Last Updated Date: 15/09/2016
Acceptance of Terms
Welcome to Serious Funding, owned and operated by Next Capital SPRL.
Serious Funding provides online services (hereafter the â€œServicesâ€) to connect startups with potential investors (hereafter the â€œInvestorsâ€) and to potential advisors (hereafter the â€œDealmakersâ€). The Services are accessible on www.seriousfunding.beÂ and any other websites through which Serious Funding makes the Services available (hereafter collectively, theÂ â€œSiteâ€). Services may also include access to automated online tools.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (hereafter â€œTermsâ€), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and Serious Funding.
In these Terms,Â â€œyouâ€Â andÂ â€œyourâ€Â refer to the individual or entity that uses the Site, or Services.Â â€œWeâ€,Â â€œusâ€, orÂ â€œourâ€Â refer to Serious Funding. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
You understand and agree that serious funding is not a party to any agreements entered into between members (as defined below). Serious funding has no control over the conduct of members or other users of the site and services or any information provided in connection thereto, and disclaims all liability in this regard.
â€œAppointmentâ€Â means a scheduled telephone/skype call or physical meeting or any other mean of communication coordinated via the Services between Members.
â€œInvestors appointmentâ€ means a scheduled telephone/skype call coordinated via the Services between one or many Investors to exchange information related to a Startup
â€œSerious Funding Contentâ€Â means all Content that Serious Funding makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
â€œCollective Contentâ€Â means Member Content and Serious Funding Content.
â€œContentâ€Â means text, graphics, images, music, software, audio, video, valuation report information or other materials.
â€œDealmakerâ€Â means a Member who offers information and advice to other Members and creates a Mandate via the Site, or Services.
â€œInvestorsâ€Â means a Member who registers as Investor on the Site with a view of receiving information (whether in writing or orally) on one or more â€œStartupsâ€.
â€œStartupâ€ means a Member seeking information or advice from one or more Dealmakers and / or seeks to present information to one or more Investors.
â€œMandateâ€Â means an offer by a Dealmaker to provide some services through the Site.
â€œMemberâ€Â means a person who completes Serious Fundingâ€™s account registration process as described under â€œUser Account Registrationâ€ below, and includes without limitation, Dealmakers, Investors and Startups.
â€œMember Contentâ€Â means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Mail, Call or Services and includes, without limitation, mandates.
â€œTaxâ€Â orÂ â€œTaxesâ€Â mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
â€œValuation Reportâ€Â is a service supplied by Serious Funding to the Startup, consisting of the use of the valuation questionnaire and access to the Serious Funding Support Desk, updates and support in the use of the Site and Services.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
You acknowledge and agree that, by accessing or using the site, or services or by down- and uploading or posting any content from or on the site, or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site, services or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, â€œyouâ€ and â€œyourâ€ will refer and apply to that company or other legal entity.
Serious Funding reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the â€œLast Updated Dateâ€ at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing Member thirty (30) days after notice to the Member is provided via email by Serious Funding to the email address you indicated during the registration process. You agree to keep your email address on file with Serious Funding up-to-date. By continuing to access or use the Site, or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, or Services you represent and warrant that: (i.) you agree to be bound by these Terms and (ii.) that you are 18 or older and able to form legally binding contracts.
How the Site and Services Work
The Site is a platform for Members to connect and schedule Appointments in order to exchange information with other Members. If you wish to use the Services, receive teasers from Startups post a Mandate or benefit from any of the offered services, you must first register to create a Serious Funding Account (as defined below).
Serious Fundingâ€™s role is solely to facilitate the availability of the Site and Services and to provide services related thereto, such as Lead generation, Lead Management, Â Appointment scheduling, Â Dealflow, Investors appointment, call queuing, call cycling, payment integration, and call facilitation (seeÂ www.SeriousFunding.beÂ for more details). Serious Funding does not provide and is not responsible for Member Content or any information or advice exchanged between Members during Appointments or otherwise. Serious Funding does not verify the credentials of any of its Members. You understand and acknowledge that Dealmakers are not employees or agents of Serious Funding but are independent service providers using the Site, and Services to market their expertise to other Members and the public. You understand and acknowledge that Investors are Independent from Serious Funding and are using the Site solely to collect information about Startups. You acknowledge that Serious Funding will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content.
Please note that, as stated above, the site, and services are intended to be used to facilitate member interaction. Serious funding cannot and does not control or guarantee the content contained in any mandates or the information exchanged between members via the services. You understand and acknowledge that serious funding is not responsible for and disclaims any and all liability related to any and all mandates and information provided under the services. Accordingly, all members use the site and services at their own risk.
User Account Registration
Startup Registration:Â To access certain features of the Site and services, you must register onÂ https://www.seriousfunding.be/registration/Â to create an account (hereafter â€œSerious Funding Accountâ€) and become a Member. You may register directly via the Site.
Dealmakers Registration:Â To access certain features of the Site and services, you must register onÂ https://www.seriousfunding.be/join-network/Â to create an account (hereafter â€œSerious Funding Accountâ€) and become a Member. You may register directly via the Site.
Investors Registration:Â To access certain features of the Site and services, you must register onÂ https://www.seriousfunding.be/investors-looking-for-investment-opportunities/Â to create an account (hereafter â€œSerious Funding Accountâ€) and become a Member. You may register directly via the Site
We will create your Serious Funding Account for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active Serious Funding Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Serious Funding reserves the right to suspend or terminate your Serious Funding Account and your access to the Site and Services if you create more than one (1) Serious Funding Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Serious Funding Account, whether or not you have authorized such activities or actions. You will immediately notify Serious Funding of any unauthorized use of your Serious Funding Account.
You (as a Dealmaker) may create Mandates to offer your services to other Members. To this end, you may need to provide information regarding the expertise you offer as well as pricing and other financial terms applicable to your offering. Mandates will be sent by email or through Serious Fundingâ€™s website by the dealmaker to the startup.
Startups will be able to schedule an Appointment with you via the Site and Services based upon the information provided in your Mandate.
You acknowledge and agree that you are solely responsible for any and all Mandates you send. Accordingly, you represent and warrant that any Mandate you send and the agreements you enter into with Startups:
- (i) will not breach any agreements you have entered into with any third parties and
- (ii) will comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you
- And will not conflict with the rights of third parties or Startups who accepted your mandates.
Please note that Serious Funding assumes no responsibility for the content of Mandates or for any Memberâ€™s compliance with any applicable laws, rules and regulations.
You understand and agree that Serious Funding is not involved in the interactions between Members and does not refer or endorse or recommend particular Dealmakers to Startups. You also understand and acknowledge that Serious Funding does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Members. As stated above, Serious Funding is not party to any agreements entered into between Members.
Serious Funding reserves the right, at any time and without prior notice, to remove or disable access to any Mandate for any reason, including Mandates that Serious Funding, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, or Services. You acknowledge and agree that, as a Dealmaker, you are responsible for your own acts and omissions.
As stated above, Serious Funding does not endorse any of its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Memberâ€™s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Serious Funding with respect to such actions or omissions.
Mandates and Financial Terms for Dealmakers:
As Mandates include generally (but not exclusively) phone or skype calls (Appointment), if you (as a Dealmaker) have received an Appointment request from a Member, you will be required to either confirm or reject the request within 24 hours of when the request is made (as determined by Serious Funding in its sole discretion). When an Appointment is requested with you via the Site and Services, we will share with you:
1) The company name
2) The first name and the last name of the Startup Founder
3) The Phone number of the Startup Founder
4) The Skype User Name of the Startup
You can view this information before confirming or rejecting the Appointment. When you confirm an Appointment request, Serious Funding will send you an email, text message or message via the confirming such booking, depending on the selections you make via the Site, and Services.
The amount due and payable by a Startup relating to a Mandate with you is referred to as aÂ â€œMandate Feeâ€. Mandate Fees are quoted in each Mandate, in EUR and in a price per Mandate format. Please note that it is Dealmakers, and not Serious Funding, which set all Mandate Rates. However Serious Funding may provide guidelines per information only.
In consideration of the Services, Serious Funding charges you a fee (theÂ â€œService Feeâ€) based on a percentage of Mandate Fee collected on your behalf. The current applicable percentage is thirty percent (30%). The Service Fee is deducted from the Mandate Fee payable to you in respect of a Mandate. At the conclusion of each Mandate, (meaning when the total number of conference call minutes is reached, Serious Funding will seek a confirmation of termination both with you and the Startups. If both parties agree, Seriousfunding will then transfer the amount due to you (After deducting the applicable Service Fee) within 60 days from the date of completion.
Please note that Serious Funding does not currently charge fees for the creation of Mandates. However, you acknowledge and agree that Serious Funding reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Mandates. Please note that Serious Funding will provide notice of any Mandate fee collection via the Site and Services, in accordance with these Terms, prior to implementing such a Mandate fee feature.
You (as Investor) have to fill in the investor questionnaire containing some information including your experience and your startup preferences. Seriousfunding will use this information to create your anonymous investor profile (published on the Site).
Startups will be able to send some information about their project, organisation or any data it considers relevant in order to get attention form Investors. If you agree, you will be able to accept an Investorâ€™s appointment with the Startup.
An Investorâ€™s appointment means a scheduled telephone / skype call (or even physical meeting or any other mean of communication) coordinated by Seriousfunding between a Startup and an Investor.
If You (as an Investor) have received an Appointment request from a Startup, you will be required to either confirm or reject the request within 3 work day starting on the date youâ€™ve received the appointment request.
When an Appointment is requested with you via Serious Funding, we will share with you:
1) The company name
2) A small teaser describing the activity of the startup or any piece of information deemed relevant by the Startup
If you (as an Investor) are not interested in the â€œStartup, you will be required to notify Serious Fundingâ€™s team with a constructive feedback about your decision.
If interested by the â€œStartupâ€, you (as an Investor) accept to participate to a 20-minute Skype conference call with representatives of the Startup. The booking procedure will be explained to you directly by Serious Funding via separate email.
As an Investor, you are not allowed to directly contact the Startup to collect some information or organize an appointment in view of collecting information. Any infringement to this rule will be considered as an infraction to the present Terms and may lead to the cancellation of your membership and to legal procedure. Please note that Serious Funding simply acts as meeting platform and is not responsible for any transactions between Startups and Investors. None of the information communicated by Serious Funding ot Startups or any Members constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets or provide any investment advice or service.
Appointments and Financial Terms for Startups
You (as a Startup), not Serious Funding, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with a Dealmaker or an Investors by scheduling an Appointment via the Site, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Mandate may apply. You acknowledge and agree that you, and not Serious Funding, will be responsible for performing the obligations of any such agreements, and Serious Funding is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You agree to pay Serious Funding all Mandate Fees due in connection with any Mandate. In order to initiate a Mandate, you understand and agree that Serious Funding has to process and collect the Mandate Fee payable in accordance with these Terms. Please note that Serious Funding cannot control any fees that may be charged to a Member by his or her bank related to Serious Fundingâ€™s collection of the Mandate Fees, and Serious Funding disclaims all liability in this regard.
In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Serious Funding or its third party payment processor.
You (as a Startup) may cancel a Mandate without penalty; provided, however, that you have not already initiated any call with the Dealmaker via the Services. You (as a Dealmaker) may cancel a scheduled Appointment without penalty at any time. If you have been improperly charged for a Mandate that was cancelled and require a refund, please contact Serious Funding atÂ info@SeriousFunding.be.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Serious Funding cannot and does not offer Tax-related advice to any Members of the Site and Services.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site, and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, â€œscrapeâ€, â€œcrawlâ€ or â€œspiderâ€ any web pages or other services contained in the Site, Services or Content;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful codes, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site or Services in connection with the distribution of unsolicited commercial email (â€œspamâ€) or advertisements unrelated to lodging in a private residence;
- â€œstalkâ€ or harass any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Serious Funding Member;
- register for more than one Serious Funding Account or register for a Serious Funding Account on behalf of an individual other than yourself;
- contact a Dealmaker for any purpose other than asking a question related to the Services,
- contact a Startup for any purpose other than asking a question related to the Services;
- recruit or otherwise solicit any other Member to join third party services or websites that are competitive to Serious Funding, without Serious Fundingâ€™s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, or Services;
- use the Site and Services to find a Dealmaker and then complete a transaction independent of the Site or Services in order to circumvent the obligation to pay any fees related to Serious Fundingâ€™s provision of the Services;
- as a Dealmaker, submit any Mandate with a false or misleading information, or submit any Mandate with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that:
- (i)infringes, misappropriates or violates a third partyâ€™s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- (iii) is fraudulent, false, misleading or deceptive;
- (iv) is defamatory, obscene, pornographic, vulgar or offensive;
- (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
- (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, or any individual element within the Site, Services, , Serious Fundingâ€™s name, any Serious Funding trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Serious Fundingâ€™s express written consent;
- access, tamper with, or use non-public areas of the Site, Serious Fundingâ€™s computer systems, or the technical delivery systems of Serious Fundingâ€™s providers;
- attempt to probe, scan, or test the vulnerability of any Serious Funding system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Serious Funding or any of Serious Fundingâ€™s providers or any other third party (including another user) to protect the Site, Services, or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Serious Funding will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Serious Funding may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Serious Funding has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Serious Funding reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Serious Funding, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Serious Funding and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Serious Funding Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Serious Funding grants you a limited, non-exclusive, non-transferable license, to
- (i) access and view any Serious Funding Content solely for your personal and non-commercial purposes and
- (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, Â Â license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Serious Funding or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, and Services, you hereby grant to Serious Funding a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, or by means of the Site, and Services. Serious Funding does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that:
- (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Serious Funding the rights in such Member Content, as contemplated under these Terms; and
- (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Serious Fundingâ€™s use of the Member Content (or any portion thereof) on, through or by means of the Site, and the Services will infringe, misappropriate or violate a third partyâ€™s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The ValuationÂ Report is a service supplied by Serious Funding to the Startup, consisting of the use of the valuation questionnaire and access to the Serious Funding Support Desk, updates and support in the use of the Site and Services. The Valuation Report provided by Serious Funding includes the analysis of User data that the startup can access via theÂ Serious Funding Questionnaire.Â Each analysis is formed by three components: Questionnaire, Serious Funding Algorithm and Valuation Report.
Questionnaire:Â the page(s) on the Serious Funding questionnaire for the collection of the User data. User data refers to all the information (in the broadest sense) required from the Startup for the performance of the analysis conducted via the valuation questionnaire. The required information refers to (but is not limited to) the User personal and Company Data.
Serious Funding Algorithm:Â the licensed technology used for processing and analyzing the User data and generating the Analysis Report.
Valuation Report:Â the summary of the results generated by the Serious Funding Algorithm. The Startup data are analysed by our Desk support on order to generate the valuation report. The report is send by mail to the Startup and the dealmaker maximum 14 days after the data completion. In addition to the results generated by the Serious Funding Algorithm, the Report may contain the User Personal and Company Data, as well as marks and other branding signs of Serious Funding that are subject to copyright protection.
Company Data: all the information (in the broadest sense) provided by the Startup uploaded on the Serious Funding Platform via the Serious Funding Questionnaire that is required in order to make use of the Assessment Tools. This data may refer to (but is not limited to) the business idea, the business plan, the earnings model, the people involved, the past and future financial performance, fundraising plan, the corporate structure, the intellectual properties and any other relevant elements necessary for the use of the Assessment Tools.
You are responsible for all activities undertaken under and content placed within Your Serious Funding account. This responsibility also applies to all the activities performed outside the Serious Funding Questionnaire or SeriousFunding.be having as their object the valuation report via the Serious Funding Questionnaire. Serious Funding offers its Services because there are customers interested in using them. We therefore request that you respect the rights of other fellow Users and those of Serious Funding. In this context, we expressly draw your attention to this point, the startup is responsible for the Content they publish or any of the data they provide via the Serious Funding Questionnaire. It is not allowed to publish Content that goes against public policy, security and morals. Serious Funding will not be liable for Content that is published on the Website or for any resulting disappointing outcome, or loss. Serious Funding will not be liable for any action and/or activity undertaken by a User or a third party and having as its object the Services offered by Serious Funding. The exclusion of liability also applies to any damage or loss stemming from such activities and/or actions. We recommend all our Users to get familiar and comply with local laws as they vary per country.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Serious Funding is not responsible or liable for:
- (i) the availability or accuracy of such websites or resources; or
- (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Serious Funding of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Serious Funding used herein are trademarks or registered trademarks of Serious Funding. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Serious Funding respects copyright law and expects its users to do the same. It is Serious Fundingâ€™s policy to terminate in appropriate circumstances the Serious Funding Accounts of Members who infringe or are believed to be infringing the rights of copyright holders.
Termination and Serious Funding Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
- (a) terminate these Terms or your access to our Site and Services, and
- (b) deactivate or cancel your Serious Funding Account.
Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Serious Funding terminates these Terms, or your access to our Site and Services or deactivates or cancels your Serious Funding Account you will remain liable for all amounts due hereunder. You may cancel your Serious Funding Account at any time by contacting Serious Funding. Please note that if your Serious Funding Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
If you choose to use the site, and services, you do so at your sole risk. You acknowledge and agree that serious funding does not have an obligation to conduct background checks on any member, including, but not limited to, startups and dealmakers, but may conduct such background checks in its sole discretion. The site, services and collective content are provided â€œas isâ€, without warranty of any kind, either express or implied. Without limiting the foregoing, serious funding explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Serious funding makes no warranty that the site, services, collective content, including, but not limited to, the mandates or any information provided via appointments will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Serious funding makes no warranty regarding the quality of any mandates, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, or the services.
No advice or information, whether oral or written, obtained from serious funding or through the site, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, or services and with other persons with whom you communicate or interact as a result of your use of the site, or services. You understand that serious funding does not make any attempt to verify the statements of users of the site, or services. Serious funding makes no representations or warranties as to the conduct of users of the site, or services or their compatibility with any current or future users of the site, or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, or services and with other persons with whom you communicate or interact as a result of your use of the site, or services, including, but not limited to, dealmakers, regardless of whether such communications or interactions are organized by serious funding.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content, mandates or appointments via the site, and services, and any contact you have with other users of serious funding whether in person, by phone, online or other means remains with you. Neither serious funding nor any other party involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, services or collective content, from any communications, interactions or meetings with other users of the site, or services or other persons with whom you communicate or interact as a result of your use of the site, services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not serious funding has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will serious fundingâ€™s aggregate liability arising out of or in connection with these terms and your use of the site and services including, but not limited to, from your mandate or booking of any appointment via the site, and services, or from the use of or inability to use the site, services or collective content and in connection with any interactions with any other members, exceed the amounts you have paid or owe for appointments via the site, and services as a member in the twelve (12) month period prior to the event giving rise to the liability or one hundred euro (â‚¬100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between serious funding and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, indemnify, and hold Serious Funding and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms;
- (b) your Member Content and
- (c) your interaction with any Member, reliance on any information exchanged via the Site, or Services, or Â creation of a Mandate.
Serious Funding shall have the right to control all defense and settlement activities.Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (â€œFeedbackâ€). You may submit Feedback by emailing us atÂ email@example.com
You acknowledge and agree that all Feedback will be the sole and exclusive property of Serious Funding and you hereby irrevocably assign to Serious Funding and agree to irrevocably assign to Serious Funding all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Serious Fundingâ€™s request and expense, you will execute documents and take such further acts as Serious Funding may reasonably request to assist Serious Funding to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who:
- (i) engages in offensive, violent or sexually inappropriate behavior,
- (ii) you suspect of fraud, or
- (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Serious Funding.
You may not assign or transfer these Terms, by operation of law or otherwise, without Serious Fundingâ€™s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Serious Funding may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Serious Funding via:
- (i) email (in each case to the email address that you provide) or
- (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the Kingdom of Belgium, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Brussels, Belgium for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a partyâ€™s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
These Terms are intended to govern the agreement between Serious Funding and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
These Terms constitute the entire and exclusive understanding and agreement between Serious Funding and you regarding the Site, Services, Collective Content and any Appointments or Mandates made via the Site, and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Serious Funding and you regarding the same.
The failure of Serious Funding to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Serious Funding. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Serious Funding
If you have any questions about these Terms, please contact Serious Funding at:
Next Capital, DrÃ¨ve de Richelle 161, 1410 Waterloo, Belgium
As used in this policy, the termsÂ â€œusingâ€Â andÂ â€œprocessingâ€Â information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within Belgium or internationally.
The Collection of Information
Our principal goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site (theÂ â€œServiceâ€) and to enable users to enjoy and easily navigate the Site. The types of information that we collect include:
Information you provide to us
Personal Information:Â You may browse the Site without providing any personal information that may be used to identify you personally. However, when you register for and use the Service, access certain content or features, or directly contact the Site, we may ask you to provide information, including:
- your name, phone number, mobile phone number, email address, skype address
- your username, password, and account setting preferences;
- your credit card number, billing address and other billing related information.
(collectively,Â â€œPersonal Informationâ€) Information automatically collected when you visit and interact on the Site, certain information is collected automatically, including:
Non-Identifying Information:Â We collect other non-identifying information you provide as part of the registration, administration and personalization of your Serious Funding Account profile (e.g. account preferences) (â€œNon-Identifying Informationâ€). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Serious Funding Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Site, and Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Log Data:Â When you visit the Site, whether as a Member or a non-registered user (any of these, aÂ â€œSerious Funding Userâ€), our servers automatically record information that your browser sends whenever you visit a website (â€œLog Dataâ€). This Log Data may include information such as your computerâ€™s Internet Protocol (â€œIPâ€) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, and the Service and for the Site technical administration, to increase our Site functionality and user-friendliness, and to better tailor our Site to our visitorsâ€™ needs. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Web Beacons:Â Our Site may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our Member communications and marketing campaigns.
- (c) Information collected from other sources
We may access information about you from third-party sources and platforms. You can register to use the Service by logging into online accounts you may have with third party service providers (â€œTPSPâ€)(e.g. Facebook, Twitter or LinkedIn); each such account, aÂ â€œThird Party Accountâ€, via our Site as described below. As part of the functionality of the Site, Service, you may link your Serious Funding Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Serious Funding through the Site, Service; or (ii) allowing Serious Funding to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Serious Funding and/or grant Serious Funding access to your Third Party Account for use for the purposes described herein without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Serious Funding to pay any fees or making Serious Funding subject to any usage limitations imposed by the applicable TPSP.
If you register by logging into a Third Party Account via our Site, we will obtain the Personal Information you have provided to the applicable TPSP (such as your true name, email address, profile picture, names of TPSP friends, names of TPSP groups to which you belong, other information you make publicly available via the applicable TPSP and/or other information you authorize Serious Funding to access by authorizing the TPSP to provide such information) from your Third Party Accounts and use that information to create your Serious Funding Account and Serious Funding Account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the TPSP and authorized by you) the information in your Third Party Accounts so that it is available on and through your Serious Funding Account on the Site, Service. If there is information about your â€œfriendsâ€ or people with whom you are associated in your Third Party Account, the information we obtain about those â€œfriendsâ€ or people with whom you are associated, may also depend on the privacy settings such people have with the applicable TPSP.
Use of Your Information
Mobile Communications:Â With your consent, we may use your mobile phone number to send you information, notifications and updates regarding the Site or Service.
Profile Information:Â We use the information we collect at registration to create your Serious Funding Account and Serious Funding Account profile page. Your Serious Funding Account profile page will include, among other things, your first and last name, your profile picture and your location. You can select the other items of Personal Information that you wish to be included in your Serious Funding Account profile page â€“ including, but not limited to, a list of the TPSP groups to which you belong, a list of any of your TPSP friends or connections who are also Members of Serious Funding, connections you have established between your Serious Funding Account and any TPSPs, and a biography and links to your Mandates, if applicable (together, yourÂ â€œProfile Informationâ€). We will display your Profile Information in your Serious Funding Account profile page publicly via the Site and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Serious Funding Users and consequently should reflect how much you want other Serious Funding Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage Members to exercise caution regarding the information disclosed in their Serious Funding Account profile page. You can review and edit your Profile Information at any time.
Mandates:Â If you create a Mandate, we may publish, use, share or otherwise disclose the Content of that Mandate publicly via the Site and may enable third parties to publish the Mandate on their websites.
Serious Funding Marketing:Â We may also use your Personal Information to contact you with Serious Funding newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of these marketing related notifications at any time by accessing the â€œManage Notificationsâ€ section of your Serious Funding Account. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
Request Fulfillment:Â We may use the information that we collect to fulfill your requests for products, services and information. For example, we may use your information to respond to your customer service requests.
Data Analysis:Â In order to learn more about how our Site,and Service are used, we aggregate and analyze the data we collect. We may use the information, for example, to monitor and analyze use of the Site and Service, to improve the functionality of same and to better tailor our content and design to suit our visitorsâ€™ needs.
Testimonials:Â Serious Funding posts testimonials on the Site. With your consent, we may post your testimonial on the Site along with your name. To have your testimonial removed, please contact us atÂ info@SeriousFunding.be.
Information Sharing and Disclosure
Analysis:Â We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, payment processing, customer service and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Delivery:Â We may employ third party companies and individuals to perform Site-related services, including maintenance services, database management, web analytics, data processing and email and text message distribution. These third parties have access to your information only to perform these tasks on our behalf.
Investigations:Â We may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of Serious Fundingâ€™s Terms of Service, or as otherwise required by law.
Compliance with Laws:Â We may share information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
Updating and Deleting your Personal Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us atÂ firstname.lastname@example.orgÂ or editing their profile. If you would like us to deactivate your Serious Funding Account, please contact us or select the â€œCancel Accountâ€ feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Serious Funding Account. Please note that, if you cancel your Serious Funding Account, any of your Member Content on the Site will remain publicly viewable via the Site. Please see below for privacy contact information
Security and Data Retention
To protect your privacy and information, Serious Funding uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure of Personal Information of users.
When you enter Personal Information on our Site, we encrypt that information using secure socket layer technology (SSL). SSL creates a secured connection between our web servers and your browser, which protects against unauthorized access to transmitted data and supports data being sent only to intended recipients.
Your Personal Information is password protected and our main servers are locked and hosted by a leading provider of Internet access to enterprises with mission-critical Internet application requirements. Access to the host environment is secure.
Identity theft and the practice currently known as â€œphishingâ€ are of great concern to Serious Funding. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Serious Funding Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us atÂ email@example.com
Note that we will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored â€œpersonal dataâ€ (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Sharing personal email addresses, phone numbers, Skype usernames or any other personal contact details.
All communications, information and files exchanged should be performed exclusively using Serious Fundingâ€™s messaging system. The main reason this it is required is to keep communications and transactions on Serious Funding is for your safety. The internet industry has traditionally been inundated with risk and uncertainty. Serious Funding is a new form of communications. For this community to thrive, security and trust must be maintained for all users. This is only possible through maintaining initial conversations within the Serious Funding application. Protecting our usersâ€™ privacy is of critical concern for everyone on the Serious Funding team. To protect our usersâ€™ privacy, personal information should be kept anonymous. Requesting or providing email addresses, skype/IM usernames or other personal contact details (other than your name) are strictly prohibited. Serious Fundingâ€™s Call Back service and User Inboxes are designed to enable communication between all users.
Serious Funding and its third party partners to whom we disclose information under this policy may perform activities outside of BelgiumÂ and potentially collect, transfer, store, and process your personal information in other countries. As a result, your information may be subject to the laws of those countries or other jurisdictions. These laws may not be equivalent to the privacy and data protection laws in your jurisdiction. Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. By using the Site, or providing us with your information, you consent to the potential collection, transfer, storage, and processing of information in other countries.
We will make available to you any of your personal information that we have collected, used or disclosed upon request. Please contact us at firstname.lastname@example.org
Updates to This Policy
Addressing Your Concerns