Last Updated: January 10, 2024
Acceptance of Terms
Stichting Marlin Yard, a Charitable Organization registered in the Netherlands under chamber number 80364470, RSIN 861648006, SBI 85599, TAX-id NL861648006B01, and OB 861648006B01, takes charge of the website www.marlinyard.org (“the Website”). The following are the Terms and Conditions governing donations, investments, payments, and transaction services provided through the foundation’s operations, Website, and Bank Escrow Accounts. These Terms and Conditions apply individually to each donation, payment, and transaction conducted through the foundation’s subsidiaries, Website, and Bank Escrow Accounts. Stichting Marlin Yard’s current subsidiary include the Crowd Profit Sharing Program.
Stichting Marlin Yard places great importance on safeguarding your privacy and treats all financial information related to your transactions with us as highly confidential. Additionally, we do not disclose the email addresses or phone numbers of any donors or constituents.
Overview of Crowd Profit Sharing Platform
The Crowd Profit Sharing platform serves as a collaborative space that connects investors with impactful projects, fostering financial support for initiatives that align with sustainable and community-driven goals. By participating in the platform, users engage in a unique profit-sharing model that not only allows them to contribute to positive change but also offers potential returns on investment.
1. Project Diversity:
- The platform hosts a diverse range of projects, spanning sustainability, community development, and innovation.
- Users can explore and choose projects that resonate with their values and interests.
2. Profit-Sharing Model:
- Investors become an integral part of the projects they support, sharing in the financial success of initiatives.
- Returns on investment are distributed based on the profit-sharing model outlined by the platform.
3. Transparency and Accountability:
- Project creators are accountable for transparently communicating project updates, financial information, and outcomes to investors.
- The platform emphasizes openness and accountability throughout the project lifecycle.
4. Financial Inclusion: The platform aims to bridge financial gaps by providing opportunities for investors to support projects that might face challenges obtaining funding through traditional channels.
5. Community Building:
- Users become part of a community passionate about making a positive impact.
- The platform facilitates collaboration, networking, and knowledge-sharing among investors, project creators, and other stakeholders.
Terms Governing the Relationship
By engaging with the Crowd Profit Sharing platform, users acknowledge that the following terms govern their relationship with the platform:
1. Eligibility: Users must meet specific eligibility criteria to participate as investors or project creators.
2. Project Submission and Approval: The process for submitting projects and the criteria for approval are outlined.
3. Funding Model: Details of how funds are collected, distributed, and the profit-sharing model are clearly defined.
4. Investor and Project Creator Rights and Responsibilities: The rights, responsibilities, and expectations of both investors and project creators are specified.
5. Privacy and Data Security: Protocols for handling user data, ensuring privacy, and maintaining data security are explained.
6. Dispute Resolution and Legal Compliance: Procedures for dispute resolution and compliance with legal requirements are detailed.
7. Changes to Terms: Users are informed about the platform’s right to modify terms and conditions.
8. Contact Information: Users are provided with contact details for inquiries or support.
Participation in the Crowd Profit Sharing platform signifies acceptance of these terms and a commitment to collaborative, impactful, and sustainable investing.
These definitions provide clarity on essential concepts related to the Crowd Profit Sharing platform.
1. Crowd Profit Sharing Platform: A digital ecosystem that connects investors with sustainable and community-driven projects, facilitating financial support and fostering a profit-sharing model.
2. Investor: An individual or entity participating in the Crowd Profit Sharing platform by providing financial support to projects in exchange for potential returns on investment.
3. Project Creator: An individual, organization, or entity submitting projects to the Crowd Profit Sharing platform, seeking financial support and collaboration from the community of investors.
4. Profit-Sharing Model: A predefined system outlining how financial returns and profits generated by projects on the platform are distributed among investors, project creators, and the platform itself.
5. Eligibility Criteria: The specific requirements and conditions that individuals or entities must meet to participate as investors or project creators on the Crowd Profit Sharing platform.
6. Community Impact Project: A project hosted on the platform that focuses on promoting positive change, sustainability, and community development, aligning with the goals and values of the Crowd Profit Sharing community.
7. Return on Investment (ROI): The financial gains or benefits that investors may receive based on their contributions to projects, as outlined by the profit-sharing model.
8. Project Submission Process: The step-by-step procedure through which project creators submit their initiatives for consideration and potential funding on the Crowd Profit Sharing platform.
9. Transparency and Accountability Standards: Defined principles and practices ensuring that project creators maintain open communication, provide financial transparency, and remain accountable to investors throughout the project lifecycle.
10. Financial Inclusion: The platform’s commitment to providing opportunities for a diverse range of investors to participate in funding projects, overcoming barriers faced in traditional financial systems.
11. Community Building: The active promotion of collaboration, networking, and knowledge-sharing among investors, project creators, and other stakeholders within the Crowd Profit Sharing platform.
12. Data Security and Privacy Policies: Protocols and measures implemented to safeguard user data, ensuring privacy and compliance with relevant data protection regulations.
13. Dispute Resolution Mechanism: The established process for resolving conflicts or disputes that may arise between users, project creators, and the Crowd Profit Sharing platform.
14. Legal Compliance: Adherence to applicable laws and regulations governing financial transactions, investments, and project submissions within the jurisdiction of the Crowd Profit Sharing platform.
15. Terms and Conditions: The set of rules, guidelines, and agreements that users must adhere to when engaging with the Crowd Profit Sharing platform, covering various aspects of participation and collaboration.
These eligibility criteria and restrictions aim to ensure a secure and compliant environment for both investors and project creators on the Crowd Profit Sharing platform. Users should carefully review and adhere to the specified requirements before engaging with the platform.
Eligibility Criteria for Investors
To participate as an investor on the Crowd Profit Sharing platform, individuals or entities must meet the following eligibility criteria:
1. Age Requirement: Investors must be of legal age in their jurisdiction to enter into financial agreements, typically 18 years or older.
2. Legal Capacity: Investors must have the legal capacity to engage in financial transactions and adhere to the terms and conditions of the Crowd Profit Sharing platform.
3. Compliance with Jurisdictional Regulations: Investors are required to comply with the financial regulations and laws applicable in their respective jurisdictions to ensure legal participation.
4. Financial Capability: Investors should possess the financial capability to contribute funds to projects on the platform, understanding the associated risks and potential returns.
5. Registration and Verification: Investors must complete the registration process on the platform, providing accurate and verifiable information.
Eligibility Criteria for Project Creators
Individuals, organizations, or entities seeking to submit projects on the Crowd Profit Sharing platform must meet the following eligibility criteria:
1. Legitimate Purpose: Projects must have a legitimate purpose that aligns with the goals of the Crowd Profit Sharing community, focusing on sustainability, positive impact, and community development.
2. Financial Transparency: Project creators should be transparent about the financial aspects of their initiatives, providing clear information on funding requirements, utilization, and potential returns.
3. Compliance with Platform Policies: Project creators must adhere to the terms and conditions set by the Crowd Profit Sharing platform, including transparency standards and accountability practices.
4. Feasibility and Viability: Projects should demonstrate feasibility and viability, outlining a clear plan for implementation and the potential positive outcomes.
5. Legal Compliance: Project creators must ensure that their initiatives comply with all applicable laws and regulations, both on the platform and within their respective jurisdictions.
1. Jurisdictional Restrictions: The Crowd Profit Sharing platform may have limitations on participation based on the legal and regulatory requirements of specific jurisdictions. Users are responsible for understanding and complying with these restrictions.
2. Risk Acknowledgment: Investors must acknowledge and understand the risks associated with crowdfunding and investments, and project creators must recognize the responsibilities and expectations outlined by the platform.
4. Project Submission and Approval
Project creators should be aware of and agree to the associated fees before submitting their projects. The fees are designed to ensure the sustainability of the platform and support ongoing efforts to facilitate positive community impact.
Project Submission Process
1. Registration: Project creators must register on the Crowd Profit Sharing platform, providing accurate information and completing the required verification process.
2. Project Proposal: Project creators submit a detailed project proposal outlining the initiative’s purpose, goals, expected impact, and financial requirements.
3. Documentation: Project creators upload supporting documentation, including financial plans, risk assessments, and any other relevant information to validate the feasibility and legitimacy of the project.
4. Legal Compliance Check: The platform conducts a legal compliance check to ensure that the proposed project adheres to all applicable laws and regulations.
5. Ethical Considerations: The Crowd Profit Sharing platform assesses projects based on ethical considerations, ensuring alignment with sustainability, positive impact, and community development goals.
Criteria for Project Approval:
1. Alignment with Platform Goals: Projects must align with the overarching Sustainable Development Goals of the Crowd Profit Sharing platform, emphasizing sustainability, positive social impact, and community development.
2. Feasibility and Viability: Project proposals should demonstrate a clear and feasible plan for implementation, with a focus on achieving the stated objectives.
3. Financial Transparency: Project creators must maintain a high level of financial transparency, providing detailed information on funding requirements, utilization, and potential returns.
4. Legal Compliance: Projects must comply with all relevant laws and regulations, both on the platform and within the jurisdictions in which they operate.
5. Ethical and Social Responsibility: Projects are evaluated based on their ethical considerations and commitment to social responsibility, contributing positively to the community and the environment.
Fees for Project Submission:
1. Submission Fee: A non-refundable submission fee in the form as a membership contribution will be applicable to cover the administrative costs associated with reviewing and processing project proposals. See membership fees at Register – Stichting Marlin Yard
2. Success-Based Fee: Upon successful funding of the project, a success-based fee of 1% will be levied as a percentage of the total funds raised. This fee contributes to the ongoing maintenance and development of the Crowd Profit Sharing platform.
Note: The success-based fee is subject to change without prior notice.
5. Funding Model
Investors and project creators are encouraged to review the platform’s funding model and fee structure comprehensively, ensuring a clear understanding of the financial aspects associated with participating in Crowd Profit Sharing initiatives.
1. Investor Contributions: Investors contribute funds to projects of their choice through the Crowd Profit Sharing platform. The platform facilitates secure transactions and provides various payment options.
2. Crowd Profit Sharing Model: The profit-sharing model involves distributing returns generated by funded projects among the investors who supported those specific initiatives.
3. Return on Investment (ROI): Investors receive a proportional share of the returns based on their contribution to a particular project. The ROI is calculated in accordance with the project’s financial performance.
4. Distribution Process: Returns are distributed to investors periodically, in alignment with the predefined profit-sharing schedule outlined in the project details. This ensures transparency and enables investors to track their earnings.
5. Platform Fee Structure: The Crowd Profit Sharing platform charges a fee for facilitating successful project funding. This fee may be a percentage of the total funds raised and is deducted before the distribution of returns to investors.
6. Success Fee: A success fee of 1% is applied to the profits generated by a funded project. This fee contributes to covering the platform’s operational expenses, ongoing development, and maintenance.
Note: The success-based fee is subject to change without prior notice.
7. Transparent Fee Disclosure: The fee structure, including the platform’s charges and success fees, is transparently communicated to both investors and project creators. This disclosure ensures that all stakeholders are aware of the financial implications before engaging with the platform.
8. Sustainability of the Platform: The fees collected play a crucial role in sustaining the Crowd Profit Sharing platform, allowing it to continue providing a secure and efficient environment for impactful projects and investments.
6. Investor Rights and Responsibilities
Clear communication and understanding of these rights and responsibilities contribute to a harmonious and mutually beneficial relationship between investors and the Crowd Profit Sharing platform.
1. Profit-Sharing Entitlements: Investors have the right to receive a share of the profits generated by projects they support through the Crowd Profit Sharing platform. The entitlement is proportional to their contribution to the project.
2. Transparent Reporting: Investors are entitled to transparent and regular reporting on the financial performance of the projects they’ve invested in. This includes updates on returns, project milestones, and any relevant financial information.
3. Withdrawal and Redemption: Investors have the right to withdraw their investment according to the terms outlined in the project details. The platform provides a mechanism for investors to redeem their shares when applicable.
4. Voting Rights (if applicable): In certain cases, investors may have voting rights on specific project-related decisions. This empowers investors to participate in key choices that impact the project’s direction.
5. Responsibility for Due Diligence: Investors are responsible for conducting thorough due diligence before committing funds to a project. This includes reviewing project details, financial forecasts, and any associated risks.
6. Compliance with Terms and Conditions: Investors are expected to comply with the terms and conditions outlined by the Crowd Profit Sharing platform. Adhering to these guidelines ensures a fair and secure environment for all participants.
7. Risk Acknowledgment: Investors acknowledge and understand the inherent risks associated with investing in projects. They should carefully assess the risk factors disclosed by project creators and make informed investment decisions.
8. Communication and Engagement: Investors are encouraged to actively engage with the platform, ask questions, and seek clarification when needed. Open communication fosters a collaborative environment and enhances the overall experience for all stakeholders.
9. Feedback Mechanism: Investors have the right to provide feedback on their experience with the platform. This feedback is valuable for continuous improvement and helps address any concerns or suggestions for enhancement.
10. Legal Rights: Investors retain legal rights associated with their investments, as outlined by relevant laws and regulations. The platform commits to upholding these rights and ensuring a compliant and ethical investment environment.
7. Project Creator Obligations
Adhering to these obligations ensures a transparent and collaborative relationship between project creators, investors, and the Crowd Profit Sharing platform, fostering an environment of trust and accountability.
1. Transparent Fund Utilization: Project creators are obligated to utilize funds for the specific purposes outlined in the project proposal. Any deviation from the stated allocation requires transparent communication with investors and the Crowd Profit Sharing platform.
Note: In case of funds misuses see subject 9. Termination of Suspension
The specific consequences and actions taken if a project creator misuses funds for purposes other than stated depend on the terms and conditions outlined by the Crowd Profit Sharing platform. Generally, potential measures could include requiring the project creator to repay misused funds, legal actions, or involvement of relevant authorities. It is crucial to review the platform’s terms and conditions for detailed information on how such situations are addressed.
2. Financial Reporting: Project creators must provide regular and transparent financial reporting, detailing the allocation and expenditure of funds. This includes updates on project expenses, revenue generation, and any unforeseen financial challenges.
3. Milestone Updates: Project creators are expected to provide updates on project milestones as outlined in the initial project proposal. This helps investors track the progress of the project and stay informed about its development.
4. Risk Disclosure: Project creators are obligated to disclose any material changes or risks that may impact the project’s success. This includes but is not limited to changes in market conditions, unforeseen challenges, or external factors affecting the project.
5. Communication Responsiveness: Project creators are expected to be responsive to investor inquiries and provide timely responses to questions or concerns. Open communication fosters trust and collaboration between project creators and investors.
6. Adherence to Ethical Standards: Project creators must adhere to ethical standards and conduct their activities in a manner consistent with the values of the Crowd Profit Sharing platform. Any unethical practices may result in consequences, including project termination.
7. Compliance with Platform Policies: Project creators are required to comply with all policies and guidelines set forth by the Crowd Profit Sharing platform. This includes adhering to legal and regulatory requirements governing project fundraising and financial activities.
8. Completion of Promised Deliverables: Project creators must fulfil all promised deliverables outlined in the project proposal. This includes completing the project within the specified timeline and meeting any stated milestones.
9. Notification of Significant Changes: Project creators should promptly notify investors and the platform of any significant changes in project plans, financial status, or other critical aspects that may affect the project’s outcome.
10. Post-Project Engagement: After project completion, project creators are encouraged to engage with investors through post-project updates. This may include sharing insights into the project’s impact, lessons learned, and any future plans.
8. Fees and Charges
All fees are transparently communicated to users before they engage in profit-sharing projects, ensuring clarity and understanding of the associated costs. The Crowd Profit Sharing platform is committed to maintaining a fair and sustainable fee structure that aligns with its mission and benefits all participants.
1. Project Submission Fee: Project creators may be subject to a nominal fee when submitting a project for profit-sharing consideration. This fee covers the administrative costs associated with reviewing and processing project proposals. It is integrated into the selected membership upon registration. Go to our membership registering page at link: www.marlinyard.org/register.
2. Success Fee: A success-based fee of 1% is applied to successfully funded projects. This fee is calculated as a percentage of the total funds raised and is deducted before profit distributions to investors. The success fee contributes to sustaining the operations of the Crowd Profit Sharing platform.
3. Investor Transaction Fee: Investors may be subject to a small transaction fee when participating in profit-sharing projects. This fee is deducted from the invested amount and contributes to platform maintenance and operational expenses.
4. Currency Conversion Fee: In cases where investments or returns involve currency conversion, a currency conversion fee may apply. This fee covers the costs associated with converting funds between different currencies.
5. Early Withdrawal Penalty: After supporting a project, investors have a 4 working days window to retract their support without incurring any charges. Beyond the initial 4 days, a withdrawal fee may be applied to the supported amount.
Investors withdrawing their funds before the completion of a profit-sharing project may incur an early withdrawal penalty. This penalty discourages premature withdrawals and supports the stability of ongoing projects. The penalty is set at 35% of the total invested amount.
6. Late Project Reporting Fee: Project creators may face a late reporting fee of US$ 400.00 if they fail to provide timely and transparent financial reporting as per platform guidelines. This fee encourages adherence to reporting timelines and maintains accountability.
7. Dispute Resolution Fee: In the event of disputes between investors and project creators, a dispute resolution fee may be applied. This fee contributes to covering the costs associated with resolving disputes through the platform’s designated mechanisms.
The fee is calculated as a percentage (30%) of the disputed amount, which includes the total value of all claims, counterclaims, and set-offs. This approach allows parties to estimate arbitration costs in advance. If the disputed amount exceeds Euro € 100.000,00 the Board determines the advance on costs through a case-by-case analysis.
8. Customization Fees: For additional customization or premium features requested by project creators, there may be associated customization fees. These fees cover the development and implementation of tailored solutions to meet specific project requirements. A quotation detailing labour costs will be provided for specific project needs.
9. Educational Resources Fee: A small portion of funds raised through fees may be allocated to developing and maintaining educational resources for users. This fee supports the provision of materials that enhance the understanding of profit-sharing concepts and best practices.
9. Termination or Suspension
Termination or suspension decisions are made with the best interests of the Crowd Profit Sharing community in mind. The platform is committed to upholding ethical standards, fostering a secure environment, and ensuring fair treatment for all participants.
1. Project Termination: A profit-sharing project may face termination if it fails to adhere to the platform’s guidelines, ethical standards, or legal requirements. Reasons for termination may include but are not limited to misrepresentation, misuse of funds, or non-compliance with project reporting obligations.
2. Participant Suspension: Participants, including project creators and investors, may be subject to suspension if they engage in fraudulent activities, violate platform policies, or fail to fulfil their obligations. The suspension aims to maintain the integrity of the Crowd Profit Sharing community and protect the interests of other participants.
3. Due Process: Prior to termination or suspension, the platform will initiate a thorough investigation to assess the alleged violations. Both project creators and investors will have an opportunity to present their cases and provide evidence in their defence.
4. Notification: Participants facing termination or suspension will be promptly notified of the reasons behind such actions. Clear communication ensures transparency and gives participants a chance to address concerns or rectify issues if possible.
5. Appeals Process: An appeals process will be available for participants who disagree with the termination or suspension decision. This process allows for a fair and unbiased review of the situation, considering additional information or mitigating circumstances.
6. Immediate Action: In cases where immediate action is necessary to protect the interests of participants or the platform, suspension may be implemented without prior notice. Such actions are taken when there is clear evidence of severe violations that require swift intervention.
7. Reinstatement Conditions: Suspended participants may be reinstated upon successful resolution of the issues that led to their suspension. Reinstatement conditions may include corrective actions, adherence to guidelines, or other measures to prevent recurrence of the violation.
8. Termination of Project Funding: If a project fails to reach specified milestones or meet predefined success criteria, the platform reserves the right to terminate funding for that project. This ensures that investor funds are not tied to projects with insufficient progress or potential risks.
10. Legal Compliance
By prioritizing legal compliance, the Crowd Profit Sharing platform aims to create a secure and trustworthy environment for participants, fostering responsible and lawful engagement in financial activities.
1. Financial Regulations: Participants, including project creators and investors, must strictly adhere to relevant financial regulations and legal requirements applicable in their respective jurisdictions. The Crowd Profit Sharing platform emphasizes the importance of legal compliance to ensure the integrity and legitimacy of all activities conducted on the platform.
2. Know Your Customer (KYC) Requirements: Participants may be required to undergo identity verification processes, including but not limited to KYC checks. This is essential for compliance with anti-money laundering (AML) and other regulatory standards.
3. Investment Risks Disclaimer: The platform provides clear and comprehensive disclaimers regarding the inherent risks associated with investment activities. Investors are informed that participation in profit-sharing projects involves financial risks, and past performance is not indicative of future results.
4. Educational Resources: To enhance awareness and understanding, the platform may offer educational resources, including guides, webinars, or documentation, regarding legal and financial considerations. Participants are encouraged to review and utilize these resources to make informed decisions.
5. Consultation with Legal Advisors: Participants are strongly encouraged to seek advice from legal and financial professionals to ensure their activities align with local regulations. This is particularly important for project creators when structuring projects and for investors evaluating potential risks.
6. Transparent Communication: The platform commits to transparent communication regarding any changes in regulations that may impact participants. Timely updates will be provided to ensure that participants are informed of any adjustments or additional requirements imposed by regulatory authorities.
7. Risk Acknowledgment: Prior to participating in profit-sharing projects, investors are required to acknowledge and accept the associated risks. This acknowledgment may be facilitated through an explicit agreement during the onboarding process.
8. Continuous Compliance Monitoring: The platform undertakes continuous monitoring to ensure that all participants remain compliant with evolving legal and regulatory frameworks. Non-compliance may result in consequences, including suspension or termination, to maintain the platform’s integrity.
11. Privacy and Data Security
By prioritizing privacy and data security, the Crowd Profit Sharing platform aims to build trust among its users, ensuring that their personal information is handled responsibly and in accordance with the highest standards of data protection.
1. Data Collection and Usage: The Crowd Profit Sharing platform collects only essential user data necessary for account creation, identity verification, and transaction processing. Users will be informed about the types of data collected and the purposes for which it will be used.
2. Storage and Encryption: User data is securely stored using robust encryption methods to prevent unauthorized access. The platform employs industry-standard security measures to safeguard sensitive information from potential breaches.
3. Third-Party Partnerships: In the event of partnerships with third-party service providers, the platform ensures that these entities adhere to stringent data security and privacy standards. Any data shared with third parties is limited to what is necessary for seamless platform operations.
4. Compliance with Data Protection Laws: The platform commits to full compliance with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and other regional or national privacy frameworks.
5. User Consent: Prior to collecting any user data, explicit consent will be obtained. Users will have the option to grant or deny consent for the collection, processing, and storage of their personal information.
6. Data Access Controls: Access to user data is restricted to authorized personnel only. Strict access controls are implemented to ensure that sensitive information is accessible only to individuals with a legitimate need for such access.
7. Data Retention Policy: The platform adheres to a transparent data retention policy, outlining the duration for which user data will be retained. Data that is no longer necessary for operational purposes will be securely and permanently deleted.
8. Security Audits and Assessments: Regular security audits and assessments will be conducted to identify and address potential vulnerabilities. The platform is committed to staying abreast of evolving cybersecurity threats to continuously enhance its protective measures.
9. User Rights and Control: Users have the right to access, rectify, or delete their personal data. The platform provides mechanisms for users to exercise these rights and offers clear instructions on how to manage their privacy settings.
12. Changes to Terms
By incorporating these provisions, the Crowd Profit Sharing platform aims to maintain transparency and accountability in communicating changes to its terms and conditions, ensuring that users are adequately informed and have the opportunity to understand and accept any modifications.
1. Modification of Terms: The Crowd Profit Sharing platform reserves the right to modify, amend, or update these terms and conditions at its sole discretion. Users are encouraged to review the terms periodically for any changes.
2. Notification of Changes: Users will be notified of any modifications to the terms through prominent and easily accessible means, such as email notifications, platform announcements, or direct messages. The platform is committed to providing reasonable notice before changes come into effect.
3. Effective Date: Any modifications to the terms will clearly indicate the effective date of the changes. Users will be informed about when the updated terms will apply to their use of the platform.
4. User Acknowledgment: Continued use of the Crowd Profit Sharing platform after the effective date of the modified terms constitutes acceptance of the changes by the user. Users who do not agree with the modified terms should refrain from using the platform.
5. Accessibility of Updated Terms: The most current version of the terms and conditions will be made available on the platform. Users can access the updated terms at any time to stay informed about the governing policies.
6. Feedback Mechanism: The platform encourages users to provide feedback or express concerns regarding any changes to the terms. A designated contact or feedback mechanism will be provided to facilitate user communication.
7. User Responsibility: It is the responsibility of users to regularly check for updates to the terms. The platform will make reasonable efforts to ensure that users are informed of changes, but users are ultimately responsible for staying informed about the governing policies.
13. Dispute Resolution
By establishing clear procedures for dispute resolution, including negotiation, mediation, and arbitration, and specifying jurisdiction and governing law, the Crowd Profit Sharing platform aims to provide a structured and fair mechanism for resolving disagreements between users and maintaining a transparent and accountable environment.
1. Negotiation and Informal Resolution: In the event of any disputes or disagreements arising between users and the Crowd Profit Sharing platform, both parties agree to first attempt to resolve the matter amicably through negotiation or informal discussions.
2. Mediation: If a resolution cannot be reached through negotiation, both parties agree to enter into mediation facilitated by a neutral third party. The mediator’s role is to assist in reaching a mutually acceptable agreement.
3. Arbitration: Should mediation fail to resolve the dispute, both parties consent to binding arbitration as the next step. Arbitration will be conducted in accordance with the rules and procedures of a recognized arbitration institution agreed upon by both parties.
4. Jurisdiction: Any legal actions arising from or related to the use of the Crowd Profit Sharing platform will be subject to the exclusive jurisdiction of the competent courts Rechtbank Noord-Holland, locatie Alkmaar, in the Netherlands. It translates to “North Holland District Court, Alkmaar location. Users agree to submit to the personal jurisdiction of these courts for the resolution of any such disputes.
5. Governing Law: These dispute resolution provisions and the interpretation of the terms and conditions will be governed by and construed in accordance with the Dutch law, excluding its conflict of law principles.
6. Costs of Dispute Resolution: Each party is responsible for its own costs associated with the dispute resolution process, including but not limited to legal fees, unless otherwise determined by the mediator or arbitrator.
By accepting these terms and conditions, users acknowledge and agree to indemnify the platform against any potential liabilities, ensuring a comprehensive and effective indemnification framework to protect both parties involved.
1. User Indemnification: Users agree to indemnify, defend, and hold the Crowd Profit Sharing platform, its affiliates, partners, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from their use of the platform, violation of these terms and conditions, or infringement of any intellectual property or other rights of any person or entity.
2. Scope of Indemnity: The indemnification extends to all third-party claims, demands, or actions, and any liabilities, judgments, settlements, or expenses associated with such claims.
3. Notification: Users agree to promptly notify the Crowd Profit Sharing platform of any claims or demands made against them for which indemnification will be sought.
15. Limitation of Liability
Users are encouraged to carefully review and understand the limitations of liability outlined in these terms and conditions, recognizing the inherent risks associated with financial transactions and investments.
1. Standard of Care: The Crowd Profit Sharing platform will exercise reasonable care and diligence in providing its services. However, users acknowledge that the platform cannot guarantee the accuracy, completeness, or timeliness of information and disclaims any responsibility for errors or omissions.
2. No Financial Responsibility: The platform shall not be held financially responsible for any losses, damages, or expenses incurred by users or third parties resulting from the use of the platform, including but not limited to investment losses, disruptions, or inaccuracies in information.
3. Limitation of Damages: In no event shall the Crowd Profit Sharing platform be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, arising out of or in connection with the use or inability to use the platform or its services.
4. Force Majeure: The platform is not liable for any failure or delay in performance resulting from acts beyond its control, including but not limited to acts of God, natural disasters, governmental actions, labour strikes, or technological failures.
In the event that any provision of these terms and conditions is determined to be invalid or unenforceable under applicable law, such provision shall be deemed severed from these terms without affecting the validity and enforceability of the remaining provisions. The remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
This severability clause ensures that if any part of the terms is deemed unenforceable, the rest of the agreement remains in effect, promoting the continued validity of the remaining terms and conditions.
17. Entire Agreement
These terms and conditions constitute the entire agreement between users and the platform, superseding any prior agreements, understandings, or representations. No modification or amendment to these terms shall be effective unless expressly stated in writing and agreed upon by both parties. This provision ensures that the terms outlined herein encompass the complete understanding and agreement between users and the platform, overriding any previous agreements or discussions. Any changes or amendments must be explicitly documented in writing and mutually consented to by both parties to be considered valid.
18. Contact Information
For any inquiries, support, or clarification regarding these terms and conditions, users can contact the platform at the following:
Stichting Marlin Yard
Department: Crowd Profit Sharing
1794HC Oosterend, Texel
Noord- Holland, Netherlands
+3185 004 1137
Users are encouraged to reach out with any questions or concerns, and the platform is committed to providing prompt and helpful assistance.