Terms and Conditions
General
The following Terms and Conditions (T&Cs) apply to all our services for lead generation, particularly those offered or carried out via our websites (e.g., https://www.kapitalcheck.de).
As part of the lead generation process, we provide an online platform through which we transmit the master data and contact details provided by prospects, as well as their information following telephone consultation with the prospects, to partner companies. Based on the information provided by the prospect, we attempt – without guaranteeing this – to forward the prospect’s data record to that of our partner companies which may offer products or services of interest to the prospect. However, a minimum number of contacted partner companies is not agreed upon – nor is a specific minimum content of the partner companies’ offers or even a specific economic success or positive outcome guaranteed.
Further correspondence with the prospects is conducted by the partner company. Only this partner company will become the contractual partner of the prospect – if the prospect so desires. We are neither a contractual party nor a performing agent or vicarious agent for any contractual party in this process.
Liability
We strive for the greatest possible care regarding our systems and take appropriate measures for data and system security in this regard. Generally, however, claims for damages are limited to damages caused intentionally or by gross negligence by us or companies affiliated with us. Claims for damages due to slight negligence are excluded.
However, we are particularly not liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including damages for loss of profit, revenue, goodwill, or data) arising from the subject matter of this agreement, even if a party has been advised of the possibility of such damages.
Under no circumstances shall we be liable:
- for breaches of duty that occur within the scope of contracts concluded after our forwarding of the data, and to which we are not a contractual party,
- for damages caused by services, companies, or persons that we have made available to the prospect,
- nor towards the prospect or any third party (including but not limited to the partner company’s own contractual partners and customers) for consequential, indirect, special, punitive, or incidental damages or lost profits of the partner company or its legal successor, arising from the breach or non-observance of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability, tort, or otherwise.
We are also not liable for damages in connection with (i) the prospects’ lack of knowledge in using the agreed services, (ii) the suspension of their use or their access to the services, (iii) our discontinuation of one or more services, or (iv) unplanned or unforeseen downtime of all or part of our services for any reason.
The exclusion of liability does not apply to claims under the Product Liability Act, nor to damages attributable to us resulting from injury to body or health, or loss of life. Furthermore, all claims by the partner company for reimbursement of expenses and indirect damages are completely excluded.
The foregoing exclusions and limitations of liability apply equally to the benefit of the corporate bodies, shareholders, legal representatives, employees, and other vicarious agents of Kapitalcheck.de.