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1 Applicability of the Terms and Conditions
1.1. These terms and conditions for the website p2b.finance (www.p2b.finance) (hereinafter the “Terms and Conditions”) regulate the legal relations between the registered users (hereinafter the “User”) of the website p2b.finance (www.p2b.finance) and its subpages (hereinafter the “Portal Operator”, “Portal”, “Platform”, “Operator”, “P2B Finance”, “P2B”) and P2B Finance LTD (Registration number 11098691, 372 Old Street, Suite 1, London, EC1V 9LT, England, UK, e-mail firstname.lastname@example.org, hereinafter the “Portal Operator”), arising from the usage of the Portal.
1.2. By registering a user account with the Portal, the User agrees with the Terms and Conditions and thereby an agreement under these Terms and Conditions is concluded between the User who registers a user account and the Portal Operator.
1.3. The Portal Operator reserves the right to amend or supplement the Terms and Conditions or lay down additional conditions. These amendments and supplementations shall enter into force from the moment when the User has agreed to the new Terms and Conditions via the Portal.
1.4. With commencing the use of the Portal, the User confirms that they have read the Terms and Conditions, understood them and agrees to perform and follow them.
2 Service Provided by the Portal Operator and Prices
2.1. The Portal Operator shall enable the registered Users of the Portal to use the Portal for its intended purpose, first and foremost enter and/or become acquainted with real estate financing proposals (projects), make declarations of intent, conclude transactions. The Portal Operator has the sole right to change the Portal functionality and Terms and Conditions without advance notice, including limiting or adding functionality to the Portal.
2.2. Any and all expenses and fees related to the use of the Portal shall be paid by the User according to the Portal’s price list and the Portal Operator shall automatically debit (without an additional authorization from the User) the expenses and fees from the User Account (as defined in Article 4.1), for the transaction made in relation to which the Portal Operator has the right to request reimbursement of expenses or payment of a fee.
3 User Account
3.1. In order to use the Portal a person is required to register a user account in his name (hereinafter the “User Account”). Only private persons who have passed the Portal Operator’s background check to the extent that the Portal Operator deems necessary can register a User Account to their name. A person applying for registration of a User Account is required to submit to the Portal Operator any and all information that the Portal Operator requests. The Portal Operator has the unilateral right to refuse to open a User Account.
3.2. Upon registering a User Account, a person enters their contact information and other data required by the Portal Operator into the respective environment and selects a unique username and password.
3.3. The Portal Operator shall have the right to limit the rights of certain groups of Users (e.g. of persons who give loans via the Portal) in terms of specific usage rights, including limiting access and/or usage rights with respect to certain parts of the Portal.
3.4. In order to enter the Portal, a User is required to enter their username and password. In order to use the Portal, the Portal Operator may unilaterally request the User to identify him/herself via national ID card, bank link or any other identification method acceptable to the Portal Operator. In order to submit declarations of intent and give approvals that bear legal consequences, the Portal Operator may request the verification of the User’s signature via national ID card, bank link or mobile communication or any other authentication method.
4 Account Operations
4.1. After registering a User Account, a User has the opportunity to perform transactions via the Portal. Financial obligations and claims, which have arisen on the basis of the Terms and Conditions and/or as a result of transactions made via the Portal will be tracked by the Portal.
4.2. The Portal Operator may carry out background checks of a User to the extent that the Portal Operator deems necessary. The User is required to submit to the Portal Operator any and all information that the Portal Operator requests.
4.3. The User Account shall reflect, in the currency determined by the Portal Operator, the sum of funds transferred by the User to the Portal Operator for the purposes of performing transactions via the Portal and the funds received from other Users as a result of transactions concluded by the User via the Portal, from which sums payable to other Users as a result of transactions made by the User via the Portal and sums subject to payment or compensation according to the Terms and Conditions to the Portal Operator, shall be deducted.
4.4. The User can make declarations of intent via the Portal, including making offers to execute transactions via the Portal and conclude transactions only if the Account has a non-booked positive balance in the amount necessary for the transaction (i.e. a sum that is sufficient for perform the obligations of the User related to the respective transaction to the other party of the transaction and the Portal Operator) at the time of making the offer and concluding a transaction.
4.5. The User may transfer funds to the Portal Operator only from a bank account registered to the name of the User in a licensed credit or payment institution, which is registered or operating in a state which is a Contracting Party to the EEA Agreement or in a state where equivalent money laundering and terrorist financing prevention measures are applied (the Portal Operator shall have the right to request documents, which confirm compliance of the bank account with the conditions referred to herein). The User is required to indicate the individual reference number generated by the Portal for the User in the payment order.
4.6. If the bank account from which a transfer was made to the Portal Operator does not belong to the respective User or does not meet any other conditions set forth in Article 4.6, also if the reference number set forth in Article 4.5 is not indicated in the payment order, the Portal Operator shall have the right to transfer the sum back to the person who made the transfer and request from the User compensation of expenses related to returning of the payment (automatically deducting them from the Account).
4.7. The sum of the payment made by the User to the Portal Operator in accordance with Article 4.6 is registered in the Account and the User shall use it in order to perform obligations arising from transactions made via the Portal or Terms and Conditions to the parties to the transactions made via the Portal as well as to the Portal Operator.
4.8. Unless provided differently in the Terms and Conditions, the User may request from the Portal Operator, to the extent of the positive balance of the non-booked funds reflected in the Account, payment of the funds reflected in the Account to the User, by giving a payment order to the Portal Operator via the respective application of the Portal. The abovementioned order shall be considered as instructions of the User to the Portal Operator to transfer the sum referred to in the order (to the extent of the non-booked positive balance of the account) via a bank transfer to the bank account User.
4.9. The Portal Operator shall make payments to the User only to the bank account disclosed to the Portal Operator by the User. The User has the right to request from the Portal Operator to make the payments only to the bank account registered to the name of the User in a licensed credit or payment institution, which is registered or operating in a state which is a Contracting Party to the EEA Agreement or in a state where equivalent money laundering and terrorist financing prevention measures are applied. The Portal Operator shall have the right to refuse to make a payment to the bank account that does not belong to the User or does not meet any other conditions set forth in this Article (the Portal Operator shall have the right to request documents, which confirm compliance of the bank account with the conditions referred to herein).
4.10. If a User wishes to change the User’s bank account number previously provided to the Portal Operator, the User shall inform the Portal Operator of the new bank account number via the respective application of the Portal, thereby confirming that the bank account has been opened in the name of the User and complies with other terms and conditions set forth in Article 4.10;
4.11. The User shall cover the transfer expenses for the transfers made by the User to the Portal Operator. Expenses related to the payments made by the Portal Operator to the User and other expenses related to the payments made for the purposes of execution of transactions and activities by the User shall be reimbursed to the Portal Operator by the User according to the price list established by the Portal Operator. The Portal Operator shall have the unilateral right to change the aforementioned price list by publishing the new price list in the Portal at least 5 (five) working days before its entry into force.
4.12. As a mandatary, the Portal Operator shall keep the funds transferred to him by Users in the bank account, which the Portal Operator has opened on its name solely for this purpose in a licensed credit or payment institution, which is registered or operating in state, which is a Contracting Party to the EEA Agreement. The funds on the Portal Operator’s respective bank account are excluded from the Portal Operator’s assets. The Portal Operator shall keep the funds of the Users separately from its own funds. The funds transferred by the User to the bank account of the Portal Operator shall belong to the User to the extent of the positive balance of the Account. The Portal Operator shall not calculate interest on the funds of the User kept with the Portal Operator and no such interest shall be payable to the User.
5 The conclusion of Loan Agreements
5.1. If a User wishes to borrow funds from other Users for acquiring real estate, financing a real estate development project or for any other similar purposes, they will use the respective application of the Portal for borrowing the funds and shall submit any and all data required by the application, including data concerning the User, maximum amount of loan, minimum amount of loan, interest, loan period and data concerning the real estate property. Upon submitting an offer for borrowing funds, the User shall approve the conditions of the loan agreements to be concluded with the Users who wish to lend funds.
5.2. The information prepared by a User for borrowing funds is published to other Users in the Portal in its full extent along with the data on the borrower and any other additional data the Portal Operator considers necessary and which has been verified by the Portal Operator at their own discretion. Publication of information shall mean a binding offer for borrowing funds.
5.3. A User who wishes to lend funds selects his Account through which the loan agreement is concluded. A User can lend funds only from User’s Account’s non-booked funds that are displayed as a positive balance on their Account. A User cannot lend funds if the amount of loan to be lent and the sum paid to the Portal Operator upon executing the transaction exceeds the non-booked positive balance on their Account.
5.4. In order to lend funds, a User shall submit, through the respective application of the Portal, a declaration of intent to lend funds (i.e. an acceptance to lend funds), with which the User specifies the amount of loan offered by them and approves the conditions for the loan (lending funds according to the offer submitted by the borrowing User and standard terms and conditions of a loan agreement established by the Portal Operator). The terms and conditions of the loan that are not specified in the acceptance to lend funds or the offer submitted by the borrowing User shall be governed by the standard terms and conditions of a loan agreement established by the Portal Operator. The acceptance to lend to the Borrowing User shall be binding to the lending User. The lending User cannot unilaterally withdraw or cancel the confirmed acceptance unless provided differently by imperative legal provisions or the loan agreement.
5.5. By confirming the acceptance to lend, the User shall authorize the Portal Operator to book the positive balance on the lending User’s Account in the extent of the loan amount indicated in the acceptance and the sum payable to the Portal Operator upon the execution of the transaction (i.e. the respective sum cannot be used for making other transactions or no requests can be made to have it transferred to the User’s bank account). If the borrowing User withdraws from the loan agreement, the Portal Operator shall automatically release the booked sum.
5.6. With the confirmation of the acceptance to lend, a loan agreement is concluded between the lending User and the borrowing User. Such agreement shall be considered as concluded from the moment when the lending User accepts the offer. The loan agreement shall become effective with the confirmation of the acceptance to lend.
5.7. Users, who are parties to the loan agreement, have the opportunity to review the loan agreement in the Portal after the agreement has become effective.
5.8. If loan agreements in at least the minimum total loan amount have been concluded with the borrowing User, the Portal Operator shall settle the amounts booked on User’s Account after the submission of acceptance as follows. The Portal Operator shall automatically debit the lending User’s Account by the loan amount and credit the borrowing User’s Account by the loan amount. The Portal Operator shall automatically debit both parties’ Accounts in the extent of the sum payable to the Portal Operator for the execution of this transaction.
5.9. The borrowing User has the unilateral right to withdraw from the loan agreement according to terms and conditions stated in its loan agreement. In such case, the Portal Operator shall automatically refund the lending User the funds debited from or booked on their Account.
6 Fulfillment of Financial Obligations Via Account
6.1. Fulfillment of any and all financial obligations resulting from transactions performed via the Portal and from the Terms and Conditions shall be carried out via Account unless provided differently in the Terms and Conditions. No other financial obligations can be fulfilled, or payments made through the Account. Among other things, it is forbidden to make payments from one Account to another Account, except for the payments made automatically and according to the Terms and Conditions by the Portal for the purposes of executing the transactions concluded through the Portal.
6.2. A User may present declarations of intent (including making offers and giving acceptances) through the Portal only in the amount of the non-booked funds reflected as positive balance on the User’s Account, of which no other User’s financial obligations or instructions shall be executed according to the procedures established in the Terms and Conditions. The Portal Operator shall have the right to establish limitations or additional requirements regarding the minimum or maximum balances on Accounts at its own discretion.
6.3. Upon presenting a declaration of intent (including making an offer and giving an acceptance) the User shall give the Portal Operator an irrevocable order, without having to present additional declarations of intent, to debit the User’s Account in order to fulfil any financial obligations arising from the use of the Portal and execute transactions made through it pursuant to the Terms and Conditions, to the extent and at the time established in the transaction, and credit the payment’s recipient’s Account respectively.
6.4. A User shall be obliged to ensure a sufficient non-booked credit balance on their Account in order to perform obligations arising from any transactions made by them in a due and timely manner. The User shall be liable for the violation of the aforementioned obligation according to the terms and conditions of the transaction underlying the obligation.
6.5. The Portal Operator shall have the right to use the funds transferred to them and reflected in the User’s Account for the purposes of executing the transactions and activities performed through the Portal by the User in accordance with the Terms and Conditions and the transactions concluded during the use of the Portal. Among other things, the Portal Operator shall have the right to use the respective funds for covering the debts of the User to other Users, third parties (if so provided by the legal acts or decisions of the courts or competent authorities) or the Portal Operator by executing the respective transactions within reasonable time. The Portal Operator shall not use and the User shall not request that the Portal Operator should use Portal Operator’s funds to fulfill the financial obligations of the User.
6.6. If the Account lacks sufficient funds for fulfilling several obligations that have become simultaneously collectible, the payments made for fulfilling the obligations that have become simultaneously collectible shall be made proportionally to the amount of the obligation.
7 General Rights and Obligations of the User
7.1. In addition to other obligations set forth in the Terms and Conditions, a User shall be obliged:
7.1.1. Not to use the Portal for illegal transactions or activities, including fraud, money laundering or other similar activities, and to be polite and respectful towards other Users and the Portal Operator;
7.1.2. To use the Portal through web browsers intended for general purposes and not through the programs that send automatic queries to the Portal for whichever purposes. It is forbidden to use, including but not limited to, robots, spiders, scrapers and other automatic data entry and processing devices. The User is forbidden to perform any activities that disturb or hinder Portal’s intended usage by the Portal Operator or other Users, including refraining from overloading the Portal’s computer network and servers;
7.1.3. To submit only truthful data and information upon registering the User Account. If the User discloses unverified or uncertain data or information during the usage of Portal, the User shall be obliged to indicate it upon disclosing such data or information. The User shall be liable for the damages caused by the violation of the obligation set forth in this article with respect to the Portal Operator and other Users, first and foremost in case where the Portal Operator or another User has submitted a declaration of intent or executed a transaction presuming correctness of such false data. The Portal Operator does not verify the correctness of the information submitted by the Users and shall not take any responsibility for the correctness and truthfulness of the data submitted by the Users;
7.1.4. To keep the data and devices necessary for logging in to the User Account of the Portal, including the ID card, respective passwords and user IDs and authentication devices in a manner that prevents third parties from gaining possession of them. However, if a third party enters the Portal through User’s User Account, any and all provisions arising from the Terms and Conditions shall apply;
7.1.5. To inform the Portal Operator immediately about transferring or losing the data and devices enabling logging in to the User’s User Account to third parties and the usage of the Portal by the third parties, and about the risk of unauthorized use of the User Account that may occur respectively;
7.1.6. To inform the Portal Operator as soon as possible of any changes in the data submitted upon opening the User Account. Until the Portal Operator is informed of the changes in the data, the Portal Operator shall consider the data submitted by the User upon opening of the User Account as the valid data of the User.
7.1.7. Pay to the Portal Operator fees for the use of the Portal in accordance with the price list of the Portal Operator, effective at the time of providing the respective service and pursuant to other agreements (if available) entered into with the Portal Operator.
7.2. Up until 1 (one) working day has passed from the receipt of the notice set forth in Article:
7.2.1 by the Portal Operator, the declarations of intent and transactions made through the User Account and respective User’s Account(s) shall be considered as the declarations of intent and transactions of the User of the respective User Account and they shall be binding for the User even if the User has not executed such transactions. The respective User shall be liable for the damages caused by the unauthorized use of the User Account, except in specific cases when the User’s liability is limited by the respective imperative provisions of applicable law.
7.3. In addition to other rights set forth in the Terms and Conditions, a registered User shall have the right to:
7.3.1. Enter the Portal by using logging in functionality, which is secured by the necessary measures determined at the Portal Operator’s discretion;
7.3.2. Use the functionalities of the Portal if the User complies with the requirements established for using the specific functionality;
7.3.3. Review the User data saved by the Portal Operator, amend such data and request the Portal Operator to cease processing it in accordance with the provisions of Article 8.3;
7.3.4. With prior consent of the Portal Operator, authorize User’s representative to use User’s User Account and register him/her as the authorized User of the User Account;
7.3.5. Provide feedback regarding the services offered by the Portal and respond to the surveys, including the service quality assessments, carried out by the Portal Operator.
8 Processing of User Data
8.1. For the purposes of these Terms and Conditions, personal data shall be any and all data and information on a User who is a private person, which this User has disclosed upon registering their User Account or Account, using the Portal and making declarations of intent via the Portal, or which the Portal Operator has learned about such User from third parties. Provisions of this Article 8 that refer to any data shall also be applicable to personal data.
8.2. By registering a User Account and/or disclosing data, the User shall ensure that any and all data submitted by them to the Portal Operator is truthful and up to date, and confirm that they are aware of and consent to the fact that any and all legally collected data regarding the User which are in the possession of the Portal Operator, regardless of their origin, shall be processed by the Portal Operator for the purposes related to the possibilities of use of the Portal and to the extent necessary for it, as well as according to the bases and procedure established in legal acts.
8.3. The User is aware of and hereby gives their consent in his/her and in the User(s) name for validating the correctness of the data submitted to the Portal Operator and for obtaining additional data from third parties (the consent shall include data of the User(s)). For the abovementioned purposes, the Portal Operator has the right to forward the User’s data to third parties.
8.4. A User, who is a private person, has the right to withdraw their consent for processing personal data at any time, request to cease of processing of personal data, terminate the access to them and deletion or closing the collected personal data provided that the User or any of the Users related to them have no on-going process of concluding an agreement via the Portal and no valid agreement concluded via the Portal, and provided that the legal acts do not oblige the Portal Operator to save data. Upon withdrawing the consent to process personal data the User’s User Account shall be closed.
8.5. The Portal Operator shall be obliged to keep the Users’ data confidential. The Portal Operator shall have the right to disclose User’s personal data to third parties, including other Users, only in cases set forth in the law and Terms and Conditions.
8.6. The Portal Operator shall have the right to disclose (personal) data of a User (including User(s)) to other Users of the Portal, persons belonging to the same group as the Portal Operator and persons who provide the Portal Operator with legal assistance, accounting, auditing or any other services, which presume processing of Users’ personal data, provided that the respective service provider has undertaken the obligation towards the Portal Operator not to disclose the respective personal data to third parties.
8.7. The Portal Operator shall have the right to process the data submitted by the User and data generated during the User’s use of the Portal at any time for statistical purposes and disclose the resulting statistical data, ensuring that it would be impossible to connect the data directly to any specific User.
8.8. The Portal Operator shall have the right to use the e-mail address of a User (including User(s)) for the purposes of forwarding to the User information, advertising and offers from the Portal Operator or its cooperation partners.
9 Intellectual Property
9.1. Any and all intellectual property rights to the Portal, including the structure, web design elements, texts and other components of the Portal, and the intellectual property rights related to them (including the intellectual property rights to trademarks, logos, brands, software, databases, news, messages, texts, graphic, musical and other design) belong to the Portal Operator, unless the rights of another person are referred to with regard to a component, or information has been entered by the Users of the Portal. Users (including Users) shall not be allowed to change, reproduce, disseminate, process, translate, make extracts from, forward, include in other databases or make public the Portal or any of its contents or components or use it in any other manner that is beyond the intended purposes of the Portal without the prior written consent of the Portal Operator. Furthermore, the User shall not be allowed to grant sub-licenses for using the Portal or any of its contents or components or create new objects of intellectual property based on them.
9.2. Users are allowed to publish only such material in the Portal for which they have intellectual property rights to the extent that is necessary for publishing the respective materials in the Portal. A User shall be fully responsible for the materials published in the Portal by them and shall be obliged to compensate to the Portal Operator any and all expenses and damages caused (including indirect damages) that are related to the use of material published by the User in the Portal in an unauthorized manner or in a manner that otherwise violates rights arising from intellectual property.
9.3. With publishing of any material in the Portal by the User, the User shall give their unconditional and free consent to the Portal Operator to store, disseminate and publish such material in accordance with the Terms and Conditions and to change or process in any other manner to the extent that is necessary for the intended use of the Portal.
10.1. Although the Portal Operator shall take all measures to ensure correctness and reliability of information published in the Portal, the Portal Operator shall not be liable for publishing incorrect or misleading information in the Portal, or for a violation committed or being continuously committed through the Portal, or consequences thereof, of which the Portal Operator is not aware or for which it has taken measures for correcting the information, ending a violation or eliminating consequences thereof.
10.2. The Portal Operator shall not be liable for the correctness and completeness of information received from third parties if the Portal Operator forwards or discloses it in the Portal in the same format as it was forwarded or made available to the Portal Operator in any other manner. If a User discovers incorrectness of information contained in the Portal, they shall be obliged to inform the Portal Operator as soon as possible.
10.3. The Portal Operator shall not be liable for information, opinions and any other content published on websites belonging to third parties to which the Portal directly or indirectly refers or to which links have been published in the Portal.
10.4. The Portal Operator shall not be liable to other Users or third parties if a User violates an obligation set forth in the Terms and Conditions, any other agreement concluded with the Portal Operator, legal act or agreement concluded between Users. The Portal Operator shall be liable for the obligations arising from a transaction concluded through the Portal only if the Portal Operator is a party to a specific transaction.
10.5. If a User causes damages to the Portal Operator by violating any of the obligations, the User shall be obliged to fully compensate the respective damages to the Portal Operator at first request.
10.6. The Portal Operator shall not be liable for the damages that were caused to a User or third parties in relation to the fact that the Portal Operator used their legal remedies (e.g. removed information from the Portal or limited access to it, limited or restricted User’s access to their User Account or Portal), if it was necessary due to a complaint submitted regarding User’s violation, Portal Operator’s suspicion of violation or suspicion of unauthorized use of a User Account or Account or directly due to the fact that information or a User’s conduct is in violation of the Terms and Conditions or legal acts. In such case the Portal Operator shall not be liable for the damages caused even if a complaint or suspicion was unfounded or it later appears that the case did not constitute a violation.
10.7. The Portal Operator shall not be liable for the temporary interruption in the access to the Portal or its functionality.
10.8. Other damages or loss of profit shall not be subject to compensation. The Portal Operator shall not be liable if a service provider or any other third party used by the Portal Operator causes the violation of obligations.
10.9. The Portal Operator shall not be liable for settling disputes between the Users that arise from using the Portal but reserves the right to interfere in such disputes at their own discretion if necessary, and in case of violation of the Terms and Conditions, apply, including other possibilities, the provisions of Article 11.2.1.
11 Duration of Use of the Portal and Termination of Use
11.1. User Accounts in the Portal are opened without term. If a User and related User have no valid agreements concluded via the Portal and they no longer wish to use the Portal, they can close the User Account and related Accounts and terminate the agreement concluded with the Portal Operator without advance notice. For that purpose, they need to send the respective application to the Portal Operator to the e-mail address email@example.com.
11.2. The Portal Operator shall have the right to limit or cancel a User’s right to use the Portal and close a User Account and related Accounts (as defined in Article 4.1), as well as to terminate an agreement concluded with a User at any time without advance notice if it appears that:
11.2.1. The User violates or has violated the Terms and Conditions or any other User obligations;
11.2.2. The User does not accept new Terms and Conditions upon first logging into the Portal after the new Terms and Conditions have been made available in the Portal;
11.2.3. The User has submitted to the Portal Operator or other Users data and/or information that is incorrect, misleading and/or inaccurate;
11.2.4. The User behaves upon using the Portal in bad faith, without dignity, illegally or in contradiction with the moral standards recognized in the society;
11.2.5. The Portal Operator has discovered a circumstance based on which there may be a suspicion that third parties have gained possession of the data and devices allowing logging into the User’s User Account and using of the Portal and the User Account could be used by an unauthorized person.
11.3. The Portal Operator shall have the right to close the Portal.
11.4. Upon closing the Portal or in cases set forth in Articles 11.2 and 11.1 (if the User can no longer use the Portal):
11.4.1. The transactions made through the Portal shall remain in force under the terms and conditions set forth therein and;
11.4.2. The settlements arising from transactions made between the respective User and other Users shall thereafter take place through the bank accounts of the respective User and other Users on the basis of the payment orders given by such Users (for the purposes of clarity: after the expiry of the right to use the Portal, the Portal Operator shall not be responsible for making or receiving payments on behalf of the Users). The Portal Operator shall inform the Users who have valid transactions made through the Portal with a User who no longer has the right to use the Portal of the expiry of the respective User’s right to use the Portal and;
11.4.3. The Portal Operator shall pay the positive balance registered in the Account (as of the moment of expiry of the right to use the Portal), deducting the sums payable to the Portal Operator, to the bank account of the User within 10 (ten) working days from the expiry of the right to use the Portal.
12 Sending Notices
12.1. The notices sent to the User’s mailbox shall be considered as received within 24 hours of sending, including they shall be considered as received by all Users of the Accounts related to the respective User Account.
13 Other Conditions
13.1. If an article of the Terms and Conditions proves to be void due to contradicting the law, it shall not influence the validity of other articles.
13.2. Disagreements and disputes arising from the fulfillment of the Terms and Conditions shall be settled by the parties primarily through negotiations. The Portal Operator shall have the unilateral right to establish a procedure for extrajudicial settling of disputes. If settling of disagreements through negotiations is impossible, the dispute shall be settled in general court.