Terms of Use and Cookie Policy

  1. General Information
  2. These are the terms of use and cookie policy (Terms of Use and Cookie Policy) for the use of the MODIFI website and MODIFI’s online platform for seller finance and buyer buyer finance (the MODIFI Hub). These Terms of Use and Cookie Policy also include information about cookies (see paragraph 6). For information about personal data that we process, we refer to www.modifi.com/privacy-policy. You can access this information at any time on our website in the current version at www.modifi.com/terms-of-use. MODIFI can be reached via email at hello@modifi.com.

    Please read these terms of use and cookie policy carefully before using the MODIFI website or the MODIFI Hub. By using the MODIFI website or the MODIFI Hub you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use and Cookie Policy, you must not use the MODIFI website or the MODIFI Hub. You are also responsible for ensuring that all persons who access the MODIFI website or the MODIFI Hub through your internet connection are aware of these Terms of Use and Cookie Policy, and that they comply with them.

    MODIFI B.V. is a Dutch limited liability company with its registered seat in Amsterdam, the Netherlands and is registered with the trade register of the Dutch Chamber of Commerce under number 73275905 (MODIFI B.V.). MODIFI GmbH is a German limited liability company registered in Berlin-Charlottenburg, Germany, with company number HRB 193573 B, and is a wholly owned subsidiary of MODIFI B.V. This notice relates to data processing by MODIFI B.V. together with other companies within the MODIFI group (which means our subsidiaries, our ultimate holding company and its subsidiaries from time to time) (MODIFI, We, Us, Our). Authorised representatives of MODIFI are Nelson Holzner, Sven Brauer, Jan Wehrs.

  3. Disclaimer
  4. The contents of our website were created with great care. We do not accept liability for the website not being accurate, complete or up to date. We may update the MODIFI website and the MODIFI Hub from time to time, and may change the content at any time. However, please note that any of the content on the MODIFI website and the MODIFI Hub may be out of date at any given time, and we are under no obligation to update it.

    Under § 7 Abs. 1 of the German Telecommunications Act (Telemediengesetz, TMG), MODIFI GmbH is responsible for its own contents on this website under general laws. Under §§ 8 to 10 TMG, however, MODIFI GmbH as a service provider is not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate an illegal activity. Obligations to remove or block information under general law remain unaffected. However, liability in this regard is only possible from the moment of knowledge of a specific infringement. Upon notification of violations, we will remove such content immediately.

    We do not guarantee that the MODIFI website, or any content on it, will always be available or be uninterrupted. Access to the MODIFI website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the MODIFI website without notice. We will not be liable to you if for any reason the MODIFI website is unavailable at any time or for any period.

    The content on the MODIFI website and the MODIFI Hub is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the MODIFI website or the MODIFI Hub. In particular, the materials appearing on our website do not constitute financial advice.

    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the MODIFI website, the MODIFI Hub or any content on them, whether express or implied.

    We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, the MODIFI website or the MODIFI Hub; or
    • use of or reliance on any content displayed on the MODIFI website or the MODIFI Hub.

    If you are a business user, please note that in particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the MODIFI website or the MODIFI Hub or to your downloading of any content on it, or on any sites linked to it.

  5. Copyright
  6. The content and works (including design, text, graphics and the selection and arrangement) on the MODIFI website and the MODIFI Hub created by MODIFI B.V. and/or MODIFI GmbH (as the case may be) or its employees are subject to German and/or Dutch copyright law (as the case may be). The duplication, processing, distribution and any kind of exploitation of the website’s content (to the extent not permitted by copyright laws) require the prior written consent of the respective author or creator. Any use of the content not expressly permitted by these Terms of Use and Cookie Policy is a breach of these Terms of Use and Cookie Policy and may violate copyright, trademark and other laws. Downloads and copies of this site may only be made for private, non-commercial use. Our status (and that of any identified contributors) as the authors of content on the MODIFI website and/or the MODIFI Hub must always be acknowledged. You must not use any part of the content on MODIFI website and/or the MODIFI Hub for commercial purposes without obtaining a licence to do so from us or our licensors.

    As far as the contents on this website were not created by MODIFI B.V. and/or MODIFI GmbH (as the case may be) or its employees, the copyrights of third parties are respected. In particular, contents of third parties are designated as such. Should you be aware of a potential copyright infringement, we kindly ask you to notify us. Upon notification of copyright violations, we will remove such content immediately.

  7. Linking
  8. You may link to the MODIFI website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the MODIFI website in any website that is not owned by you. The MODIFI website must not be framed on any other website, nor may you create a link to any part of the MODIFI website other than the home page. We reserve the right to withdraw linking permission without notice.

    Every effort has been taken to ensure the accuracy of the internet links established here. However, any and all liability which might arise from your use or reliance on the links contained on the website is excluded. We do not endorse or accept any responsibility for any content on or software downloaded from any website linked from this website.

  9. Use of the MODIFI Hub

    The below Terms of Use govern the use of the MODIFI Hub by MODIFI’s users (users).

    1. Access and use of the MODIFI Hub Login and Password
    2. Access to the MODIFI Hub is protected by Logins and Passwords. Logins are specific to users. The user agrees that it will not allow any person to use its Logins to access and use the MODIFI Hub. The user is responsible for maintaining the strict confidentiality of the Logins and Passwords issued to the user and these Terms of Use for any charges, damages, or losses incurred or suffered as a result of the user’s failure to do so. MODIFI is not liable for any harm caused by or related to the theft of the Logins, the user’s disclosure of the Logins, or the user’s authorisation to allow any person to access and use the MODIFI Hub using the Logins, except where MODIFI fails to terminate access to the specified passwords or Logins when directed to do so by the user. If the user becomes aware of any unauthorised use of the Logins or other need to deactivate a Login due to security concerns the user immediately requests MODIFI to deactivate the login.

    3. Security
    4. The user will be solely responsible for the security, confidentiality and integrity of all information and messages that the user receives, transmits through, or stores on the MODIFI Hub to the extent that such information and messages are in the control of the user. The user will be solely responsible for any authorised or unauthorised access to or use of the user’s account by any person, except to the extent that it arise through the negligence or breach of MODIFI. The user is strictly prohibited from defeating the MODIFI Hub’s security measures, or attempting to do so.

    5. Responsibility for use of ID and Passwords
    6. The user acknowledges and agrees that the user will be liable for all of the actions of individuals or entities accessing and using the MODIFI Hub utilising the Logins and Passwords, regardless of whether the user has authorised such individuals or entities to access and use the MODIFI Hub. This section will survive the termination or expiration of these Terms of Use (and any agreement between MODIFI and the user).

    7. Prohibited Use
    8. The user will not use the MODIFI Hub to:

      • interfere, disrupt or attempt to gain unauthorised access to other accounts on the MODIFI Hub or any other computer network;
      • use any device, software or routine, including but not limited to viruses, trojan horses, worms, time bombs, and cancelbots, which damage or hinder, or are intended to damage or hinder, the proper working of the web site, or to unlawfully intercept or expropriate any software, data or other information from the web site;
      • take any action that imposes an unreasonable or disproportionate load on MODIFI’s infrastructure.
    9. Access
    10. The user agrees that the MODIFI Hub may be inaccessible or inoperable from time to time for many reasons, including:

      • equipment malfunctions;
      • periodic maintenance procedures or repairs which may be undertaken from time to time;
      • causes beyond the control of MODIFI or which are not reasonably foreseeable by MODIFI; or
      • at other times at MODIFI’s sole discretion.

      MODIFI reserves the right, in its sole discretion and without notice, at any time and for any reason, to: remove or disable access to all or any portion of the MODIFI Hub; or suspend user’s access to or use of all or any portion of the MODIFI Hub.

    11. No Extraterritoriality
    12. Access to the MODIFI Hub and its content may not be legal by certain persons in certain countries. It is the responsibility of the user to verify if he/she is permitted to access this website.

  10. Cookies

    We want to ensure that your visit to our website is smooth, reliable and as useful to you as possible. To help us do this, we use cookies and similar technologies, such as javascripts (cookies), to make our website relevant to your interests and needs.

    1. What are cookies?
    2. Cookies are small text files that are automatically placed on your computer or mobile device when you visit our website. They are stored by your internet browser. Cookies contain basic information about your internet use. Your browser sends these cookies back to our website every time you revisit it, so it can recognize your computer or mobile device and personalize and improve your browsing experience.

    3. What type of cookies do we use?
    4. The cookies we use fall into 3 categories. These categories are described below:

      • Essential and functional cookies: Essential cookies are necessary to help you access and move around our site and use all its features. We also use functional cookies, for example to remember your language preferences to save you the trouble of having to change these every time you enter our website. Without these cookies, our website would not work properly and you would not be able to use certain important features.
      • Analytics cookies: We use cookies to help us understand how visitors arrived at our website, how and how long they use it and how we can improve their experience. This type of so-called "analytics" cookies can provide us with anonymous information to help us understand which parts of our website interest our visitors, if they experience any errors and otherwise to help us evaluate your use of the website. We use these cookies to test different designs and features for our sites and we also use them to help us monitor how our visitors reach our sites.

        We use Google Analytics provided by Google Inc. Google Analytics uses the cookies mentioned above, which are stored on your computer in order to enable the analysis of the use of the website by you. Cookie-generated information about your use of this website is usually transmitted to and stored on a Google server in the USA. We have set our Google Analytics to protect your privacy to the maximum extent. For example, we have concluded a data processing agreement with Google to protect your data. Also, we use the "Activate IP anonymization" function, to ensure anonymized collection of IP addresses (so called IP masking) and have turned off the setting which allows sharing data with Google. We are also not using any other Google Analytics related cookie services which are offered by Google.
      • Advertising, marketing and social media cookies: We may place advertising, marketing and social media cookies if you have given us your consent to do this. Advertisement and marketing cookies collect information about your browsing habits in order to make our content and advertising as relevant to you and your interests as possible. These cookies are also used to help us measure the effectiveness of our advertising campaigns by tracking the number of clicks. The cookies are usually placed by third party advertising networks. They remember the websites you visit and use this information to give you access to interesting and exciting content on our website and to show you more personalized adverts when you visit other websites. These cookies also help improve your browsing experience, for example by helping to prevent the same advertisement from continuously re-appearing to you. Additionally, social media platforms such as Twitter and LinkedIn can use cookies to see if you are logged in and allow you to "like" content or forward it to your friends. Depending on your settings, these third parties may use your information for their own purposes, such as advertising. If you would like to know more how these social media platforms use data, please refer to the privacy notices of these platforms.
    5. Managing your cookie settings and deleting cookies
    6. As explained above, we only place advertising and targeting cookies (including tracking cookies) if you have given us your consent for doing this. If you have given us your consent but would like the cookies that we have placed to be removed, you can do this by deleting them via your browser. Search for "cookies" under your web browser's "Help menu" for more information on how to do this.

      You can also enable or disable (types of) cookies via your browsing settings. For example, you can have the browser notify you when you receive a new cookie, delete individual cookies or delete all cookies. Most advertising networks offer you a way to opt out of advertising cookies. You can also prevent Google Analytics cookie-generated data about your use of the website (including your IP address) being passed on to Google, and prevent this data from being processed by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

      Please note that, if you choose to delete MODIFI cookies, your access to some functionality and areas of our website may be degraded or restricted.

    7. Data privacy and Cookies
    8. The data collected through the use of cookies may be personal data. For more information about the way in which we process personal data and your rights in relation thereto, we refer to our privacy statement which an be found here: www.modifi.com/privacy-policy. This also sets out your rights in respect of personal data processing and how you can exercise your rights under paragraph 7. We process essential and functional cookies as well as analytics cookies to safeguard our legitimate interests in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). The legitimate interest for the collection of personal data lies in ensuring the proper functioning of the website. This processing is necessary to ensure the proper functioning of the website. The nature of the cookies and the purpose for which it is used, leads to a limited impact on the privacy of the data subjects. In this regard it is relevant that our target customers are businesses and not consumers.

      We also use the reCAPTCHA feature of Google on our website. This function is primarily used to distinguish whether an input is made by a natural person or abusive by automated processing. The service includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. Additional information about Google reCAPTCHA and Google's privacy policy can be found at: https://policies.google.com/privacy?hl=en. We use Google reCaptcha to safeguard our legitimate interests as set out above.

      Where we require your consent to use advertising, marketing and social media cookies, your consent also extends to the data processing in connection with such cookies. In that case, the processing of your data is based on Article 6(1)(a) GDPR. You can withdraw your consent in the manner set out in paragraph 6.3 above.

      Cookies are stored on the user’s computer and transmitted to our site. Therefore, as a user you have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all of the website’s features in full.

  11. Governing law and jurisdiction
  12. These Terms of Use and Cookie Policy and all issues regarding the website and the MODIFI Hub are governed by the laws of the Netherlands. Any disputes arising hereunder will be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

Last updated: March, 2019

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