Terms and Conditions

Article 1. Definitions

1.1 Terms and Conditions: these Terms and Conditions that apply to the services of GetFunded.com & VentureCapital.nl B.V., hereinafter referred to as GetFunded.

1.2 GetFunded: GetFunded.com & VentureCapital.nl B.V., a private limited liability company, with its registered office in Amsterdam and offices in Soest (3761 HA), Vredehofstraat 1, registered with the Dutch Chamber of Commerce under number 82850909.

1.3 Services: the limited, non-exclusive, revocable, non-transferable, and non-sublicensable right, whether paid or unpaid, to access the platform and any other services of GetFunded, including marketing services and advertisements. GetFunded aims to bring together business owners and interested parties, such as potential investors or partners, through the media it offers, in particular its website. GetFunded is not itself an offeror of the businesses listed on the platform.

GetFunded compiles with care the information about profiles presented through its media, but that information originates from the provider of the relevant profile. GetFunded presents this information on its website in the form of a profile. A profile may consist of text, images, audio, and/or video material, combined with banners, buttons, and/or links, displayed through the agreed media.

1.4 User: a natural person who makes use of the services. A user may also be a customer.

1.5 Customer: a natural person or legal entity that has entered into, or wishes to enter into, an agreement with GetFunded.

1.6 Agreement: the agreement concluded between GetFunded and the customer regarding the services, including any follow-up or supplementary agreement.

1.7 Platform: the GetFunded platform.

1.8 Fee: any fee that the customer owes to GetFunded, whether periodically or otherwise, for the use of the services.

Article 2. Changes to the Terms and Order of Precedence

2.1 These Terms and Conditions and the applicable fees may be amended unilaterally by GetFunded from time to time. Any changes will be announced by email and through the platform and will take effect immediately.

2.2 If there is any conflict between these Terms and Conditions and the agreement, the agreement will prevail.

Article 3. Commencement and Duration of Agreements

3.1 Agreements concluded digitally come into effect once GetFunded has confirmed the agreement by email. Agreements concluded in writing come into effect when signed by the customer or when the customer has otherwise accepted an offer from GetFunded.

3.2 Unless otherwise agreed or unless the nature of the agreement indicates otherwise, agreements are entered into for a fixed period and cannot be terminated early. Questions regarding your agreement, address changes, cancellations, and similar matters can be sent to info@getfunded.com.

3.3 The content of the agreement, the services, and the amount of any fee will be stated in or alongside the agreement.

Article 4. Rights and Obligations of Customers and Users

4.1 The customer guarantees that its users will comply with these Terms and Conditions and remains responsible for compliance or non-compliance by its registered users. GetFunded may exclude users who act in violation of these Terms and Conditions, the law, or privacy regulations, or take other appropriate measures.

4.2 The customer guarantees the accuracy and completeness of the data provided to GetFunded by the customer and its users or used in the performance of the agreement. The customer guarantees that no infringement of third-party intellectual property rights occurs as a result.

4.3 The customer may use the services solely for its own business or interests. The customer and user may not resell, sublicense, transfer, assign, or otherwise make the services available to third parties.

4.4 The content of the GetFunded website may not be copied, reproduced, or made public by a user without prior written consent from GetFunded.

4.5 Users may not collect personal data of other users who place profiles on the platform, including email addresses and telephone numbers, nor contact those users to offer their own products or services.

4.6 If GetFunded provides a login code and password, the user must keep them strictly confidential and inaccessible to third parties. The user must immediately change the password if there is reason to assume that a third party has become aware of it.

4.7 The user must provide the information required for publication of a profile in accordance with the technical requirements set by GetFunded. GetFunded reserves the right to change those requirements at any time.

4.8 GetFunded is not required to verify the accuracy or completeness of materials, data, or information supplied by the customer or by third parties.

4.9 The user guarantees that it is entitled to instruct GetFunded to publish a profile on the website and indemnifies GetFunded against third-party claims alleging that the services or their use infringe any intellectual property or other rights of third parties.

4.10 GetFunded will make reasonable efforts to provide optimal availability of the agreed media. GetFunded may, without prior notice, make changes or improvements to the website, temporarily suspend or limit it, interrupt interfaces or availability, or restrict use for maintenance, changes, or adjustments to the services or website, without giving rise to any right of compensation. GetFunded is not liable for damage resulting from the exercise of these rights or from any other temporary unavailability of the media or website it offers.

Article 5. Fees and Payment

5.1 Payment of an agreed fee must always be made in advance and must be received within fourteen (14) days of the invoice date in the bank account designated by GetFunded. An exception applies to any success fee, which becomes payable once funds have been received from an investor introduced by GetFunded.

5.2 The user is not entitled to set off or suspend any payment obligation.

5.3 All rates communicated by GetFunded are exclusive of VAT and any other government-imposed levies, unless explicitly stated otherwise.

5.4 The customer and GetFunded may terminate an agreement with immediate effect by registered letter, without notice of default and without court intervention, if the other party has been granted or has applied for a suspension of payments, if bankruptcy has been requested in respect of the other party, if the business is liquidated or terminated other than through a merger, or if the controlling interest in the customer changes. In that case, all agreed fees, including for services not yet delivered, become immediately due and payable in a single instalment. GetFunded will never be obliged, on the basis of termination under this clause, to refund fees already received or compensate any damage suffered or to be suffered.

Article 6. Liability and Force Majeure

6.1 GetFunded does not guarantee that the services will be error-free or operate without interruption. GetFunded is never obliged to restore corrupted or lost data or information belonging to users.

6.2 GetFunded aims to ensure that information it provides is as correct and factually accurate as possible, but cannot entirely exclude inaccuracies or omissions. GetFunded is therefore not liable for damage suffered by a user as a result of any inaccuracy or incompleteness in the information.

6.3 Liability of GetFunded for indirect damage, including consequential loss, lost profit, and lost revenue, is expressly excluded.

6.4 The total contractual and non-contractual liability of GetFunded under any agreement is limited to compensation for direct damage up to a maximum of the amount paid out in the relevant case under GetFunded's liability insurance, increased by the applicable excess. If no insurance coverage exists for the liability of GetFunded, the total liability for direct damage under the agreement, resulting from one or more damage-causing events, is limited to the invoice value over the six months preceding the first damage-causing event. The limitation or exclusion of liability in this article does not apply to the extent the damage is the result of a deliberately reckless act or intentional failure by GetFunded.

6.5 GetFunded is not liable for damage suffered by a customer if force majeure applies, which for the purposes of these Terms and Conditions includes situations in which GetFunded cannot or could not fulfil its contractual obligations due to power failures, internet outages, telephone failures, network failures, computer viruses, or server outages. If the force majeure situation lasts longer than one month, either party has the right to dissolve the agreement out of court by registered letter.

Article 7. Privacy

7.1 To the extent personal data is processed in the performance of the agreement, the parties will comply with applicable privacy legislation and regulations, including the GDPR.

7.2 The manner in which GetFunded processes data and personal data of users, and the rights of users, are set out in the privacy statement of GetFunded, as amended from time to time. The privacy statement is available on the GetFunded website.

7.3 In addition to the privacy statement, GetFunded declares that personal data and data of customers and users will not be provided or sold to third parties for purposes other than (i) performance of the agreement, (ii) sending marketing emails from GetFunded and/or GetFunded partners, or (iii) another lawful basis under the GDPR.

7.4 Where necessary, the parties will enter into a data processing agreement or other appropriate agreement in a timely manner.

Article 8. Miscellaneous

8.1 This agreement is governed exclusively by Dutch law. All disputes arising in connection with this agreement or resulting from it will be submitted exclusively to the competent court in Amsterdam.

Contact Details

GetFunded.com & VentureCapital.nl B.V.

Postal address: Vredehofstraat 1, 3761 HA, Soest, The Netherlands

General phone number: 030 - 300 32 27

Email address: info@getfunded.com

Chamber of Commerce number: 82850909

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