Terms of Use

 

We encourage you to carefully read and review the present Terms of Use prior to using this website or any software offered by Hamster Capital B.V. ("Hamster").

 

These Terms of Use (the “Terms”) constitute a legally binding agreement between you, as the user of the website and our services, and Hamster, as the website’s owner and operator as well as the provider of the services.

 

Hamster owns and operates the SaaS Platform by way of this website (the “Website”). Hamster created, developed and manages a software service made available to users of the Website, accessible via a subscription. Users may create a profile and register up on the Website to benefit from the services offered thereon.

 

By accessing and using the Website in any manner, as well as any of the services offered on the Website, you agree to be bound by these Terms, and you further assume any liability that might apply as a result of a breach of these Terms.

 

 

1. Applicability

 

Any user who registers on the Website will need to comply with these Terms and the Privacy Policy published on the Website (collectively, the Agreements”).  You acknowledge and understand that upon creating a profile on the Website, you will be required to enter into a specific agreement, which relates either to start-ups or investors, and such agreement (the “Specific Agreement”) will be deemed incorporated into these Terms by reference.

 

In case any discrepancies, inconsistencies or contradictions are identified in between the Agreements and the Specific Agreement, the following order of hierarchy will apply:

  • Specific Agreement
  • Terms of Use

  • Privacy Policy

2. Binding Effect

The present Terms will govern your access and usage of the Website and the SaaS services provided. Hamster owns, manages and operates the Website. These Terms apply when you access, visit or otherwise use the Website and the services provided thereon.

 

By accessing or using the Website, you agree to be bound by these Terms and any legal documentation referenced in these Terms, each of which will be deemed to be incorporated by reference.

 

Hamster may update these Terms from time to time, without notice, at its discretion.

 

Under these Terms, Hamster may be referred to as “we”, “us”, “our”, and other similar expressions and users of the Website will be referred to as “you” and other similar expressions.

 

3. Eligibility

To benefit from the services provided on or using the Website, you confirm the following: a) you are at least 18 years old, and of legal age to enter into to a binding contract, orb) you represent a valid legal entity and have full authority to bind such legal entity.

 

The Website and its services are not available to any persons who do not meet the eligibility criteria indicated above.

 

It is your responsibility to provide true, current and accurate information when completing any of the forms on the Website, or registering for its use. We reserve the right to restrict or prohibit your access to the Website at any time, without prior notice if we have reason to believe the information you provided is invalid or otherwise untrue.

 

You agree that your usage of this Website will comply with all applicable laws in your area of residence. Hamster is based in the Netherlands and undertakes to respect all applicable laws.

 

4. User Obligations

You are responsible for any and all acts and omissions that occur during your use of the Website, and you agree not to engage in unlawful or unacceptable use of the Website, which includes, but is not limited to use of the Website to:

 

• In violation of any applicable laws;

• Solicit others to participate in unlawful acts;

• Post content that infringes a third party intellectual property right;

• Impersonate an individual or entity, or misrepresent your affiliation with a business, entity or individual;

• Tamper with any servers, features or other components used by or relating to the Website;

• Gain unauthorized access to any user account on the Website by hacking, or other unauthorized methods; and

• Engage in conduct that is contrary to these Terms or that may give rise to liability of any nature.

 

You are responsible for all content that you publish or post on the Website. Such content may include images, messages, postings, and recordings. You acknowledge that you will be held responsible if your content violates these Terms, a legal obligation, or a third party right. If any part of the content you post is not your original work, you are responsible for securing all necessary consents prior to publishing such content.

 

As we have no control over the content posted by users of the Website, we will not be liable for any content generated by users on the Website.

 

5. Intellectual Property

Any content published or displayed on the Website, including but not limited to trademarks, logos and images may be protected by intellectual property law.

 

You shall abide by and maintain all intellectual property rights, copyright and other legal notices, information, and restrictions contained in any content accessed through our services. Unless otherwise stated, Hamster owns the intellectual property published on the Website or has secured all required consents to publish such intellectual property. All rights relating to the intellectual property published on the Website are reserved.

 

You may copy and print parts and sections of the Website solely for personal and non-commercial use. We do not authorize the storage, distribution, modification, or transmission of the intellectual property from our Website for any commercial purposes, without having obtained our prior specific written consent.

 

 

6. Access to Third Party Websites

If you use any links contained in this Website to access  a third party website, Hamster makes no warranty or representation regarding the third party’s website, its content and its operation. The links to third party websites are provided for reference purposes and are not governed by these Terms. If you exit this Website, these Terms will no longer apply. The third party website will be governed by its own terms and conditions and we therefore encourage you to review them prior to accessing the third party’s website.

 

7. Limitations of Liability – Disclaimer

  • Hamster will take reasonable steps to make sure the Website remains active and in use at all times and that its content is up-to-date. Nevertheless, the content of the Website is provided “as is” and “as available”. We reserve the right to suspend its operation at any time, for any reason and without prior notice. We do not assume any liability whatsoever if, for technical or other reasons, the Website, in full or in part, is out of operation, or if any information contained there has not been properly updated.
  • We are not responsible for content or information posted on the Website by any users of the Website. We are not obliged to check the authenticity and originality of information or data provided to us by third parties Website users. We are not liable in any manner for any user content published on the Website. We cannot control what users post on the Website, and we are not responsible for any inappropriate or otherwise objectionable user content that may be published on the Website.
  • No part of this Website should be construed as investment, financial or other type of advice. The information provided on the Website should not be relied upon when making decisions or taking any action. . The information provided on the Website should not be treated as a substitute for your own judgment.  Any decision or agreement being made takes place at the user’s discretion and we are not responsible for your usage or application of any advice, opinions or other intervention provided on the Website.
  • The Website and the services offered thereon constitute software as a service (SaaS), and are not intended to act as an intermediary between users of the Website.  . We assume no liability, and we make no representations or warranties for any third parties you may be connected with via our Website. We are under no obligation to provide advice or assistance of any nature with respect to  the promotion of deals or negotiations.
  • In no event shall the company, its directors, employees, agents, partners, suppliers, or content providers be held liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the use or misuse of the Website and the services offered thereon. This limitation of liability is applicable in all cases regardless of whether the damages were foreseeable or unforeseeable, direct or indirect, and consequential or non-consequential.

Nothing in these Terms should be interpreted as an exclusion or limitation of our liability for personal injury or death arising out of the use of the Website. To the extent permitted by law, in such cases, our total liability will not exceed the subscription fees paid by the relevant user to Hamster in the past twelve (12) months.

 

8. No partnership or agency

Nothing in this Agreement should be read as establishing a partnership or joint venture of any kind between Hamster and you, as the user of the Website. Neither Hamster nor you shall act as an agent for each other, and neither party shall have authority to act in the name or on behalf of the other party, unless explicitly authorized in writing.

 

9. Indemnification

You agree to defend, indemnify and otherwise hold harmless Hamster, including its employees and affiliates (natural persons and companies), from and against all expenses and claims that might arise out of your use of the Website and the services offered by it. You further agree to indemnify and hold Hamster harmless against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, arising out of your violation or breach of these Terms.

 

10. Registration

In order to use the services offered by or on our Website, you will be required to complete the registration process online by completing in the respective forms available via our Website.

 

You need to provide us with true and accurate information. It is your responsibility to update the information on an as needed basis and to make sure your information remains current at all times.

We reserve the right to reject your registration  if it does not comply with our instruction or for any other  reason, at our sole discretion.

In case you lose or forget your username or password, please advise us by way of email and we will send the relevant information via e-mail.

11. Data and Information submission

Hamster will take every reasonable step to make sure that any personal information you provide remains protected and safeguarded. Nevertheless, considering the transmission of personal information using the Internet, we do not assume any liability for any unauthorized disclosure of your personal information, including by way of Trojan Horses, hacking attempts, viruses, etc..

 

For certain purposes, such as data maintenance, third parties, such as service providers, might gain access to your data and information. We will take all reasonable steps to make sure that their use of your information/data is legitimate and that they comply with confidentiality obligations. However, we do not assume any liability whatsoever in case of infringements/violations by such third parties.

By registering on the Website and gaining access to the information found in our databases you agree to the following:

- handle all information you might receive on or through the Website with caution, and use reasonable means to prevent any unauthorised access to such information;

- not reveal data or information applicable to another third party Website user, except if this disclosure is  required for the good faith conduct of your business or for the promotion of  a specific agreement or deal involving one (1) or more users of the Website;

-

to use any information, data, contact details, and any other content available via our Website in a lawful and appropriate manner.

12. Account

Upon successful registration, you will be able to access and use a personal, non-transferable user account To access and utilize this account, you will select a username and a password.

Your username and password are strictly personal, and you are responsible for keeping them confidential. You must take all reasonable steps to keep your username and password confidential and block unauthorised access to your account. You are responsible for all activity that occurs under your under account, whether or not you authorized such activity, except if  you informed us in advance of a compromise or breach involving your account.

If you suspect your password has been comprised or that an unauthorised third party gained access to your account, you should notify us immediately by way of email.

We reserve the right to deactivate your user account at any time, at our discretion, without prior notice if we deem this to be appropriate or in Hamster’s best interests. This includes cases where we suspect unauthorised third party access to your account.

13. Services

You will be able to view full profiles of “Start-Ups” or “Companies” or “Service Providers” or “Advisors” or “Investors” on the Website upon your completion of the registration process as confirmed by us.

In order to register with us as a “Start-Up” or a “Company” or a “Service Provider” or an “Advisor” or an “Investor” and get detailed matches based on your business interests, you will need to complete all the required fields of the registration form on the Website. All information you provide to us must be accurate, true, and valid, whether it is about you as an individual or a company you lawfully represent.

 

Upon your successful registration on our Website and your creation of a full profile, you will gain access to detailed matches for your business interests. Additionally, and according to the SaaS you subscribed to, you may be able to connect with other users via the communication tools provided by the Website.

 

Hamster may provide assistance with respect to the arrangement of any meetings with investors, organized within the framework of the Website’s services. This type of service is of an ancillary nature, and it is at your discretion to determine if you wish to use our assistance in such field. We do not assume any liability whatsoever arising out of the the provision of such services, and such services do not constitute any kind of advice or provision of opinion. Users are solely responsible for preparing for meetings with investors and taking all necessary precautions before making any agreements with them. We encourage you to seek professional advice prior to entering into a financial transaction with an investor or other user of the Website.

                  

14. Contacting and dealing with other users of our platform

If you wish to contact or liaise with other users of the Website, you may do so only after having duly completed your registration on Hamster’s online platform.

All your communications with other users of the Website should follow the prescribed manner and the procedure described on the Website.

If you suspect that your account or registration has been compromised, you must send us an email at your earliest convenience to match@hamster.capital. If you believe you accessed unauthorized to web-pages, content, or data involving the Website, please exit such webpage and report the incident as soon as practicable by sending an email to match@hamster.capital.

15. Governing Law – Jurisdiction

These Terms and their application will be governed by the laws of the Netherlands.

Any disputes or differences that might arise from the use/misuse of the Website, and breaches or violations of these Terms will be resolved according to the laws of the Netherlands.

The courts of the Netherlands shall have exclusive jurisdiction in any of the above occasions, unless there is an explicit agreement between you and us for a different arrangement.

 

16. Severability

 

If any of these Terms are found to be unlawful, invalid or otherwise unenforceable according to applicable law, this shall not affect the validity and enforceability of the remaining Terms.

17. Miscellaneous

 

Hamster reserves the right to review or amend these Terms at any time at its discretion. The modified Terms will be published on our Website within 24 hours of the changes made. We recommend that you review this Website periodically to make sure that you are informed of changes or amendments made to these Terms. If you continue using the Website following the modification or update to these Terms, you will be deemed to have accepted the revised Terms.

Our failure or delay in exercising any of the rights which emanate from these Terms should not be considered a waiver of such rights, unless we confirmed such waiver  in writing.

 

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