Bullfinch Asset Aktiengesellschaft, Opernplatz 14, 60313 Frankfurt am Main, Germany, registered at the local court of Frankfurt am Main under the registration number HRB 120334, email: info@bullfinch.com (hereinafter "Bullfinch"), represented by the management board consisting of Robin Haack and Hugo Merida-Barba, operates a platform (hereinafter "Platform") on the internet site www.bullfinch.com, which is exclusively aimed at professional clients (hereinafter „Institutional Investors") in the meaning of Annex II of the Directive 2014/65/EU of the European Parliament and the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU.
The Platform presents the opportunity to search for financing projects in the area of local clean energy infrastructure (hereinafter "Financing Projects") free of charge. Any participation in Financing Projects are speculative and are only presented to Institutional Investors which are able to bear the loss of the entire investment.
Neither the Platform nor the information and features provided on the Platform are directed at or intended for persons within the jurisdiction of any law that makes it unlawful to present Financing Projects or features of the Platform.
These terms of use (hereinafter "Platform Terms of Use") apply to the use of the Platform by Institutional Investors in searching for Financing Projects, including the processes related to the participation in Financing Projects.
The Platform Terms of Use do not govern any participation in a Financing Project.
Use of the Platform requires that the Institutional Investor registers to the Platform. There is no entitlement to registration. Bullfinch has the right to refuse a registration in individual cases. If the Institutional Investor registers to the Platform, this establishes a user relationship between the Institutional Investor and Bullfinch and these Platform Terms of Use apply.
Registration and use of the Platform is only permitted to professional clients in the meaning of Annex II of the Directive 2014/65/EU of the European Parliament and the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU. Any registration and use of the platform by persons other than professional clients in that meaning is expressly prohibited.
The Institutional Investor must provide the complete and correct data required for the registration and/or creation of a user account and update this data in the event of changes. Bullfinch may make the admission of an Institutional Investor dependent on suitable proof of its identity, provided that this is justified in the specific case with regard to the Institutional Investor's interests worthy of protection.
Institutional Investors may use the services presented by Bullfinch with the uniform login via the central customer area. The user account must only be used by the registered Institutional Investor himself. Should the Institutional Investor discover misuse of his user account, he must inform Bullfinch of this without delay.
Neither the registration to the Platform nor the use of the Platform impose or be deemed to impose on the Institutional Investor any obligation to participate in any Financing Project or to enter into any agreement or transaction of any kind with Bullfinch or with any other person in respect of any Financing Project.
The Institutional Investor acknowledges and agrees that Bullfinch, including its officers, directors, employees or advisers do not make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any information about the Financing Projects or any other information supplied by Bullfinch (except in case of gross negligence or willful misconduct).
Bullfinch is not under any obligation to update or correct any inaccuracy in information supplied by Bullfinch or be otherwise liable to the Institutional Investors or any other person in respect of the information and features presented on the Platform. Each Institutional Investor acknowledges that any reliance on such information is entirely at its own risk.
Bullfinch is not liable to the Institutional Investor or any other person for any loss or damage arising in connection with the use of the Platform and with messages sent to or from Bullfinch by ordinary email or any other electronic messaging system (except in case of gross negligence or willful misconduct).
In jurisdictions where limitation of liability is not permitted, Bullfinch’s liability is limited to the maximum extent permitted by law.
Bullfinch is not responsible for the successful brokerage or the realisation of any participation in Financing Projects. Bullfinch does not provide investment advice or any other advice in connection with the Financing Projects presented on the platform, whether through the platform or otherwise.
If Institutional Investors participate in Financing Projects, the rights and obligations of Bullfinch and the Institutional Investor arise exclusively from the contracts and agreements concluded in the context of the participation in the Financing Project.
Bullfinch collects the following data (hereinafter "Private Data") from the Institutional Investor as part of the registration process: company name, legal form, address, website/URL if applicable, tax identification number if applicable, name and telephone number as well as email address of the Institutional Investor's contact person.
When the Institutional Investor clicks on the submit button, the Private Data is transmitted to Bullfinch. The Institutional Investor will then receive a verification email at the email address he has provided. By clicking the activation link, the Institutional Investor's registration process is completed. By registering, the Institutional Investor consents to the processing of his data by Bullfinch.
The Institutional Investor agrees that the Bullfinch may communicate with the Institutional Investor through the user account or through other means including but not limited to email, mobile devices, smartphone devices and other digital electronic devices, telephone, or delivery services such as courier services and postal services; and that Bullfinch may contact the Institutional Investor to discuss the interest in the Platform and in the Financing Projects. The Institutional Investor acknowledges that Bullfinch reserves the right to record, monitor and retain copies of any and all communications made through or in connection with the use of the Platform.
The Institutional Investor may request details of personal information that Bullfinch holds about the Institutional Investor in accordance with the provisions of the applicable Data Protection Law and Regulations. If the Institutional Investor would like a copy of the information which Bullfinch holds about him or believe that any information Bullfinch holds on the Institutional Investor is inaccurate, out of date, incomplete, irrelevant or misleading, the Institutional Investor may email to Bullfinch at info@bullfinch.com.
There is no entitlement to the operation of the platform and the provision of the associated services to the Institutional Investors. Bullfinch has the right to discontinue the Platform and services in whole or in part at any time in individual cases or in whole.
Bullfinch reserves the right to amend these Platform Terms of Use at any time. Amendments to the Platform Terms of Use as well as the introduction of additional terms and conditions (hereinafter "Amendments") will be communicated to the Institutional Investor by email at least two weeks prior to the proposed effective date.
A Institutional Investor will be deemed to have approved the changes if the respective Institutional Investor does not object in whole or in part in writing or by email to info@bullfinch.com before the proposed date of entry into force of the changes. Bullfinch will make specific reference to this approval effect when transmitting the Amendments.
If the Institutional Investor objects to the Amendments, Bullfinch is entitled to terminate the user relationship with the Institutional Investor with effect from the date on which the Amendments become effective.
The user relationship is run for an indefinite period.
The user relationship may be terminated by the Institutional Investor at any time without notice in text form (e.g. by email to info@bullfinch.com). Bullfinch is entitled to terminate the user relationship with two weeks' notice to the end of the month in text form (e.g. by email to the Institutional Investor's contact person).
The right of mutual extraordinary termination for good cause remains unaffected.
In the event of termination, the user account will be closed and all stored data will be deleted, insofar as this is legally permissible. The termination of the user relationship between the Institutional Investor and Bullfinch does not affect the validity of any contracts concluded in the context of participation in Financing Projects.
If any provision of these Platform Terms of Use is determined to be invalid or unenforceable (in whole or in part) for any reason, the remaining provisions shall continue in full force and effect as if these Platform Terms of Use had been executed without the invalid or unenforceable provision.
The contractual and communication languages are English and German. Unless otherwise specified by Bullfinch to the Institutional Investor in the individual case, other languages are not available as communication language.
These Platform Terms of Use and any dispute or claim arising out of or in connection with them is governed by the laws of the Federal Republic of Germany. If there is no exclusive statutory place of jurisdiction, the court at Bullfinch's registered office (Frankfurt am Main, Germany) shall have exclusive jurisdiction for all disputes arising from or in connection with the user relationship.
