By accessing this website (www.faktorama.us) you acknowledge the legally binding effect of the following terms and conditions (the “Terms and Conditions of Use”). If you do not consent to these Terms and Conditions of Use, you may not access any further pages of the www.faktorama.us website. The Terms and Conditions of Use, as well as all information and documents on the www.faktorama.us website, can be changed by Faktorama Inc. staff without prior notice.
Restriction of Access
The www.faktorama.us website is used solely for PO financing, inventory financing, and advance-financing and the purchase of invoices from commercial activities through brokering by Faktorama Inc. pursuant to the activated general contract plus General Terms and Conditions of Business (the “Services”). The Website may only be used by companies and persons who have registered or wish to register in order to use the Services. Registration on the www.faktorama.us website is reserved for companies and investors who are legal entities, collective or limited partnerships, cooperatives, associations or private individuals with unrestricted power to act and a registered office or domicile in the country. Minors (people under the age of 18) and persons with their registered office or domicile outside of the country are thus excluded from registration.
If you do not meet the registration requirements, you may not access any other pages of this Website.
No Offer
The information contained on the www.faktorama.us website is for information purposes only in connection with the implementation of the Services and is directed solely at registered participants and companies or persons who wish to register. Such information is not to be understood as an offer or recommendation to use the Services or to affect any legal transaction. It is not the intention of Faktorama Inc. to offer any consulting services over the Website. Faktorama Inc. does not offer any guarantee that the Services are suitable for any
company or any person (interested or already registered).
No Guarantee
The information and documents on the www.faktorama.us website are offered “as is” and “as available”. Faktorama Inc. does not give any assurance and does not assume any guarantee, either explicitly or implicitly, with regard to the information and functions on the Website. This applies in particular with regard to the guaranteeing of copyrights and other rights and their suitability for a certain purpose. Faktorama Inc. does not guarantee (without restricting the aforementioned provision in any way) the accuracy, timeliness, completeness, reliability or availability of the www.faktorama.us website or the information or results that
arise from use of the Website; nor does it guarantee that the www.faktorama.us website does not contain any viruses or errors. Reference is also made to the warranty provisions in the general contract plus General Terms and Conditions of Business.
No Liability
To the maximum extent permissible by law, neither Faktorama Inc. nor individual directors, employees or agents of Faktorama Inc. are liable in any form or way for direct or indirect losses, liability claims, costs, receivables, expenses or damages of any kind, whether they arise from a contract or criminal offense or other legal reason, that result from the use of this Website or in association with it. Liability due to negligence is also excluded. Liability is excluded even if Faktorama Inc. has been informed about the possibility of corresponding consequences. Reference is also made to the liability provisions in the general contract plus General Terms and Conditions of Business.
Links
The www.faktorama.us website can contain content from third parties or links to websites of third parties. These content and links serve only to make the Website user-friendly and informative. Faktorama Inc. does not have any control over the content or websites of third parties, does not assume any responsibility or guarantee at all for this content and these websites, and does not give any assurances whatsoever in this regard. This also applies to he accuracy, the content, the quality or the currency of these websites. Faktorama Inc. is
not liable for the content or websites of third parties or for the websites that link to the www.faktorama.us website or display it in frames.
Social Bookmarks
The www.faktorama.us website may contain social bookmarks. These are discernible by the corresponding buttons. Users of certain social media platforms can set links from www.faktorama.us pages to their profile using social bookmarks in order to mark these or to share the corresponding page with their contacts. When you use social bookmarks, you send identification data to the corresponding social media platform. Comments and activities that result from the use of social bookmarks will not be checked, confirmed or monitored by Faktorama Inc.. Faktorama Inc. does not assume any responsibility or liability for this. Persons who share notifications from Faktorama Inc. via social bookmarks are not authorized to speak for Faktorama Inc. or to represent Faktorama Inc.. They make their own intentions and opinions known and these do not have to be the same as those of Faktorama Inc.. Furthermore, the provisions with regard to links (cf. above) also apply for social bookmarks.
Rights to Intellectual Property
All rights, titles and claims (incl. copyrights, trademarks, patents and other rights to intellectual property and other rights) to, for and arising from information and content (incl. texts, data, graphics and logos) on the www.faktorama.us website remain with Faktorama Inc. or the respective rights holder. It is permitted to print out individual pages and/or parts of the www.faktorama.us website solely for private or internal use; however, only in as far as the respective printout contains all respective references to copyrights and other ownership
rights. In particular, it is forbidden for the users of the Website to change, copy, send, forward, issue, demonstrate, reproduce, publish or license any information, texts, graphics, images, directories, databases, lists or software that originate from Faktorama Inc. in their entirety or in part without the prior written consent from Faktorama Inc., or to use them as a frame in a website, or to transfer them or to create works derived from the content mentioned or to use them in other forms for commercial and public purposes.
The symbol and the name of Faktorama Inc. are non-registered trademarks. Other attributes can be trademarks of their respective owners. The use of the Faktorama Inc. trademarks (other than in the way described above) is prohibited without the written consent from Faktorama Inc., irrespective of for which purpose.
Communication via Internet
The Internet is a universally accessible medium. Ordinary emails that are sent via the Internet are not confidential or secure. The same applies for Internet-based communication to or from the www.faktorama.us website.
Third parties are able to view, intercept or change ordinary emails. E-mails can also be lost. E-mails can be redirected via other countries even if both the sender and the recipient are located in the country. In light of this, you should not send confidential information (incl. account information) via ordinary emails. If you do so, nevertheless, this is done at your own risk.
Faktorama Inc. is not liable towards you or others for damage that results in connection with messages that are sent to Faktorama Inc. via ordinary e-mail or with another electronic message transmission system.
Partial Invalidity
If individual provisions of these Terms and Conditions of Use are considered invalid, unlawful or non-enforceable by a responsible court or a responsible authority pursuant to the respective law, this will not restrict the validity, lawfulness or enforceability of the other terms and conditions.
Applicable Law, Jurisdiction
These terms and conditions of use are governed by national law. The materially responsible courts in Nevada are solely responsible for the legal judgment of these terms and conditions of usage.
Last update: October, 2022
Restrictions in approval
The usage of the platform for purposes of advance-financing or the purchase of invoices is only open to companies and investors who signed separate agreements with Faktorama Inc.. “Companies” and “investors” pursuant to the general contract are exclusively legal persons, collective and limited partnerships, cooperatives, associations and private individuals with unrestricted power to act and with their registered office or domicile in the country. Minors (people under the age of 18) and persons with their registered office or
domicile outside of the country are thus excluded from using the Website. The platform can only be used for commercial purposes. The companies undertake to only upload invoices onto the platform whose existence and the amount is undisputed and whose payment deadline has not yet expired (no arrears in payment).
Implementation of transactions
The details with regard to the implementation of a transaction via the platform are specified in the user instructions if they are not regulated in the general contract.
Operation of the platform and outsourcing
Transactions are implemented via the platform; this thus depends on the functionality of the platform. The broker can temporarily restrict access to or the services on the platform at any time if this is necessary or useful in light of the security or integrity of the servers, of the capacity limits or for the implementation of technical measures. The participants cannotassert any claims from such restrictions.
The broker does not assume any liability for damage that is caused or is aggravated through technical failure, insufficient or wrong communication, network overload, difficulties in use, system interruptions, delays in the data transmission, incompatibilities between the website and the data/the software of the participants and/or their computers, functional faults, interferences, transmissions of viruses, illegal access or any other defective provision of service by telecoms or network providers. The broker can outsource platform services and/or
the platform operation and maintenance to third parties. In the process, the broker is not in any way responsible for the actions of the subcontractor. A corresponding liability is excluded to the maximum extent permitted by the law.
Warranty, liability, indemnification
Warranty and liability of the broker are excluded to the maximum extent permissible under the law. Reference is made to the general contract and these General Terms and Conditions of Business with regard to individual exclusions. If compensation claims or other claims are filed against the broker due to the damage caused by a company or an investor, this company or this investor undertakes to indemnify the broker against all claims and in addition all defense costs (incl. court and lawyer costs). Reference is made to the specific indemnification provisions in the general contract and these General Terms and Conditions of Business.
Ownership of platform, trademark rights / copyrights
All elements of the platform, in particular copyrights, trademark and other rights are solely and comprehensively the property of the broker. The elements are only freely usable for browsing purposes.
No component of the platform is designed in such a way that a license or right to use an image, a registered trademark or a logo would have to be granted with regard to the provision of a service on the platform. The saving or printing out of individual pages and/or sub-areas of the platform for own use is permitted if neither the copyright notices nor other designations protected under the law are removed. The downloading or copying of the platform or parts thereof does not transfer any rights at all with regard to software or platform elements. The (complete or partial) reproduction, communication (electronically or by other means), modification, linking or usage of the platform for public or commercial purposes is prohibited without the prior written consent from the broker. All ownership rights remain with the broker. The broker retains all rights with regard to all elements of the website.
Retention
The broker will retain contractual documents and correspondence pursuant to the statutory requirements. The broker is in principle willing to hand over to companies and investors on request copies of the existing documents that relate to them. If documents are required outside of or after the conclusion of a specific transaction, the broker is entitled to demand an appropriate reimbursement of costs.
Data protection and data security
On accession to the general contract and when carrying out a transaction via the platform, personal data are transferred between companies, investors and the broker. In the process, a company or an investor is in principle deemed to be a data collection owner (controller) and a third party pursuant to national data protection law. The broker is in principle deemed to be a contract data processor and within the framework of the brokerage also to a restricted extent as the owner of the data collection (controller).
The companies and investors undertake to only provide the broker with the personal data that the latter requires for the provision of the platform services or that are necessary for this. If the companies and investors disclose personal data from third parties, they have to obtain their consent beforehand if required under data protection law.
The broker processes personal data solely for the purpose of brokerage and platform services. In the process, personal data from companies and debtors are disclosed to investors and transaction-related personal data disclosed between company and investor. The broker is authorized to also collect data about companies, investors and debtors at third parties. The broker can process personal data for other purposes if this is envisaged in the data protection information on the website (cf. there).
Predominantly personal data from companies, debtors and investors are processed by the broker. These are primarily finance and contract-related data. The broker is required to implement appropriate technical and organizational security measures. The broker is authorized to use subcontracted data processors pursuant to national data protection law. On their accession to the general contract, the companies and investors declare that they agree to their data described above being processed.
Subject to the Anti-Money Laundering Act
The broker is subject to the [Anti-Money Laundering Act]) (and is therefore required by law to identify or determine companies, investors and any debtors and their commercial beneficiaries and, if need be, to make further clarifications. Accordingly, the companies and investors are required to issue or provide the broker on request with the information and documents necessary pursuant to the Anti-Money-Laundering Act both during registration and also within the course of a transaction.
