General Terms and Conditions of Business
These are the general terms and conditions (hereinafter referred to as “GTC“) that apply for using the websites c-crowd.com and crowdfunding.ch as well as all sub-domains belonging to these domains (hereinafter collectively referred to as “website“). Please read these GTC carefully, as they govern the rights and obligations of the users of this website and the crowdfunding platform of c-crowd AG (hereinafter referred to as “c-crowd“), as well as containing important information about the use of this website and about the business model of c-crowd. By using this website, you declare your acceptance of the following statements, information and conditions. If you do not accept the following statements, information and conditions, please leave this website immediately and refrain from using it in any way.
c-crowd reserves the right to change these GTC at any time without notice or to limit or terminate the use thereof. By continuing to use the website, you also declare that you accept any amended conditions.Content, use of the website
The information and other content contained on this website merely serves to explain and describe the activities of c-crowd and to enable use of the website as a source of information and a platform for entrepreneurs and companies with an operational purpose (hereafter collectively referred to as “companies/entrepreneurs”) which present their startup or business and announce their capital requirement, and as a source of information and a platform for investors who would like to fund and support such startups or businesses.Referrals and links
This website contains links and referrals to third-party websites. c-crowd has no influence or control over the content or information contained on these websites, nor over the services and products that they offer. A link or referral does not mean that c-crowd has approved the corresponding content. c-crowd therefore assumes no liability for any kind of loss or damage relating to the accuracy, completeness and lawfulness of such websites, nor for the products or services offered on such websites, nor for any type of loss or damage arising from the use of such websites.Viruses
c-crowd provides no warranty or guarantee whatsoever that this website, the material and files contained therein, or the pages and files that the website links to, will not contain any viruses, infections, worms, trojan horses or other harmful, malicious or disguised codes, programs or macros, nor does it assume any liability in relation thereto. The user is responsible for taking appropriate protective measures such as installing a virus scanner.
The respective companies/entrepreneurs are solely responsible and accountable for the information, documents, files and other content relating to a startup (including issue prospectus pursuant to Art. 652a of the Swiss Code of Obligations for crowdfunding startups) as well as for controlling its/their content and format and for updating, processing and deleting it/them. The companies/entrepreneurs must ensure that the information, documents, files and other content is/are not incorrect, misleading, unlawful or immoral. c-crowd assumes no liability for the accuracy or completeness of the information, documents, files and other content that companies/entrepreneurs receive or transfer on or to the website/platform.
c-crowd provides no warranty or guarantee whatsoever that such information, documents, files and other content (including the issue prospectus pursuant to Art. 652a of the Swiss Code of Obligations) will be correct, reliable, up-to-date or complete and/or that it will not be misleading, unlawful or immoral, nor does c-crowd assume any liability in relation thereto. The user of the website acknowledges that such information, documents, files and other content may be amended at any time without notice. c-crowd is not obliged to remove or adapt any information, documents, files or other content that has/have become inapplicable or outdated as a result of time lapses or changes to factual circumstances.
The samples that c-crowd provides to the companies/entrepreneurs (e.g., share issue prospectus, subscription form and/or shareholders’ agreement) are only of a general nature, and the use, processing and publishing of these on the website occurs at the companies/project initiators’ own risk. The companies/entrepreneurs are solely responsible for the content of these samples and c-crowd rejects all corresponding liability.
The companies/entrepreneurs are obliged to answer truthfully, correctly and fully all questions contained in the c-crowd questionnaire, as well as any other questions relating to the registration, and to submit the requested documents.
The companies/entrepreneurs expressly acknowledge that c-crowd is not subject to any confidentiality obligations or other obligations with regard to the information, documents, files and other content that is/are provided to c-crowd and/or entered on the website, and that such information, documents, files and other content is/are freely accessible to all registered users of the website. c-crowd assumes no liability for any unlawful use of such information, documents, files and other content by users of the website.
The users of the website expressly acknowledge that all rights to the information, documents, files and other content that is/are entered or published on the website by the companies/entrepreneurs will remain in the exclusive ownership of the respective companies/entrepreneurs and that no rights to these whatsoever are granted to the users of the website. The users of the website are expressly prohibited from using, in any way whatsoever (either directly or indirectly), the information, documents, files and other content relating to the crowdfunding startups and marketplace startups a) for a purpose other than checking an investment, a financial support contribution or a donation via the website or b) for their own purposes.
Before deciding whether to invest, each funder investor is obliged to perform their own careful assessment of the company/entpreneur/project on the basis of the information, documents, files and other content that the companies/entpreneurs provide on the website, and, furthermore, to consult their own advisor about the legal, commercial, financial and tax-related consequences of an investment. Each investment, is made at the investor’s own risk. c-crowd cannot be held liable by an investor in any way whatsoever for any losses that may be incurred (whether financial or of another nature).
c-crowd, as the operator of the website, in no instance provides any recommendation, offer or demand to acquire or sell investments or other investment vehicles, nor other transaction, nor to conclude any legal transactions. The companies/entrepreneurs, as well as the investors, are solely responsible for their respective transactions and may not rely on c-crowd, as the operator of the website, in any way whatsoever when making their decisions.
This website merely serves as a platform, and the investment companies/entrepreneurs are based on a direct contractual/investment relationship between the investors and the companies/entrepreneurs; c-crowd is neither a contractual partner, nor does it have any other obligations towards the investors or companies/entrepreneurs.
Consulting services from c-crowd
If companies/entrepreneurs make use of consulting services from c-crowd, they must conclude a written consulting agreement, which separately and conclusively governs the rights and obligations of the parties with regard to the consulting services.
FINMA (Swiss Financial Market Supervisory Authority) has assessed (ruling) the business model of c-crowd at the latter’s request and has concluded that it does not require authorisation under the Collective Investments Act, the Act on Stock Exchanges and Securities Trading or the Banking Act and that it is not subject to the Money Laundering Act.
The contents of this website are intended for use by and/or distribution to individuals or corporate entities in legal systems or countries in which such distribution, publication or use is not prohibited or restricted by legal or regulatory provisions, or in which c-crowd possesses a corresponding registration or permit. Individuals or corporate entities who/that are subject to such limitations, whether due to their nationality, domicile or any other reason, are prohibited from accessing or using this website. With regard to crowdfunding startups, this website should currently be used by investors that have their head office, or who are domiciled, in Switzerland.
The platform/c-crowd does not invest in the projects that are registered on the website, neither on behalf of third parties nor on its own account. The investors make their funds available to the companies/entrepreneurs directly, and c-crowd does not accept any investment/investor funds itself at any point in time. The platform/c-crowd in no way trades shares in the registered projects (either on its own account or on behalf of third parties), nor does the platform/c-crowd act as an issuing house.
The investment offer is made directly and exclusively by the companies/entrepreneurs on the platform. In the case of crowdfunding startups, the companies/entrepreneurs are therefore obliged by c-crowd to create an issue prospectus pursuant to Art. 652a of the Swiss Code of Obligations and to publish it in their profile on the website. c-crowd will not check the content, accuracy or completeness of the issue prospectus and it rejects all corresponding liability. The companies/entrepreneurs are solely responsible for the issue prospectus. c-crowd is neither the creator nor the distributor of an issue prospectus.
The companies/entrepreneurs are expressly made aware that an issue prospectus (or the absence thereof), as well as the other documents and information such as the business plan, etc., are subject to a prospectus liability pursuant to Art 752 of the Swiss Code of Obligations and that the absence or deficiency of the issue prospectus may result in the companies/entrepreneurs being required to obtain authorisation under the Banking Act. In addition, the companies/entrepreneurs are hereby made aware of the founder members’ liability (Art. 753 of the Swiss Code of Obligations) and the liability for administration and management (Art 754 of the Swiss Code of Obligations).
Risks associated with a private equity or venture capital investment
In the case of private equity and venture capital investments, there are high commercial, financial and legal risks. c-crowd expressly makes the investor aware that, among other things, these investments may be subject to large and sudden fluctuations in value and that a total loss is possible at any time. The investor is hereby also made aware that such investments are not traded on a regulated or recognised market. It can therefore be difficult or impossible for investors to sell these investments (absence of fungibility) or to obtain reliable information about the value of the investments or about the risks that the investments are exposed to. c-crowd assumes no liability whatsoever for the success of an investment.
c-crowd assumes no liability whatsoever for criminal activities by the companies/entrepreneurs or their executive bodies. In particular, c-crowd assumes no liability whatsoever in the event that companies/entrepreneurs fail to fulfil their assured reciprocal obligations.
Where legally permissible, c-crowd assumes no liability for direct or indirect pecuniary or non-pecuniary loss or consequential loss (including lost profit, incurred losses and costs of any kind) resulting from accessing this website, using this website in any way, registering as a investor or as a company/entrepreneur, registering or activating a crowdfunding or marketplace startup, making an investment in a company, a financial support contribution to a project, or resulting from links on this website to other websites, or from any type of use of the information, documents, files and other content that is/are made available on this website in relation to a crowdfunding or marketplace startup. In particular, c-crowd also assumes no liability for losses arising from the information, documents and files that are published on this website in relation to a crowdfunding or marketplace startup being incorrect, incomplete, misleading, not up-to-date or not accessible and/or not being made available without errors or interruptions.
Data protection and data security
This website is administered by c-crowd. By providing personal and/or commercial information to c-crowd, the users provide their consent for this information to be processed and used for internal and external purposes and for the information to be forwarded in any way to companies affiliated with c-crowd that are located in countries outside of Switzerland and/or the EU where the statutory level of protection may be different. Nevertheless, all personal and commercial information that is in the possession of a company affiliated with c-crowd is subject to the same protection against non-authorised use. c-crowd will take appropriate technical and organisational measures to protect the data against unauthorised processing. However, c-crowd expressly makes the user aware again that all information, documents, files and other content relating to a crowdfunding or marketplace startups, which is/are made available to c-crowd and/or entered or published on the website, will be freely accessible by all users of the website.
When using the website or sending an email, data is transmitted via a public, non-secure network that can be accessed by third parties. c-crowd assumes no liability or responsibility for the security of the users’ data during transmission via the Internet.
The information, documents, files and other content on this website is/are owned by c-crowd or the respective companies/entrepreneurs, and is/are protected by copyright and other rights. It is permitted to download and/or print certain files and information or sections of this website for the exclusive purpose of checking an investment, a financial support contribution or a donation, provided that the full source is specified and no copyrights, brand rights or other rights notices contained in the material are changed or deleted. By downloading or printing this website, no copyrights, brand rights, rights to software or any other rights are granted or established. Without the prior written consent of c-crowd, this website and the information contained therein may not (either partially or fully) be reproduced, copied, linked, transmitted, modified and/or used for any public or commercial purposes or incorporated in such. c-crowd is a word mark that has been entered in the Swiss brand registry and is owned by c-crowd AG.
Business plans/competing companies
c-crowd receives a large number of business plans and other proposals that are similar or which have contents that may overlap. c-crowd reserves the right to reject or return requests or business plans without stating reasons. However, in the case of a rejection, c-crowd is not obliged to return business plans or other suggestions that have been sent to it. c-crowd does not subject itself to any confidentiality obligations with regard to information, documents, files or other content that is/are provided to it in relation to this website or its other activities, nor does it subject itself to any other obligations that may limit its use of information, documents, files or other content that has/have been provided to it. In particular, c-crowd cannot be restricted from receiving competing business plans or suggestions and, correspondingly, from publishing competing crowdfunding or marketplace startups on the website.
Applicable law and place of jurisdiction
Use of this website, as well as these GTC, are subject to Swiss substantive law (under exclusion of the conflict of laws principles and international conventions). The exclusive place of jurisdiction for all disputes arising from or in connection with the use of this website or with these GTC is the head office of c-crowd AG.
c-crowd is a word mark owned by c-crowd AG (international classifications 35-36, 38, 42), which has been entered in the Swiss brand registry (No. 605743) and is therefore protected under trademark law.
c-crowd AG , Luegislandstrasse 105, 8051 Zurich, Switzerland