Terms & Conditions
Leapfunder terms and conditions (Model 1.3)
In these terms & conditions the following definitions will be used, in the singular as well as the plural:
a. User: anyone using Leapfunder products and services.
b. Leapfunder: Hinksprong B.V. or any of its subsidiaries, making use of the brand Leapfunder.
a. Leapfunder supplies services and products to Users, which enable them to accept investment, or offer investment.
b. By using our products and/ or services any User agrees to these terms & conditions. It is at Leapfunder’s discretion whether any party can become a User. These conditions apply to all our products, services and the website.
3. Changes to these terms & conditions
a. Leapfunder may change these terms & conditions at any time, for example in response to changed conditions or change in legislation. As soon as a new version is available this will be published on the website (s).
4. Normal and accepted use
a. The online system for investment is open to normal and accepted use by Users. The User will not jeopardize the functioning of the system in any way. The User will not add or extract data beyond what is consistent with normal and accepted use. Leapfunder determines what is considered normal and accepted use. In principle, all actions are considered normal use which will allow a User stay up to date with the development of Leapfunder and the Leapfunder products and/or allow the User to gain additional information about an investment round set up by a User.
b. User will ensure that their equipment is adequately secured and their software is protected against viruses and other potentially damaging factors.
c. It is only allowed to use a normal web-browser when approaching the website(s). Using an automated system, such as a robot, spider or offline reader will be sanctioned with a denial of access to the platform.
d. Without explicit permission from Leapfunder it is not allowed to collect personal information about the Users of the website or handle this information in any other way.
e. As an exception to the previous clause will be public search engines, provided they are collecting information with the aim of making published search indices for the material.
a. Anyone over the age of 18 can register as a User. During registration you are required to provide factually accurate information.
b. For any User the following will apply:
i. The password for your account should be kept in a safe place unavailable to third parties. If the security of a password is breached you should reset your password immediately.
ii. The User can log in through a third party – e.g. Twitter, Facebook or Google. In this case User authorizes Investee to allow access to the account through open authorisation (oAuth).
iii. Access to the User’s email account - used for communications from your Leapfunder account - should be carefully controlled. Persons who have access to that email account are also able to enter your Leapfunder account. Any loss or damage suffered by the User as a consequence of poor access control are entirely the responsibility of the User.
iv By storing information about securities in a Leapfunder account the User declares that the email account associated with that Leapfunder account is an up to date contact address, and further agrees that this email address can be used for formal communications such as updates, calls to elections, etc, by the issuer of the securities, or any other party involved, as described in the associated securities’ contracts. Any loss or damage suffered by the User as a consequence of providing inaccurate address information or failing to update address information is entirely the responsibility of the User.
v. User is responsible for any activities carried out from his account with the Leapfunder.
7. Intellectual property
a. The contents presented on the website of the Leapfunder fall under copyright. Users are not permitted to copy or publish these contents other than for the normal use described in these terms & conditions, without prior written permission from Leapfunder or the corresponding holder of the copyright.
b. Without prior permission of Leapfunder it is not allowed to use Leapfunder’s brands.
8. Liability disclaimer
a. The Leapfunder products and the Leapfunder website have been assembled with great care. Leapfunder offers no guarantees, advise or recommendation as to the suitability of the offered information documents or other products for the purpose any User may have. Possible shortcoming of any agreements between Users are not the responsibility of Leapfunder, but exclusively the responsibility of the parties to such an agreement.
b. Leapfunder is not responsible for information placed by Users. A User who concludes that information on the site may be in violation of law must report this to Leapfunder.
c. Leapfunder has no control over, or insight into, the management of third parties and therefore will not offer any guarantees as to the availability of her website(s) and services.
d. Leapfunder realises that access to the Leapfunder’s website(s) and/or services may be illegal in other countries. Each User will bear full responsibility for acting in accordance with local legislation.
e. Leapfunder can, for the reasons indicated, not accept any responsibility for any damages that may occur to Users or third parties as a consequence of a failure of these websites and/or services offered by Leapfunder. Only in the case of gross negligence on the side of Leapfunder can an exception be made. The possible liability of Leapfunder reaches no further than direct damage that the User can prove. Leapfunder is never responsible for any indirect damage suffered by User.
f. Leapfunder is not responsible for damages as a consequence of incorrect information provided by User while generating their account.
g. Each User needs to read and understand the risks of investing in the financial instruments which are offered by Users, using the products of Leapfunder. If the Investor is not able to assess such risks adequately the User is recommended not to use those financial instruments. Leapfunder is never responsible for the success or failure of an investment in a company. Every User acknowledges that Leapfunder does not give investment advice.
9. Entering this agreement
a. This agreement is valid without a set end date. The User can terminate the agreement through a written notice to Leapfunder.
b. Leapfunder is authorized to terminate this agreement in writing immediately and without incurring liability and/or to postpone any obligations of Leapfunder under this agreement and/or to exclude any User permanently from the online services offered and/or products of Leapfunder and/or to remove any information placed by the User on the website if:
i. User does not fulfil their commitments from this agreement fully or in a timely manner;
ii. User does not accept a change in these terms & conditions
iii. Information is obtained by Leapfunder that gives good grounds to suspect that User will not honour its agreements;
iv. Circumstances arise which make compliance with this agreement unreasonable;
v. Leapfunder is made aware that the User has been involved in any way in placing information on the site of a discriminatory or offensive nature;
vi. Leapfunder is made aware that the User has placed information on the website which is protected through intellectual property rights of a third party;
vii. Leapfunder is made aware that User is involved in placing information on the website which could be damaging to the reputation of Leapfunder or otherwise be harmful to Leapfunder;
viii. User is declared bankrupt or an application for bankruptcy is made against the User;
ix. User is granted suspension of payments on the grounds of insolvency or requests are made for such a suspension;
c. If Leapfunder chooses to take actions as described for one of the reasons described then Leapfunder is not liable to compensate any damages or costs arising from this. Leapfunder can take action against User to compensate for damages. In such a situation the Leapfunder can exclude User from the website and remove any content placed by them.
Leapfunder is not bound by any obligation towards User if Leapfunder is prevented from carrying out an obligation by circumstances beyond their responsibility which are neither by law, legal action or common understanding considered the responsibility of Leapfunder.
10. Final provisions
a. If any part of this agreement is null and void this does not void the entire terms & conditions. In this case such a part of this agreement that is voided will be replaced with a stipulation that approaches the voided original as closely as possible.
b. If different translations of these terms & conditions conflict, the text of the Dutch language version will apply.
c. These terms & conditions fall under Dutch law. The application of the Vienna Convention is excluded.
d. Any disputes will be submitted to the relevant courts in Amsterdam.