Terms and conditions

The Landbanking Group

OUR GENERAL TERMS AND CONDITIONS

Status: June 2023

These General Terms and Conditions ("GTC") apply to the use of our website (https://www.landler.io) as well as to the use of our analysis tools for natural capital valuation. Landbanking Group GmbH ("Landbanking Group", "we" or "us") is the operator of the website. Landbanking Group is a limited liability company registered in Germany with its registered office at Sophienstraße 5, 80333 Munich, Germany.

- Section A of the GTC contains the terms and conditions that apply to your use of our website, regardless of whether you use our analytics tool ("Terms of Use").

- Section B of the GTC contains general provisions that apply to both the use of our website and the analysis tool ("General Terms").

Our privacy notice explains what data we process from you when you use our website.

SECTION A: TERMS OF USE

1. Scope of application

1.1 The use of our website is subject to the provisions in Section A (Terms of Use) of our GTC. You can access our GTC online at any time via our website.

1.2 You may not systematically extract other users' content from our website for use outside our website. The same applies to the use of computer programs for the automated extraction of files, e.g. crawlers, spiders.

1.3 We cannot technically guarantee the unrestricted availability of our website, as its use requires access to and connection to telecommunications networks that are beyond our control. We will endeavour to keep any interruptions to service (e.g. for repairs, maintenance or updating) as short as possible. We may update, amend, suspend, withdraw, discontinue or change all or part of our website and/or its content at any time and without notice.

1.4 Please note that the content on our website may not be up to date at all times. We are under no obligation to update any content. Unless otherwise stated, we do not warrant or guarantee the accuracy, timeliness or completeness of the information and materials on this website, although we always endeavour to ensure the accuracy of the information accessible through this website.

2. Registration

2.1 You must ensure that the information you provide when registering is accurate, up to date and complete if you wish to create an account through our website. You must notify us immediately if this information changes so that we can continue to communicate with you properly.

2.2 You are required to provide us with certain necessary information (first and last name, email address) and to choose a password in order to register on our website. Further information on the use of your data can be found in our data protection information.

2.3 You must keep your password confidential once you have registered on our website. You must not disclose your password to any third party and you must take reasonable steps to protect your password from disclosure to any third party. Please inform us immediately by e-mail (info@thelandbankinggroup.com) if your password has been misused or lost, or if you have a corresponding suspicion.

3. Deletion or temporary blocking

3.1 We are entitled - after prior warning - to delete or temporarily block your account and/or exclude you from using our website if we have to assume that you are in breach of these Terms of Use.

3.2 Measures under clause 3.1 shall not affect the legal rights and obligations of the parties.

4 Intellectual property

4.1 This Website and all materials, text, code, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, formats, files, devices and links contained on or linked to it (together "Content") are protected by copyright, trademark and other intellectual property rights. These rights are owned by us or licensed to us by third parties. Anyone accessing this website is entitled to view any part of the website. However, the content may not be used or reproduced in whole or in part for any other purpose without our express written permission. The Content may not be used on any other website or for any other publication, or for any commercial purpose, without our express permission.

5. Contents and links from third parties

5.1 We are not responsible for content provided by third parties. We merely grant you access to this content. Except in the case of a legal obligation, the following applies:

(a) We are under no obligation to verify the content of such information or to edit such information provided by third parties; and

(b) We have no control over third party content and do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any third party information. If you rely on any third party content, you do so at your own risk.

5.2 Websites linked to our website (other than other websites operated by us) are for information purposes only and have not been reviewed by us. We have no responsibility for the content of such websites and accept no liability for any loss or damage of any kind which may arise from linking to such websites unless we have been properly informed that such third party websites contain illegal or harmful content and have not acted promptly upon becoming aware of it to remove the information or disable access to it.

6. Malware

6.1 We do not warrant that our website or server is secure or free from bugs, errors, viruses, Trojan horses, worms or other malicious software. We will not be liable for any loss or damage that you may suffer as a result of using our website (including downloading content from our website or any website linked to it) due to technically harmful material that may infect your computer equipment, computer programs, data or other proprietary material. This does not apply if such loss or damage is due to our wilful default or gross negligence. You should therefore use your own anti-virus software.

6.2 You must not knowingly introduce any viruses, Trojan horses, worms or other malicious software that is harmful or technologically harmful to our website. You must not gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not use an attack to make our website inaccessible or render it inoperable. Violation of this provision constitutes a criminal offence, including without limitation under sections 303(a) and (b) of the Criminal Code and other applicable laws. We will report any such violation to the appropriate law enforcement authorities and will cooperate with such authorities by disclosing your identity to law enforcement authorities. In the event of such a breach, your right to use our website will cease immediately.

7. Changes to the terms of use

7.1 We reserve the right to amend the Terms of Use at any time with effect for the future.

7.2 If you have registered with an account with us, we will only change the Terms of Use if and to the extent that such a change is reasonable for you. We will inform you in good time by e-mail about the intended changes. If you do not object to the new terms of use within six weeks after they come into force, you will be deemed to have accepted the new terms of use. We will inform you separately and in a suitable form about the significance of the six-week period and your objection as well as the legal consequences of a failure to object at the beginning of the objection period.

SECTION B: GENERAL CONDITIONS

8. Limitation of liability

8.1 Subject to the provision in clause 1.1, Landbanking Group's statutory liability for damages shall be limited as follows:

(a) We assume no liability for the topicality, correctness and completeness of the content provided on this website. The contents were created with the greatest possible care; nevertheless, the accuracy of the contents cannot be guaranteed.

(b) Landbanking Group's liability is limited to the amount of the damage typically foreseeable at the time of the conclusion of the contract for the slightly negligent breach of material obligations under the contract.

(i.e. such contractual obligations, the fulfilment of which enables the proper performance of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which you regularly rely on, so-called "cardinal obligations");

(d) We accept no liability for material or non-material damage, in particular also not for consequential damage caused by the use of the information provided by us.

8.2 The limitations of liability under this clause 1 shall not apply in the case of mandatory statutory liability, e.g. for liability under the Product Liability Act, liability arising from a guarantee assumed or liability for damage caused intentionally or by gross negligence or any kind of culpably caused personal injury.

8.3 Insofar as our liability is limited or excluded, this shall apply in the same way to the liability of our legal representatives, employees and authorised agents.

9. Miscellaneous

9.1 Insofar as paid content or services are made available on the Website, these are non-binding invitatio ad offerendum, which merely call for the submission of an offer by the user and do not themselves constitute a binding offer.

9.2 This contract is governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory statutory regulations remain unaffected, in particular those of the EU member state in which you are resident.

9.3 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Munich, provided that you (i) are not a consumer, (ii) do not have a general place of jurisdiction in Germany, have moved your usual place of residence out of Germany after conclusion of the contract or (iii) your usual place of residence is unknown at the time of commencement of the legal proceedings.

9.4 We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.

9.5 Should any provision of these GTC be or become invalid or unenforceable or should these GTC contain a loophole, this shall not affect the validity and enforceability of the remaining provisions of the GTC. In place of the invalid provision in question or to fill the gap, the parties are obliged to agree on the valid provision that comes closest to the economic purpose of the GTC.