Terms of Service

Acceptance of Terms

By accessing and using the website and services of embercresters GmbH ("we", "our", "us", or "embercresters"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and embercresters. If you do not agree to these terms, you must not use our website or services.

Company Information

embercresters GmbH is a company incorporated in Germany with registration number HRB741902. Our registered office is located at Kirchstraße 157, 70657 Stuttgart, Baden-Württemberg, Germany. Our VAT number is DE298347510. We specialise in equipment leasing services for businesses across the European Union.

Service Description

embercresters provides equipment leasing services including but not limited to technology equipment, commercial vehicles, and industrial machinery. Our services are designed for business customers and are subject to credit approval and specific lease agreement terms. All leasing arrangements are governed by separate lease agreements that supplement these general terms of service.

User Obligations

When using our website and services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the confidentiality of any account credentials
• Use our services only for lawful business purposes
• Comply with all applicable laws and regulations
• Not engage in any activity that could damage, disable, or impair our services
• Not attempt to gain unauthorised access to our systems or networks
• Respect the intellectual property rights of embercresters and third parties

Application and Credit Assessment

All equipment leasing applications are subject to credit assessment and approval. We reserve the right to decline any application at our sole discretion. The submission of an application does not constitute an offer or guarantee of approval. Credit checks may be conducted with appropriate credit reference agencies, and such checks may be recorded and affect your credit rating.

Intellectual Property

All content on our website, including text, graphics, logos, images, software, and other materials, is the property of embercresters or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission. The embercresters name and logo are trademarks of embercresters GmbH.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms part of these terms. By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

Limitation of Liability

To the fullest extent permitted by law, embercresters shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our website or services. Our total liability for any claims arising from these terms or your use of our services shall not exceed the amount paid by you to embercresters in the twelve months preceding the claim.

Disclaimers

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure. While we strive to provide accurate information, we make no representations about the accuracy, reliability, or completeness of any content on our website.

Indemnification

You agree to indemnify, defend, and hold harmless embercresters, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Germany. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Stuttgart, Germany. If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Termination

We reserve the right to terminate or suspend your access to our website and services at any time, with or without notice, for any reason, including breach of these terms. Upon termination, all rights and obligations under these terms shall cease, except for those provisions that by their nature should survive termination, including intellectual property rights, limitation of liability, and governing law provisions.

Force Majeure

embercresters shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or technical failures. In such events, we will make reasonable efforts to resume normal operations as soon as possible.

Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new terms. We recommend reviewing these terms periodically to stay informed of any updates.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any specific lease agreements, constitute the entire agreement between you and embercresters regarding your use of our website and services. These terms supersede all prior agreements, understandings, or communications between the parties.

Contact Information

If you have any questions about these Terms of Service, please contact us: