Hypofriend Terms of Use

1. General

1.1. These Terms of Use apply to the use of the Hypofriend website (currently available on www.hypofriend.de/en) and the use of the services available on this website provided by Hypofriend GmbH (hereinafter "we", "us", "our", etc.) by natural persons (hereinafter "you", "your", etc.).

1.2. Only these Terms of Use apply. Terms and Conditions deviating therefrom will not be respected.

1.3. Contractual conditions are not retained by us for you. Please note that we are neither willing nor obliged to enter into dispute resolution proceedings before a consumer arbitration board.

2. Extent of Services

2.1. Our services comprise an internet platform, providing general information and communication channels for financing or refinancing of property credit and, if necessary, other financial services.

2.2. We do not provide any financial services or consultation ourselves. We use your Hypofriend account solely to store information and pass it between you and Hypofriend partners (mortgage brokers and banks we work with) on your behalf or on behalf the Hypofriend partner. In doing this, we do not make any legally-binding declarations in your name or in the name of the Hypofriend partner, and we also do not accept any legally-binding declarations in your name or in the name of the Hypofriend partner; we solely pass on such declarations to the applicable party.

2.3. Our services are provided to you free of charge. We cannot provide any guarantee or accept any liability for information, for content from Hypofriend partners or other users, or for particular availability or functionality of the Hypofriend website. It is your responsibility to back up your data for yourself as necessary.

3. Registration Conditions, User Account, Contract Term and Termination

3.1. You enter into a contract with us and your user account is created when we confirm your enquiry.

3.2. All information you provide during registration must be accurate, current and complete. You must also keep this information up to date at all times.

3.3. Registering multiple times under different usernames is prohibited. Registering again is similarly prohibited if we have terminated your account and banned you from re-registering.

3.4. User accounts are not transferable, and the login details may only be used by the user in person to whom they were allocated by us. Login details must be kept secret. Please you inform us immediately if you become aware that your account has been misused.

3.5. User accounts do not have a fixed term. They may be terminated by you or by us at any time and with immediate effect.

4. Conditions of Use, User Obligations

4.1. You must have full legal capacity and be at least 18 years of age.

4.2. You commit to providing complete and accurate information and to observing all relevant laws. We do not carry out any prior checking of user data. However, we reserve the right to block or delete data at any time if we become aware that any piece of data is in breach of the law.

4.3. You may not use our services for commercial purposes, e.g. commercial provision of goods or services, or for advertising purposes, without our prior consent.

4.4. By passing material on to us which is protected by copyright or subject to other intellectual property rights, you grant us a non-exclusive, temporally unlimited, worldwide limited right to use to use this material as far as is necessary to provide the services agreed with you. In particular, this right of use includes the right to save this material and the right to pass it on to a Hypofriend partner.

5. Limitation of Liability

5.1. We are liable for damages caused to you only to the extent that (1) they were caused intentionally or grossly negligently by our lawful representatives, employees or vicarious agents; (2) they are the result of death, bodily injury or health impairment due to breach of duty by our lawful representatives, employees or vicarious agents; (3) such liability exists under the German Product Liability Act (Produkthaftungsgesetz) or a contractual guarantee, or damages were the result of fraudulent misrepresentation by our lawful representatives, employees or vicarious agents; and/or (4) damages were caused by breach of a duty which is required for implementing this contract and which duty the contracting parties can normally expect not to be breached (a material contractual obligation/Kardinalpflicht).

5.2. Our liability is unlimited in cases (1), (2) and (3) under section 5.1 above; otherwise, our liability is limited to foreseeable and typical damages.

5.3. In all cases other than those described under section 5.1, and irrespective of the following section 5.4, we do not assume any liability.

5.4. The preceding limitations of liability apply correspondingly to the personal liability of our lawful representatives, employees and vicarious agents. This does not change the burden of proof.

6. Data Protection, External Links

6.1. We take the protection of your personal data very seriously. You can find information how we handle your personal data on our Privacy Policy page.

6.2. Our website may contain links to external websites and offers from Third Parties. We use these links to provide you with easier access to information, products or offers which you might find useful or interesting. We are not responsible for contents of these websites or any offers provided on them and we do not guarantee this information being permanently available.

7. Changes to the Terms of Use

7.1. We may modify the agreed Terms of Use (e.g. introducing new functions), either with your consent or when you are considered to have given your consent under the provisions stated below.

7.2. If we intend to change the Terms of Use, we will notify you in writing (e.g. by email) at least six weeks before the proposed effective date. If you do not object in writing within six weeks of receiving this notification, you will be considered to have given your consent and the change will be made on the proposed effective date. This will be specifically emphasised in the notification.

8. Final Provisions

8.1. These Terms of Use are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention) and the rules of international private law.

8.2. Should any provision of this agreement prove to be totally or partially ineffective, the remaining provisions shall remain in effect. Not exercising rights on our part does not constitute a waiver of such rights.