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.
In case any discrepancies, inconsistencies or contradictions are identified in between the Agreements and the Specific Agreement, the following order of hierarchy will apply:
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.
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
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.
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.
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.
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.
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 firstname.lastname@example.org. 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 email@example.com.
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.
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.
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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