Crowdfuning Conditions EN

 

Terms of Use Contributors

Last updated June 26, 2014

1. Definitions and application

1.1 In these terms shall apply:


Chocodelic BV:
private limited liability company Chocodelic BV, with its registered office in Amsterdam, at the Jacob Marisplein 11-B, 1058JC Amsterdam, registered in the Trade Register of the Chamber of Commerce, number 53116682.

Contributor(s):
Any (legal) person who (i) visit the website, and / or (ii) by means of registration enrolls in the Crowdfunding Proposal.

Crowdfunding conditions policy:
Agreement between Owner and Contributor respectively under the conditions (which include interests and provisions, required amounts of financing, duration of the underwriting period, a reward for a donation, etc.) related to the Crowdfunding.

The right of Contributors as defined in Article 2.

Terms and Conditions of use:
These General Terms and Conditions.

Underwriting or Registering:
The act by which Contributor(s) declare(s) to make available to the Crowdfunded (under the Crowdfunding Conditions) a specified amount of money, based on the Crowdfunding Proposal by Chocodelic BV, which constitutes the acceptance and actualisation of such Crowdfunding proposal; possibly supplemented with additional information.

Parties: Chocodelic BV and Contributors together.

General terms and conditions of use

1. It is important that Contributor takes care to understand these Terms. Chocodelic BV recommends Contributor to print this Terms for their own records, or save them otherwise.

2. Obligations Contributor

2.1 Contributor is required, prior to undertaking the act of Crowdfunding, to go over the Crowdfunding Conditions to make sure they are well informed about their consequences and obligations. 

2.2. Contributor can extend no more than € 10,000, - in funding by registering for an account and obtaining the finanacial products from the WEBsite of Chocodelic BV, Contributor shall confirm to Chocodelic BV Contribut´s sufficient understanding, knowledge and experience with regard to such financial products.  If Contributor wants to contribute more than € 10,000, - in funding account to Chocodelic BV, then on the first request from Chocodelic BV,  Contributor shall immediately provide additional information regarding his knowledge and experience of financial products, to Chocodelic BV.

2.3. Contributor is obliged to comply with the requirements arising from these Terms of Use, and is obliged to refrain from any act detrimental to the interests of Chocodelic BV, or of any activity that could potentially harm the interests of Chocodelic BV.

3. Obligations Chocodelic BV
The hereunder obligations of Chocodelic BV are the obligations of effort and bind to no resulting commitments, except if expressly agreed in writing to the contrary, and the agreed outcome has been clearly and unambiguously defined.

4. Duration and Termination of this User agreement, consequences of signing and termination: creating and closing of Account of Contributors.

4.1 By Signing, Registration and after acceptance of these Terms, the Account of Contributor shall be created for one or two years, depending on the duration of the loan.

4.2 a. Termination is possible By Each of the Parties if the other party is declared bankrupt or if her, whether provisional suspension of payment is granted, or in case of dissolution of the other party or termination of its activities;
b. Termination is possible by each of the Parties if the other party cannot fulfill any or some of its obligations under the Terms of Use and in case that this failure to fulfill an obligation shall not be remedied by the infringing party after expiration of a period of reasonable reparement according to the written notice issued;
c. Termination is possible by Chocodelic BV in case of any grave violation by Contributor of its obligations under these Terms.

4.3 Termination under this Article 7 shall not affect obligations which by their nature do persist, including the provisions relating to any intellectual property rights, confidentiality, governing jurisdiction, arbitration and dispute resolution.

4.4 Chocodelic BV is expressly exempt and waved from any compensation or payment for termination of the User Agreement and Account.  

5. Indemnity and Liability

5.1 Although Chocodelic BV has taken the utmost care with respect to the operation crowdfunding, Chocodelic BV can not guarantee the absence of any errors or omissions. Chocodelic BV, its employees and the authors or editors will NOT be held liable for any errors or omissions encountered during the use by Contributor in any way.

5.2  Chocodelic BV is not responsible for the content of third party websites or other sources of information referring by hyperlinks or otherwise referencing to the CHOCOdelic website.

5.3 The total liability of Chocodelic BV for attributable failure in the fulfillment of these Terms, on whatsoever grounds, is always limited to direct damages, up to a maximum amount of € 500, -. Liability of Chocodelic BV for indirect damage, and all other forms of damage, except those mentioned in the preceding paragraphs of this article, is excluded.

6. Information, confidentiality and personal (privacy) details.

6.1 Any personal information provided by Contributor will only be used by Chocodelic BV to the extent necessary for the performance of its services as contained in these Terms. The personal data that Chocodelic BV asks for the purpose of identifying Contributor and / or its representatives will be used by Chocodelic BV for the determination of the identity of such private(or legal) person only.

6.2 Chocodelic BV shall ensure all the appropriate organizational measures are taken to assure the security of the personal data, provided with respect to the registration of the account of Contributor and transaction information. The privacy policy stipulates that Chocodelic BV will make such data accessible to the third parties only in cases where it is obliged to do so under the Dutch law or when the necessity is clearly arising out of these Terms.

7. Contributor is not allowed to use the name (s) or logo (s) of Chocodelic BV.  in advertisements or other media outlets that are aimed at the general public.

8. General provisions

8.1 The Chocodelic BV allowed to change these Terms from time to time. Chocodelic BV is in that case shall publish a new version of these Terms on the website.

8.2 If any provision of these Terms is invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

8.3 Chocodelic BV is entitled to transfer to a third party, in the event of full or partial transfer of its business to a third party. their legal relationship with Contributor.

8.4 The relationship of Contributor with Chocodelic BV and these Terms of Use are governed by Dutch law. The competent court in Amsterdam shall have exclusive jurisdiction to hear disputes relating thereto.

8.6 Questions or comments regarding these Terms may be sent to mail@chocodelic.nl