T&C Website

1. Scope

1.1 These General Terms and Conditions (“Terms”) apply to the relationship between Peregenius SCC Ltd., 168 St. Christopher Street, VLT 1467 Valletta, Malta (hereinafter also referred to as “PEREGENIUS”), as operator of the Online Portalhttps://peregenius.com and its customers.

1.2 These terms and conditions apply exclusively; any general terms and conditions of the customer shall only apply if and to the extent that PEREGENIUS expressly acknowledges them in writing. In particular, the silence of PEREGENIUS on such deviating terms and conditions shall not be deemed recognition or approval, including future contracts.

1.3 If individual agreements have been made with the customer in individual cases, these have priority over these GTC. The content of such agreements is governed by a written contract or the written confirmation of Peregenius.

1.4 Legally relevant declarations and advertisements which are to be submitted by the customer to PEREGENIUS after the conclusion of the contract (e.g. setting of deadlines, termination, etc.) must be in writing in order to be valid.

2. Business activity of Peregenius

Peregenius SCC Ltd. is a Securitisation Cell Company (SCC), a company incorporated for the sole object of entering into securitisation transactions. A SCC establishes within itself one or more cells for the purpose of entering into securitisation transactions, a financing process by which an entity transfers illiquid assets or risks to a dedicated securitisation vehicle in exchange for cash equivalent; the securitisation vehicle is thereby financed by the issuance of transferable securities. While a securitisation cell is not a legal person separate from the securitisation cell company, it constitutes by law a separate and ring-fenced patrimony of the SCC. The SCC is regulated by the Securitisation Act and the Securitisation Cell Companies Regulations.

3. Fees

3.1 If the customer makes use of the services of PEREGENIUS, e.g. setting up a securitisation sub cell, fees will be charged. The amount and nature of these charges is set out in a separate agreement between the customer and Peregenius SCC Ltd. determined in individual cases.

4. Risk Warnings

4.1 When acquiring and disposing financial instruments, there is a high level of risk to the customer’s assets, including a total loss of capital and further losses. The completion of such transactions requires in-depth knowledge of these financial instruments or in-depth technical advice.

5. Liability

5.1 Insofar as nothing to the contrary arises from these General Terms and Conditions, including the following provisions, PEREGENIUS shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

5.2 PEREGENIUS shall be liable for damages – for whatever legal reason – in the case of intent and gross negligence. In the event of ordinary negligence, PEREGENIUS shall only be liable a) for damage resulting from injury to life, limb or health; b) for damage resulting from the breach of a material contractual obligation (i.e. an obligation the fulfilment of which is the proper performance of the contract only possible and on the compliance of which the customer regularly trusts and may trust); however, liability of PEREGENIUS is limited to compensation for foreseeable, typically occurring damage.

5.3 Despite high technological standards, the accessibility of the online portals of Peregenius SCC Ltd. can not be guaranteed. PEREGENIUS is only liable for damages resulting from faulty hardware and software if the cause of the damage is attributable to the business sphere of PEREGENIUS and intent or gross negligence on the part of PEREGENIUS. PEREGENIUS is not liable for the fault of a third party.

5.4 PEREGENIUS has basically no influence on the completeness, content, correctness and timeliness of the price information and therefore assumes no liability for them. The trading of the customer with financial instruments is handled by the respective product provider. In the case of disruptions of data transmission, in particular in the form of incomplete, delayed, incorrect or other erroneous transmission, PEREGENIUS shall only be liable to the extent that the cause of this incorrect transfer is attributable to the business sphere of PEREGENIUS and intent or gross negligence on the part of PEREGENIUS. PEREGENIUS is not liable for the fault of a third party.

5.5 The above exclusions or limitations of liability also apply with regard to the liability of PEREGENIUS employees, employees, employees, representatives and vicarious agents, in particular in favour of the shareholders, employees, representatives, bodies and their members regarding their personal liability.

6. Changes to the Terms

Changes to these terms and conditions will be announced to the customer in writing or by email. They shall be deemed approved if the customer does not object to them in writing or by electronic means of communication within six weeks of receipt of the changes. PEREGENIUS will particularly point out this episode to the customer. Decisive for the period is the sending of the objection.

7. Final provisions

7.1 These terms and conditions and all legal relationships between PEREGENIUS and the customer are governed exclusively by the law of Malta.

7.2 If the customer is a merchant and the disputed business relationship is attributable to the business of his commercial business, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the domicile of PEREGENIUS in Valletta, Malta. However, PEREGENIUS is also entitled to file suit at the customer’s place of general jurisdiction.

7.3 Changes to the contract through individual contractual agreements are informal. Incidentally, changes and additions to these terms and conditions as well as side agreements require the written form. This also applies to a waiver of this written form clause.

7.4 Should one of the above provisions be or become ineffective, the validity of the remaining provisions remains unaffected. The contracting parties are obliged to replace the ineffective provision by a provision which is as similar as possible in economic success.