1. Scope of application

1.1 Use of these internet pages (hereinafter referred to as: "the FRF website"), as offered by First Response Finance and/or its subsidiaries ("FRF"), shall be permitted only subject to these conditions. In individual cases, these General Terms of Use may be augmented, amended or replaced by further provisions, e.g. for the obtaining of products and/or services. The validity of the particular version of these terms of use shall be regarded as having been accepted upon log-in, or, if a separate log-in should not be necessary, upon commencement of use.
1.2 Insofar as the user, in utilising the FRF website, acts as or on behalf of a company, that is in the exercise of a commercial or independently professional activity, or for a public body,

2. Services

2.1 On the FRF website FRF shall make available certain information and software, together with documentation where appropriate, for the purposes of accessing or downloading.
2.2 FRF shall at any time be entitled to discontinue operation of the FRF website, either fully or in part. Due to the nature of the internet and of computer systems, FRF accepts no liability for the uninterrupted availability of the FRF website.

3. Registration, password

3.1 Some pages on the FRF website may be password-protected. In the interests of the security of business transactions, access to these pages is only available to registered users. Users shall enjoy no automatic right of registration by FRF. In particular, FRF reserves the right to make web pages, including those previously freely accessible, subject to an obligation to register. FRF shall be entitled at any time to revoke access authorisation by barring the access data, without being required to state its reasons for taking such action, particularly if the user: -

• has provided false details when registering,
• has breached these provisions or his duty of care in dealing with the access data or
• has not made use of the FRF website for an extended period.

3.2 If registration is provided for, the user shall be obliged to provide truthful registration details and to notify FRF without delay in the event of any subsequent change to these details (where possible, online). The user shall ensure that he receives the e-mails sent to the e-mail address he or she has specified.
3.3 After registration has been completed, the user is issued with a user ID and a password (hereinafter referred to as “user data“). The user data enables the user to view and modify his data, or if appropriate to revoke or extend any consent to the processing of data previously given.
3.4 The user shall ensure that the user data is not made available to third parties, and shall be liable for all orders and activities carried out under this user data. After each session of use, the user shall leave the password-protected area. Should the user become aware that third parties are misusing the user data, he shall be obliged to inform FRF of this fact in writing and without delay, if appropriate providing advance notification by means of a simple e-mail.
3.5 After receipt of the notification as per Article 3.4, FRF shall block access to the password-protected area with this user data. The block may only be lifted after FRF has received a written application to this effect from the user, or after re-registration.
3.6 The user can at any time submit a written request for the cancellation of his registration, insofar as such a cancellation does not preclude the conducting of current contractual relationships. In this case FRF shall delete all user data and all other stored data of a personal nature belonging to the user, as soon as this data is no longer required.

4. Rights of use of information, software and documentation

4.1 Use of the information, software and documentation made available on the FRF website shall be subject to these terms or, in the case of updates to information, software or documentation, to the relevant license conditions already agreed with FRF. Any license conditions separately agreed shall take precedence over these conditions.
4.2 FRF shall grant the user the non-exclusive and non-transferable right to use the information, software and documentation posted on the FRF website to the extent agreed or, if no such agreement exists, in accordance with FRF’ intended purpose in providing and making it available.
4.3 Software shall be made available free of charge, in machine-readable form. There shall be no obligation to publish the source code. Excepted from this is the source code for Open Source Software, the license provisions for which take precedence over these terms, and stipulate publication of the source code upon the transfer of Open Source Software. In this case, FRF shall provide the source code against the reimbursement of costs.
4.4 The user shall not at any time sell, lease or otherwise transfer information, software or documentation to third parties. Unless compelling statutory provisions allow otherwise, the user shall neither modify, reverse-engineer or translate the software or its documentation, nor isolate individual parts. The user shall be entitled to create a backup copy of the software, if such a copy is required to safeguard future use.
4.5 The information, software and documentation is protected both by copyright laws and international copyright contracts and by other laws and agreements relating to intellectual property. The user shall observe these rights, and in particular shall not remove any alpha-numeric codes, trade marks or copyright notices from the information, the software or the documentation.

5. Intellectual property

5.1 Notwithstanding, trademark names and other contents of the FRF website shall not be amended, copied, duplicated, sold, leased, utilised, augmented or otherwise exploited without prior written approval from FRF.
5.2 Over and above the usage rights or other rights expressly granted, the user shall be granted no further rights of any kind, in particular to the company names and commercial property rights, such as patents, utility patterns or brands, nor shall FRF be subject to any corresponding obligation to grant such rights.

6. Duties of the user

6.1 In utilizing the FRF website, the user shall not: -

• harm any persons, in particular minors, or infringe their personal rights;
• offend against common decency with his/her conduct;
• breach industrial property rights and copyright, or other rights of ownership;
• transmit contents containing viruses, Trojans or other programmed elements capable of damaging software;
• enter, store or send hyperlinks or contents for which he has no authorisation, in particular when these hyperlinks or contents breach confidentiality obligations or are contrary to the law; or
• distribute advertising material or unsolicited e-mails (so-called "spam") or unfounded warnings against viruses, malfunctions and the like, or participate in gaming, snowball systems, chain letters or pyramid schemes, or solicit similar campaigns.

6.2 FRF shall be entitled at any time to bar access to the FRF website, particularly if the user breaches his obligations in relation to these provisions.

7. Hyperlinks

The FRF website may contain hyperlinks to web pages belonging to third parties. FRF neither accepts any responsibility for the contents of these web pages nor does it adopt these web pages and their contents as its own, since FRF does not exercise any control over the linked information and bears no responsibility for the content and material contained therein. This information is thus utilised entirely at the user’s own risk.

8. Liability for warranty of title and quality

8.1 Insofar as information, software or documentation is made available free-of-charge or on a fee basis, any liability in respect of warranty of title and quality of information, software and documentation, in particular in relation to their correctness, freedom from defect, freedom from third-party industrial property rights and copyright, completeness and/or practicability – except in the case of intent or malice and harm to life, limb or health – shall be excepted.
8.2 The information may contain general descriptions of the technical possibilities of individual products, which need not necessarily apply in particular cases (e.g. as a result of product modifications). The desired performance features of the products are thus to be agreed upon purchase in individual cases.

9. Other liability, viruses

9.1 The liability of FRF for warranty of title and quality shall be in line with the provisions in Article 8 of these terms. All other liability on the part of FRF shall be excluded, unless mandatory liability arises, for example, from intent, gross negligence, harm to life, limb or health, the assumption of a warranty of condition, the malicious concealment of a defect or breach of major contractual duty. Damages in respect of the breach of major contractual duties shall, however, be limited to foreseeable damages typical of such contracts, unless there has been intent or gross negligence.
9.2 Although FRF always endeavors to keep the FRF website free of viruses, FRF issues no guarantee as to its freedom from such viruses. Before downloading information, software and documentation the user shall ensure, for his own protection and to prevent virus infection on the FRF website, that appropriate security mechanisms and virus scanners are in place.
9.3 The rules in Articles 9.1 and 9.2 are not connected with any change in the burden of proof to the disadvantage of the user.

10. Export control

10.1 The export of certain information, software and documentation may – for example as a result of the nature, purpose or end use of such material – be subject to approval. The user shall strictly observe the relevant export provisions for the information, software and documentation, in particular those issued by the EU, EU member states and the USA. FRF shall identify information, software and documentation in relation to licensing requirements according to United Kingdom, EU and US export lists.
10.2 The user shall in particular check and ensure that: -

• the information, software and documentation made available cannot be employed for purposes connected with armaments, nuclear technology, weapons technology or other military application;
• no companies or persons cited in the US Denied Persons List (DPL) receive goods, software and technology of US origin;
• no companies or persons cited in the US Warning List, US Entity List and US Specially Designated Nationals List receive products originating in the US without approval; and
• the early-warning notices issued by the relevant United Kingdom authorities are observed.

Access to software, documentation and information on the FRF website shall only then be provided if in accordance with the checking and safeguarding procedures specified above; FRF shall otherwise not be obliged to provide such a service.

11. Data protection

In surveying, utilising and processing personal data belonging to the user on the FRF website, FRF shall observe the pertinent provisions of data protection law and the FRF Privacy Policy, which may be examined via hyperlinks on the FRF website.

12. Subsidiary agreements, legal venue, jurisdiction

12.1 Subsidiary agreements shall be in written form.
12.2 The legal venue shall be United Kingdom.
12.3 The FRF website is operated by, and is the responsibility of, companies based in the United Kingdom. FRF takes no responsibility for the legitimacy or otherwise of the act of calling up or downloading information, software and/or documentation from the FRF web-site from locations outside the United Kingdom. If users from outside United Kingdom access the FRF website, they shall be exclusively responsible for compliance with the relevant national legal provisions. Access to information, software and/or documentation on the FRF web-site from countries in which such access contravenes the law shall not be permitted. English law shall apply, to the exclusion of UN law on the sales of goods.