Terms & Conditions
Last Updated April 2022
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Teylor AG (CHE-309.114.120)Stockerstrasse 38 8002 ZürichSwitzerlandCEO: Patrick StäubleTeylor AG - Germany OfficeLohnerhofstrasse 278467 KonstanzGermanyCEO: Patrick StäubleData Protection Officer:
DP-Dock GmbHBallindamm 3920095 Hamburgteylor-ag@dp-officer.comPress Contact:
Herr Lukas HoferE-Mail: press@teylor.comEditorial content:
Herr Lukas HoferStockerstrasse 388002 ZürichSwitzerlandE-Mail: press@teylor.comContact:
support@teylor.comoder069-3486641-0All rights reserved. All content, information and works provided through the Teylor website are subject to Swiss copyright law. Any form of duplication, alteration, distribution or similar is only permitted with explicit permission of the legal owner.
All the information on this website is published in good faith and for general information purpose only. Teylor AG does not make any warranties about the completeness, reliability and accuracy of this information.
Preamble and overview
1.1 Teylor AG (CHE-309.114.120), Stockerstrasse 38, 8002 Zurich, Switzerland, registered CHE-309.114.120 in the Commercial Register of the Canton of Zurich (hereinafter ‘Teylor’) operates a so-called credit brokerage platform (hereinafter ‘Platform’) at www.teylor.com or the aforementioned related domains such as teylor.de, teylor.pl, teylor.co.uk, teylor.ie. The platform serves to bring together companies with financing needs as borrowers (hereinafter referred to as ‘borrowers’ or ‘users’) and cooperating lending banks or other financial institutions or debt funds (hereinafter referred to as ‘partner banks’) for the purpose of brokering loans or other financing instruments (hereinafter referred to as ‘loans’ or ‘credits’).
1.2 Borrowers use the platform to raise funds in the form of a loan. To do so, they apply for a loan on the platform. Teylor checks the borrower's creditworthiness on behalf of the partner bank, if necessary with the assistance of third parties (e.g., affiliated members of the Verband der Vereine Creditreform e.V. and SCHUFA Holding AG or their subsidiaries or similar institutions in other countries). The proposed volume, interest margin, term, and repayment terms are determined jointly with the borrower.
1.3 Teylor is neither a credit institution nor a financial services institution within the meaning of Section 1 (1) or (1a) of the German Banking Act (KWG) or similar laws in other countries. Teylor does not conduct banking business and does not provide financial services. The borrower is merely given the opportunity on the platform to have a loan agreement brokered, if applicable. Teylor only attempts to enable the borrower to be offered a loan agreement by a partner bank cooperating with Teylor. Teylor will endeavor to obtain a loan agreement. However, the decision as to whether the partner bank concludes a loan agreement with a borrower lies solely with the partner bank.
1.4 If the borrower and the partner bank conclude a loan agreement brokered by Teylor, the partner bank pays the loan directly to the borrower.
1.5 The loan agreements brokered via the platform are standardized. The relevant provisions and a sample loan agreement are available to registered users as part of the application process at www.teylor.com.
1.6 Teylor merely provides the platform through which loan agreements between borrowers and the partner bank are brokered. Teylor is not involved in the contractual relationships between borrowers and the partner bank and accepts no liability in this regard. Outside of the user agreement, Teylor may, however, take on certain administrative tasks in loan management as an agent on the basis of a separate agreement.
1.7 Teylor does not act as a partner bank, does not grant loans itself, and does not provide consulting services, in particular investment advice. Users act on the platform in their own name and at their own risk.
1.8 Teylor does not guarantee that a loan brokerage will be successfully completed; Teylor does not assume any obligation to procure, broker, provide evidence, or obtain.
Scope
2.1 These terms and conditions apply to the use of the platform and the brokerage of loans. Users can view, download, save, and/or print the current version of the terms and conditions at www.teylor.com.
2.2 Conflicting or other terms of use or general terms and conditions, as well as the user's terms and conditions, shall not apply even if Teylor has not expressly objected to them.
2.3 The contract language for the user agreement is German. The user agrees that contract-related communication may also take place in text form within the meaning of Section 126b of the German Civil Code (hereinafter referred to as “BGB”), if necessary also using signature software such as ‘DocuSign’ or comparable programs (hereinafter collectively referred to as “text form”).
2.4 The rights granted to Teylor in these GTC are exclusively for Teylor's own interest. They serve to ensure the efficiency of the platform and do not establish any protective effect for users or third parties.
Activities of Teylor
3.1 Teylor's activities consist of providing the platform and brokering loans from partner banks. Teylor does not grant any loans itself, and no accounts can be opened with Teylor. In the case of loan brokerage, a loan agreement is concluded exclusively between the borrower and the lender (partner bank). Within the framework of such a contractual relationship or in the case of further additional service and contractual relationships, the respective contractual terms and conditions and general terms and conditions (GTC) of the lender (partner bank) apply.
3.2 Teylor provides proposals regarding the prices and terms of loans from partner banks free of charge and without obligation. These proposals, or those presented on the platform, do not constitute a binding contractual offer from Teylor or the respective partner bank.
3.3 The proposals provided by Teylor regarding the prices and terms of loans are based on the information provided by the respective lender. Teylor makes no representation as to the suitability, availability, or quality of the products presented, nor as to the conclusion of a loan agreement with the partner bank.
3.4 If a user decides to take out a loan with one of the partner banks, the user may submit a binding offer to conclude a contract. Teylor forwards this offer to the partner bank. Confirmation of receipt of a loan application does not constitute acceptance of the offer.
3.5 This user agreement, concluded in accordance with the terms and conditions, only obliges Teylor to keep the platform available for use during the availability periods specified by Teylor. Teylor is not obligated to keep the platform available at all times. If the platform requires maintenance, if the security of the platform (in particular: data security) requires it, or if Teylor is exposed to events beyond its control (e.g. defects, limited availability or failure of telecommunications networks, data transmission by third parties, energy supply, natural disasters, shutdown orders by supervisory authorities not caused by Teylor, and similar events), Teylor is entitled to partially or completely suspend the availability of the platform.
The platform is provided on the basis of the technical status of the platform and the internet at the time the user agreement is concluded. If measures are necessary to ensure the security of Teylor's servers (e.g., in the event of attacks from the Internet) or if technical measures are necessary to maintain or improve the standard of the platform, Teylor may temporarily restrict or suspend access to the platform at any time, taking into account the interests of users.
3.6 Teylor provides its services based on the current state of technology on the Internet and the relevant technical and legal framework conditions. Teylor is not obligated to expand the scope of its services, even if this would be possible due to technical developments. To ensure the platform is as secure as possible, data is transmitted in encrypted form. Despite encrypted data transmission, Teylor has no influence on the transmission of data on the Internet itself. Teylor points out that Teylor secures its systems against unauthorized access by third parties to the data stored by Teylor exclusively with the security systems currently available at Teylor and that absolute protection against attacks by third parties is not possible with the current state of technology and is not owed by Teylor.
Use of the platform and services
4.1 The platform and the brokerage of loans by Teylor are aimed exclusively at entrepreneurs who have their headquarters in Germany or any other country in which Teylor brokers loans. Teylor defines entrepreneurs as any natural or legal person, regardless of whether the latter is public or private, who acts for purposes that can be attributed to their commercial, business, craft, or professional activity. In addition, Teylor may impose further access restrictions, e.g., that the borrower must have been registered in a commercial register for at least two years and must have its registered office in a specific country, or that the borrower must have achieved a certain minimum turnover in the past two financial years prior to registration, and may change these access requirements at any time in the future.
4.2 The borrower may use the platform and the content and materials available on it, as well as the content and materials transmitted in the context of loan brokerage (in particular loan proposals and offers as well as loan documents) for the application and processing of the loan. It is prohibited to use the aforementioned content and materials to broker services to third parties, on behalf of third parties, or for one's own commercial purposes outside the scope of applying for and processing the loan, or to pass them on to third parties.
Term and Termination
5.1 The user agreement between the user and Teylor, which is established upon completion of registration, is valid for an indefinite period and can be terminated by either party with two weeks' notice to the end of the month. The right to extraordinary termination remains unaffected.
5.2 In the event of termination, the rights and obligations established until the end of the user relationship remain unaffected. Termination of the user relationship has no effect on the validity of other contracts (in particular the loan agreement between the borrower and the partner bank).
5.3 Any termination must be made in writing to support@teylor.com .
Obligations of the user
6.1 The user undertakes to provide truthful, correct, and complete information in the context of loan brokerage and when using the platform.
6.2 They also undertake not to use the platform in an abusive manner, but only for its intended purpose and only within the scope of legally permissible purposes. For example, they are not entitled to interfere with the functionalities of the website or to access the functionalities in any way other than via the user interface provided by Teylor and in accordance with the specifications. The platform may only be used within the scope permitted by law, in particular when using a function of the platform to upload data, content, or materials, or when contacting other users via the platform. The user is obliged not to display, offer, or distribute any illegal content on the platform, in particular content that violates criminal law, personal rights, trademark law, competition law, licensing law, or copyright law, and not to refer to offers with such content or provide links to such sites. Teylor does not check the content published by users and accepts no responsibility for it. If Teylor is notified of a violation of the provisions contained herein, Teylor will remove any illegal or immoral content, references, or links without further review. The user in question is obliged to indemnify Teylor against all possible claims by third parties (including other users) resulting from or in connection with their culpable violation of these terms of use. This applies in particular in the event that users culpably post, publish, or otherwise use content of an anti-competitive nature and/or content for which they do not have the necessary rights for use and/or publication on the platform.
6.3 All users must register once at the platform. If the user is a legal entity, information on at least one responsible natural person authorized to represent/act on behalf of the legal entity (e.g., a member of the management) must also be provided during registration. After entering the personal and/or company-related data to be transmitted to Teylor, a personal user account for the platform is generated for the user. Each user may only register once and maintain only one user account. If the user is a legal entity, the natural persons acting on behalf of the user may apply for independent access authorizations for the user account. Registration will be confirmed to the user by Teylor, subject to the provision of all information required in the registration process, and completed upon reconfirmation by the user (email, link confirmation). Only upon reconfirmation by the user will the user agreement based on these terms and conditions (and the privacy policy) come into effect. With the user data generated, the user can log in to the platform and access the protected area. Teylor reserves the right to verify the identity of users before they can access the protected area (or parts thereof). The platform may only be used by registered users on their own account. If natural persons are permitted as users, they must have full legal capacity and be at least 18 years of age.
6.4 The user is obliged to keep an identification code (identification feature, personal ID), password, or other security information secret and not to disclose it to third parties. Teylor reserves the right to block any identification code, password, or other security information and/or access to the platform or user account if this obligation is violated or if there are indications that third parties have gained unauthorized access to this information.
6.5 If the user provides false, untrue, or incomplete information, Teylor is entitled, in particular, to leave the loan application unprocessed. If Teylor receives intentionally false, untrue, incorrect, or incomplete information from the borrower, or if the borrower intentionally or grossly negligently violates the obligations or regulations specified in these Terms and Conditions or statutory obligations or regulations, Teylor reserves the right, in particular, to demand compensation for any damages incurred as a result, delete the information or materials concerned, and, in particularly serious cases or in the event of a repeat offense, exclude the borrower from using the platform and from loan brokerage. Further claims remain unaffected.
6.6 Teylor reserves all rights to the content and materials provided or transmitted on the platform. These terms and conditions do not grant the user any right to use trademarks, brand elements, or logos used in Teylor's services. Legal notices displayed in or in connection with Teylor's services may not be removed, obscured, or altered.
Sanctions
7.1 Teylor may take the following measures if there are concrete indications that a user is violating legal regulations, the rights of third parties, or these Terms and Conditions, or if Teylor has any other legitimate interest, in particular to protect users from fraudulent activities:
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Warning users;
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Restriction of use of the platform's services, e.g. by revoking a user's verification;
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Temporary suspension of the user account;
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Permanent suspension of the user account.
When choosing a measure, Teylor shall take into account the legitimate interests of the user concerned, in particular whether there are indications that the user is not at fault for the violation. Once a user has been permanently blocked, there is no right to have the blocked user account restored.
7.2 Once a user account has been blocked or the user agreement with Teylor has been terminated, the user concerned may no longer use the platform or other services offered by Teylor, even with other user accounts, and may not re-register.
Data Protection
8.1 With regard to the collection, storage, and processing of personal data, reference is made to Teylor's data protection information, which can be viewed at www.teylor.com/privacy-policy.
Limitations of liability
9.1 Teylor shall only be liable for gross negligence and intent, as well as for breaches of material contractual obligations, the fulfillment of which is essential for the proper execution of the loan brokerage agreement and on the observance of which the borrower may regularly rely (“cardinal obligation”). In the event of a slightly negligent breach of a cardinal obligation, Teylor's liability shall be limited to damages that were foreseeable at the time the contract was concluded and are typical for this type of contract. The above exclusions and limitations of liability shall not apply in the event of fraudulent concealment of defects, liability under the Product Liability Act, or liability for culpable injury to life, limb, or health. Furthermore, they do not apply if and to the extent that Teylor has given a special guarantee. The same applies to the liability of Teylor's employees, representatives, or agents.
Changes to these Terms and Conditions, Applicable Law, Place of Jurisdiction
10.1 Teylor reserves the right to change these Terms and Conditions. The amended Terms and Conditions will be sent to the user by email, fax, or in writing no later than four (4) weeks before they come into effect. If the user does not object to the validity of the amended terms within four (4) weeks of receiving this notification of the amendment, the amended terms shall be deemed to have been accepted by the user. Teylor undertakes to inform the user separately of this in the notification of the amendment to the terms.
10.2 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law provisions of international private law.
10.3 If the user is an entrepreneur, Constance shall be the place of jurisdiction. Teylor reserves the right to bring legal action at its general place of jurisdiction.
10.4 Unless expressly provided otherwise in these Terms and Conditions, all declarations made within the framework of the contract concluded with Teylor must be made in writing.
10.5 Should any provisions of these terms and conditions or any future contractual provision be wholly or partially invalid or subsequently lose their legal validity, this shall not affect the validity of the remaining provisions. The same shall apply if a loophole is discovered in the user agreement. The invalid provision shall be replaced or the gap filled by an appropriate provision which, as far as legally possible, comes closest to what the parties intended or would have intended according to the meaning and purpose of the user agreement based on these terms and conditions, had they considered the point.
Complaints procedure
11.1 Teylor's goal is to provide the user with the best possible service. If the user is dissatisfied for any reason, they can contact Teylor so that Teylor can respond as quickly as possible. The matter will be treated with the utmost care and sensitivity and will not affect Teylor's assessment of creditworthiness.
The user can reach Teylor by phone during business hours from 9:00 a.m. to 5:00 p.m. at 069-3486641-0 or at any time by email at support@teylor.com.