General Conditions of Use
Version February 2021
1. Identification data.
CROWDHOUSE WORLDWIDE PFP, SL, (hereinafter "icrowdhouse"), entity domiciled at Av. Diagonal, 359, 2º - España, Barcelona (08037), CIF B66884974, registered in the Mercantile Registry of Barcelona in Volume 46.194, Folio 201, Sheet B-512.623, Inscription 1, as well as in the Registry of Participatory Financing Platforms of the CNMV No. 22, owner of the website hosted under the domain name www.icrowdhouse.com (interchangeably, the "Website" or the " Web").
The User may contact icrowdhouse through email firstname.lastname@example.org or at the postal address indicated above.
2. Object and scope of application.
These General Conditions regulate the access, navigation and use of the Web, as well as the responsibilities derived from the use of its contents (hereinafter understood as "Contents" the texts, graphics, drawings, designs, codes, software, photographs, music , videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Regardless of them, icrowdhouse may establish specific conditions that regulate the use and / or contracting of specific services offered to Users through the Web (hereinafter, the "Services").
icrowdhouse reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time icrowdhouse may interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them, as well as the right to suspend, interrupt or stop operating the Website anytime.
It will be understood that the "access" or the "mere use" of the Web by the User implies the adhesion of the latter to the General Conditions that icrowdhouse has published at each moment in which he accesses the Web and that will be available through the Website. Consequently, the User must carefully read these General Conditions. If he does not agree with any of the conditions established herein, he must refrain from using this Website.
The Website is aimed mainly at Users residing in Spain. icrowdhouse does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled elsewhere and decides to access and / or navigate the Website, he will do so under his own responsibility, he must ensure that such access and navigation complies with the local legislation that is applicable to him, not assuming icrowdhouse any liability that may arise from said access.
Before using and / or contracting Services provided by icrowdhouse, the User must carefully read the corresponding Particular Conditions developed for this purpose by icrowdhouse. The use and / or contracting of said Services implies the acceptance of the Particular Conditions that regulate them in the version published by icrowdhouse at the time such use and / or contracting occurs.
Likewise, through the Web, icrowdhouse may enable third parties to advertise or allow access to its Services. In these cases, icrowdhouse will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these third-party services and, therefore, cannot be held responsible for them.
For the purposes of these terms and conditions (hereinafter, "General Conditions"), "User" will be understood as any person who accesses, browses, uses and / or participates in the services and activities, free or onerous, of the Site Web.
The User must know that by accessing and / or using the Portal they acquire the status of User, accepting, from that moment without exceptions, the content included in these General Conditions, as well as the Particular Conditions that, in relation to certain services and contents of the Website, complement, modify or replace the former.
The latest version of the General Conditions may be consulted whenever you wish at the electronic address https://www.icrowdhouse.com/ayuda/condiciones-generales-de-uso/. If the User decides not to accept the current Conditions, they must refrain from accessing the Website and / or using the contents and / or services available therein.
4. The Platform and the Services of icrowdhouse
icrowdhouse is a Participatory Financing Platform authorized by the National Securities Market Commission (CNMV) in accordance with Law 5/2015, of April 27, on the Promotion of Business Financing. It is registered under number 22 in the Register of Participatory Financing Platforms of the CNMV. icrowdhouse does not hold the status of an investment services company or a credit institution. Icrowdhouse's activity is supervised by the CNMV.
icrowdhouse has a technological platform (hereinafter, "icrowdhouse Technological Platform") that allows contacting, in a professional way, a plurality of natural or legal persons who offer financing in exchange for a monetary return, called "Investor and / o Investor User ”, with natural or legal persons who request financing in their own name to be used for a participatory financing project, called“ Originator and / or Promoter ”.
icrowdhouse has created a network of Collaborator Platforms where Originators make their projects available to Investor Users. These Collaborator Platforms are integrated into the icrowdhouse Technological Platform, having been developed by icrowdhouse. From now on, any reference made in these Terms and Conditions to the "Platform" will jointly encompass the "icrowdhouse Technological Platform" and the "Collaborator Platforms".
icrowdhouse allows participatory financing projects to be implemented through (i) the issuance or subscription of obligations, ordinary and privileged shares or other securities representing capital, when it does not require and does not lack the informative issue brochure to which they refer Article 33 of Royal Legislative Decree 4/2015, of October 23, which approves the revised text of the Securities Market Law (hereinafter, the "TRLMV"), in this case, "Promoter ”To the company that will issue the securities. When non-accredited investors participate in the financing as defined in Law 5/2015, of April 27, on the Promotion of Business Financing, the securities referred to in this section may not incorporate an implicit derivative; (ii) The issuance or subscription of shares in limited liability companies, in which case “Promoter” will be understood as the limited liability company that is going to issue the shares.
icrowdhouse provides Originators / Promoters and Investors through the Platform with the following Services:
- MAIN SERVICES: (i) Reception, selection and publication of participatory financing projects and (ii) Development, establishment and operation of communication channels to facilitate the contracting of financing between investors and promoters).
- AUXILIARY SERVICES: (i) Advice to promoters in relation to the publication of the project on the platform including the provision of services and advice in the areas of information technology, marketing, advertising and design, (ii) The analysis of the participatory financing projects received, the determination of the level of risk that each project implies for investors and the determination of any other variable that is useful for investors to make the investment decision. The publication, classification and grouping of such information in objective terms, without making personalized recommendations, will not constitute financial advice by icrowdhouse, (iii) The provision of remote communication channels for users, investors and promoters to contact each other directly before , during or after the actions that give rise to the financing of the project, (iv) The making available to the parties of the contract models necessary for participation in the projects, (v) The transmission to investors of the information that is provided by the promoter on the evolution of the project, as well as on the most relevant corporate events.
At the same time, icrowdhouse will provide other services, including chat services, discussion forums, newsgroups, which will also be subject to these General Conditions and, where appropriate, to the Particular Conditions that apply to them.
5. Use of the Website.
It will be the responsibility of the User:
I. The use of the Contents of icrowdhouse contrary to the provisions of these General Conditions, the Particular Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or of the same operation of the Website. By way of example, but not limited to, the User agrees not to use the Contents to:
1. engaging in illicit, illegal or contrary to good faith and public order activities;
2. Disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, of apology for terrorism or an attack against human rights;
3. cause damage to the physical and logical systems of icrowdhouse, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage;
4. try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
II. The veracity and legality of the information provided by the User in the forms issued by icrowdhouse for access to certain Contents and / or Services offered on the Website. In any case, the User will immediately notify icrowdhouse about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed with their immediate cancellation. By contracting the icrowdhouse Services, the User (who will be called "Investor" or "Originator") will receive passwords for which they will be responsible, committing to make diligent and confidential use of it.
III. To make proper use of the Contents and Services that it offers through its portal. icrowdhouse reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that In his opinion, they will not be suitable for publication. In no case, icrowdhouse. It will not be responsible for the opinions expressed by users through forums, chats or other participation tools.
6. Data protection and cookies
7. Intellectual and industrial protection.
All Intellectual and Industrial Property rights over the Contents included or linked to the Website or the activity of icrowdhouse are owned by icrowdhouse or third parties, without it being understood that the use or access to the Website and / or the Services attributed to the User any right over the aforementioned rights. Intellectual and Industrial Property rights are subject to the applicable legislation on intellectual and industrial property, and their reproduction or use is prohibited without the authorization of the owner.
All the Contents, including the Website itself, are the intellectual property of icrowdhouse or third parties, so that in no case can it be understood that by virtue of the provisions of these General Conditions, none of the exploitation rights have been assigned to the User. that exist or may exist on the Contents beyond what is strictly necessary for the correct use of the Website and the Services. As the owner of the Intellectual Property rights, icrowdhouse has the exclusive exercise of the rights derived from it and, consequently, it is the only one that can authorize any activity derived from the exploitation rights, and in particular, the rights of reproduction, communication. public, distribution, making available to the public or the right of transformation, in whatever format is used.
The User undertakes to respect the Intellectual and Industrial Property rights owned by icrowdhouse.
In the event that the User considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify icrowdhouse.
8. Exclusion of guarantees and responsibility.
icrowdhouse is not responsible, in any case, for damages of any kind that may cause, by way of example: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents.
icrowdhouse does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. icrowdhouse will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees in any case that access to this Website will not be uninterrupted or free from errors. Neither is it responsible or guarantees that the Content or software that can be accessed through this Website, is free from error or causes damage to the User's computer system (software and hardware). In no case will icrowdhouse be responsible for losses, damages or losses of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of virus.
icrowdhouse is not responsible for any damages that may be caused to Users by improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur, despite having adopted all the necessary technological measures to avoid it.
icrowdhouse does not guarantee the continuous and permanent availability of the Services on the Platform, thus being exonerated from any responsibility for possible damages caused as a result of force majeure or errors in the telematic data transfer networks, beyond its control, or due to disconnections made for improvement or maintenance work on the Platform's computer systems and equipment.
icrowdhouse is not responsible for possible errors or omissions in the information provided by a third party, nor for possible damages that may arise from the use of the information by the User. The information provided on the Platform or through other means of communication does not constitute advice or approvals of loan applications or of the Originators. The information provided is not intended to be considered by the Investor as a recommendation or basis for deciding on their investments.
icrowdhouse will not be liable for the services, actions or equipment of third parties used by the User to access the Platform. The User is responsible for the expenses that may be incurred to access the Platform.
The User agrees to use the Platform only for lawful purposes and to respect the rights of any third party. The User guarantees that he has taken the necessary and reasonable precautions to ensure that all the data that he enters on the Platform is free of viruses and does not produce a destructive effect on the Platform.
The Platform may contain links to other websites that icrowdhouse does not control. Icrowdhouse will not be responsible for any material supplied or content on another website.
All the exemptions, exclusions and indemnities established in these General Conditions will remain in force after the resolution of the relationship between the User and icrowdhouse, whatever the reason for the termination.
to. Links to third parties
The icrowdhouse Website may make technical link devices, directories and search engines available to Users that allow them to access web pages belonging to and / or managed by third parties. The sole purpose of installing these links, directories and search engines on the Website is to facilitate Users' search and access to the information, content and services available on the Internet, without it being considered a suggestion, recommendation or invitation. to visit them.
The establishment of the link does not necessarily imply the existence of relations between icrowdhouse and the owner of the web page on which it is established, nor does it imply the acceptance and approval by icrowdhouse of its Contents and / or Services.
Unless expressly stated otherwise, icrowdhouse does not offer or market by itself, or through third parties, the information, content and / or services available on the linked pages, nor does it previously control, approve or monitor them, nor does it make them its own. The User, therefore, must exercise extreme caution in assessing and using the information, content and services on the linked pages.
Because icrowdhouse has no control over the pages linked through the links that are incorporated into the Website, the User acknowledges and accepts that icrowdhouse does not assume any responsibility for the content or for the services that the User can access in said pages or by any product that is marketed in them. Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
icrowdhouse will in no case review or control the content of other websites, nor will it approve, examine or endorse the products and services, content, files and any other material on the aforementioned linked sites.
icrowdhouse does not assume any responsibility for damages that may occur due to the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by icrowdhouse and that are linked on this Website.
b. Third party links
The third party who wants to introduce links from their own web pages to the icrowdhouse Website must comply with the conditions detailed below:
1. The link will only link to the main page of the Website but will not be able to reproduce it in any way (inline links, copy of the texts, graphics, etc.).
2. It is forbidden to establish frames or frames of any kind that surround the icrowdhouse Website or allow the visualization of its contents through Internet addresses other than those of the Website itself and, in any case, this prohibition also includes that view the Website together with content, so that:
(i) causes error, confusion or deception in users about the true origin of the content;
(ii) involves an act of unfair comparison or imitation;
(iii) serves to take advantage of the reputation of the brand and the prestige of icrowdhouse; or
(iv) In any other way, it is prohibited by current legislation or violates the practices and customs of professional good practice that are generally accepted on the internet.
3. No false, inaccurate or incorrect statement will be made from the page that introduces the link about icrowdhouse, its partners, associates and employees or about the functions it performs.
4. It will not be declared or implied that icrowdhouse has authorized the link or that it has assumed or supervised in any way the services offered or made available to the web page on which the link is established.
The establishment of the link does not imply in any case the existence of relations between icrowdhouse and the owner of the web page on which it is established, nor the acceptance or approval by icrowdhouse of its Contents and / or Services.
The page that establishes the link must faithfully comply with the law and may not in any case have or link with its own or third-party content that is illegal, harmful or contrary to morals and good customs or that are inappropriate and conflict with icrowdhouse activity.
icrowdhouse reserves the right to modify, without prior notice, the structure and design of the Website, the Services and the Contents. Likewise, icrowdhouse, at any time, may modify these General Conditions, or, where appropriate, the Particular Conditions of a Service, of which we will inform you through the corresponding notice. For this reason, remember to consult, periodically, one and the other. The modifications, in any case, will not apply retroactively.
11. Notifications and complaints
User can refer to Customer Defense Regulation collected on the Platform (you can find the most up-to-date version by pressing here), to raise complaints and claims provided that such complaints and claims refer to their legally recognized interests and rights, whether they derive from contracts, current regulations regarding transparency and protection of customers or good practices and uses financial
12. Applicable law.
These conditions will be governed by current regulations and applicable in the Spanish territory.
Should any controversy arise in relation to the interpretation and / or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction by submitting to the judges and courts of Barcelona capital.
icrowdhouse reserves the right to present the actions it deems necessary for the improper use of the Website and its Contents, or for the breach of these Conditions.