General Terms and Conditions for www.giromatch.com

The following is a translation of the German Terms & Conditions of GIROMATCH GmbH. In case of any ambiguities between the German and English versions of the GTC, terms should be understood to refer to their German equivalent and shall be interpreted according to German law.

For the services offered on www.giromatch.com (hereinafter referred to as the “Platform”) by GIROMATCH GmbH, a limited liability company (GmbH) under German law, located at Ludwigstraße 33, 60327 Frankfurt am Main, registered at the local court: Amtsgericht Frankfurt am Main, HRB 99869, represented by the managing directors: Daniel Conradt and Sascha Wolf (hereinafter referred to as “GIROMATCH”), and the corresponding content in newsletters or social media by GIROMATCH, the following General Terms and Conditions apply.

For the sake of simplicity, the masculine form of language is chosen. This includes both men and women. This does not imply discrimination.

I. General Provisions

§ 1 Scope of Application, Object of the Contract, Language

• These General Terms and Conditions (hereinafter referred to as “GTC”) exclusively apply to any use of this platform and all services provided by GIROMATCH to the users of the platform (hereinafter referred to as “Users”), as well as all business relationships between GIROMATCH and the Users of the platform, unless they are supplemented or replaced in individual cases by mandatory divergent law or another explicit agreement between the Users and GIROMATCH. Any contract terms of Users that deviate from the GTC of GIROMATCH shall not apply.
• In case GIROMATCH promotes, compares, and presents products or services of third parties (e.g., in testimonials), the GTC of GIROMATCH only apply to the associated service offering by GIROMATCH on the platform. Contracts for the use of the advertised, compared, or presented products and services are concluded with the respective provider. There is a contractual relationship between selected providers and GIROMATCH (hereinafter referred to as “Cooperation Partners”).
• Any communication from GIROMATCH to Users will be conducted in German or English. Our GTC are available in German and English (contract language). In case of any ambiguities between the German and English versions of the GTC, terms should be understood to refer to their German equivalent and shall be interpreted according to German law.

§ 2 Service Offering by GIROMATCH on the Platform

• GIROMATCH provides Users with an infrastructure through the platform. It enables Users to independently gather information about suitable payment cards, accounts, and loans. To this end, GIROMATCH provides product comparisons, tests, and testimonials on the platform, making them accessible to Users, and provides links to the websites of the associated providers. In doing so, GIROMATCH facilitates the search for suitable offers and their corresponding providers. In this context, GIROMATCH also cooperates with selected Cooperation Partners, particularly in the form of affiliate marketing. Separate provisions regarding this can be found under Section II.
• If a User decides to submit a non-binding loan inquiry, apply for one of the compared cards, or open an advertised account, and the corresponding provider is a specific Cooperation Partner of GIROMATCH, GIROMATCH facilitates the conclusion of a contract between the User and the Cooperation Partner by collecting User data through an input mask on the platform and transmitting it to the respective Cooperation Partner via an interface in the event of a positive preliminary examination. Separate provisions regarding this can be found under Section III.
• When creating an inquiry, the User is assigned a password that allows them to access their user account and continue or repeat the inquiry at a later time. The User should change the password upon first use of the platform.
• As part of GIROMATCH’s social commitment, GIROMATCH periodically offers scholarships on the platform. Separate provisions regarding this can be found under Section IV.
• GIROMATCH does not provide consulting or payment transaction services. Any information about products or services (e.g., loan offers) or other information provided by GIROMATCH is solely for the purpose of facilitating independent decision-making by the User.

§ 3 Distinction from Contracts with Third-Party Providers

• GIROMATCH is not a bank (cf. § 1 Banking Act).

• Loans are not granted by GIROMATCH but always by a bank or another lender (hereinafter collectively referred to as “Lender”). In the event of a loan being granted, a loan agreement is concluded exclusively between the User and the Lender.
• Payment cards and accounts are also not issued by GIROMATCH but always by a bank or a credit card institution. In the event of the issuance of a payment card or an account, a contract for the payment card or the account is concluded exclusively between the User and the bank or credit card institution.
• In the context of a contractual relationship pursuant to paragraphs 2 and 3 of this provision or in the case of other additional contractual relationships, the respective contractual conditions and general terms and conditions of the respective bank, Lender, credit card institution, or other contracting partner concluding the contract shall apply.

§ 4 Authorization to Use

Only individuals who have reached the age of 18, have unlimited legal capacity, and act on their own behalf are authorized to use the services.

§ 5 Costs/Commission

• GIROMATCH provides its service offering according to § 2 free of charge to Users.
• GIROMATCH receives a commission solely in the event of the successful conclusion of a contract between the User and a Cooperation Partner regarding the products or services advertised, compared, or presented on the platform, as well as in the event of the successful registration of the User on the website of a Cooperation Partner.

§ 6 User’s Responsibility

• The User is solely responsible for the completeness, accuracy, and truthfulness of all data entered by the User in input masks of the platform or otherwise transmitted to GIROMATCH. If the User provides incorrect, false, or insufficient information, GIROMATCH is entitled to leave the User’s inquiry unprocessed.
• The User is obligated to keep the password of their user account confidential and to change it immediately if there is reason to believe that unauthorized third parties have gained or could gain knowledge of the password.
• In the event of the intentional transmission of false or untrue personal data by the User, GIROMATCH reserves the right to exclude the User from using the service offering and to claim compensation for resulting damages.

§ 7 Liability of GIROMATCH

• GIROMATCH shall be liable without limitation for intent and gross negligence, as well as for damages resulting from the violation of life, body, or health based on a culpable breach of duty by GIROMATCH, a legal representative, or vicarious agents of GIROMATCH.
• For damages resulting from a negligent breach of material contractual obligations by GIROMATCH, for which GIROMATCH is responsible, liability shall be limited to the typically foreseeable damage. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the existing contract with GIROMATCH and on whose compliance the User regularly relies or may rely.
• In all other cases, GIROMATCH shall only be liable in the event of willful misconduct, assumption of guarantees, or other strict liability.

II. Separate Provisions for the Information and Links Accessible on the Platform, in the Newsletter, and on Social Media

The following provisions also apply to the information and links accessible on the platform, in the newsletter, or on social media regarding products or services of Cooperation Partners or other providers:

§ 8 Provision of Information and Links, Advertising

• GIROMATCH provides Users with various information on the platform. This includes, in particular, but is not limited to:
• Presentation of loans, payment and credit cards, as well as accounts for comparison
• Disclosure of testimonials and reviews for loans, payment and credit cards, as well as accounts
• Provision of other credit and financial-related information and study results.

In this context, GIROMATCH also provides links to websites and product- and service-related information from Cooperation Partners and other providers. This may include advertising for products and services of the Cooperation Partners through affiliate marketing, for which GIROMATCH may receive a commission from the respective Cooperation Partner.

• The information and links provided do not constitute advice by GIROMATCH. They are intended to serve Users as mere sources of information and/or promote the products and services of the Cooperation Partners.
• The information and links provided also do not constitute an offer to enter into contracts with GIROMATCH, Cooperation Partners, or other providers. GIROMATCH neither acts as an agent or representative for the Users or Cooperation Partners, nor can Users on the platform enter into contracts for the advertised products and services of the Cooperation Partners and other providers. Through the platform, Users are only redirected to the websites of the Cooperation Partners and other providers using the links provided by GIROMATCH. Contracts for the products and services with the respective Cooperation Partners and other providers can only be concluded directly on these websites.
• Paragraphs (1) to (3) of these provisions shall also apply to information and links in the newsletter and social media.

§ 9 Responsibility for the Information and Links

• GIROMATCH is only responsible for its own information made accessible on the platform, in the newsletter, or on social media. G
• IROMATCH is not responsible for the third-party content of the linked websites, the advertising for the products and services, or other content of the Cooperation Partners and other providers.
• If GIROMATCH becomes aware of unlawful third-party content, the respective information or link will be promptly deleted.

III. Separate Provisions for the Mediation of Products and Services, Especially Loans (Matching)

The following provisions also apply to the mediation of products (e.g., payment cards or accounts) or services (e.g., loans) through the platform (e.g., within the scope of product comparisons or testimonials):

§ 10 Conclusion of the Matching Agreement with GIROMATCH

• The presentation and promotion of products and services by GIROMATCH on the platform do not constitute a binding offer to conclude a corresponding Matching Agreement with GIROMATCH. The products and services presented and promoted on the platform also do not constitute an offer by the providers for the conclusion of a contract or related advisory services, including by GIROMATCH.
• By submitting an individual inquiry, the User makes an offer to conclude a Matching Agreement. For this purpose, the User must fill out the input mask provided on the platform for the selected product or desired service and submit the inquiry by clicking the “Submit Inquiry” button.
• GIROMATCH accepts this offer by conducting the matching process according to § 11.

§ 11 Matching Process, Third-Party Intermediary, Duties of GIROMATCH

• Based on the data provided by the User in the inquiry, GIROMATCH conducts a comparison with its Cooperation Partners. Within this comparison, it is checked whether a suitable provider for the User’s inquiry or at least a suitable third-party intermediary can be identified (referred to as “Matching”). If no suitable Cooperation Partner is found, the User is free to submit a new inquiry through the platform. However, if a Matching occurs, GIROMATCH forwards the data provided by the User in the inquiry to the matched Cooperation Partner for a preliminary examination.
• If the preliminary examination is favorable for the User, GIROMATCH provides the User with a link on the platform and/or via email. The link redirects the User to the website of the matched Cooperation Partner. After clicking the link, the User must confirm the data provided in the inquiry to the matched Cooperation Partner or, if the Cooperation Partner requires additional information, supplement the data. If no suitable provider is found among the Cooperation Partners during the comparison conducted by GIROMATCH but a suitable third-party intermediary is found, the third-party intermediary takes over the search for a suitable provider for the User.
• The User expressly agrees to this when clicking the link to the intermediary’s website and availing themselves of the services offered on that website. In this case, the contractual terms and conditions of the accepting third-party intermediary shall apply.
• GIROMATCH does not assume any obligations beyond the execution of the aforementioned Matching process. GIROMATCH is not a party to the contract concluded between the User and the selected product or desired service. Unless otherwise provided by law, all documents and information related to this contract, especially the contract conditions, are provided by the matched provider to the User. This applies in particular if the User and the provider agree on contract terms that deviate from the data provided by the User in the inquiry. Only in individual cases will information and documents related to the contract be provided to the User via a link on the platform or via email by GIROMATCH, particularly if required by law.

§ 12 Rights and Obligations of Users

• Submitting an individual inquiry through the platform does not oblige the User to enter into a contract with the matched provider regarding the selected product or desired service or to enter into a contract with the third-party intermediary.
• The User is obligated to provide complete, accurate, and truthful information in the input form for the individual inquiry, particularly ensuring the provision of a current email address. Providing false or untrue information entitles GIROMATCH to leave the User’s inquiry unprocessed.

§ 13 No Warranty, Guarantee, or Representations for Lender Services

• GIROMATCH carries out the Matching process according to § 11 (1) and (2) with the care of a prudent merchant and endeavors to promptly provide the links. The contract documents and information made accessible by GIROMATCH via a link according to § 11 (4) are provided by the respective provider, and therefore GIROMATCH does not assume any guarantee for their content accuracy. Unless GIROMATCH is legally obligated to provide its own pre-contractual information or documents related to the mediation of products or services through the platform, GIROMATCH shall not be liable for their content accuracy.
• GIROMATCH does not guarantee that the User will receive contract offers from providers that correspond to the information submitted through the inquiry, particularly but not exclusively regarding the loan amount and loan term. The selection of possible offers, especially the contract conditions, is solely made by the matched providers. GIROMATCH merely provides links to the User without being able to influence their content.
• GIROMATCH also does not make any representations regarding the suitability, availability, or quality of the offers provided through the links and assumes no liability for the availability of the services depicted therein. The respective provider of the selected products or desired services is responsible for these matters. None of the information provided in this context constitutes a promise, guarantee, or representation by GIROMATCH.
• GIROMATCH does not guarantee the inclusion of all providers, particularly banks, in the selected service segment in the Matching process under § 11.

IV. Special Provisions for the GIROMATCH Scholarship

The following provisions also apply to participation in the GIROMATCH Scholarship:

§ 14 Object of the Scholarship

The current scholarship can be viewed at www.giromatch.com/scholarship.

§ 15 Eligibility for Participation

• Eligible for participation are individuals of legal age who are enrolled in a state or state-recognized university at the time of application.
• This must be proven by uploading the certificate of enrollment. It is essential for the application that all personal information is true, accurate, and complete.
• Participation is only possible in one’s own name.

§ 16 Rights and Obligations of Participants

• Users who apply for the scholarship (hereinafter referred to as “Participants”) are obligated to provide complete, accurate, and truthful information, particularly ensuring the provision of a current email address. Providing false or untrue information entitles GIROMATCH to fully or partially revoke the scholarship.
• Participants are obligated to report any changes relevant to the scholarship, particularly deregistration from the university.
• Participants have the right to withdraw their application at any time before the scholarship is awarded.
• The application does not establish a claim to receive the scholarship payment.

§ 17 Selection Process, Award

• The selection process applicable to the current GIROMATCH Scholarship can be viewed at www.giromatch.com/scholarship.
• The award of the scholarship is at the discretion and final decision of GIROMATCH.

§ 18 Disbursement of the Scholarship

• The scholarship will be disbursed to the participant selected according to § 17.
• Disbursement will be made by bank transfer.

§ 19 Exclusion from Participation

• In the event of a violation of these terms of participation, GIROMATCH reserves the right to exclude participants from the scholarship, particularly in the case of providing false personal information.
• Participants who use unauthorized aids or otherwise gain advantages through manipulation will also be excluded. In such cases, scholarships may be subsequently revoked and reclaimed.
• Exclusion from the scholarship may also occur in the case of multiple participation.
• Employees of GIROMATCH as well as Cooperation Partners participating in the scholarship and their respective relatives are excluded from participation.

§ 20 Usage Rights

• The participant grants GIROMATCH a non-exclusive, transferable usage right, free of charge, for all contributions provided (photos, texts, illustrations, videos, etc.).
• The usage right applies only in connection with the GIROMATCH Scholarship and covers all forms of use, particularly publication on the Internet, on the website, in print materials, or in related advertisements.
• The participant waives the right to be named as the author of the contributions.

§ 21 Reservation of Changes, Premature Termination

• GIROMATCH reserves the right to change the provisions for participation in the GIROMATCH Scholarship at any time.
• Furthermore, GIROMATCH reserves the right to terminate or interrupt the scholarship or the application or selection process at any time for good cause without prior notice. This particularly applies to reasons that would disrupt or prevent the planned course of the scholarship or the application or selection process. If such termination is caused by the intentional conduct of a participant, GIROMATCH is entitled to claim compensation for any damages incurred from that person.

V. Miscellaneous Provisions

§ 22 Choice of Law, Jurisdiction

• The contractual relationship between the parties and these Terms and Conditions are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the User is a consumer and has their habitual residence in a country other than Germany at the time of contract conclusion, the application of mandatory laws of that country remains unaffected by the choice of law made in sentence 1.
• If the User is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction for all disputes arising from these Terms and Conditions is the registered office of GIROMATCH, Frankfurt am Main (Germany).

§ 23 Final Provisions

• Unless expressly stated herein or agreed otherwise in writing with the User, these Terms and Conditions constitute the entire agreement between the parties. Any agreement deviating from these Terms and Conditions between the User and GIROMATCH requires written form to be effective.
• Should any provision of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms and Conditions.