Terms and Conditions

Effective: 01 July 2023

1. Scope of the Terms & Conditions

We warmly welcome you to our platform and are pleased that you have decided to use it. Please take the time to read these Terms and Conditions (hereinafter "T&C") carefully, as they contain important information about your contractual rights and obligations. By registering on our platform, which is accessible via the website off-market24.com, you agree to these T&C. The business relationship between OM24GROUP LLC, headquartered at 5830 E 2nd St, Ste 7000 #26782, Casper, Wyoming 82609, USA (hereinafter "OFFMARKET24" or "we") and our users (hereinafter also referred to as "customers") is subject exclusively to the following Terms and Conditions. OFFMARKET24 does not recognise any deviating terms of the customer unless OFFMARKET24 and the customer have expressly agreed otherwise in writing. Our platform is exclusively accessible to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Orders from consumers within the meaning of § 13 BGB are rejected by OFFMARKET24.

2. Services of OFFMARKET24

The services offered by OFFMARKET24 are comprehensively described on the sub-pages of the website off-market24.com. The product descriptions apply in the version current at the time the contract is concluded.

OFFMARKET24 is free to choose the technical means used to provide the agreed services, in particular with regard to the technology and infrastructure used. The customer is not entitled to make the services of OFFMARKET24 available to third parties for use.

In this context, the orderer personally, the department, or the company is considered the customer who is to receive the services in accordance with the contractual agreement. Third parties are, for example, all other persons in case 1, other departments of the same company in case 2, and affiliated companies within the meaning of §§ 15 ff. of the German Stock Corporation Act (AktG) in case 3. If accounts are assigned to a customer, only the named natural person has a right of use. Free additional services provided by OFFMARKET24 are not part of the contract. OFFMARKET24 may change and/or discontinue these services at its sole discretion. Even the repeated provision of such services does not constitute an obligation for the future. As the operator of the platform, OFFMARKET24 is neither the owner, seller, reseller, nor provider of real estate and does not act as a broker. OFFMARKET24 only offers the possibility of making contact. OFFMARKET24 is not and will not become a party or any other participant in a contractual relationship between the customer and the investors presented on the website (hereinafter referred to as "investor"). OFFMARKET24 is also not a broker or an insurance company.

OFFMARKET24 does not act as a representative for any particular customer. OFFMARKET24 does not control or guarantee (1) the existence, quality, security, suitability, or legality of the contacts presented on the platform, (2) the correctness or accuracy of descriptions and photos in offers, ratings, reviews, or other content, or (3) the behaviour or performance of another customer or investor. OFFMARKET24 may temporarily restrict the availability of the platform if this is necessary for technical reasons, for example for maintenance, renewal ("updates"), or technical improvements. The platform may contain links to third-party websites and resources. Such third-party services may be subject to other terms of use and privacy policies. OFFMARKET24 is not responsible for the availability or accuracy of such third-party services or for any content, products, or services offered through such third-party services. The area of responsibility of OFFMARKET24 is limited exclusively to (1) the provision of the platform as described above and (2) the support of the customer in the communication between customer and investor.

3. Conclusion of Contract and Responsibility of the Customer

A contract between OFFMARKET24 and the customer comes into being when OFFMARKET24 makes an offer and the customer accepts it. To access and use certain features of the platform, the customer must create a user account. Upon registration, correct, current, and complete information must be provided, and the data must always be kept up to date. If the customer registers a user account for a company, partnership, or legal entity, the customer warrants that they are authorised to represent and legally bind these organisations. The hardware and software required for access to and use of the platform are the sole responsibility of the customer. OFFMARKET24 grants limited, non-exclusive, non-transferable access for personal use of the platform for the purpose described above. Any other use of the platform is strictly prohibited and constitutes a breach of contract. OFFMARKET24 reserves the right to deactivate, block, or irrevocably delete user accounts and offers at its own discretion. Customers are solely responsible for compliance with all laws, rules, regulations, and tax obligations that apply to their use of the platform. No liability is assumed for the actions of customers, in particular for declarations of intent by customers or investors. Customers agree to use the platform in accordance with its intended business purpose, within the framework of legal conditions and these T&C. Any abuse or attempted abuse may be prosecuted under criminal and/or civil law.

4. Payments and Contract Duration

Unless individual agreements or deviations have been made in the product data sheets, monthly payments are due upon conclusion of the contract. The contract term is automatically extended by the same period (but maximum 12 months) unless the agreement is terminated in writing 30 days before expiry. Terminations must be made in writing. The customer must notify objections to an invoice in text form within 14 days of receipt of the invoice. If two consecutive payments are not settled within the payment period, OFFMARKET24 reserves the right to declare all amounts that will accrue during the remaining contract term immediately due.

5. Liability and Communication

1. The customer is obliged to provide OFFMARKET24 with current contact details at all times and to notify any changes without delay. OFFMARKET24 uses the email address provided by the customer for personalised contract processing, such as sending invoices or notices of contract changes. The customer is responsible for regularly checking their email account for emails. OFFMARKET24 sends contractual communications exclusively to email addresses confirmed by the customer during the registration process. If the customer's email address is incorrect, regardless of whether it was entered incorrectly by the customer, became incorrect due to a change, or is no longer correct for technical or comparable reasons recognisable to OFFMARKET24, OFFMARKET24 reserves the right to contact the customer by post and to demand a flat-rate compensation of ten euros per letter for the resulting costs. The customer has the right to prove lower costs.
2. The customer warrants that they are authorised to forward information to investors and to market the offered property. A violation of this assurance may lead to immediate exclusion from the platform. The customer also warrants that they have a sole brokerage assignment and that the information is communicated truthfully. They warrant the accuracy of the information provided and that they do not infringe any third-party rights. OFFMARKET24 is entitled to forward the provider contact details to beneficial owners.
3. The information provided on OFFMARKET24 is generalised and does not constitute a binding basis for decisions in individual cases. In addition, it may be incorrect or open to interpretation without this being readily apparent during use. OFFMARKET24 therefore does not accept liability for damages arising from the use of the data and evaluations offered on the platform. OFFMARKET24 reserves the right to refer to offers or information from third parties on its platform. These references do not constitute a recommendation and OFFMARKET24 does not adopt the information of the third party as its own.

6. Prohibition of Distribution

The customer undertakes not to copy the data contained in OFFMARKET24, pass it on to third parties, or otherwise make it publicly accessible, in particular not via websites, CRM systems, or databases, unless OFFMARKET24 has expressly given its consent within the framework of the functions provided.

7. Notes on Compliance with Laws, Regulations, and Third-Party Rights

Before customers use the platform, they are required to familiarise themselves with the locally applicable laws and regulations. Customers warrant that (1) no third-party rights are infringed, (2) all applicable laws, regulations, and tax requirements are complied with, and (3) all necessary permissions or licences are in place. It is the sole responsibility of customers to comply with all laws and regulations, rights, and obligations. OFFMARKET24 assumes no responsibility for ensuring that customers fully comply with this.

8. Liability

1. OFFMARKET24 does not check the correctness and accuracy of the content posted by customers on the platform and can therefore neither guarantee nor be liable in any way for the correctness and accuracy of the information and information provided therein. Customers are generally responsible for their use of the platform. OFFMARKET24 has no general obligation to check the information provided by customers/investors or to delete content that does not appear unlawful. OFFMARKET24 assumes no liability for any infringement of third-party rights that may arise from the use of the platform by customers.
2. OFFMARKET24 is not liable for the unauthorised use of published data by other customers or third parties. Customers are solely responsible for protecting their published data from unauthorised access.
3. OFFMARKET24 is not liable for failures or disruptions of the internet and telecommunications infrastructure that are beyond OFFMARKET24's control and may lead to disruptions in the availability of the platform. OFFMARKET24 is also not liable for temporary restrictions that are necessary for technical reasons for the purpose of maintenance, updates, or technical improvements.
4. OFFMARKET24 is not liable for (1) the legality of the advertisements published on the platform, (2) the consequences of real or virtual meetings between customers and investors, (3) any damages caused by the misconduct of customers or third parties, or (4) in cases of force majeure.
5. All claims due to defects or other breaches of duty in relation to contracts concluded via the platform are to be settled between the customer and the investor. OFFMARKET24 is not involved in this contractual relationship and assumes no secondary liability either.
6. OFFMARKET24 is liable for damages within the scope of fault-based liability in cases of intent and gross negligence, regardless of the legal grounds. In case of simple negligence, OFFMARKET24 is only liable:
   1. for damages resulting from injury to life, body, or health,
   2. for damages resulting from the breach of a material contractual obligation (obligation whose fulfilment is essential to the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, OFFMARKET24's liability is limited to compensation for the foreseeable, typically occurring damage.

The above liability limitations also apply to third parties and to breaches of duty by persons (also in their favour) whose fault OFFMARKET24 is responsible for in accordance with statutory provisions.

9. Price Adjustment

OFFMARKET24 reserves the right to adjust the price of a subscription if the product scope is changed or our operating costs increase. The reasons for this may include increased costs for the aggregation and maintenance of our content, the maintenance of the technical operation of our platform, as well as costs in the area of personnel and infrastructure (e.g. increased rental costs) and government levies. OFFMARKET24 will inform the affected customers at least eight weeks in advance by email to the email address provided about a planned adjustment. If the customer does not terminate the contract before the communicated date of the price adjustment, the adjusted price will be considered agreed from that point onwards.

10. Payment Methods

We only accept payments via PayPal, credit cards, and Stripe. Please note that we do not offer direct debit as a payment method.

11. Other Provisions

1. The legal relationship between customers and OFFMARKET24 is subject to the law of the USA.
2. This contract constitutes the entire agreement between the customers and OFFMARKET24 and replaces all previous written or oral agreements.
3. OFFMARKET24 reserves the right to change, supplement, or replace these terms at any time. A change will be announced by providing the changed T&C and a reasonable response period. The customer is informed that changes will be deemed accepted if no response is made on their part.
4. Should individual provisions of these terms be invalid or contradict legal regulations, this shall not affect the validity of the rest of the contract.
5. The place of jurisdiction for all disputes in connection with this contract is Casper, WY, US, provided that the contractual parties are merchants, legal entities under public law, or special funds under public law.
6. OFFMARKET24 does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.