Terms of use

Terms of use

We have built an online platform (the ‘Golden Egg Check platform’) for users to provide them with tools and resources. The following terms of use are applicable to the use of our platform.

Version 07.15

Definitions

Golden Egg Check is a trade name of Golden Egg Check B.V., whose registered office is at Rigtersbleek-Zandvoort 10 121, 7521 BE Enschede, The Netherlands. Chamber of Commerce: 63542560.

The ‘Golden Egg Check Platform’ refers to any and all services provided by Golden Egg Check by means of electronic communications, including, but not limited to, storage, email and collaboration services.

‘Golden Egg Check Services’ refers to all products and services provided to you by Golden Egg Check B.V. , including, but not limited to, the Golden Egg Check Platform, Golden Egg Check provided websites, tools and technical support.

Description of Services

Golden Egg Check provides resources and tools for different target groups, including, but not limited to, entrepreneurs, investors and institutions seeking to invest in companies, and consultancy and incubator firms.

We have built an online platform (the ‘Golden Egg Check platform’) for entrepreneurs, investors, consultants and incubators to provide them with tools and resources in their process of becoming investor ready and create value. They can build, assess (check), and share their business proposition.

Golden Egg Check also provides investors online access to business propositions of entrepreneurs willing to share. We offer also the possibility to manage a portfolio of business propositions.

In order to use Golden Egg Check Services, you must have one of the supported Internet browsers. We however advice Google Chrome or Mozilla Firefox for optimal performance. Additionally, you are required to register your user information with Golden Egg Check. Golden Egg Check does not provide internet access, and you are responsible for all fees associated with your internet connection.

License to Use

Subject to the terms of this Agreement, Golden Egg Check grants to you a non-exclusive, revocable, non-transferable license to use Golden Egg Check Services, including the Golden Egg Check Platform. Some of Golden Egg Check’s services are provided free of charge, while others are provided at a monthly or fixed fee. Please contact Golden Egg Check for more information about our pricing.

Payment

If applicable, you shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made annually or monthly in advance unless otherwise mutually agreed upon in writing. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You are responsible for paying for all user licenses ordered for the entire year, whether or not such user licenses are actively used. You must provide Golden Egg Check B.V. with valid credit card or approved purchase order information as a condition to signing up for the Service.

Account Eligibility

In order to use the Golden Egg Check Platform, you must register for an account. Accounts are only available to individuals 16 years of age or older.

Limitations on Use

In order to best serve our users, and to comply with applicable laws, Golden Egg Check B.V. has a limited number of guidelines, which govern how you may behave while interacting with the Golden Egg Check Platform. Please review the rules below carefully, since your violation of them may result in the termination of your access to Golden Egg Check Services.

Data Accuracy We ask that any registration data you provide to Golden Egg Check is true, current and complete. In the event that any of this information changes, please update it on your personal profile page. For details on how you can access your stored data, please refer to our privacy policy.

Passwords

Shortly after you complete your registration, Golden Egg Check will provide you with a username and activation link. You have to create your own password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account. No member of Golden Egg Check’s staff will ever ask you for your password, so please do not provide it if asked since this may result in a security breach. Please notify Golden Egg Check immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please contact our technical support staff at support[at]goldeneggcheck.com.

Compliance with Applicable Laws.

You agree to use Golden Egg Check Services only as provided for in this Agreement. You also agree not to use Golden Egg Check Services in any way that is in conflict with the law in your jurisdiction. Further, you may not use the Golden Egg Check Platform for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a user’s privacy, or in violation of any other individual’s intellectual property rights.

Email

Please use the “Community” and email features of the Golden Egg Check Platform responsibly. You may not use any Golden Egg Check Service to send unsolicited commercial email (‘spam’) or unsolicited mass distribution of files. In order to enforce this provision, Golden Egg Check may establish additional policies regarding the use of email features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message.

If you receive any email through Golden Egg Check Services that you believe is not in compliance with the above provision, please notify us by forwarding the email, along with an explanatory note, to support[at]goldeneggcheck.com.

Privacy

A user may elect to make certain business related or personal and private information viewable through the Golden Egg Check Platform. You may not disclose information obtained in this manner to any third parties without first obtaining permission from that user. You agree not to collect or aggregate user information accessible through the Golden Egg Check website or Golden Egg Check Platform for commercial use or redistribution, including the targeted marketing of non- Golden Egg Check services to individual users. Golden Egg Check reserves the right to immediately terminate, without notice, the account of any user found to have violated this rule.

Registered User Information Privacy

Golden Egg Check is committed to protecting the privacy of its users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data. The Privacy Policy is available at http://goldeneggcheck.com/privacy.php and is incorporated herein by reference. Please review the Privacy Policy before accepting this Agreement.

By registering with or using Golden Egg Check Services, you consent to the collection and use of your personal information and the transfer of this information to the Netherlands or other countries for processing and storage by Golden Egg Check. Golden Egg Check uses your personal data primarily to maintain your account and to provide you with the tools and services that serve as the core of the Golden Egg Check platform. We also use your personal data to respond to requests that you make of us, and to contact you and to provide you with information that we believe may be of interest to you.

Limitations on Service

While it is our goal at Golden Egg Check to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, Golden Egg Check Services are provided strictly on an ‘as is’ basis. By accepting this Agreement, you agree that neither Golden Egg Check nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of user settings. For a brief overview of our policies regarding the safeguarding of your data, please view our Privacy Policy athttp://goldeneggcheck.com/privacy.php.

Golden Egg Check reserves the right to change or discontinue, either temporarily or permanently, any part or all of its services at any time and without prior notice. You agree that neither Golden Egg Check nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.

Intellectual Property Ownership

The Golden Egg Check website, emails, and the Golden Egg Check Platform all contain content that is the intellectual property of Golden Egg Check B.V. This content is protected by domestic and international copyright and trademark law and may not be used except as expressly provided for in this Agreement. The publication, distribution, display and retransmission of any portion of the Golden Egg Check web site or its displays, in any medium, is expressly prohibited unless written permission is first obtained from Golden Egg Check or the appropriate rights holder. All rights not expressly granted by this Agreement are reserved to Golden Egg Check.

General Disclaimers

NONE OF GOLDEN EGG CHECK, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE GOLDEN EGG CHECK PARTIES) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE GOLDEN EGG CHECK WEB SITE OR THE GOLDEN EGG CHECK PLATFORM, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE GOLDEN EGG CHECK PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE GOLDEN EGG CHECK WEB SITE OR PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE A SOLELY AT YOUR OWN RISK.

GOLDEN EGG CHECK PROVIDES THIS AS A RESOURCE FOR USERS INVOLVED WITH (INVESTING IN) TECHNOLOGY AND EMERGING GROWTH COMPANIES BUT GOLDEN EGG CHECK DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANY OF ANYONE USING THE SITE. GOLDEN EGG CHECK DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. GOLDEN EGG CHECK DOES NOT MAKE INVESTMENTS. EACH USER OF THE SITE MAKE HIS OR HER OWN INVESTMENT DECISIONS BASED UPON THEIR PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. GOLDEN EGG CHECK IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE SITE. AS A CONDITION TO YOUR USE OF THE SITE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE GOLDEN EGG CHECK PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE THROUGH THE SITE.

GOLDEN EGG CHECK DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY.

IN NO EVENT SHALL ANY GOLDEN EGG CHECK PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY’S USE OR INABILITY TO USE THE SITE, OR THE SUBMISSION OF ANY MATERIALS VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A GOLDEN EGG CHECK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some countries or geographical regions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH COUNTRIES OR REGIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

At Golden Egg Check’s request, you agree to defend, indemnify and hold harmless Golden Egg Check B.V., its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the Service or breach of this Agreement by you.

Termination

Golden Egg Check reserves the right to suspend or terminate this Agreement immediately and without notice if you breach this Agreement.

Severability

If any provision of this Agreement is found unenforceable by any court of competent jurisdiction, it will not affect the validity of the other provisions of this Agreement, which shall remain in effect.

Arbitration

All disputes arising out of or relating to this Agreement shall be finally settled by arbitration conducted in Almelo, The Netherlands under the rules of commercial arbitration of the Dutch Law. Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

Modifications to the Terms of Service

Golden Egg Check may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of Golden Egg Check Services. Golden Egg Check will provide at least 30-days’ notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Golden Egg Check Services.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GOLDEN EGG CHECK, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND GOLDEN EGG CHECK RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.  Should you have any questions concerning this Agreement, please Golden Egg Check at support[at]goldeneggcheck.com.