TERMS OF USE

1. General information

firstwire GmbH (hereinafter “firstwire”) is the operator of the website firstwire.market (the “Website”). firstwire publishes information on the website that describes the services offered by firstwire, in particular the so-called Marketplace. This is an electronic market place for buying and selling financial investments as defined by Section 1 para. 2 German Financial Investment Act [Vermögensanlagengesetz – VermAnlG] in the primary and secondary markets. Use of the Marketplace is without exception subject to the following restrictions:

1. The offered instruments are exclusively financial investments as defined by Section 1 para. 2 of the German Financial Investment Act [Vermögensanlagengesetz – VermAnlG]
2. The minimum term to maturity of the brokered financial investment is greater than 364 days.
3. Only businesses that commercially acquire or sell securities or financial investments on their own account or on behalf of third party accounts are approved as participants. Natural persons are only approved when they are expressly and demonstrably authorized to act in the Marketplace on behalf and on the account of an approved participant.

firstwire and the participants, resp. the users of the website are required under the provisions of these terms of use to protect the rights and laws governing intellectual property and other third party rights, and to refrain from breaching or endangering these assets as a user of www.firstwire.market. Any breach, including threatened breaches, entitles firstwire without further review and without notice, but in consideration of the interests of all involved parties, to exclude the particular participant resp. user from accessing the website.

2. Liability disclaimer

1. firstwire assumes no liability for the correctness, accuracy, and completeness of the information published on www.firstwire.market. firstwire has the right to modify, amend, or delete the contents of the website at any time.
2. In the event of death, bodily injury or health injury, the parties are mutually liable for negligence and intent by a legal representative or vicarious agent. The parties are otherwise mutually liable only for gross negligence and intent.
3. firstwire is not liable for websites and their contents that can be reached with links on the platform.
4. firstwire is not responsible for the conduct of other users and for information made available by other users.
5. firstwire gives participants access to the platform. firstwire is not responsible for creating the technical prerequisites for the participant’s access to pages.
6. firstwire makes every effort to keep the platform free of viruses and other potential sources of damage, but assumes no liability for this.
7. If firstwire becomes aware of potential legal breaches, firstwire is entitled without further review to remove the relevant content.
8. The aforementioned provisions also apply to firstwire affiliates and to a personal liability of the employees, representatives, shareholders, and vicarious agents of firstwire and/or firstwire affiliates.
9. The liability disclaimers also apply to other domains operated by or on behalf of firstwire that point to www.firstwire.market.

3. Copyright and trademark

This website is the property of firstwire. Any elements, including texts, graphics, photos, images, motion pictures, sounds, illustrations, and software are the exclusive property of firstwire.

Unless specified otherwise in related website details, reproducing, editing, translating, storing, processing, linking, downloading of the specified elements, in particular use of image and text materials, are prohibited. Due to the existence of copyright and trademark rights in connection with the presented products, imitating, reproducing, processing, and selling in one’s own name is prohibited without written approval from firstwire.

4. Access to the Marketplace and T&Cs

Access to the Marketplace is subject to consent by firstwire. firstwire grants its consent by way of an access procedure specified by firstwire. For purposes of making a decision, said procedure involves asking for pertinent information about the participant and the users to be identified by the participant.

After determining the eligibility as participant resp. user, access to the Marketplace is made available on the condition of the participant’s resp. user’s express acceptance of the special Rules applicable for the Marketplace in their respectively latest revision. The Rules are separately published on www.firstwire.market.

5. Data protection

The specific data protection regulations can be reviewed in the separately specified Privacy Policy on www.firstwire.market.

6. General Information

Invalidity of individual provisions in these terms of use does not affect the validity of the other provisions. Invalid or void provisions shall be replaced by those provisions that best approximate the content and intent of the invalid clause. The same applies for gaps in the provisions of the terms of use. Individual agreements supersede these terms of use.