Pearltrader

Terms of Use

Terms of Use

Darksea Finance GmbH will exclusively provide the PearlTrader service under the following Terms of Use.

§ 1 PearlTrader is for general information only

The information and services that are provided with PearlTrader exclusively serve general information purposes. The utilisation does not constitute an investment consulting. Please note that the information and services provided by PearlTrader are not checked for completeness and accuracy. PearlTrader is particularly not subject to any inspection and consultancy duty and does not owe any further research. Any information is provided for information only and without any warranty.


§ 2 Registration with PearlTrader

2.1 In order to register with PearlTrader, you must have turned eighteen (18). By the completed registration with PearlTrader, you confirm that any information that you provided during the registration process as well as any other information in each case requested by PearlTrader is current, true and complete. Changes must be notified without delay. PearlTrader reserves the right to terminate you membership after a fruitless warning if the information provided by you including the e-mail address is no longer current or correct.

2.2 You are the only authorised recipient of PearlTrader. You undertake not to provide or send the received e-mails to any other person. You alone are responsible for all sent messages, declarations or acts and omissions occurring within PearlTrader.


§ 3 Copyrights

The contents provided by PearlTrader are the intellectual property of Darksea Finance GmbH or their licensers and are protected by means of copyrights, trademarks, patents or other ownership and ancillary copyrights and legal provisions. You acknowledge that all contents located with PearlTrader are the sole property of Darksea Finance GmbH and/or their licensees. The information contained in PearlTrader or derived therefrom, including messages, photos, video graphics and other material must neither be copied nor published, distributed, spread, processed, modified or used for commercial purposes in any other way, unless Darksea Finance GmbH has granted its explicit written consent.

Permission is granted to make electronic copies and paper print-outs from parts of PearlTrader and the provided information and reports, however only for your private and own use.


§ 4 Linking

PearlTrader contains links (“Links“) to websites and resources of other provides in the Internet. PearlTrader provides the links to these websites exclusively for the customers’ convenience. The inclusion of these links into PearlTrader is no implicit or any other recommendation or approval by PearlTrader of the linked websites or products or services of these websites. The information contained on these websites has neither been recommended nor approved by PearlTrader. In particular, PearlTrader does not adopt the contents of these websites to which there is a link. PearlTrader cannot influence the linked websites and is not responsible for the content of any linked website or any link that is contained on any linked website.


§ 5 No investment consulting; financial or security services by the PearlTrader

5.1 Under PearlTrader, Darksea Finance GmbH does not complete any investment consulting and does not issue any purchase or sale demands regarding securities, financial products or instruments. PearlTrader does not offer any tax, legal or investment advice. Apart from that, the information available from PearlTrader is no offer or advertisement for buying, selling or holding securities.

5.2 The PearlTrader employees are not authorised to provide any investment consulting services; you acknowledge that PearlTrader does not provide any investment consulting.

5.3 With PearlTrader, neither financial services in the sense of the German Banking Act nor security services in the sense of the Securities Trading Act are offer. This is noted and acknowledged by you.


§ 6 No purchase, hold or sale recommendations

With the PearlTrader.com site, PearlTrader.com and/or Darksea Finance GmbH do not give any recommendation to purchase, hold or sell shares. The function has only been included to learn about and publish the users’ opinion. No Darksea Finance GmbH employee and/or PearlTrader.com editor is allowed to give any recommendation to buy, hold or sell and will not do so. This function is only used by the externally registered users.


§ 7 No financial analysis

The company ratings published on the PearlTrader sites are only opinions and estimates regarding certain parameters of the respective company.

Neither the PearlTrader services as a whole nor the single contributions, publications or other representations of opinions constitute a financial analysis or analysis of financial instruments in the sense of section 34 b WpHG (=Wertpapierhandelsgesetz ~ Securities Trading Act). Neither the PearlTrader services as a whole nor single contributions, publications or other representations of opinions constitute a summary of a financial analysis prepared by a third party and the publication on the PearlTrader sites is no transfer of such summary in the sense of section 34 b subsection 2 WpHG. It is particularly no information directly or indirectly containing a recommendation for a certain investment decision that is to be made available to a certain circle of persons. The ratings and/or estimates regarding companies published or made available by PearlTrader do neither completely nor partially constitute a financial analysis in the closer sense according to section 34 b subsection 1 sentence 1 WpHG or a financial analysis in the broader sense.

Thus, the ratings and/or estimates regarding the companies do neither constitute a recommendation regarding a financial instrument or its issuer, nor do they contain any such recommendation. Insofar, particularly no indirect recommendation for a certain investment decision is intended either, as among other things, neither the current nor the future stock exchange price and/or value of a financial instrument is assessed. Insofar, we explicitly attach importance to the fact that if, according to objective criteria, it is an opinion to be regarded as assessment at all, it is highlighted in an easily recognisable way that only past events and/or current events or facts regarding the financial instrument and/or related with the financial instrument are included in the company-related ratings and/or comments at and/or by PearlTrader.

Analogously, PearlTrader will not pass on any financial analysis, for example in the sense of section § 34 b subsection 5 WpHG.


§ 8 Disclosure of benefits

From companies and/or issuers, Darksea Finance GmbH receives benefits in the form of commissions, cash benefits or non-cash benefits for services exceeding the basic information offer of PearlTrader. More information is available from the respective companies.


§ 9 Warranty exclusions

We do not represent and warrant that access to the PearlTrader will be possible in an uninterrupted, reliable, virus-free and faultless way. We do moreover not accept any warranty that PearlTrader or the contents listed therein (regardless whether the contents are provided by us or not) are correct, current, complete, reliable or suitable for a special purpose. We do not make any warranty or representation regarding goods and services that are offered by third parties or by PearlTrader.


§ 10 Unenforceability

The unenforceability of any provision of these General Terms and Conditions does not affect the enforceability of the other provisions of these Terms of Use.


§ 11 Termination of the membership

11.1 The membership can be terminated at any time. For technical reasons, we have reserved that registered users cannot terminate their membership online. You are welcome to contact us and thus initiate a termination by us.

11.2 Any suspected fraud, misuse or illegal act may also cause the membership to be terminated and is passed on to the responsible inspecting or law enforcement agency.


§ 12 Applicable law

These Terms of Use (as well as any disputes, controversies, procedures or claims of any kind that result out of these Terms of Use or are in any way related with these Terms of Use or their conclusion) are subject to German law and are interpreted in compliance with German law.


§ 13 Place of jurisdiction

Place of jurisdiction for the commercial legal relations is Frankfurt am Main.