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1. 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”, “Portal”, “Operator”, “P2B Finance”, “P2B”).
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 primary purpose of the service provided by the Portal Operator is to introduce Users to each other in order to enable Users, through the Portal, to borrow money from one another, by way of paid loans, in order to assist Users towards the funding of their business. The services provided by the Portal Operator relate to introductory functions only and, among other, the services provided by the Portal Operator and the security agent do NOT include the following:
• guaranteeing or otherwise underwriting the availability or accessibility of funds to the Users, or ensuring the performance of the financial obligations of the User(s);
• accepting deposits or other refundable instruments or giving of loans or other financings on its own account or behalf;
• providing investment advice or legal advice;
• undertaking real estate and energy sector related transactions or providing advice in respect of the same;
• provision of payment services.
The Portal Operator performs an administrative function in the execution and performance by the Users of loan documents with the view to facilitating loans between Users and communication between users. When collecting any amounts owed by a borrower, the Portal Operator and/or the security agent acts at its own discretion on the basis of what the Portal Operator considers to be, and in the Portal Operator’s experience is, in the best interests of the lender.
The portal operator and the security agent are not parties to the loan contract(s) entered into via the Portal but in certain cases the Portal Operator and/or the security agent are entitled to rely on the provisions of the loan contract and demand on their own behalf the performance of certain provisions of the loan contract.
Among other, the Portal Operator and security agent are NOT liable for:
• the performance of a User’s (including borrower’s) obligations;
• the trueness or accuracy of information and/or confirmation(s) published or provided by a User (including a borrower) in the portal or any loan document and no warranty or representation is made by either the Portal Operator or the security agent in respect of the same. This exclusion of liability shall also apply to any details and other information published in the Portal in respect of projects and users;
• any disruptions or impediments that may occur in the operation of the credit institution, including any losses which may directly or indirectly be incurred as a result of the insolvency or moratorium of such credit institution or any other similar event;
• losses incurred as a result of any act or failure to act by the third parties whose economic or professional activity includes the collection of debts and the provision of related services;
• the scope, content, suitability and enforceability of contracts and other legal documents used in the Portal, including those used for the carrying out of transactions through the Portal;
• any bugs or disruptions that occur in the Portal or amendments made in the Portal or the consequences of termination of the operation of the Portal;
• the trueness and accuracy of any forecasts, including financial indicators and forecasts of any project, published in the Portal and no warranty or representation is made by neither the Portal Operator nor the security agent in respect of the same;
• any circumstances that derive from or depend on the identity of a User;
• any non-patrimonial damages, loss of profit or other indirect losses, or other damages caused as a result of its conduct other than intentional misconduct.
Permission for a User to make a loan request and assigning a risk category to it in the Portal does NOT constitute any of the following:
• an investment recommendation or other endorsement by the Portal Operator in respect of the relevant loan request;
• the Portal Operator’s confirmation or any other indication that the person making the loan request is creditworthy;
• the Portal Operator’s confirmation that the relevant project is viable;
• the Portal Operator’s confirmation that the investor will get the relevant investment back or make any profit from it.
The Portal Operator may make changes in the Portal, including expanding, changing or removing its functions, at its own discretion at any time without asking permission of the Users for it or giving prior notice to the Users. Among other, the Portal Operator may terminate the operation of the Portal at its own discretion at any time.
2. Crowdfunding investments offer great opportunities, but they are risk investments. In the worst case, the entire investment amount may be lost, so crowdfunding investments are unsuitable for retirement plans. However, there is no obligation to make further contributions. Investors can minimize the risk by splitting their investment amount between several equity-based crowdfunding projects rather than investing all of it in a single equity-based crowdfunding project. Professional investors often follow this strategy because it causes the risk to be distributed among several investments. In this way, successful investments can balance other less successful investments;
3. P2B FINANCE LTD does not provide investment counseling or any other kind of counseling. No information or consultancy contract is concluded. P2B FINANCE LTD is not obliged to provide information about ongoing developments within the equity-based crowdfunding project;
4. If the company becomes insolvent, the claims of the Lenders will be satisfied from the assets in the insolvency;
5. P2B FINANCE LTD is convinced by the idea and the team of the equity-based crowdfunding projects presented on the website. The information on the equity-based crowdfunding projects published on the p2b.finance (www.p2b.finance) website is provided solely by the equity-based crowdfunding projects. P2B FINANCE LTD does not check the plausibility of the data provided by the equity-based crowdfunding project or the profitability of the equity-based crowdfunding project;
6. The information on the companies published on the p2b.finance (www.p2b.finance) website is provided solely by the companies. The projections made by the companies do not guarantee successful development of the company in the future. Consequently, crowdfunding investments are only suitable for investors who can cope with the risk of a total loss of the capital invested. All investors make their own independent investment decisions and bear any risks themselves;
7. Participation in an equity-based crowdfunding project is a rare opportunity. Thus, there is only a limited market for participations in equity-based crowdfunding projects. Because of the lack of an appropriate market, the sale of participations in equity-based crowdfunding projects is possible only to a limited extent;
8. It is the responsibility solely of the Customer to decide whether to invest in equity-based crowdfunding projects by means of the p2b.finance (www.p2b.finance) website and in which equity-based crowdfunding project to invest. The information available on the p2b.finance (www.p2b.finance) website does not constitute a consultancy service of P2B FINANCE LTD and it cannot replace professional advice. Consequently, P2B FINANCE LTD recommends that Customers inform themselves about the legal, economic, and tax-related consequences of purchasing a participation before the investment in an equity-based crowdfunding project and during the holding period if necessary. Each purchase of a participation may lead to the loss of the entire investment amount. Therefore, Customer should only invest money whose potential loss they can bear;