Last modified on 13 September 2019
1. This “FrankfurtStockExchange.de End-User Terms and Conditions” (“Agreement”) governs your access to and use of the FrankfurtStockExchange.de website, subscriptions and applications (collectively, the “Site”) and Site Services (as defined below) offered on the Site. This is a legal agreement between you (the “Site User” or “you” or “your”) and the owner of FrankfurtStockExchange.de, ac company incorporated in Zug, Switzerland (herein FrankfurtStockExchange.de and the Company collectively referred to as “FrankfurtStockExchange.de”).
FrankfurtStockExchange.de is an independently owned website for sharing information about the stock market and featured advertisements about certain companies in exchange for payment (See our DISCLAIMER for more information). FrankfurtStockExchange.de is not affiliated in any way with Deutsche Boerse.
When you registered, you either registered as an individual or as a company or other business organisation. When registering, you provided information about yourself and/or an owner or principal of the business. You hereby represent and warrant that all information provided is true and correct and that you are authorised to act on behalf of the business and have authority to bind the business to this Agreement. The term “you” “your” and “Site User” will mean you, the natural person, as well as the business.
By checking the box on the registration page agreeing to these terms and conditions or by using the Site Services, you are agreeing that you have read, understand, and agree to be bound by this Agreement.
If you do not agree or are unable to agree to be bound by this Agreement, do not use the Site or the Site Services and exit the Site.
FrankfurtStockExchange.de may modify this Agreement from time to time. When changes are made, FrankfurtStockExchange.de will make the revised version available on this webpage and will indicate the date that revisions were last made at the top of this page. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
2. This Agreement is effective as of the date you first subscribed or registered (the “Effective Date”). If you subscribed or registered as a business entity, the Site Services (as defined below) may also be utilised by Affiliates (as defined below) of the Site User; provided that (i) the Site User shall be the sole party responsible for making payments under this Agreement, as applicable, and (ii) the Site User shall be responsible to FrankfurtStockExchange.de for all Affiliates compliance with the terms and conditions of this Agreement. For purposes of this Agreement, the term “Affiliate” shall mean any entity in which the Site User has direct or indirect ownership of greater than 50% of the voting shares of the relevant company.
3. FrankfurtStockExchange.de is providing stock market information and stocks it advertises on the site, usually in exchange for payment (“Site Services”) to the Site User pursuant to this Agreement. If payment was received for promotion of a company’s stock, the details will be set forth in the DISCLAIMER, which you can find in the footer of this Site. This Agreement shall remain in effect until terminated. Site User or FrankfurtStockExchange.de may terminate this Agreement, and/or suspend your access to the Site Services, at any time.
4. FrankfurtStockExchange.de, its contractors and sub-contractors, for the purposes of this Agreement, are not:
(a) a financial intermediary with the duty to report as set forth in Section 2, Article 9 (Duty to Report) by the Swiss Federal Act on Combating Money Laundering and Terrorist Financing (“AMLA ACT”) and as such do not have an obligation to retain any copies of an identification procedure as required under Article 7.
(b) a financial intermediary with the duty to report for the purposes of the requirement to retain copies of an identification procedure as required under Article 7 of the AMLA ACT.
(c) a financial intermediary with the duty to report as defined under Swiss cantonal and or federal laws;
(d) a Consumer Reporting Agency as defined by the U.S. Fair Credit Reporting Act 15 U.S.C. et seq (“FCRA”) and FrankfurtStockExchange.de’s data or reports do not constitute “Consumer Reports” as that term is defined in the FCRA.
5. The Site User is responsible for:
(a) procuring any software or applications which it requires to use or view the Site Services;
(b) the accuracy of the information input for the Site Services; and
(c) assessing and setting the risk tolerance level according to its needs.
6. FrankfurtStockExchange.de and its service providers will retain ownership of all intellectual property in the Site Services (including any amendments, enhancements, modifications or updates of the Site Services).
7. Except as expressly set out herein, the Site User will have no rights or interest with respect to the Site Services. Nothing contained in this Agreement will constitute a licence or grant of any rights to the Site User with respect to any trademark, logo, service, mark, trade name, service name or patent.
8. As used in this Agreement, “Confidential Information” means any information communicated by either party to the other party in the context of their business relationship (whether documented now or in the future or otherwise) and includes information regarding the Site Services not generally known to the public, the identity of FrankfurtStockExchange.de’s data sources and vendors as well as any information relating to an identified or identifiable individual (including, without limitation, name, postal address, telephone number, date of birth, government identity card number, driver’s license number, or any other unique identifier or one or more factors specific to the individual’s physical, physiological, mental, economic or social identity, and whether confidential customer data or otherwise) provided by either party to the other (“Personal Information”) and including user name and password information.
9. Except with respect to Personal Information, Confidential Information does not include information that is generally known to the public, information received in good faith from a third-party not subject to a confidential obligation to the source, or information that was independently developed by the recipient without the developing persons having access to or knowledge of the confidential information.
10. Each party agrees that it will:
(a) not disclose, nor permit any person to disclose, to any other person or entity any Confidential Information except to those of its data vendors, directors, officers or employees with a strict need to know in order to perform the obligations under this Agreement. Such data vendors, directors, officers or employees shall be of the obligation of confidentiality hereunder and shall be subject confidentiality obligations at least as restrictive as those set forth in this Agreement. Should either party be legally required to disclose Confidential Information, that party shall, unless prohibited by law, immediately notify the other party of such request or requirement for disclosure, and reasonably assist that party, prior to disclosure so that party may seek an appropriate protective order;
(b) protect the Confidential Information with the same degree of care it uses to safeguard its own information of a similar character, provided that such degree of care shall not be less than a reasonable degree of care implementing appropriate administrative, physical, technical and organisational measures, policies and procedures to protect Confidential Information against accidental or unlawful destruction or accidental loss, unauthorised alteration, disclosure or access, and other unlawful forms of processing;
(c) immediately notify the other party in writing if it suspects, has reason to believe or confirms that any Confidential Information is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorised manner or by any unauthorised person, or for any purpose other than legitimate business reasons;
(d) comply with all applicable privacy and data protection laws which may apply to the storage or transmission of any Confidential Information; and
(e) return or destroy Confidential Information to the other party within ten (10) days of notice from such party.
11. FrankfurtStockExchange.de may suspend the Site Services or terminate this Agreement immediately, without further obligation to Site User at any time for any reason.
12. FrankfurtStockExchange.de is not responsible:
(a) if the Site User fails to use the Site Services in accordance with the Permitted Purpose or any other term of this Agreement;
(b) if any equipment, browser, server or software utilised by the Site User in accessing the Site Services fails; or,
(c) for any damage to equipment, hardware, programs or data, whether stored or used with the Site Services or otherwise, including the costs of repairing such equipment or hardware and the costs of recovering such programs or data.
13. To the extent permitted by law, other than to the extent expressly set out in this Agreement, FrankfurtStockExchange.de makes no representations or warranties either express or implied:
(a) in relation to the suitability, quality, merchantability, performance or fitness for a particular purpose of the Site Services;
(b) that the Site Services will meet the Site User’s requirements;
(c) that the Site User’s use of the Site Services will be uninterrupted or error-free or that any errors or defects in the Site Services will be corrected; or
(d) regarding the interoperability, compatibility or coexistence of the Site Services with the Site User’s operating system or particular network environment or hardware.
14. IN NO EVENT WILL COMPANY OR ITS REPRESENTATIVES, OR ANY DATA PROVIDER, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IN ANY MANNER, REGARDLESS OF THE FORM OF ACTION (INCLUDING STRICT LIABILITY OR NEGLIGENCE).
15. COMPANY’S AGGREGATE LIABILITY DURING THE TERM FOR ANY OR ALL LOSSES OR INJURIES ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT WILL BE LIMITED TO A REFUND OF THE FEES PAID BY IDV USER UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE FIRST EVENT GIVING RISE TO ALL OR PART OF THE LIABILITY.
16. Notwithstanding any other term of this Agreement, FrankfurtStockExchange.de accepts no liability for any inaccuracy, incompleteness or other error in any (i) inquiry information, (ii) other information, or (iii) data, provided by the Site User to FrankfurtStockExchange.de.
17. The Site User will indemnify FrankfurtStockExchange.de, its affiliates and agents from and against any and all claim, damages, losses, liabilities or fees arising in connection with any costs incurred as a result of a breach of any term of this Agreement by the Site User.
18. The Site User must not assign or transfer any rights or liabilities under this Agreement to any other person, except with written consent of FrankfurtStockExchange.de.
19. If, for any reason, FrankfurtStockExchange.de is required to disclose any or all of its data vendors to Site User, then Site User agrees that it shall be prohibited from contacting or doing business with such data vendors, for the purpose of obtaining similar services as those provided through FrankfurtStockExchange.de under this Agreement, at any time during the term of the Agreement and for a period of one (1) year after the termination of this Agreement.
20. The Site User can contact FrankfurtStockExchange.de at any time with questions or to cancel the Site Services by sending an email to: info(at)frankfurtstockexchange.de.
21. If any provision of this Agreement is found to be illegal or unenforceable by any court of competent jurisdiction then that provision will be deemed to be deleted, but without affecting the remaining provisions.
22. A failure by either party to exercise or enforce any rights available to that party or the giving of any forbearance, delay or indulgence is not to be construed as a waiver of that party’s rights under this Agreement.
23. All documents referred to in this Agreement form part of this Agreement and may be amended from time to time by the parties in writing. Such amendments do not otherwise affect the rights and obligations howsoever under this Agreement.
24. This Agreement contains the entire Agreement between the parties and there are no other representations, promises or conditions.
25. This Agreement is governed by the laws of Switzerland. Both parties stipulate and agree that any litigation arising from or relating to this Agreement will be heard in a court of competent jurisdiction located in Zug, Switzerland.