Terms and Conditions of Financial Fairplay AG (“FFP”)

Last Updated: 13 June 2023

1. Introduction

1.1 These Terms and Conditions govern your use of the trade finance services either as a potential investor or as an business partner looking for trade financing, provided by FFP. By engaging with us or by using any of our services, you signify your acceptance of these Terms and Conditions.

1.2 If you do not agree with any part of these Terms and Conditions, you must not use our services.

2. User Eligibility

2.1 Our services are solely designed for use by businesses and individuals who can enter into legally binding contracts under applicable law. By using our services, you represent and warrant that you are of legal age to form a binding contract and are not a person or company barred from receiving services under the laws of any applicable jurisdiction.

3. Privacy Policy

3.1 Our Privacy Policy, which explains our practices pertaining to the collection and use of your information through or in connection with our services, is incorporated into these Terms and Conditions.

4. Account

4.1 To use certain services, you may be required to register an account with us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. FFP will do a full due diligence and keeps the right to refuse any potential investor or as a business partner without the need to give detailed reasoning.

4.2 You are responsible for safeguarding your account information. You are also responsible for all activities that occur in your account.

5. Use of Services

5.1 You must not misuse our services. You must not, among other things: use our services for any unlawful purpose or in violation of any laws or regulations, including trade regulations and export controls.

6. Trade Finance Transactions

6.1 We facilitate the conduct of trade finance transactions. Any transaction you enter into is solely between you and the other party. FFP will just act as a third party financer.

6.2 You assume all risks associated with any such transactions, including the risk of fraud or disputes. We disclaim all liability associated with your transactions.

6.3 If FFP acts as a third-party financer for a business partner, the goods purchased will be pledged to FFP until full payment as per the agreed payment terms. All goods are financed under the condition that once paid title passes onto FFP without any restrictions. If the business partner does not fulfill its financial obligations to FFP within the agreed time, FFP may use the goods in the best possible way to recover its investment.

6.4 This point 6. supersedes any and all contractual obligations that the business partner may have entered with the supplier.

7. Risk Warning

7.1 Trade finance carries certain risks. These may include credit risk, interest rate risk, foreign exchange risk, and liquidity risk. You should consult with a financial advisor or conduct your own due diligence before entering into any trade finance transaction.

8. Indemnity

8.1 You will indemnify, defend and hold us harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) your use or misuse of our services, (b) your violation of these Terms and Conditions, (c) any content you provide through our services, or (d) your violation of any law or the rights of a third party.

9. Intellectual Property Rights

9.1 Unless otherwise stated, all materials on our services, including, but not limited to, logos, images, text, illustrations, audio, and video files are protected by copyrights, trademarks, and/or other intellectual property rights owned, controlled, or licensed by us.

10. Termination

10.1 We may, in our sole discretion, terminate or suspend your account and access to our services at any time, for any reason, without notice and without liability to you.

11. Governing Law and Jurisdiction

11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland. Any disputes arising out of or relating to these Terms and Conditions or your access to or use of our services will be subject to the exclusive jurisdiction of the courts of Zug.

12. Changes to these Terms and Conditions

12.1 We reserve the right, at our discretion, to change these Terms and Conditions at any time. We will notify you of any such changes by any reasonable means, including by posting the revised Terms and Conditions on our services.

Cancellation Policy

Order Cancellation: Purchaser may cancel any order in whole or in part, without liability if, (i) Products have not been shipped as of date of receipt of notice of cancellation, (ii) Product deliveries are not made at the time and in the quantities specified; (iii) Products infringe or are alleged to infringe any patent, trademark, copyright or trade secret right or (iv) Products fail to comply with any applicable law or regulation, (v) Products that arrive damaged. To cancel, Purchaser shall give notice to the Vendor within 14 days after receipt of the goods in writing, and to the extent specified therein, Vendor shall immediately reimburse the Purchaser.