
A Buyer shall not buy or attempt to buy any product for which the import of any such product is restricted or prohibited by law. The Buyer shall not entered in any contract with a Vendor that would violate applicable laws and regulations. The Buyer also needs to ensure that no contract is entered in or conclude between with a Vendor that would violate any applicable sanctions of governmental authorities.
11. Change of these General Terms of Use
The Provider reserves the right to change these GTC at any time at its sole discretion. The most recent GTC are available on the Provider`s website. If the GTC are changed the Buyer will be subject to the amended terms and conditions in force at the time an Order or other transaction is made, unless any change to those terms and conditions is required to be made by law.
If any of these terms and conditions of the GTC is deemed invalid or void that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions of the GTC.
Last Update: 27. March 2024