of the website of TREEEC.NET
TREEEC eG, Suarezstraße 62, 14057 Berlin, Germany (hereinafter TREEEC) is responsible for the content.
A prerequisite for the acquisition of cooperative shares on this platform is membership in the TREEEC eG as an investing member in accordance with Section 8 (2) GenG of the Federal Republic of Germany and Section 4Abs. 1 of the statutes of TREEEC eG.
1. Users are all visitors to TREEEC.NET regardless of whether they are registered.
2. Registered users are all users who have completed the registration process on the TREEEC.NET platform and are saved as registered users at TREEEC.
3. Investing members are registered users who have acquired a corresponding membership in TREEEC.
2 Website and its offering
1. The TREEEC.NET platform is an online platform on which investing members are given the opportunity to acquire shares in the cooperative. On the one hand, these are cooperative shares, which mean a general participation in TREEEC, and on the other hand, “dedicated” cooperative shares ”(dedicated co-operative shares), which each form their own accounting groups and are used for TREEEC’s project-related investment.
2. For this purpose, TREEEC publishes information about the projects during the offer duration.
3. Every investing member, whether a natural adult or a legal person, can acquire shares in the cooperative. This does not apply to persons who are not permitted to become members of a German cooperative and to acquire cooperative shares as such.
4. To become an investing member, an application for membership must be made. In connection with this, an entrance fee has to be paid and a compulsory cooperative share has to be acquired. The entrance fee for natural, adult persons is EUR 48.00. For legal entities, this depends on the size of the company or organization and is calculated according to the “Entry fee table of TREEEC eG” in the currently valid form; it is at least EUR 1,200.00.
A compulsory cooperative share, like all cooperative shares, has a purchase price of EUR 12.00. Admission as a member occurs through the board of the cooperative. If there are no objective reasons to prevent admission, this will be resolved. A rejection can also take place without giving reasons.
3 Information and advice
1. TREEEC is responsible for the information on the respective projects on the TREEEC.NET platform. In the case of projects by TREEEC business partners, the information was provided by the responsible project initiators and checked by TREEEC with all commercial care and to the best of our knowledge and belief. Since TREEEC invests exclusively in its own name and for its own account, TREEEC bears the sole risk.
2. The information on the projects provided on the TREEEC.NET platform serves to provide a general description of what TREEEC intends to make in its own name and for its own account and in which investing members can participate in general or project-related terms by purchasing cooperative shares. TREEEC does not offer consulting services. TREEEC does not provide legal, tax and investment advice.
4 Costs and fees
Registration on the TREEEC.NET platform is free of charge. The services on the platform can only be used by investing members and are also free of charge for them.
5 Limitation of liability and exemption from liability
1. TREEEC is only liable for intent and gross negligence, as far as the liability does not concern the injury to life, body or health.
2. TREEEC is not liable for damage caused by force majeure, in particular riot, war and natural events or strike, lockout, traffic disruption, high-level orders at home or abroad or by other events for which it is not responsible.
3. The preceding paragraphs also apply in favour of the TREEEC employees as well as vicarious agents and other third parties TREEEC uses to fulfil the contract.
4. System integrity
a.) TREEEC reserves the right to change, limit or discontinue the scope and functionalities of the website at any time.
b.) TREEEC strives to ensure that the platform is fully available within the scope of what is technically and economically reasonable. However, due to technical reasons, a right to availability at any time cannot be granted. In particular, maintenance, security or capacity reasons as well as events outside TREEEC’s sphere of control can lead to a temporary restriction or cessation of services and the accessibility of the platform. The accessibility of the platform also depends on the user’s own technical equipment and the quality of the data connection via the Internet.
c.) Under certain circumstances the data according to a) and b) may be lost. TREEEC assumes no liability for the availability of the service or the absence of technical faults or data loss and assumes no liability in this regard. Paragraphs 1 to 3 remain unaffected.
5. The registered user releases TREEEC from any claims that third parties assert against TREEEC due to a breach of duty or rights by the user, unless the registered user is not responsible for the violation. In particular, reasonable costs of legal defence (in particular legal fees) must be reimbursed by TREEEC.
6 Confidential information
1. Registered users may use confidential information for the purpose of making their investment decision, but may not pass it on to third parties, disseminate it or publish it in any way or form, unless TREEEC grants its consent.
2. Confidential information is all documents, information and data that are only available to registered users.
3. No confidential information is such information that
– Have been made available to registered users from third parties without breaching a confidentiality agreement and without any obligation to maintain confidentiality, or
– Are already obvious or
– Have been released or published by TREEEC for distribution or publication.
7 Copyright notice
1. Accessing, copying and saving the websites of the TREEEC.NET platform, their contents or the results generated or displayed with the presentation tools, in whole or in part, may only be undertaken for private, non-commercial use. Copyright notices and brand names may not be changed or removed.
2. The establishment of a hyperlink and an inline link from other websites to one of the websites belonging to this online offer without the prior consent of TREEEC is expressly prohibited. In particular, it is not permitted to integrate or display the websites belonging to this online offer or their content using a hyperlink in a partial window (frame).
3. All actions apart from those not permitted in accordance with sections 1 and 2 require the approval of TREEEC.
8 Additional conditions for registered users
1. Services for registered users
The services for registered users include all the services to which only registered users have access. These include in particular
a.) Acquisition of investing membership in TREEEC
b.) Making inquiries
2. Registration and TREEEC account
a.) Registration is free of charge and takes place by creating a TREEEC account.
b.) Registration is only permitted to natural persons who are at least 18 years of age and have unlimited legal capacity, as well as legal entities. Minors in particular may not register with TREEEC.
c.) Registration is carried out with truthful specification of the requested data. When registering, only individual persons may be specified as holders of the TREEEC account. Registration stating incorrect data is not permitted and entitles TREEEC to exclude it from the platform.
d.) If the data provided changes after registration, the user is obliged to correct the information in his TREEEC account immediately.
e.) A TREEEC account is not transferable. Multiple registrations are generally not permitted.
f.) TREEEC reserves the right to delete incomplete registrations.
3. Confidentiality, blocking notification and other restrictions for the user
a.) Registered users are responsible for the use of their TREEEC account and have to ensure the confidentiality of their password.
b.) If the user observes
– The loss or theft, misuse or other unauthorized use of his password, or
– Any other unauthorized use of his master data by third parties
Then the registered user must inform TREEEC of this immediately (“lockout notice”). At the instigation of the registered user, TREEEC will immediately block his account so that, in addition to TREEEC and persons authorized by TREEEC, no third party has access to this account.
c.) TREEEC may block the account of a registered user without his instigation, if
– Factual reasons in connection with the security of the master data, in particular the password, justify this or
– There is reasonable suspicion of unauthorized or fraudulent or improper use of the master data, in particular to make it more difficult to identify a registered user under the GwG (Money Laundering Act) or to disguise his identity.
TREEEC will inform the user, if possible, stating the relevant reasons before, but at the latest immediately after the block.
d.) TREEEC will remove a block if the reasons for the block no longer exist and inform the user immediately, and if necessary. Exchange the master data and in particular the password in coordination with the user, insofar as this is necessary to secure the account.
e.) TREEEC is entitled to exclude a registered user without giving reasons from the possibility of applying for and acquiring membership as an investing member and thus from the possibility of acquiring cooperative shares offered via the TREEEC.NET platform.
4. Conclusion of contract between TREEEC and investing member
A contract requires that the investing member on the TREEEC.NET platform completes the form specified for the purchase and clicks the “Buy Binding” button at the end of the form. The investing member thus acquires the corresponding cooperative shares.
5. Liability of registered users
– Does not immediately report the loss or theft of the master data, in particular the password, after it has become aware of this, to TREEEC
– Has saved the password for his account, entered his password recognizably outside of the separately agreed websites or otherwise passed it on,
– Communicated his master data to another person, passed it on or made it accessible to a third party in some other way and the abuse was caused by it,
– Noted down his master data together with his password or kept it together with it.
6. Notices from TREEEC
a.) For messages to the investing members, TREEEC uses external telecommunication means, in particular emails and email services.
b.) The investing member must immediately check all communications for accuracy and completeness and notify TREEEC immediately of any objections.
c.) The right to terminate for an important reason as well as other statutory termination rights remain unaffected.
9 Final provisions
1. The legal basis for membership and the shares in the cooperative are the German Cooperative Act and the statutes of TREEEC eG, as amended by the general meeting.
2. Place of jurisdiction and place of performance is Berlin, Germany. The law of the Federal Republic of Germany applies.
Berlin, Oktober 15, 2019