General Terms and Conditions of Use

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/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 and does not become a contractual partner of any sales contract or other contractual relationship requested by or offered to a Buyer regarding a product. In this context, an order placed by a Buyer shall only constitute an offer to conclude a purchase contract to the Vendor, so that a contract between a Buyer and a Vendor is concluded outside the Website and without any involvement of the Provider; the processes and terms and conditions applicable to such a contract are those offered by the Vendor at its discretion and accepted by the Buyer outside the Website. 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 Provider only provides an option for the Buyer to initiate and an interact with the Vendor of a product. The Buyer acknowledges and accept that the display of a product of a Vendor does not mean that such a product is currently available from the Vendor or that the Vendor will offer the sale to such User or to the location of a User. A Vendor decides at is sole discretion if it intends to conclude a sale contract with a certain User after having been triggered. 

The User remains fully responsibly to verify all information provided by the Vendor of a product, both via the Website or outside the Website.

For the avoidance of doubt, any claims and disputes arising from or relating to any agreement between a User 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 User and a Vendor. The Provider will not and shall not be involved in any such disputes.

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 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 explicitly requesting a registration of a User

Certain other processes, like sending a question to the Provider or a question relating to a product listed by a Vendor via a contact form does not require a full registration of a User through a Representative, unless specified otherwise. The information required to send such an inquiry are displayed in the respective contact form. An individual submitting such an inquiry is required to accept the privacy policy of Hyfindr GmbH (https://hyfindr.com/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 (“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. With the e-mail, the User also receives these GTC. 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. 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.

5. Duties of Conduct of the User, Intellectual Property Righst, 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 reserve 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/privacy-policy). Any other use of the content provided by the User is only permitted with the User’s consent. In no case do contents 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 the slightly negligent 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/privacy-policy/)

The User and its Representative expressly consents 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 for requestion a sale contract 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. Change of these General Terms of Use

The provider reserves the right to change these GTC at any time at its sole discretion.

 The amended terms and conditions will be sent to Users by e-mail no later than two weeks before they come into effect. If a User objects the amended terms and conditions of the GTC with two weeks the User Contract terminate. If a User does not object to the validity of the new GTC within two weeks after receipt of the e-mail, the amended GTC shall be deemed accepted by the User. The Provider shall separately inform the Users of the significance of this period in the e-mail containing the amended terms and conditions of the GTC (providing a URL-link to the amended GTC is sufficient).

Last Update: 29. October 2023

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