General Terms and Conditions
Lendahand Finance B.V.
Eendrachtsplein 3, Unit 2A
3015 LA Rotterdam
The Netherlands
Chamber of Commerce: 55711766
VAT: 851829260B01
1. Introduction
These Terms and Conditions are applicable to the use of the Lendahand Website www.lendahand.com. By digital signing of an Agreement, you accept these Terms and Conditions. Lendahand has filed these Terms and Conditions with the Chamber of Commerce Rotterdam. Hands-On B.V., having its seat of business in Rotterdam is registered with the Chamber of Commerce Rotterdam under number 55711766 (trading under the name “Lendahand”). The terms and conditions can at all times be consulted on the Lendahand Website. These Terms and Conditions are applicable to all users of the Lendahand Website and Terms and Conditions of users shall never be applicable. Also, these Terms and Conditions applicable on all existing and future legal relations between Lendahand or its legal successor and Investors, unless in the Agreement(s) has been deviated there from or if these Terms and Conditions are contradictory or incompatible therewith. If in these Terms and Conditions reference is made to Agreement(s), then also these Terms and Conditions will be understood thereunder. If you accept a Proposition, then these Terms and Conditions also contain the Terms and Conditions of the Bond(s) acquired by you then, that Lendahand keeps under the title of management for the Investors in the concerned Collective Depot.
2. Glossary
In these Terms and Conditions, various definitions are used. Below, you will read what we understand under these definitions.
Purchase Price
the price to be paid by an Investor to the Issuing Entity per Bond of EUR 50. In case that in the Proposition has been stated explicitly, that the denomination of the Bond(s) is in a foreign currency, the Purchase Price shall be paid in EUR on basis of the EUR counter value of the Purchase Price in the foreign currency, which EUR counter value shall be established by the Payment Institution.
Starting date
the date on which the tenor of the Bond Loan starts.
Account
the personal account created by an Investor after registration on the Lendahand Website, on which among others the Bonds invested by the Investor and amounts (to be) received back will be represented.
Redemption
an entire or partial repayment on the principal amount of a Bond.
Redemption Date
the date on which an Investor receives an entire or partial repayment of a
Bond.
Article
an article from these Terms and Conditions.
Payment Institution
a party that keeps monies under it in connection with Investments and Bond Loans, including the taking into receipt of the Purchase Price for the Issuing Entity and the receiving and payment of Interest and Redemption to the Investor by the Issuing Entity and which party has thereto the necessary authority and authorisation.
Confirmation e-mail
an e-mail addressed to you, in which it is confirmed for which amount, and in which currency, you have purchased and acquired Bonds. Further information in this e-mail contains the Interest, tenor of the Bonds, starting date of the Bonds and repayment schedule of Interest and Redemption.
Dutch Civil Code
the Dutch Civil Code.
End date
the last day on which Investors can subscribe on a Bond Loan.
Chosen Proposition
an Investment that by placement on the Lendahand Website stands open for registration by Investors, of which the proceeds ultimately are meant for the benefit of a specific Entrepreneur such as described on the Lendahand Website, to which the Investor has subscribed on the Investment Date.
Login Data
your username and password with which you get access to your Account.
Registration date
the date on which an Investor makes a conditional registration on the Lendahand Website on a Chosen Proposition and pays the Purchase Price against issue of Bonds. The registration is conditional because the Investment only goes through and becomes unconditional and the Bonds only will be issued if the target amount of the Chosen Proposition has been achieved by the collective of the Investors that have registered for the concerned Proposition.
Investor
a (legal) person that invests via the Lendahand Website in a Proposition, by means of a Bond.
Investment
the Investment made by the Investor in one or more Bonds.
Investment amount
the amount included by an Entrepreneur in the Investment Request that is requested as a Loan.
Investment Request
a request of an Entrepreneur to an Issuing Entity for an Investment of an Issuing Entity in the form of a Loan to be received, or (ii) a direct request of an Entrepreneur being the Issuing Entity, to attract financing via the Lendahand Website by means of the issue of Bonds, or (iii) an Investment in a form comparable with previous type of Investments.
Lendahand
Hands-On B.V., trading under the name “Lendahand”.
Lendahand Website
the website managed by Lendahand: www.lendahand.com and the Affiliated domain names, the platform on which Investors can do their Investment.
Bond
a transferable digital stock issued by an Issuing Entity with a nominal value of EUR 50. In case that in the Proposition explicitly is stated that the denomination of the Bond(s) is in a foreign currency, (meaning a currency other than EUR), the Purchase Price shall be paid in EUR on basis of the EUR counter value of the Purchase Price in the foreign currency, which EUR counter value shall be established by the Payment Institution by means of a purchase rate recorded on the day of placement of the Proposition (or of the previous Working Day if the day of placement does not fall on a Working Day). In case of a Bond in a foreign currency, Redemption and Interest shall be calculated in the same manner as described before. The Redemption and Interest shall in that case be established by the Payment Institution.
Bond Loan
a bundle of tradeable Bonds, or comparable financial instruments, such as declarations of debt, issued by an Issuing Entity for the benefit of a specific Proposition, which Bond Loan will be kept by Lendahand in the concerned Collective Depot.
Bond conditions
the Terms and Conditions of the Bonds of a Bond Loan belonging to the Chosen Proposition.
Entrepreneur
the entrepreneur that has submitted an Investment Request.
Agreement
an agreement concluded between Lendahand and the Investor, concerning the use of the Lendahand Website and concerning the making of an Investment whereby Lendahand of the Issuing Entity has obtained a power of attorney to realise the purchase agreement with regard to the Bonds on behalf of the Issuing Entity, between the Issuing Entity and Investor.
Proposition
a Chosen Proposition.
Publication date
the date on which a Proposition will be published on the Lendahand Website and is open for Investors for subscription.
Interest
the part of the interest belonging to the Investor, that is paid by the Issuing Entity over the Bond such as stated in the Bond conditions. Interest will be calculated on the basis of 30 days in a month and 360 days in a year. The interest will be calculated over the outstanding amount on the concerned Bond, after Redemption shall therefore over the redeemed amount no Interest be calculated or allocated anymore.
Interest payment date
the day on which the Interest to the Investor must be paid by the Issuing Entity in accordance with the Bond conditions. Interest payment by the Issuing Entity that takes place on the Account of the Investor occurs no later than 10 working days after the Interest period has ended.
Interest Date
the first day following the month in which the Bond Loan has been fully paid up, from which date the Bonds corresponding with the Proposition will be interest bearing.
Interest period
each six-month period to be counted from the Starting date.
Issuing Entity
a party, such as Local Partner or Entrepreneur, that delivers Propositions on the Lendahand Website and (in principle) honours Investment Requests after full subscription of the Proposition and the issue of Bonds deriving therefrom, belonging to the concerned Proposition.
Collective Depot
the depot held by Lendahand as referred to in the Dutch Law WGE, in which Bonds of a sort have been delivered to Lendahand as intermediary in the sense of the Dutch Law WGE, which depot forms a sequestered capital from the capital of Lendahand. In accordance with the Dutch Law WGE, there is for each sort of Bonds a separate Collective Depot.
Terms and Conditions
these General Terms and Conditions.
Working days
a day on which banks in the Netherlands are open.
WGE
Dutch Law Wet giraal effectenverkeer.
3. General stipulations
3.1 The Agreement and these Terms and Conditions can be provided in the Netherlands’ or the English language and all communication between you and Lendahand shall take place in the Netherlands’ or the English language, unless it is explicitly agreed otherwise in the Agreement.
3.2 Unless in the terms and conditions or the Agreement established explicitly otherwise, the communication between the users of the Lendahand Website and Lendahand takes place in an electronic manner.
3.3 On any moment during the tenor of the Agreement, the user has the right to receive the Terms and Conditions free of charge on paper or in an electronic manner
4. Registration and Account
4.1 To be able to make use of the Lendahand Website, you must register on the Lendahand Website, with which you create an Account. In order to register yourself, you must provide data on the Lendahand Website, including (i) your name, (ii) address, (iii) town of residence and (vi) e-mail address. Registration is subject to the following Terms and Conditions: (a) you are a natural person or legal person; (b) you have your town of residence (or legal seat as a legal person) and postal address in the European Economic Area; (c) you have the disposition over a bank account with a bank having its seat in the European Economic Area; (d) you are an adult and legally capable to act/authorised on to act on behalf of the legal person; (e) access has never been refused to you because of an imputable shortcoming or illegal act or omission to a similar website as the Lendahand Website and/or by a service provider of the information company as referred to in article 3:15d section 3 Dutch Civil Code; and (f) you have never been convicted because of any crime such at the discretion of Lendahand or because of any violation with regard to computer crime and/or fraud. By the confirmation of your registration on the Lendahand Website, you declare that the information provided by you in connection with the registration, is correct and that you comply with the Terms and Conditions as mentioned in this Article under a to f. If you not do not comply with the aforementioned Terms and Conditions, then you cannot register via the Lendahand Website. You can in that case contact Lendahand via info@lendahand.com.
Lendahand can, on the basis of laws and regulations, be required to gain additional information about you, and you shall reasonably grant your cooperation so that Lendahand obtains these additional data of you.
4.2 If you on any moment during the period in which you are registered on the Lendahand Website, do not comply anymore with the Terms and Conditions such as mentioned in Article 4.1, or if your data are not correct any more, then you must notify Lendahand hereof per direct in writing. Lendahand can decide according to its own insight to terminate your registration. Your registration ends in that case after processing of your current Investments. You can from the moment of receipt of a notification to termination conclude no new Investments.
4.3 You are obliged to add to and/or change the data that has been provided for the registration each time if the data is not correct or complete anymore.
4.4 Lendahand reserves the right to change the Terms and Conditions that it sets for the registration.
4.5 Your Account is accessible with a personal username chosen by yourself in combination with a personal password chosen by yourself. Your Account is strictly personal and you are obliged to keep the Login Data secret for third parties. Per natural or legal person only one Account can be opened.
4.6 You are responsible and liable for all acts that are executed via your Account. On the moment that your Login Data are filled in on the Lendahand Website in the designated space, and you log in and subsequently activities are executed that are aimed at the signing of documents, will be you deemed to have signed these documents electronically in the sense of article 3:15a section 4 Dutch Civil Code.
4.7 You can terminate your Account according to the procedure that is published on the Lendahand Website.
4.8 Lendahand reserves the right to terminate your Account, if: a) you more than 1 consecutive year have made no use of your Account and with your Account have purchased no single Bond; b) you make use of various Accounts; or c) you do not comply with your obligations under these Terms and Conditions and/or the Agreement(s).
4.9 Termination of the Account by Lendahand or by you has no automatic termination of the Terms and Conditions as a consequence. If you have terminated your Account, Lendahand can however decide to terminate these Terms and Conditions. After the termination of the Terms and Conditions, you remain however bound to certain obligations from the terminated Terms and Conditions and you still retain rights under Bonds in which you have invested up to the Redemption Date.
4.10 Lendahand shall bring you no costs into account for the registration and the maintaining of the Account. The costs that you have made yourself in the framework of the registration or the maintaining of the Account, are for your own account.
4.11 The taking into receipt of payments for the Investments (and passing on of the concerned monies to the Issuing Entity) and the receiving of Interest and Redemption takes place by the Payment Institution. You agree with the General Terms and Conditions of the Payment Institution when you do an Investment on the Lendahand Website (these Terms and Conditions can be found here).
5. Investing via Lendahand
5.1 Investments take place via the Lendahand Website by means of the purchase of one or more Bonds. On the Lendahand Website, the Propositions will be placed, for which an Investor can subscribe. A Proposition comes into being by an Investment Request (i) of an Entrepreneur to an Issuing Entity that assesses the Investment Request and if it complies with the criteria set thereto, forwards it to Lendahand, or (ii) a direct request of an Entrepreneur being the Issuing Entity that complies with the criteria set by Lendahand. Lendahand shall place the Proposition subsequently on the Lendahand Website, after which Investors can subscribe to the Bonds belonging to a certain Proposition.
The credit risk differs per Bond, because credit profile of each Issuing Entity is different.
5.2 A Proposition contains in any case the following information: the investment proposal, the Investment amount, information about the Issuing Entity (and/or information about the Entrepreneur and the enterprise connected to it) and the tenor of the Investment.
5.3 A Proposition shall be open for subscriptions during a maximum of 60 (sixty) days, to be counted from the Publication date, on the Lendahand Website. If during this term the Investment amount required for the Proposition has been achieved by means of the payment of the (conditional) Purchase Price by the (various) Investor(s), then the Proposition shall be closed. Investor must pay the Purchase Price directly, meaning on the moment that Investor has selected a Proposition and desired Investment amount on the Lendahand Website. If, with regard to a Proposition, the full Investment amount is received from Investors by the Payment Institution for the Issuing Entity for the benefit of the concerned Bonds to be issued, then, in accordance with article 5.10 the Investment amount and its interest bearing from the first day following the month in which the Bond Loan for the benefit of a Proposition has fully been paid up. If a Proposition will be executed, the Issuing Entity shall make a capital investment in the Entrepreneur for the height of the Investment amount.
5.4 The tenor of an Investment is 6, 12, 18, 24, 30, 36, 42 or 48 months to be counted from the Interest Date. After the expiry of this term, the Issuing Entity shall redeem the concerned Bonds by means of the credit of (i) (a part of) the nominal value of the Bond and (ii) the Interest.
5.5 If the Investor in the Agreement has stated that the amount represented on the Account after receipt must be transferred by the Payment Institution to a bank account made known by the Investor, then the Payment Institution shall transfer the corresponding amount of the Issuing Entity no later than within 1 (one) Working Day after receipt, to this bank account.
5.6A If the Investor has stated that the amount administered on the Account shall be invested again, then the Investor shall, after the Redemption Date within no later than 5 (five) days, or after choice and for as much longer ls the Payment Institution is lawfully authorised to keep these monies, however with a maximum of 30 days, after display in the Account, invest the concerned amount. The Investor subscribes to a new Proposition selected by Investor and purchases hereto one or more new Bonds. The Investor acquires the new issued Bonds as soon as this is technically and organisationally possible, the one and the other in accordance with this article. As long as the Proposition to which the Bond refers, is open for subscription, and up to the issue of the new Bonds the monies will be committed by the Investor and deemed to be allocated for the payment of the Purchase Price of the concerned Bond(s). Where the amount that will be represented on the Account, cannot be divided by the nominal value of the concerned Bond, the Investor receives the highest possible number of Bonds on the date of issue of the Bonds. The remainder of the amount shall no later than on the first day of the following month after receipt be transferred to a bank account made known by the Investor, unless stated otherwise by the Investor in the Account.
5.6B You can re-invest redemptions and interest on Bonds of the Issuing Entity that has redeemed the amounts, provided that you give permission to re-invest these monies in new Bonds of the Issuing Entity. Lendahand shall inform the Issuing Entity that these redemptions and interest can be applied for discretionary outstanding projects on that moment, against issue of new Bonds belonging to that project. The concerned interest and/or Redemption must at least concern (a multiple of) the nominal value of the Bonds. If not, then the amount or the remainder will be paid out to you.
5.7 You can execute, as an Investor, only Investments via the Lendahand Website if you have registered and opened an Account.
5.8 You invest by subscription to a Proposition (Chosen Proposition). Subscription means that you purchase one or more Bonds, with which you also accept the Bond conditions. Before you agree with the content of the Bond conditions, you can view the Bond conditions and you can store these on a sustainable information carrier. The purchase of the Bonds can only emerge if you are logged in and after login follow the steps that have been represented on the Lendahand Website.
5.9 Bonds will be issued in series which each correspond with a Proposition. The Bonds will be delivered by the Issuing Entity upon issue to Lendahand that maintains per sort of Bonds a Collective Depot as intermediary in the sense of the Dutch Law WGE. The Interest to be received by you is dependent on the Terms and Conditions of the Bond in which you invest. On the Lendahand Website you will find up-to-date information regarding the various Propositions and Bonds. If you invest, then on each Bond the agreed interest percentage belonging to the Proposition will be applicable. All Interest is on an annual basis.
5.10 A Bond will be acquired on the moment of subscription, after payment of the Purchase Price. Issue of Bonds takes place in accordance with these Terms and Conditions and under applicability of the Bond conditions. The Bonds are not convertible and not listed on the stock exchange. The Bond will be interest bearing per the Interest Date. The Issuing Entity pays out the interest afterward per the Interest period on the Interest payment date.
5.11 Lendahand reserves, also on behalf of the Issuing Entity, explicitly the right to refuse or not to execute, without statement of reasons, a subscription. From this, Investors can derive no rights.
5.12 The Bonds form direct and unconditional obligations of the Issuing Entity that mutually and with regard to each other per separate Issuing Entity, are of equal order, without any difference in preference. The Investors are furthermore of equal rank with all present and future creditors of the respective Issuing Entity in whose Bonds they have invested, except for preferred creditors and except for the local rules that apply for the concerned Issuing Entity.
5.13 In case of dissolution or bankruptcy or suspension of payment of an Issuing Entity will be established further to the law of the country of the Issuing Entity how the Investors of the Bonds issued by the concerned Issuing Entity will be treated with regard to other creditors of the Issuing Entity. You must take into account that the applicable law regarding dissolution, suspension of payment or bankruptcy can materially deviate from the legal system of the Netherlands. This means that the enforceability of your position as a holder of one or more Bonds that have been issued by the concerned Issuing Entity is not established directly under the laws of the country of the Issuing Entity.
5.14 Unless redeemed earlier, such as established in the Bond conditions, the Issuing Entity will redeem the Bonds on the Redemption Date. Redemption shall in principle take place in a linear manner on a half year basis. Redemption takes place each time per Bond. You can claim back the amount that you have invested via the Lendahand Website on no moment whatsoever from the Issuing Entity, except for on basis of the possibilities given thereto in the Bond conditions.
5.15 Interest and Redemption will be administered in the Account and paid by the Issuing Entity to the Payment Institution that keeps these monies further for the relevant Investors, in compliance with the articles 5.5, 5.6A and 5.6B. In compliance with Article 5.5, the amount administered on the Account and the corresponding amount kept by the Payment Institution, shall be transferred by the Payment Institution to a bank account in the Netherlands stated by the Investor, or shall be invested in a new Proposition. In case the amount administered on the Account is in a currency other than the Euro, then the counter value of the amount in Euros shall be transferred. Hereby the selling rate will be applied such as established by the Payment Institution on the day of the administration (or of the previous Working Day if the date of administration otherwise does not fall on a Working Day). Depending on the Terms and Conditions of the Payment Institution, the Investor can maintain the monies for the benefit of a future investment (via the Lendahand Website) with the Payment Institution. The payment of Interest and the Redemption by the Issuing Entity to the Payment Institution shall take place as liberation and discharge for the concerned Issuing Entity.
5.16 When payment must be made by bank transfer into an account on a name, then a payment instruction will be given by Lendahand to the Payment Institution for distribution. This shall be no later than 1 Working Day after the date that the monies have been received on the concerned account of the Payment Institution (the “Payment date”).
Investors have no right to Interest or another payment for delayed receipt of the due amount after the Payment date of the Interest respectively the date of a Redemption.
5.17 The Bonds are transferable in compliance with the stipulations in this Article. The Bonds are in principle solely issued for sale and trading in the Netherlands. Lendahand accepts as holder of the Collective Depots no responsibility or liability regarding a transfer of Bonds outside the Netherlands. Lendahand holds the Bonds under the title of management for the Investors. Investors can transfer their rights in the Collective Depot to other Investors via debiting and crediting in the designated part of the administration of Lendahand. This transfer requires cooperation of Lendahand that it shall reasonably grant. Lendahand shall process a possible transfer in its administration. The administration costs for the process of a transfer of Bonds amount to EUR 0.50 per Bond and will be brought into account by Lendahand to the buyer of the Bond(s). The stipulations in this Article 5.17 are equally applicable to the vesting of a right of lien on Bonds and on the vesting or delivery of a right of usufruct on Bonds.
5.18 On the Lendahand Website will be administered for which amount is subscribed to on a certain Proposition. Each time when an Investor has invested, shall this therefore be visible for each visitor of the Lendahand Website. On the moment that an Investor however makes use of his/her right of dissolution (such as referred to in Article 6.4), the amount that represents the dissolved Agreement shall be deducted from the amount that is represented on the Lendahand Website. This means, that in case you have executed an Investment and have purchased in the framework thereof one or more Bonds under suspending condition, the invested amount represented on the moment of the closure of Bonds on the Lendahand Website, can be reduced after the purchase of the Bonds if you make use of your right of dissolution or if the subscription will not be unconditional because the target amount of the Chosen Proposition will not be achieved and the invested amount will be held for you by the Payment Institution.
5.19 The Investments executed by you via the Lendahand Website, you execute for your own account and risk. Lendahand points out that you, in prevalent instances can therefore entirely lose the amount invested by you, for instance in case of insolvency of the Issuing Entity or Entrepreneur, or when the Issuing Entity or Entrepreneur does not pay for other reasons. Your Investment does not lead to any form of control in the Issuing Entity and/or the Entrepreneur.5.20 As an Investor, you are aware that the Issuing Entity and the Entrepreneur and the Investments that you execute via the Lendahand Website, are not under supervision of the Dutch “Autoriteit Financiële Markten” and “De Nederlandsche Bank” and that the deposit guarantee system, the investors compensation regulation or any other guarantee regulation is applicable to these Investments. Per Issuing Entity, annually for less than EUR 2,500,000 in Bonds will be issued and therefore the Issuing Entity is (with making adequate use of the correct statement of exemption (wild west sign) not bound to issue a prospectus in connection with the issue of Bonds. The amount of less than EUR 2,500,000 per Issuing Entity per year shall in the future possibly be increased if this is lawfully permitted.
5.21 There is no warranty that you shall achieve any benefit from your Investment. The Bonds concern products with a high risk. You are aware of these risks.
6. Information duties Lendahand
6.1 These Terms and Conditions have been published on the Lendahand Website. Upon request, Lendahand shall make these Terms and Conditions available to you electronically by means of an e-mail. You are responsible for the storing and printing of the Terms and Conditions. You are also responsible for the accessibility of the stored copies.
6.2 Notwithstanding lawful obligations possibly existing for Lendahand to store the Agreement(s), Lendahand is not obliged to keep the possibly archived Agreement(s) accessible for you.
6.3 Lendahand makes via the Lendahand Website among others the following information available: i) the name, the address of the legal seat of Lendahand and the registration with the Chamber of Commerce; ii) the contact data, including the e-mail address of Lendahand; iii) the VAT-number of Lendahand; iv) the possible costs being applicable and fees; and v) the address where you can submit a complaint, which address will be deemed the address stated above under sub (i), unless on the Lendahand Website will be stated otherwise.
6.4 You have the right to dissolve the Agreement(s) that you conclude with Lendahand with regard to the services by Lendahand, such as the making available by Lendahand of the Lendahand Website for the use thereof for among others the execution of your Investments, within fourteen (14) calendar days after the conclusion of this/these Agreement(s). Lendahand points out that options of dissolution or invalidation belong, if Lendahand does not comply with the duties of information stated in the law. You must exercise a specific right to dissolution or invalidation belonging to you each time within fourteen (14) calendar days after the conclusion of the Agreement(s) that Lendahand concludes with you (possibly, on behalf of the Issuing Entity in case of an Investment), except for insofar the law prescribes a longer term.
7. Users conditions of the Lendahand Website
7.1 You warrant that your use of the Lendahand Website in no manner whatsoever, violates the applicable (Netherlands’) laws and regulations, international treaties or intellectual property rights of (legal) persons.
7.2 You shall use the Lendahand Website solely for legitimate purposes. You shall not apply the Lendahand Website for the placing or passing on of material or information that is libellous or obscene or causes an infringement on rights of third parties or is illegal towards third parties. You will refrain from making derogatory expressions about Lendahand and/or the Lendahand Website.
7.3 Lendahand provides you with no warranties with regard to the content of the Lendahand Website.
7.4 The Lendahand Website makes use of cookies. Cookies are small pieces of information that are stored by the browser on your computer. Outside technically necessary cookies, Lendahand uses only cookies that enables it to collect information over the use of the Lendahand Website and to improve this (such as remembering of your settings). Lendahand makes also use of cookies of Google Analytics, Facebook and Twitter. These cookies will be used to (whether or not anonymously) check how the Lendahand Website will be used and to check whether you are logged in to your personal account on the social network sites. Cookies of the concerned social network sites will solely be used with your prior permission.
7.5 It is possible for you to set the browser so that you receive a warning each time when a cookie will be installed or refused. If you do not allow the installing of cookies, then Lendahand cannot warrant the sending of messages and the delivery of certain services to you. For more information, you can turn to the supplier of your browser.
7.6 The Lendahand Website offers you, after you are registered, the possibility to the placing of comments which are visible to all visitors of the Lendahand Website. The initiative for the placement of comments does not lie with Lendahand. In case of unlawful unnecessary grieving and/or unmistakably illegal comments or in case Lendahand will be requested or will be commanded to removal of comments by competent authorities, then Lendahand reserves the right to remove comments or to make the access thereto impossible.
8. Protection intellectual property
8.1 The information, text, images, photos and illustrations on the Lendahand Website and the design of the Lendahand Website, are protected on the basis of the Dutch laws Auteurswet, Databankenwet and other applicable legislation. Except for lawful exceptions, nothing thereof may be multiplied (including ‘framing’), made available to third parties or disclosed without prior permission of Lendahand. The requesting and viewing of the Data and the making of prints for own individual use is permitted within the limits stated in the applicable legislation. The information, text, images, photos and illustrations that have been made available by the Issuing Entity or an Entrepreneur, remain at all times his/her intellectual property.
8.2 For the placing of a hyperlink to (any page on) the Lendahand Website, the prior written permission of Lendahand is required.
8.3 The word and image brands on the Lendahand Website belong to Lendahand. It is not permitted to put one or more of these brands and logos on the own site or to use it otherwise without prior permission of Lendahand.
9. Role of Lendahand in your Investments
9.1 Lendahand manages the Lendahand Website and offers you the possibility to execute via the Lendahand Website Investments and via the Payment Institution payments and to receive Interest and Redemption.
9.2 Lendahand arranges for the administration and maintains the Collective Depot. The board of directors of Lendahand maintains as holder of the Collective Depot the administration, in which the name, the address, the relevant bank account number of the Investor, the date of issue of the Bonds, as well as the number of Bonds with statement of the concerned numbers of the Bonds held by the Investors, is recorded. Also, Lendahand arranges for the administration for the payments of Redemptions and Interest which payments will be executed by the Payment Institution after receipt of the concerned Interest and Redemption from the Issuing Entity of the concerned Bond Loan.
9.3 Investors are obliged to communicate all changes in the data, such as mentioned in Article 4, without delay and in writing to Lendahand. Consequences which derive from or relate with the, not, not correctly or not timely sending of aforementioned notification(s) by an Investor, shall come completely for the account and risk of the Investor and cannot be held against Lendahand.
9.4 Except for proof to the contrary, the administration serves as complete proof.
9.5 The board of directors of Lendahand provides, as holder of the Collective Depot, if so requested to an Investor for free, an excerpt from the administration with regard to his/her right to a Bond.
9.6 With exception of the activities mentioned explicitly in the Agreement(s), you as an Investor can make no claim to support or other services of Lendahand with regard to Investments via the Lendahand Website.
9.7 Lendahand holds a license as investment enterprise for the execution of activities only and the placement of financial instruments upon issue. Lendahand gives no investment advice and does not publish investment recommendations.
9.8 Lendahand receives a compensation for its services from the Issuing Entity on the basis of the stipulations recorded in the agreement concluded between Lendahand and the Issuing Entity.
10. Privacy and personal data
10.1 Lendahand is bound to the Dutch Law Wet bescherming Persoonsgegevens. This law regulates how we must deal with personal data of Investors. Personal data is data that identifies you, such as for instance your name, address, date of birth, phone number and e-mail address.
10.2 Lendahand shall in connection with the use made by you of the Lendahand Website, be responsible for the processing of your personal data. The stipulations included in this Article 10, are applicable to each use of the Lendahand Website and regulates the processing and the use of personal data via the Lendahand Website by Lendahand. The policy of Lendahand with regard to the dealing with your privacy and the use of personal data is in accordance with the Wet Bescherming Persoonsgegevens and the Telecommunicatiewet.
10.3 Lendahand collects your personal data when you register as Investor. Lendahand uses this information to deliver the services agreed contractually.
10.4 When you register with Lendahand, then we collect among others the following data: name, if applicable statutory name, trade names and statutory seat, address, place of residence, e-mail address, Facebook logs, age and gender, if applicable registration number Chamber of Commerce. This data shall subsequently be recorded in a file of Lendahand.
10.5 Lendahand uses your personal data solely in accordance with the purposes described in these Terms and Conditions and shall make every effort to protect your personal data.
10.6 If you state at the conclusion of the Agreement to agree that Lendahand uses your for placement on the Website, then Lendahand shall, after each Investment made by you, in each case place your name, gender, invested amount, age and photo on its Website. If you at any moment do not agree any longer, then you can modify this via your settings in your personal environment on the Lendahand Website. Lendahand shall then remove your data within 2 (two) Working days from the Website.
10.7 After you have registered on the Lendahand Website, we can inform you by the sending of an e-mail message of information over related products and/or services. With all e-mail messages that you receive from us in the framework of direct marketing activities, the possibility will be offered to state that you do not wish to receive such e-mail messages anymore.
10.8 Lendahand shall sell, rent or otherwise make available your personal data to nobody, than with your prior unequivocal permission; or when that is necessary to comply with a lawful obligation; or when that is necessary for the execution of an agreement between you and Lendahand.
10.9 Lendahand protects your personal data with security measures that meet with modern 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.
10.10 We emphasise that sending of personal data per internet connection at all times brings risks. You are personally responsible for the security of the internet connection used by you.
10.11 Lendahand reserves the right to unilaterally introduce changes in the stipulations mentioned in this Article in accordance with the current laws and regulations. Check therefore frequently the Terms and Conditions, so that you are aware of possible changes. If Lendahand introduces a substantial change in the manner in which it processes your personal data, then Lendahand shall warn you by a prominent announcement on the Lendahand Website and/or by means of an e-mail.
10.12 If you have questions about the processing of your personal data, then you can let that be known in writing to Lendahand. You can request which personal data will be processed and you can state that you wish that Lendahand removes your personal data by withdrawing permission for the processing of personal data.
11. Costs, taxes and levies
11.1 Unless otherwise agreed in an Agreement or in these Terms and Conditions, all costs that relate with the registration, administration and the issue of Bonds for the account of Lendahand.
11.2 All taxes, levies and such – under whichever name and levied by whoever – that concern the relation between you as Investor and Lendahand, will be for your own account, unless between you and Lendahand is agreed otherwise 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.
12. Liabilities and safeguards
12.1 Lendahand accepts no liability whatsoever for damage as a consequence of any acting or omission of Lendahand, an Issuing Entity or an Entrepreneur. Lendahand is never liable for consequential or enterprise damage, indirect damage and loss of profit or turn-over.
12.2 Should Lendahand, for whichever reason, be required to compensate any damage, then this compensation of damages shall never be higher than the amount of the compensation received by Lendahand on the concerned Investment.
12.3 Lendahand accepts no liability whatsoever for damage emerged as a consequence of incorrect and/or incomplete data provided by you.
12.4 Lendahand has taken measures to ensure that you can pay safely via the Lendahand Website. This concerns a service that will be executed by a third party. Lendahand bears and accepts in that regard no responsibility or liability whatsoever.
12.5 The content of the Lendahand Website, as well as the content of all other expressions of Lendahand on the Internet, has been composed with the greatest possible care. The information that will be placed for the benefit of the Propositions on the Lendahand Website, originates from third parties. Lendahand accepts no liability whatsoever for the content of information placed by you or by third parties.
12.6 It is possible that Lendahand included on the Lendahand Website hyperlinks to other internet sites that can possibly interesting or informative for the visitor. Such links are only informative. Lendahand is not responsible for the content of the internet sites to which reference will be made or the use that can be made thereof.
12.7 Lendahand is not liable for possible occurring errors, incorrect matters, misunderstandings, delays or not clear communication of messages as a consequence of the use of the Internet or any other (electronic) means of communication in the exchange between you and Lendahand and between the Issuing Entity and Lendahand, or for the consequences of the use of the concerned information. Lendahand excludes furthermore each liability with regard to the answers to questions given by it.
12.8 Lendahand is not liable for possible damage caused by – whether or not temporary – unreachability or removal from the Lendahand Website because of maintenance or otherwise. Lendahand is furthermore not liable for the proper and undisturbed functioning of the telecommunication-infrastructure and the used auxiliary equipment or for dropdown or unreachability of its system or for the possible consequences hereof. Hereunder will be understood among others, but not solely, disruption in the connection with internet providers, disruption in used telecommunication connections, full use of line, electricity cuts and other disruptions.
12.9 The limitations of the liability of Lendahand included in this Article do not apply if there is an instance of wilful intent or conscious recklessness on the side of Lendahand or its directors.
12.10 You safeguard Lendahand from all claims, liability, loss, damage and costs that Lendahand incurs because of violation by you of your obligations on the basis of the Agreement(s), insofar the law does not object thereto that the concerned damage and costs must come for your account.
13. Force Majeure
13.1 In case of Force Majeure, Lendahand is not required to comply with its obligations towards you as an Investor, or its obligations with regard to you as Investor shall be suspended for the duration of the Force Majeure. Under Force Majeure will be understood each circumstance independent of the will of Lendahand, because of which the compliance with its obligations towards you as Investor will be hindered in whole or in part. Thereof is for instance a case of company disruptions, energy disruptions, fire and the absence of any permit to be acquired via the government. Also, will be understood under Force Majeure: disruptions in a (telecommunication) network or connection or used communication systems and/or the on any moment not being available of the Lendahand Website.
14. Dissolution and termination
14.1 Lendahand is authorised to dissolve the Agreement(s) with immediate effect and without notification of default in writing and/or to suspend the obligations of Lendahand and/or to exclude you as Investor permanently from the services and/or products of Lendahand and/or to remove expressions placed by you as an Investor on the Lendahand Website without prior notification or at least make inaccessible, if: a) you do not, not completely or not timely comply with obligations from the Agreements(s), or if you act in violation of these Terms and Conditions and/or the Agreement, also if this is a consequence of Force Majeure as referred to in Article 13; b) circumstances come to the knowledge after the conclusion of the Agreement(s) give Lendahand good ground to fear that you shall not comply with your obligations from the Agreements(s); c) on you as Investor the Dutch Law Debt sanitation for Natural persons has been declared applicable or for your admission thereto is request, you are in suspension of payment or you have filed for suspension of payment, or if you as an Investor will be declared in a state of bankruptcy or your bankruptcy has been filed for; d) you have or Lendahand has terminated your Account; e) circumstances occur which are of such nature, that these make compliance with the Agreement(s) impossible or unchanged maintaining of the Agreement(s) in reasonableness cannot be required of Lendahand.
14.2 If Lendahand proceeds, on the grounds as described in Article 14.1, to one of the measures mentioned in that article, then Lendahand is on that basis in no manner whatsoever required to any compensation of damage or costs emerged because of it in any manner. Lendahand can however recover the damage suffered by itself, that is imputable to you, from you.
14.3 The Agreement(s) will be/be terminated if one or more of the following circumstances occurs: (i) Lendahand ceases its activities, (ii) Lendahand will be dissolved, (iii) Lendahand will be declared in a state of bankruptcy, or its bankruptcy has been filed for, or (iv) Lendahand has filed for suspension of payment or is in suspension of payment. In this case, the termination of the Agreement(s) has however no consequences for the Bond(s) that you hold and the Collective Depot shall in accordance with the Dutch Law WGE be processed. Only the services that Lendahand provided in the framework of the Agreement(s) shall in that case become forfeit.
14.4 Upon termination of the Agreement(s) or termination of your Account, you remain at all times bound to what is established in these Terms and Conditions, as well as to the stipulations of which in the Agreement(s) is established that you remain at all times bound thereto.
15. General stipulations
15.1 All communications as a consequence of the Agreement(s) must be made in writing in the Netherlands’ language and may only be handed over personally, or be sent per registered mail, courier, fax or e-mail to such addresses and fax numbers of which Lendahand and you as Investor inform each other from time to time. A notification is considered to be effective as soon as it will be received and will be deemed to have been received on the moment of handing (if handed over personally, or sent by registered mail or courier) or on the moment of successful sending (if sent per fax or e-mail).
15.2 In case of a merger or splitting of Lendahand, the legal successors of Lendahand can independently exercise all rights and authorities under the Agreement(s) and comply with all obligations of Lendahand under the Agreement(s). Lendahand 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 the becoming applicable of the Terms and Conditions, you have given permission in advance for this taking over of contract.
15.3 As Investor you can however not transfer your rights and obligations under the Agreement(s) to a third party. If a stipulation of these Terms and Conditions would be invalid or not enforceable, then this leaves the validity or enforceability of any other stipulation of the Terms and Conditions unaffected. Such an invalid or non-enforceable stipulation shall be replaced or deemed to be replaced by a stipulation that will be deemed to be valid and enforceable and of which approaches the interpretation, the tenor of the invalid or non-enforceable stipulations as much as possible.
15.4 Lendahand can without permission of the Investors, decide to modify these Terms and Conditions if it concerns changes of a non-material nature and changes of formal, minor and technical nature that do not harm the interests of the Investors. Changing of these Terms and Conditions will be made known per e-mail to the Investors. If an Investor within 20 (twenty) Working days after receipt of the renewed Terms and Conditions Lendahand makes known in writing not to agree with the renewed Terms and Conditions, then, for the tenor of the concerned Investment the original Terms and Conditions shall remain applicable. You explicitly agree with electronic sending of the Terms and Conditions.
16. Complaints, disputes, choice of law and court
16.1 If you are not satisfied about the services of Lendahand, then you must firstly turn to Lendahand. Should no solution be found, then complaints will be treated by the Klachteninstituut Financiële Dienstverlening (KiFID).
16.2 Solely the Laws of the Netherlands right are applicable to these Terms and Conditions.
16.3 All disputes in connection with or further to these Terms and Conditions shall in the first instance be resolved by the District Court in Amsterdam.