General terms and conditions for Loans
1. Introduction
These Terms and Conditions are applicable to the use of the Website and can be consulted at all times on the Website under “My Lendahand”. As an Investor you are also entitled to request that a copy of these Terms and Conditions be provided to you, by electronic means. The original version is drafted in English. In case of conflict, the English version prevails. By proceeding to register an Account, you as the Investor accept the following Terms and Conditions as contained herein.
These Terms and Conditions are applicable to all users of the Website and shall be applicable to all existing and future transactions between the Crowdfunder, Investor and/or their legal successors, unless otherwise stated in the Loan Agreement. The Investor’s terms and conditions shall never be applicable.
If you elect to invest in a Project, these Terms and Conditions together with the Loan Agreement, will be regarded as binding.
2. Definitions
The following terms shall have the meaning referred to below:
2.1 Account shall mean the personal account created by an Investor after registration on the Website in which the details of all your transactions will be reflected. Accounts are sometimes also referred to as wallets.
2.2 Article shall mean an article from these Terms and Conditions.
2.3 Borrower shall mean the party who is defined as the borrower in the Loan Agreement associated to the Project as published on the Website.
2.4 Business Day shall mean a day on which banks in the Netherlands are open excluding Saturdays and Sundays.
2.5 Crowdfunder shall mean:
a) Hands-on B.V., a private company with limited liability, incorporated under the laws of the Netherlands, registered with the Dutch chamber of commerce under number: 55711766, with its statutory seat in Rotterdam, the Netherlands operating under the name Lendahand.
Registered office address: Eendrachtsplein 3 – unit 2A, 3015LA Rotterdam, the Netherlands.
E-mail address: [email protected]
VAT number: 851829260B01.
2.6 Website shall mean:
a) Lendahand - www.lendahand.com and the affiliated domain names.
2.7 Dutch Civil Code shall mean the Dutch Civil Code.
2.8 Interest shall mean any interest that the Borrower pays in respect of the Loan Amount, as stated in the Loan Agreement.
2.9 Interest Date shall mean the first day of the month following the month in which the Loan Amount has been fully funded, by way of full subscription to and payment of the corresponding Loan Amount. From this date the Loan Amount will be interest bearing at the applicable interest rate as stipulated in the Loan Agreement.
2.10 Interest Payment Date shall mean the date(s) on which the Investor is paid Interest in accordance with the Loan Agreement.
2.11 Investment shall mean the Investment made by the Investor in one or more Projects as published on the Website and in terms of which the investor lends money to Borrower under the Loan Agreement;
2.12 Investor shall mean a (legal) person that invests via the Website in a Project, by means of lending money to Borrower under the Loan Agreement;
2.13 Loan Agreement shall mean the loan agreement as executed between the Borrower and the Investors. The Crowdfunder will execute the Loan Agreement for and on behalf of the Investors in accordance with the mandate as provided for in Article 7.8.
2.14 Loan Amount shall mean the amount included by a Borrower in the Proposal that is requested as a loan.
2.15 Login Data shall mean your username and password with which you get access to your Account.
2.16 Payment Institution shall mean a licensed electronic money institution that transfers funds between the Borrower and the Investor in accordance with these Terms and Conditions, the Loan Agreement and the Payment Institutions terms and conditions.
2.17 Project shall mean an investment opportunity or project as described on the Website.
2.18 Proposal shall mean a request from a Borrower to attract financing via the Website by means of a loan to be received.
2.19 Publication Date shall mean the date on which a Project is published on the Website and is open to Investors for subscription. All Projects are published on the Website 48 hours prior to the Publication Date to allow Investors the opportunity to read the Project.
2.20 Registration Date shall mean the date on which an Investor makes a conditional registration on the Website on a chosen Project and pays the Subscription Amount. The registration is conditional because the Investment only goes through and becomes unconditional if the Loan Amount as indicated in the Project has been achieved by the collective of the Investors that have registered for the concerned Project.
2.21 Repayment shall mean an entire or partial repayment of the Subscription Amount by the Borrower to the Investor.
2.22 Repayment Date shall mean the date on which an Investor receives an entire or partial repayment of the Subscription Amount from the Borrower.
2.23 Subscription Amount shall mean the amount lent by the Investor to the Borrower in accordance with these Terms and Conditions read together with the Loan Agreement. Investors will subscribe to the Loan Amount in increments of 50 EUR.
2.24 Terms and Conditions shall mean these General Terms and Conditions for Loans.
3. Registration of an Account by Investor
3.1 In order to Invest in a Project you must create and register an Account on the Website.
3.2 Only one Account per natural or legal person can be opened (you can hold an Account as a natural person, even if an Account is registered to a legal person in which you are an ultimate beneficial owner (UBO), employee, member, shareholder, director or the like and visa versa, provided that these Accounts make use of different banking details and e-mail addresses);
3.3 In order to register an Account you are required to provide the following data:
a) your full name (as it appears on your ID and bank account);
b) current address;
c) town of residence;
d) e-mail address;
e) in the case of a natural person, you are required to upload a copy of you ID;
f) in the case of a legal person, you are required to upload a copy of all UBO’s ID’s and a chamber of commerce extract that is not older than 3 months;
g) banking details (we wish to draw your attention to the fact that only one bank account per Investor may be registered. The Investor must therefore be able to i) effect payment of the Subscription Amount from this bank account and ii) receive payments of Interest and Repayments from the Borrower into such bank account. If you use a bank account outside of the Netherlands you will be required to submit a copy of latest bank statement or effect payment of EUR0.01cents in order for the Crowdfunder to verify your banking details); and
f) any other information the Crowdfunder may be required to obtain in accordance with law, regulations and/or on the instruction of the Payment Institution.
3.4 By confirming your Account registration on the Website, you declare that the information provided by you during the Account registration process is true and correct. Should this information change, during the period in which you are registered on the Website, you are required to update your Account details accordingly.
3.5 The Crowdfunder will not be liable for any delays, costs, expenses, losses, damages and/or other consequences which result from the Investors failure to keep its Account details updated.
3.6 The Crowdfunder does not charge any fees for the registration and maintenance of an Investor’s Account, nor will the Crowdfunder be liable for any costs and/or expenses incurred by the Investor during the creation, registration and/or updating of its Account.
4 Account Terms and Condition
4.1 The registration of an Account is subject to the following criteria:
a) you are a natural person or legal person;
b) your country of residence (or legal seat as a legal person) and postal address fall within the European Economic Area;
c) you hold an active bank account (IBAN) with a financial institution which is registered and licensed to operate within the European Economic Area.
d) you are an adult (meaning you are at 18 years or older) and legally capable to act or you are authorised to act on behalf of the legal person;
e) you have never been refused access to a similar website to that of the Crowdfunder or service provider of an information company as referred to in article 3:15d section 3 Dutch Civil Code, on account of imputable shortcomings, illegal acts or omissions; and
f) you have never been convicted of a crime or been involved in any computer crime and/or fraud.
4.2 By confirming your Account registration on the Website, you confirm that you comply with the criteria as mentioned in this Article 4.1.
4.3 If at any moment during the period in which you are registered on the Website, you do not comply with the criteria as mentioned in Article 4.1 or any other Terms and Conditions contained herein, you must immediately notify the Crowdfunder thereof in writing.
4.4 The Crowdfunder will, in its sole discretion, determine whether or not to terminate your Account. In the event that the Crowdfunder elects to terminate your Account, any pending Investment(s) in process, will be finalised prior to your Account being terminated. Once you receive notification of your Account termination, you will no longer be able to conclude any new Investments.
4.5 Your Account is accessible with a personal username and password, chosen by yourself. Your Account is strictly personal, and you are obliged to safeguard your Login Data from third parties.
4.6 You are responsible and liable for all acts and transactions executed via your Account, from the moment your Login Data is completed in the designated space on the Website.
4.7 Once logged in any subsequent activity aimed at the execution of documentation shall be deemed to have been signed by you electronically in accordance with article 3:15a section 4 of the Dutch Civil Code.
4.8 The Crowdfunder reserves the right to call for proof of origin of funds in instances where:
a) an Investor invests more that EUR 50 000 per annum; or
b) any other instance in which the Crowdfunder is obligated by law or by a competent authority.
4.9 You will refrain from communicating directly with the Borrower. If you require any further information from or about a Borrower, you must communicate such request to the Crowdfunder, who will transmit such request on a reasonable basis.
4.10 The Crowdfunder reserves the right to change these Terms and Conditions without the consent of Investors. All changes to these Terms and Conditions will be made known to Investors by way of e-mail or by prominent announcement on the Website. The Investor explicitly agrees to these Terms and Conditions, and any subsequent revision thereof, being sent electronically. Should an Investor regard these changes to be of a material nature or in way prejudice the Investors Investment(s), the Investor must notify the Crowdfunder thereof within 20 (twenty) Business Days of receipt of the revised Terms and Conditions. Where an Investor objects to the revised Terms and Conditions, the original Terms and Condition will continue to apply for the tenor of the Investors existing Investments. Should the Investor wish to conclude any new Investments, after the receipt of the revised Terms and Conditions, such Investments will be subject to the revised Terms and Conditions.
5. Termination of your Account and the Effect thereof
5.1 Should you wish to terminate your Account you can do so in accordance with the procedure as published on the Website.
5.2 The Crowdfunder reserves the right to terminate your Account, if:
a) for more than 1 (one) consecutive year you have not made use of your Account or invested in a Project on the Website;
b) you make use of various Accounts;
c) you do not comply with these Terms and Conditions and/or obligations under the Loan Agreement;
d) on account of Force Majeure as referred to in Article 15;
e) you are subject to or have filed an application under the Debt Rescheduling (Natural Persons) Act (Wet schuldsanering natuurlijke personen (Wsnp);
f) you have been granted or filed an application for the suspension of payments;
g) you have been declared or an application has been filed to declare you insolvent or bankrupt; or
h) any other circumstances which comes to the knowledge of the Crowdfunder, after the registration of the Investors Account, which gives the Crowdfunder reason to believe that you will not comply with these Terms and Conditions and/or your obligations as contained in the Loan Agreement.
5.3 Termination of the Account by either the Crowdfunder or yourself does not automatically result in a termination of these Terms and Conditions or any Loan Agreement concluded, unless otherwise agreed by the Crowdfunder in writing. These Terms and Conditions will continue to apply for the tenor of your existing Investment(s). Further to this you still retain all rights and obligations as provided for in the Loan Agreement(s) up to the Repayment Date thereof.
5.4 These Terms and Conditions and obligations relating only to the Crowdfunder as contained in the Loan Agreement will automatically terminate if one or more of the following circumstances occurs:
a) the Crowdfunder ceases its activities,
b) the Crowdfunder is dissolved,
c) an application for the Crowdfunder’s bankruptcy is file or the Crowdfunder is declared bankruptcy, or
d) the Crowdfunder has been granted of filed for a suspension of payments.
5.5 For the avoidance of doubt termination in accordance with Article 5.4 only results in the termination of services that the Crowdfunder provides in accordance with the Loan Agreement. It shall in no way result in the termination of your rights and obligations in respect of the Borrower under the associated Loan Agreement.
5.6 Under no circumstances will the Crowdfunder be liable for any damages, losses, costs and/or expenses incurred by you as a result of the Crowdfunder terminating your Account in accordance with this Article 5.
5.7 The Investor shall indemnify and hold the Crowdfunder harmless against any damages, losses, costs and/or expenses incurred by the Crowdfunder on account of the termination of your Account.
6. Investing via the Website
6.1 The Crowdfunder will from time to time publish Projects on the Website, to which Investors can subscribe. A Project comes into being by a Proposal from a Borrower that complies with the eligibility criteria as set by the Crowdfunder:
6.2 A Project contains, amongst others, the following information:
a) the Borrower’s investment proposal;
b) information about the Borrower and other enterprise associated thereto;
c) the Loan Amount sought by the Borrower;
d) the Interest Rate, if any, the Interest Date as well as the Interest Payment Date;
e) the tenor of the Investment
f) the Interest Payment Date(s) and Repayment Date(s); and
g) the Loan Agreement.
6.3 Upon selecting a Project and the desired amount of your Investment you will be required to effect payment of the Subscription Amount immediately (please note that payments via credit cards are limited to EUR 15 000). The date on which you effect payment will be regarded as the Registration Date.
6.4 The Crowdfunder makes use of a Payment Institution to administer the receipt and payment of funds between the Investor(s) and the Borrower. You agree with the General Terms and Conditions of the Payment Institution each time you conclude an Investment via the Website (these Terms and Conditions can be found on the Website under “My Lendahand”). The Crowdfunder wishes to draw your attention to the fact that the Crowdfunder and Payment Institution can only process a payment after the receipt thereof from the Borrower.
6.5 The Payment Institution will thus hold funds for and on behalf of the Borrower until such time that the Loan Amount is fully subscribed to and is instructed by the Crowdfunder to transfer such funds into the Borrower’s nominated bank account. Neither the Crowdfunder nor the Payment institution will be liable for any interest and/or costs incurred by the Investor from Registration Date until such date that the Loan Amount is transferred to the Borrower.
6.6 You have the right to dissolve an Investment made via the Website within 24 (twenty-four) hours of effecting Payment, in which event the Subscription Amount will be deducted from the Loan Amount and returned to your Account.
6.7 A Project shall remain open for subscription for a period of 60 (sixty) days, calculated from the Publication Date thereof, on the Website. If during this period, the Loan Amount has been fully subscribed to and the full Loan Amount received from the (various) Investor(s), then the Project shall be closed by the Crowdfunder.
6.8 The Crowdfunder shall maintain a record of all the Investors’ who subscribe to the Loan Amount including each Investor’s Subscription Amount. The Crowdfunder will be treated as the recordholder and will represent the Investors’ interests as per the Loan Agreement.
6.9 The Crowdfunder will instruct the Payment institution to disburse the Loan Amount to the Borrower.
6.10 In the event that a Projects Loan Amount is not fully subscribed to within the period mentioned in Article 6.7 the Crowdfunder can elect to either extend this period or close the Project and instruct the Payment Institution to refund the Subscription Amount(s) to the relevant Investors Account(s). Neither the Crowdfunder nor the Payment institution will be liable for any interest and/or costs incurred by the Investor from Registration Date until the date on which the Subscription Amount is refunded.
6.11 The Crowdfunder reserves the right on its behalf as well as on the behalf of the Borrower to refuse an Investment, without statement or reasons, without incurring any liability in respect thereof.
6.12 Unless repaid earlier, in accordance with the Loan Agreement, the Borrower will repay the Subscription Amount(s) on the Repayment Date(s). You may not claim back the amount that you have invested via the Website at any time whatsoever from the Borrower, except in accordance with the Loan Agreement.
6.13 Interest, if any, at the applicable Interest Rate will commence on the Interest Date and is payable in accordance with the Interest Repayment Date(s) as indicated in the Loan Agreement. All Interest payments and principal repayments received by the Payment Institution from the Borrower will be paid to the relevant Investor(s) in accordance with Article 6.14. These funds are thus kept for and on behalf of the relevant Investor(s) until transferred to the Investor(s) nominated bank account(s).
6.14 The Investor may elect to:
a) state that the amount administered on its Account must be transferred by the Payment Institution into a bank account nominated by the Investor after receipt thereof from the Borrower. The Payment Institution shall endeavour to transfer such amount(s) no later than 1 (one) Business Day after receipt of the funds from the Borrower and on instruction of the Crowdfunder; or
b) state that the amount administered on the Account must remain on the Account after receipt thereof by the Payment Institution from the Borrower. The Payment Institution will leave such corresponding amounts after receipt thereof in the Account of the Investor, but never any longer than the Payment Institution is legally authorised to retain the funds in the Account. Depending on the Terms and Conditions of the Payment Institution, the Investor can maintain the funds for the benefit of a future investment (via the Website) with the Payment Institution.
6.15 Neither the Crowdfunder nor the Payment Institution will be liable for any interest, loss, costs and/or damages suffered by the Investor on account of any payment delays.
6.16 When all Subscription Amounts have been Repaid and Interest, in any, is paid in full by the Borrower, the Borrower will be discharged from its obligations under the Loan Agreement.
7. The role of the Crowdfunder in your Investments
7.1 The Crowdfunder manages the Website on which Borrowers may publish Projects in which you can invest via a Loan Agreement.
7.2 The Crowdfunder shall maintain a record of all the Investors who subscribe to the Loan Amount including each Investor’s Subscription Amount. These records include, amongst others, the following information in respect of each Investor:
a) name,
b) address,
c) banking details,
d) the Interest Date and tenor of the Loan Agreement, and
e) the Subscription Amount.
7.3 Lendahand holds a license as investment enterprise for the execution of activities and the placement of financial instruments upon issue. An exemption has also been granted to Lendahand for the mediation in payable funds.
7.4 Except for proof to the contrary, the administration serves as complete proof.
7.5 If requested, the board of directors of Lendahand, as holder of the record, may issue the Investor an excerpt from the administration with regard to his/her right in relation to the Subscription Amount and/or Loan Amount at no additional charge.
7.6 With the exception of the activities mentioned explicitly in the Loan Agreement, you as an Investor can make no claim to support or other services from the Crowdfunder in respect of any Investment/s made on the Website.
7.7 The Crowdfunder receives compensation for its services from the Borrower in accordance with an agreement concluded between the Crowdfunder and the Borrower.
7.8 As an Investor you hereby mandate the Crowdfunder, and provide it with the required power of attorney, to sign the Loan Agreement on your behalf.
7.9 Where a Project includes guarantees, securities, or any other agreement which is established for the benefit of the Investor(s), the Investor(s) provide the Crowdfunder, or any other entity to whom the Crowdfunder delegates such responsibility to, a mandate to concluded and execute such documents for and on behalf of the Investor(s).
8. User conditions of the Website
8.1 You warrant that your use of the Website will in no manner whatsoever violate any laws and regulations, international treaties or intellectual property rights of (legal) persons.
8.2 You warrant that you shall use the Website solely for legitimate purposes.
8.3 You shall not use the Website for the placing or passing on of material or information that is libellous, obscene, or in any way infringes any third-party rights.
8.4 You will refrain from making derogatory statements about the Crowdfunder and/or the Website.
8.5 You may not place any hyperlinks on the Website, without the prior written consent of the Crowdfunder.
9. Risk and liabilities
9.1 You acknowledge, are aware and accept the risks associated with the fact that:
a) a Loan Agreement is financial product that carries a high risk;
b) in case of a default of the Borrower you may even lose your entire Investment;
c) a Loan Agreement does not lead to any form of control in the Borrower;
d) the credit profile of each Borrower differs and as a result thereof the credit risk associated with the Loan Agreement(s) of each Borrower also differs; and
e) the Borrower is subject to laws different from the ones you are subject to.
9.2 No part of the Website is intended to constitute financial advice and the content thereof should not be relied upon when making any investment decision.
9.3 The Crowdfunder does not warrant that your Investment(s) will generate any financial and/or other benefit.
9.4 The Crowdfunder makes no warranty or representation (express or implied) that the Website will (i) meet the Investors’ requirements, (ii) be of satisfactory quality, (iii) be fit for a particular purpose, free of any defects and/or faults, (iv) not infringe the rights of third parties, (v) be compatible with any other (computer) system and (vi) be secure, or that all information provided on the Website will be accurate.
9.5 The content of the Project as it appears on the Website has been compiled with the greatest possible care. However, this information originates from third parties for which the Crowdfunder shall not be responsible and/or liable.
9.6 Where the Website makes use of hyperlinks to other websites, these links are for information purposes only and the Crowdfunder shall not be responsible and/or liable for the content of these websites.
9.7 The Crowdfunder shall not be liable for errors, incorrect information, misunderstandings, delays or failure to communicate messages as a consequence of the use of the internet or any other (electronic) means of communication in an exchange between you, the Crowdfunder and the Borrower.
9.8 The Crowdfunder has taken the necessary precautions to ensure that Investors can pay safely via the Website. The effecting of payments, however, is a service that is executed by the Payment Institution for which the Crowdfunder shall not be responsible and/or liable.
9.9 The Crowdfunder shall not be liable for any disruption, delay or availability of the Website resulting from internal or external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure and /or maintenance.
9.10 The Crowdfunder shall not be liable for any costs, expenses, losses and/or damages you may incur as a consequence of incorrect, misleading and/or incomplete data provided by you.
9.11 The Crowdfunder shall not be liable for any costs, expenses, losses and/or damages incurred by you as a consequence of any act or omission on the part of the Crowdfunder.
9.12 In the event that the Crowdfunder, for reason whatsoever, is required to compensate the Investor or Borrower for any costs, expenses, losses and/or damages incurred, such compensation shall never exceed the amount of the concerned Investment.
9.13 The Crowdfunder shall not be liable for any consequential or indirect damages.
9.14 The exclusions and limitations of liability of the Crowdfunder as contained in this article 9 shall not apply in case of wilful intent or gross negligence on the part of the Crowdfunder or its respective directors, consultants, employees, consultants and agents.
9.15 You shall indemnify the Crowdfunder, its respective directors, consultants, employees and agents against any and all claims, actions, costs, losses and/or damages incurred by the Crowdfunder, its respective directors, consultants, employees and agents on account of any breach by you of your obligations on the basis of the Loan Agreement(s) and/or these Terms and Conditions.
10. Costs, taxes and levies
10.1 Unless otherwise agreed in the Loan Agreement or in these Terms and Conditions, all costs related to the administration and the subscriptions to the Loan Amount are for the account of the Crowdfunder.
10.2 All taxes, levies and such – under whichever name and levied by whoever – that concern the relation between the Investor and the Crowdfunder, will be for the Investors own account, unless otherwise agreed between the Investor and the Crowdfunder in writing or stipulations of mandatory law prescribe otherwise. As an Investor, you are personally responsible for the tax return with regard to your Investment.
10.3 The Crowdfunder is obligated, under fiscal law, to send information regarding outstanding amounts to the tax authority every January. In order for the Crowdfunder to fulfil this obligation, the Investor is required to supply the Crowdfunder with his/her BSN number. Please note that the Crowdfunder does not process the Investor’s BSN number for validation purposes and thus requests Investors to ensure the accuracy of such information provided.
11. Protection intellectual property
11.1 The information, text, images, photos and illustrations on the Website and the design of the Website, are protected on the basis of the Dutch laws Auteurswet, Databankenwet and other applicable legislation. Except in cases where the law provides or you have obtained the prior written consent of the Crowdfunder, you may not copy (including “framing”) any information, text, images, photos, illustrations and/or designs from the Website, nor may you make such information available to third parties. The request for and viewing of data and the making of prints for own individual use is permitted within the limits stated in the applicable legislation.
11.2 The information, text, images, photos and illustrations that have been made available by the Borrower shall at all times remain the intellectual property of the Borrower.
11.3 The word and image brands on the Website belong to the Crowdfunder. It is not permitted to put one or more of these brands and logos on your own site or to use it otherwise without prior permission of the Crowdfunder.
12. Privacy and personal data
12.1 The Crowdfunder is bound by the data protection directive GDPR when collecting and/or processing personal data. Personal data is data with which you can directly or indirectly be identified, such as your name, address, date of birth, phone number, and e-mail address.
12.2 The Crowdfunder furthermore has a privacy policy under which it processes and uses personal data in accordance with current legislation and regulations (the data protection directive GDPR and telecom legislation ‘Telecommunicatiewet’).
12.3 The Crowdfunder collects personal data when you leave your e-mail address on the Website and/or you register as an Investor. In addition, the Website makes use of cookies, as described in Article 13. The Crowdfunder does not collect any more personal data than is necessary for the relevant component of the services provided.
12.4 The Crowdfunder uses this information to:
a) to implement the provision of services (contract),
b) for marketing purposes (legitimate interest),
c) to be able to comply with legal obligations (e.g. with an eye on countering terrorism and to prevent money laundering), and/or
d) for any other purposes it deems necessary with your permission (consent).
12.5 The Crowdfunder uses your personal data exclusively in accordance with the purposes described in these Terms and Conditions and does its utmost to protect your personal data.
12.6 The Crowdfunder retains your personal data no longer than is necessary to be able to implement the provision of its services and to be able to comply with its legal obligations. The retention period of the various categories of personal data has been established by the executives of Crowdfunder in the Crowdfunder’s privacy policy.
12.7 You have various rights with regards to your personal data which is collected and processed by The Crowdfunder. You have the right, for example, to information, the right of perusal, the right to limit the processing, the right of data portability, the right to object, the right of rectification and deletion of personal data. You can find more information about these rights on the website of the data protection agency ‘Autoriteit Persoonsgegevens’ (https://autoriteitpersoonsgegevens.nl).
12.8 The Crowdfunder shall not sell or otherwise make available your personal data to anybody without your prior consent. The Crowdfunder reserves the right to make personal data available without your prior consent in instances where it is required to do so by law or if it is necessary in order to comply with a lawful obligation.
12.9 If you state at the conclusion of the Loan Agreement to agree that the Crowdfunder uses your information for placement on the Website, then the Crowdfunder shall, after each Investment made by you, place your name, gender (optional)and photo on its Website. If you at any moment no longer wish to have this information published on the Website, then you can modify this via your Account settings on the Crowdfunder Website in which event the Crowdfunder shall remove your data within 2 (two) Business Days from the Website.
12.10 The Crowdfunder protects your personal data with security measures that meet relevant standards, including physical, organisational and technical measures that are meant to protect your personal data against loss, theft, unauthorised access, disclosure, multiplication, use or changes.
12.11 The Crowdfunder wishes to emphasise that the sending of personal data per internet connection at all times bears risks. You are personally responsible for the security of the internet connection used by you.
12.12 The Crowdfunder reserves the right to unilaterally introduce changes to the provisions, policies and documentation mentioned in this Article in order to ensure that it complies with laws and regulations at all times. We therefor request that you review these Terms and Conditions frequently, so that you are aware of any changes.
12.13 If the Crowdfunder introduces a substantial change in the manner in which it processes your personal data, then the Crowdfunder shall warn you by a prominent announcement on the Website and/or by means of e-mail.
13. Use of Cookies and Marketing
13.1 The Website makes use of cookies. Cookies are small pieces of information that are stored by the browser on your computer. Cookies can be used for varying purposes, for example to remember your setting, or they may be analytical cookies with which visits to the Website are measured, or they may be applied for marketing purposes and social media.
13.2 You decide what kind of cookies you want to accept and you are free to subsequently change these settings on the Website.
13.3 After you have registered on the Website, the Crowdfunder can inform you by way of e-mail of any information relating to products and/or services. Each e-mail sent within the framework of direct marketing activities, will offer you the option to indicate if you wish to stop receiving such e-mails.
14. Document Retention
14.1 These Terms and Conditions are published on the Website. Upon request, the Crowdfunder shall make these Terms and Conditions available to you electronically by means of an e-mail. You are responsible for the storing of the Terms and Conditions. You are also responsible for the accessibility of the stored copies.
14.2 The Crowdfunder will retain all Agreements in accordance with the applicable document retention legislation, however, these archives may not always be accessible to you.
15. Force Majeure
15.1 In case of Force Majeure, the Crowdfunder is entitled to suspend services and/or obligations towards you as an Investor in part or whole. Such services and/or obligations shall remain suspended for the duration of the Force Majeure or the Crowdfunder may elect to terminate such service.
15.2 Under Force Majeure will be understood all circumstance independent of, or beyond the will and/or control of the Crowdfunder for example: strikes, war, energy disruptions, fire, the refusal, suspension or termination of any permit and/licence required for Crowdfunder’s operations, disruptions in (telecommunication) network or connection or used communication systems.
16. General stipulations
16.1 All communications must be made in writing in either Dutch or English and may only be handed over personally, be sent per registered mail, courier, fax or e-mail to such addresses and fax numbers which the Crowdfunder and you as Investor have informed each other of from time to time.
16.2 A notification is considered to be effective as soon as it is received and is deemed to have been received on the moment of handing (if handed over personally, sent by registered mail or courier) or on the moment of successful sending (if sent per fax or e-mail).
16.3 In case of a merger, acquisition or dissolution of the Crowdfunder, the legal successors of the Crowdfunder can independently exercise all rights and authorities under the Loan Agreement and/or these Terms and Condition and shall comply with all obligations of the Crowdfunder. The Crowdfunder can transfer the legal relation with the Investor and the rights, obligations and additional right that belong thereto (in whole or in part) to a third party. By accepting these Terms and Conditions you are deemed to have given prior consent to such transactions.
16.4 An Investor cannot transfer its rights and/or obligations under the Loan Agreement and/or these Terms and Conditions to a third party without the prior written consent of the Crowdfunder.
16.5 Any illegal or unenforceable provision contained in these Terms and Conditions may be severed and the remaining provisions shall continue in force.
17. Complaints, disputes, choice of law and court
17.1 If you are not satisfied with the Crowdfunder’s services, we request that you formally notify us thereof (contact details for the Crowdfunder can be found under Article 2.5). If we do not resolve your complaint to your satisfaction, you may refer such compliant to the Klachteninstituut Financiële Dienstverlening (KiFID).
17.2 These Terms and Conditions are regulated by the Laws of the Netherlands. All disputes in connection with or further to these Terms and Conditions shall in the first instance be resolved by the District Court in Rotterdam or in Utrecht.