Crowdpark SA (hereinafter the "Operator"), a public limited company incorporated under the laws of Switzerland, runs the property crowdfunding platform "www. crowdpark.ch" (hereinafter the "Platform"). The Operator publishes investment opportunities on the Platform.
The term "User" means hereinafter any person who accesses or uses the Platform.
The term "Investor" means hereinafter any person who decides to invest in property published on the Platform.
These General Terms and Conditions ("T&Cs") govern the rights and obligations of Users and Investors relating to use of the Platform and any participation by them in the investments published on the Platform.
By accessing the Platform or one of its subdomains, the User confirms that he has read and understood the T&Cs and declares that he unconditionally approves them, notwithstanding any registration on the Platform.
The Operator reserves the right to amend the T&Cs without notice at any time. By continuing to use the Platform or its services, the User expressly accepts the new T&Cs.
User access to some specific features on the Platform require compulsory registration and creation of an account. The Operator may freely refuse a User's registration or delete a User's account at any time, without any requirement to justify the reasons. Users have no right to access secure content on the Platform.
Access to the Platform and any registration on the Platform are only open to individuals who have come of age (majority is achieved at age 18), who fully enjoy the right to exercise civil rights, and legal entities. If the registration is carried out on behalf of a legal entity, the User warrants that he has the power to represent said legal entity.
The investment opportunities published on the Platform are only intended for Users and Investors whose legal systems do not prohibit or restrict distribution, publication or use thereof. Users and Investors who are subject to such restrictions, whether based on their nationality, address or due to any other reason, are prohibited from accessing the Platform, using the services offered by the Platform or carrying out investments via the Platform.
Registration is strictly personal and non-transferable. Registration is limited to a single account for each User. Use and consultation of a User account are strictly personal. A registered User is not authorised to give a third party access to his account.
The User is solely liable for his account activity and is responsible for keeping his password for the Platform confidential. The User undertakes to immediately inform the Operator regarding any access or unjustified attempted access to his account or if his account security is compromised in any other manner.
The User undertakes to provide correct information on registering and to promptly notify any change to this information to the Operator. The Operator may request additional information from the User at any time, who shall be required to provide such information. The User shall be liable for all incorrect, incomplete or false information.
Access to the Platform and any registration on the Platform are free of charge for the User. Special terms and conditions stipulate the remuneration payable to the Operator and other contractual partners in the event of investment via the Platform.
The Operator reserves the right to amend or suspend the services offered by the Platform on a permanent or temporary basis, in particular for maintenance, at any time. The Platform may be amended or shut down, without notice and without any requirement to justify the reasons, at any time. User access to the Platform may be restricted, blocked or withdrawn, without notice and without any requirement to justify the reasons, at any time. The Operator may assign its rights and obligations relating to the Platform to third parties at any time.
The Operator may freely refuse an Investor's participation in a project published on the Platform or withdraw a project published on the Platform, without any requirement to justify the reasons. In this case, if Investors have already committed to invest in the project, their commitment shall automatically become invalid without the Operator being held liable and any amounts already paid by the Investors shall be immediately refunded thereto.
The Operator, its bodies, agents, representatives and affiliated companies shall not assume any liability, without prejudice to the cases of fraud or serious negligence. In addition, the Operator shall not assume liability for actions and omissions attributable to its agents.
The Operator shall on no account be held liable for damage or losses, such as financial damage, losses of profits, losses linked to investment performance, and pecuniary and non-pecuniary damage resulting from use of the Platform and its services, whether online or offline. Within the limits of the law, the Operator shall not assume liability for any errors, shortcomings, omissions or mistakes contained on the Platform or in any other information provided in writing or orally.
Each User shall be responsible for personally examining the information provided to him. Therefore, the Operator advises each User to seek professional advice, from for instance a property expert, an investment advisor or a legal or tax consultant, to carry out an individual analysis of his needs and obtain personalised advice. Each User shall be responsible for understanding and assessing the risks relating to the published investments. The Operator and the Platform do not provide any investment, wealth management, legal or tax advisory services relating to a published investment or the User's personal situation.
In particular, each User shall be responsible for getting information on and checking the tax consequences and obligations linked to his investments or planned investments. Therefore, the Operator advises each User to contact a tax consultant to assess the tax consequences of his investments and clarify his tax obligations prior to any investment or future sale of an investment made.
The Operator and the Platform are not financial intermediaries in accordance with applicable regulations. They do not manage transactions and monetary flows relating to the published investments. The User may not under any circumstances pay, send or transfer funds to the Operator, one of its affiliated companies or one of their respective accounts.
Collection and custody or deposit of payments made by Investors shall be assigned to independent third parties. The Operator shall not under any circumstances accept funds to invest, public deposits or any other capital. It does not provide payment traffic or financing services.
The Platform, the Operator and the published investments are governed by federal law on collective capital investments.
The Operator is not subject to supervision by the Swiss Financial Market Supervisory Authority (FINMA).
The Operator shall cooperate with all competent authorities, including the tax authorities, which make requests relating to any legal instruments concerning the User or use of the Platform. The User irrevocably accepts any transfer of his data to any Swiss or foreign authority which makes a request in this respect.
The User shall exclusively bear the risks of using the Platform.
This includes risks linked to the published investments. The User accepts to bear the consequences thereof.
The Platform provides indications on future financial or sales developments and results as well as other forecasts. These indications contain subjective assessments and are based on estimations and assumptions which appear to be reasonable to the Operator at the time of publication. However, it is possible that the actual results deviate from the forecasts due to variable risks and other uncontrollable risks linked to property investments. Property investments are potentially subject to considerable fluctuations in value. Moreover, they may present unexpected and unforeseeable risks. Partially or completely losing the invested amounts cannot be ruled out.
The investments published on the Platform are suitable for individuals who are familiar with the specific risks of property investments. The User understands and accepts that the investments published on the Platform involve such risks, are not very liquid investments and imply long-term commitments. In addition, the User understands and accepts that some published investments may be subject to minimum holding periods. The Operator advises each User to become familiar with property investments before investing in one of the published investments based on the information provided on the Platform. Additional information on risk is available on the following page: www.crowdpark.ch/en/risk-factors.
The User shall be solely responsible for the content of the information which he provides to the Operator about him. In addition, he confirms that the information which he provides is correct.
The User undertakes to indemnify the Operator, its bodies, agents, representatives and affiliated companies for all damage, losses, claims, penalties, fines, costs and expenses, including court costs and legal fees, relating to (1) the User's use of the Platform, (2) the User's non-compliance with the T&Cs or any other applicable regulations (in Switzerland or abroad), (3) any allegation by a third party of the User's infringement of intellectual property rights, personality rights or privacy or (4) any unlawful or immoral conduct by the User on or in relation to the Platform.
The Operator holds all intellectual property rights over the Platform content, including inter alia all copyright. Any reproduction or use of such content is prohibited, unless authorised by the Operator in advance and in writing. Moreover, "Crowdpark" is a protected trademark owned by the Operator.
The Operator processes Users' data in accordance with applicable regulations. Additional information on data protection is available under the heading www.crowdpark.ch/en/privacy-policy. The provisions on data protection form an integral part of the T&Cs.
We welcome all observations, enquiries or requests relating to the T&Cs and personal data processing. Please send them to the following e-mail address [email protected] or postal address Crowdpark SA, Chemin des Buclines 20, 1224 Chêne-Bougeries, Switzerland. The Operator has a representative in the European Union: Alex Hantson, who can be contacted at the following e-mail address [email protected] or postal address 72 Route des Crêts, 74160 Collonges Sous Salève, France. The User may request information on his personal data and personal data processing by the Operator at any time and request the amendment or deletion thereof within the limits of the governing law. The Operator shall immediately carry out the requested amendments as far as possible (and in particular in view of the existing contractual relations.
Investors have the opportunity to refer members of their circle of friends by sending them a referral e-mail. An Investor shall qualify as an ambassador when the referred member of his circle of friends creates an account using his referral e-mail and invests in one of the investments published on the Platform. The ambassador shall subsequently be awarded a credit amounting to CHF 1,000 for his next investment on the Platform.
Each Investor may refer several members of his circle of friends. Credits may not be accumulated on a single investment published on the Platform. A single credit of CHF 1,000 may be used by ambassador for each investment published on the Platform.
In the event where one of the provisions of the T&Cs, or part of one of these provisions is held invalid, illegal or unenforceable under the governing law, the remaining provisions of the T&Cs shall continue to be valid and compulsory for the User and the Operator.
In the case of doubt or discrepancy, the French version of the T&Cs shall be authoritative.
The T&Cs and the other legal relations between the User and the Operator are exclusively governed by the laws of Switzerland. The courts of Geneva shall have exclusive jurisdiction.