Every Web user visiting the Website www.mymicroinvest.com is invited to read carefully these General Terms & Conditions before browsing and using the Website.
Everyone browsing the pages of the Website, or signing in as a Member of MMI, is irrefutably presumed to have read and to have agreed unconditionally to these General Terms & Conditions.
an account opened in the name of and for the account of a Member of MMI.
any private individual or legal entity, which is a Member of MMI, selected by MMI with a view to a Crowdfunding operation and which has concluded an agreement with MMI for this purpose.
the general public investing indirectly, using the Crowdfunding structure put in place by MMI, in the Companies selected by MMI.
a financing operation initiated by MMI through the issuance of Notes, intended to raise funds from the Crowd for the purpose of an investment, in the form of a participation in capital or in the form of a loan, by MI in the Company.
- General Terms & Conditions
these general terms & conditions of MMI, such as in force at any moment and as they figure at the bottom of each page of the Website.
- Issue Document
a document prepared jointly by MMI and a Company containing information relating to MMI and the Company and setting out the modalities of the Crowdfunding operation concerned, in the form of a memorandum or, in the case of a public offer, in the form of a prospectus or a reference document and offering circular, or in any other possible form.
any private individual or legal entity, which has completed the formalities online using the Website to create an Account with MMI and having received an email from MMI with confirmation of the opening of his Account with MMI.
MyMicroInvest S.A., a limited company incorporated in Belgium, recorded in the Register of Legal Entities (RPM Nivelles) under number VAT BE 837.496.614, having its company headquarters at B-1000 Brussels, Place Sainte Gudule 5 and its subsidiary MyMicroInvest Finance S.A., a limited company incorporated in Belgium, recorded in the Register of Legal Entities (RPM Nivelles) under number VAT BE 538.839.354, having its company headquarters at B-1000 Brussels, Place Sainte Gudule 5.
the securities issued by MMI in case of the successful closing of a Crowdfunding operation, which made it possible to take in the minimum gross amount from the Crowd as determined in the Issue Document.
the platform accessible to Members online on the Website, allowing each Member to participate in a Crowdfunding operation and to see information regarding his Account.
any financial subscription by a Member to a Crowdfunding operation according to the terms and conditions of the Crowdfunding operation concerned.
- Web user
any private individual or legal entity browsing on the Website and using the modalities and functionalities of the Website, including Members.
II. Subject of these General Terms & Conditions
These General Terms & Conditions govern:
(i) all browsing on and use of the Website by Web users, with the Website providing Web users mainly with general information about the services offered by MMI and the companies registered with MMI for selection, financing and/or financed by MMI;
(ii) all browsing on and use of the Website and of the Platform by its Members, as well as generally all the services of Crowdfunding and other services or functionalities offered by MMI to its Members; certain pages and functionalities of the Website being exclusively reserved to the Members.
III. Enrolment of Members
In order to become a Member and to open an Account, the Web user must fill out an enrolment form on the Website online, provide the documents requested to MMI and agree explicitly online to these General Terms & Conditions.
Enrolment of a private individual as Member is exclusively reserved by MMI to persons who are of legal age (having reached the age of 18 or more) and possessing the legal power to act and enter into contracts. Enrolment of a legal entity as a Member requires that they provide the valid incorporation or contractual documents and that the formalities of enrolment are performed by persons validly authorised to represent the legal entity concerned.
Enrolment as a Member allows one in particular to participate via the Platform in Crowdfunding operations, to have an exchange with the Companies, to view information about one’s Account, and to have access to other functionalities of the Website reserved for Members.
The Members undertake to keep their user names and passwords reserved for them strictly confidential (hereinafter, the ‘confidential codes’) and not to transmit them, divulge them or leave them accessible to third parties. It is forbidden for any Member to access the pages reserved for another Member by using codes of which he became aware by whatever means, with or without the latter’s Member knowledge, except in cases of specific power of attorney granted by that other Member under his full and complete responsibility.
The Members state that they are perfectly aware of the fact that MMI is not able to verify the identity of the person using, as the case may be, the confidential codes of a Member to access the latter’s Account and to perform Transactions. MMI has the right to presume that every Transaction on the Account, or any other operation carried out on the Website by means of confidential codes of a Member have been performed by that Member or with his authorisation. Except for fraud or gross negligence by MMI, the Member alone shall bear all the harmful consequences, whether financial or otherwise, or any possible failure to make a profit which results from the fraudulent or unauthorised use of his codes by a third party, whether a Member or not.
IV. Remote contract and right of withdrawal
Enrolment as a Member and adhering to the General Terms & Conditions
If the contractual relationship with the Member is concluded remotely, particularly online on the Website, the Member has the right to retract his enrolment as a Member from MMI and to retract his acceptance of these General Terms & Conditions, by sending an email to MMI as follows: email@example.com or by sending a letter by post to MMI at its company headquarters (as shown above in the definition of MMI). The Member has a time limit of 14 calendar days to withdraw starting from the day when the contractual relationship was concluded remotely or counting from the day when the Member received the contractual conditions and information required if this date came after the conclusion of the relationship. This right is exercised without penalties and without setting out the reasons.
During the aforementioned 14 calendar days period for withdrawal, the execution of the contract can begin only upon the agreement of the Member. MMI has the right to presume that a Member indicates his agreement on executing the contractual relationship during the period of withdrawal if he introduces, online on the Website or by any other valid means, during the time period of withdrawal, any request to MMI in the context of the relationship or a request to subscribe to a Crowdfunding operation.
If a Member exercises his right of withdrawal, he cannot be required to pay, as quickly as possible, anything more than the service actually provided by MMI in accordance with the provisions of the contract, without any penalty. If a Member does not exercise his right of withdrawal within the time limit, he remains a Member of MMI and is subject to these General Terms & Conditions, except in case of termination in accordance with article XII.
Subscriptions to a Crowdfunding operation
As an exception to the preceding paragraphs, due to the characteristics inherent to Notes, the attention of the Members is drawn to the fact that they do not have a right to withdraw from subscriptions to the Notes in the context of Crowdfunding operations or Transactions.
V. Communications and language
The communications of MMI with Members can be validly operated by display on the Website in the Dedicated Account Space of the Member, by email to the Member’s email address provided during enrolment or notified later to MMI using the functionalities put at his disposal by MMI, and, as the case may be, by ordinary mail or registered mail to the address communicated by the Member at the time of his enrolment or notified later to MMI using the functionalities put at his disposal by MMI (in particular for a Member to modify the data in his Profile in the Dedicated Account Space on the Website).
The Members can validly communicate with MMI by means of the functionalities placed at their disposal on the Website, by email to the email addresses communicated by MMI or in response to an email coming from MMI, or by registered mail to the company headquarters of MMI (whenever these General Terms & Conditions or other contractual provisions so require).
The language of communications with MMI is the language in which the Member filled out his request to be enrolled online on the Website. The Member can modify the language of communication at any time by modifying his ’Language Preference’ in his Dedicated Account Space. These General Terms & Conditions are also available in French and in Dutch.
VI. Premium phase
The subscription period will begin with a premium phase where the campaign is not accessible to the public but only to investors designated at the discretion of MyMicroInvest and the entrepreneur. The conditions of the offer in the premium phase are identical to those offered to the public.
Web users agree that all records made by MMI of the data relating to contracts, Member profiles, Accounts, Transactions and other operations on the Website and, in particular, access to the Website and to the Accounts, and the communications between parties, on a durable electronic medium or in MMI’s information systems have the same probative force as an original signed document in paper unless proven otherwise.
All subscriptions online on the Website to a Transaction or to any other operation, or any adherence with any contractual provision using the functionalities of the Website are valid between the parties and the proof of this subscription or adherence can be brought by MMI by all electronic means. By using the specific functionalities of the Website, the Web user is also presumed to have accepted the specific provisions that apply such as are available on the Website. Web users undertake not to use the services or functionalities for which they do not accept the specific conditions.
By exception to article 1341 of the Civil Code, independently of the deed and of the sum concerned, MMI and the Web users agree that the parties can bring proof of anything by any means legally admitted in commercial dealings, in particular by means of copies or other reproductions, whether electronic or not, of documents which, unless proven otherwise, shall have the same probative force as the original.
VIII. Transactions and Subscriptions of the Notes
Any Member can complete on the Platform any Transaction in a Crowdfunding operation launched by MMI on its Website according to the modalities of this Crowdfunding operation as stipulated in the Issue Document. Management costs are withheld from investments by the Members, as stipulated in the Issue Document of the Crowdfunding operation concerned. Before subscribing to any Transaction, the Members are required to take cognisance of and to read carefully the Issue Document concerned and the information contained therein in particular concerning the Notes, the underlying, the conditions, remunerations, costs and applicable taxes, the related risks, etc.
In case a Crowdfunding operation closes successfully, after the fulfilment of all conditions mentioned in the Issue Document, MMI shall make the respective inscriptions in the Accounts for execution of the Transactions, and in particular, shall proceed with inscription of the respective number of Notes in the Member Account, in accordance with the Conditions of the Notes such as are included in the Issue Document or notified later on to the Members. MMI also undertakes to process transcriptions of possible later transfers of Notes in the various Accounts concerned upon the request of the assignor, owner of the Notes, and of the Member-transferee.
In case an Execution Event occurs (‘Evènement de Réalisation/Gebeurtenis van Verwezenlijking’) as defined in the conditions of the Notes contained in the Issue Document or notified later to the Members, and after reimbursement to the Members of the entire sum owed by MMI in relation to the Notes, the inscriptions of the Notes shall be deleted in the Accounts concerned and removed from the registers of the Notes concerned.
The Transactions realised by the Members or any other operation by a Member, are executed by the latter knowingly and at their sole risk, the Members acknowledging in this regard having been informed by means of the Issue Document of the risks relating to any participation in a Crowdfunding operation in general, and to the Notes and their underlying for each specific operation in particular. In this regard and except for contrary provisions in the Issue Document, the Members acknowledge being perfectly aware of the fact that the Notes do not offer any guaranty, that Members can lose the entire amount invested, and of the fact that the past performance of Notes or of their underlying do not provide any guaranty as to future returns.
Investments made using the Platform are not, to the knowledge of MMI, covered by any guaranty fund or other mechanisms of indemnification.
In case of divergence between the information on the Website or any other information coming from MMI concerning an operation (whatever its form: newsletter, email, other) and the Issue Document, the information in the Issue Document shall prevail, except in cases of express derogation to the Issue Document or updates to it.
IX. Other obligations and prohibitions applying to Members
Each Member is authorised to open just one Account. MMI reserves the right to exclude at any time a Member who has made multiple enrolments on the Website and to cancel all the Transactions made on one or several of his Accounts. In such cases, the Member shall automatically owe to MMI any amount received onto his Account(s) and shall solely support any damages, whether direct or indirect, resulting from these multiple inscriptions, cancellations and/or from his exclusion as a Member.
Web users undertake to provide MMI at any time with correct, complete and non-misleading information, as well as, upon any request, to give reasonable additional information requested by MMI. They undertake additionally to update the information provided to MMI and to inform MMI in writing about any modification in the information as soon as possible using all functionalities put at their disposal by MMI.
Web users undertake to use the Website, the information available on the Website and generally all information received from MMI by any other means (newsletter, email, etc), and under whatever form, in an appropriate manner and in good faith in accordance with the purpose and objective of this information.
Web users undertake not to disturb access to the Website and to the Platform, not to modify the Website or its contents, not to transmit viruses or other logic bombs and, generally, not to commit other deeds fraudulently, in bad faith or which might be qualified as IT crimes.
The Members undertake to realise their Transactions in good faith, with respect for the Issue Document and its objective, and not to execute Transactions for fraudulent or illegal purposes, or in a manner willingly prejudicial to MMI. Members undertake to use for their Transactions only funds coming from a legal activity and which do not contravene the applicable provisions with respect to preventing the use of the financial system for money laundering or financing terrorism.
Members acknowledge being aware and agreeing that the rights which they enjoy in dealing with MMI with respect to the Notes that they hold on Account are exclusively limited to the specific account on the books of MMI relating to the Notes concerned, and are proportional to the number of Notes concerned that they hold on their Account, without having a right of recourse against any other account relating to other Notes open in the books of MMI.
In case a Member finds that fraudulent or unauthorised use has been made of his Account or of his confidential codes by third parties, the Member undertakes to inform MMI without delay orally, followed by an immediate confirmation in writing. In such cases, MMI shall block the Account and the codes without any delay and shall reactivate the Account only after sending new confidential codes to the Member concerned.
Web users are solely responsible for the requests, messages, etc. that they post on the Website using the functionalities of the Website, and of their contents. MMI cannot be held responsible for the consequences of fraudulent, illicit, harmful or non-authorised use, of such requests and messages by the Companies, other Web users or third parties.
Members are prohibited from entering into contact, in whatever manner or by whatever means, with the Companies on the Website other than by placing requests and messages which they can send using the functionalities of the Website.
MMI reserves the right to exclude any Member who does not respect the aforementioned obligations. In case of such exclusion, the positions on the Account shall be closed in accordance with the modalities shown in article XII designated “Termination by MMI.” MMI shall also have the right to obtain indemnification from the Member for any damages caused to MMI by the Member’s failure to meet his aforementioned obligations or by any other fraud or harmful behaviour coming from the Member.
X. Obligations of MMI
MMI undertakes to select Companies and to prepare the Crowdfunding operations, as well as the Issue Document and other information disseminated by MMI relating to these Crowdfunding operations, in an honest manner and in good faith. MMI shall try in a general manner to be sure that the information contained on the Website is correct at the time it is posted online. Except for gross negligence or fraud, MMI cannot be held responsible for errors, omissions or information that is incomplete, imprecise or obsolete that appears on the Website or in information available via the Website. The attention of Members is expressly directed to the fact that for the information relating to Companies on the Website, for other information and communications coming from MMI as well as in the Issue Document, MMI uses the information received from the Company without performing due diligence or in-depth verification of this information, of the financial plan or of the Company. Thus Members themselves should perform their own analysis on the solvency, the business, the financial situation and the prospects of the Companies. It is up to them, if necessary, to gather advice from a professional financial adviser before entering into each Transaction in order to verify in particular whether the intended Transactions are in conformity with their expectations and objectives and with their personal financial situation.
MMI undertakes to issue the Notes and to execute the operations and to make payments and reimbursements relating to these Notes, in accordance with the terms and conditions of the Notes as contained in the Issue Document concerned.
MMI is not required to provide permanent information to the Members concerning the Companies and in this regard it undertakes only to allow the Companies, via the Website, to keep Members holding Notes relating to these Companies informed about the changes in these Companies and recent important activities concerning these Companies.
Generally, MMI’s obligations in the context of its relationship with its Members are, except when there is express indication to the contrary, obligations of means (‘obligations de moyens/middellenverbintenis’) and not of results (‘obligations de résultat/resultaatsverbintenissen’).
Any claim or complaint (i) by a Web user relating to browsing on the Website or to information of any nature appearing or available on the Website, or (ii) by a Member relating to fraudulent or non-authorised use of his Account, relating to a Transaction or the non-completion of a Transaction, relating to any other operation linked to Notes, relating to a communication coming from MMI or from a Company, in any form or on any support whatsoever, or relating to any other functionality of the Website or to any service provided by MMI, must be addressed promptly to MMI by email to the email address firstname.lastname@example.org, and must be received by MMI no later than 5 days following the facts or the presumed awareness of the facts by the Web user or by the Member. Except where a mandatory legal provision states otherwise, any claim or complaint received outside the time limit shown above shall be considered late and inadmissible, and cannot give rise to any indemnity.
XII. Limitation of MMI’s liability
Any browsing or use of the Website is done by Web users exclusively at their risk. Though standard precautions are taken to ensure security and complete Wi-Fi access, in the network and on the internet, MMI cannot guaranty that the use of this type of connection is totally secure. Consequently, Web users irrevocably agree that the use of these technical procedures is made at their sole initiative and at their sole risk. Generally, except in cases of gross negligence or fraud, MMI cannot be held responsible for direct or indirect damages, and in particular, for material prejudice, loss of data or of programmes, financial prejudice or generally for any damages whatsoever resulting from access or use of the Website and of the Platform and of the functionalities linked to them, or of any other websites which are linked to it by hyperlinks.
Even if MMI shall try at all times to make its Website available to Web users in a continuous and uninterrupted way, MMI cannot ensure that (i) the Website can satisfy all requests of the Web users, (ii) that it will never be interrupted, that it will always be accessible and that it will not contain errors or omissions, and (iii) that the quality of the products, services, information or anything else acquired or obtained via the Website or from MMI meets all the expectations of Web users.
MMI reserves more especially the right to interrupt access to the Website and/or to certain of its functionalities at any time and without advance warning, for reasons of a technical nature, for maintenance or for any other reason, and particularly in order to prevent fraud, abusive use of the Website, etc.
MMI cannot in any manner be held liable for these interruptions and for the harmful consequences which might result for Web users, nor more particularly for the harmful consequences for a Member which would be unable to participate in a Crowdfunding operation as a result thereof (such as, for example, damage resulting from the loss of profit or loss of opportunity for gain, or loss of time, etc.).
MMI does not provide, via the Website or otherwise, any investment service, any investment advice, any personalised recommendations or any service of portfolio management, nor does it offer any activity of intermediation within the meaning of the applicable financial regulations.
MMI is not required to verify the information provided by Members in the context of their enrolment, nor later in the course of the relationship and cannot in any case, except for gross negligence or fraud, be held responsible for damages caused to Members from the fact of MMI using information received from Members which was incomplete, erroneous or obsolete.
MMI shall indemnify a Member for any damages he incurs only if and to the extent that this damage results directly from MMI’s gross negligence in performance of its services mentioned in these General Terms & Conditions. In such a case, the amount of the damages for which MMI could be held responsible is limited to the amount of management costs withheld in the transaction completed by the Member in the Crowdfunding operation concerned.
XIII. Restriction of access to the Website – Cancellation of the relationship and of the Account - Death
Restriction of access to the Website
MMI reserves the right to prohibit access to all or part of the Website to any Web user who violates the provisions of these General Terms & Conditions, who uses the Website and the contents of the Website for illicit, fraudulent, unauthorised ends, or in a harmful manner or not in compliance with their objectives, or who could damage the name and reputation of MMI, and this without prejudice to any other recourse or any request for indemnification.
Termination by a Member
The contractual relationship is for an indeterminate period of time. A Member can, at any time and without expense, decide to put an end to his contractual relationship with MMI by registered mail with 1 month advance notice.
While the Member is the owner of Notes with MMI, his Account shall remain open with MMI for the sole purpose of maintaining the inscription of the Notes he holds. However, once the aforementioned termination is effective, the Member will no longer have online access to the Platform and his Dedicated Account Space; he will no longer be able to make Transactions or use other services or functionalities provided by MMI, and he will receive from MMI, at his express request in writing, an overview of his Account by email. Once a Member has transferred all of these Notes to one or several other Members in accordance with the conditions that govern the Notes concerned, or if all the Notes are reimbursed in accordance with the conditions which govern the Notes concerned, and the Account no longer contains Notes, then the Account will be definitively closed. The Member will receive a notification by email of this definitive closing. The provisions of these General Terms & Conditions and the other contractual provisions which may be applicable shall remain applicable to the Account, and to the communications between parties up to the date of definitive closing of the Account.
Termination by MMI
MMI can decide unilaterally on the exclusion of a Member for reasons set out in these General Terms & Conditions, in case of the incapacity or ban of a Member who is a private individual, or in the case of liquidation, bankruptcy or court-ordered reorganisation (‘réorganisation judiciaire/gerechterlijke reorganisatie’) of a Member which is a legal entity in the full extent authorised by the law, for other legitimate reasons, or in order to satisfy a legal obligation or injunction. In such a case, MMI notifies the Member about the termination of the relationship unilaterally and with immediate effect without an advance warning or any indemnity.
Relationships with all Members and all the Accounts shall be terminated and closed by MMI, automatically and without indemnity, if MMI is no longer able to continue its activities for whatever legitimate, legal or administrative reason.
MMI can finally decide at any time, without having to give justification and without expense, to put an end to its relationship with one or several Member(s) by means of an advance warning of 1 month.
The aforementioned terminations shall be notified by MMI by mail or by email to the Member(s). Except when the contrary is stipulated in the letter of termination, while the Member is the owner of Notes with MMI, his Account will remain open with MMI for the sole purpose of maintaining the inscription of the Notes he holds. Nonetheless, once the termination is effective, the Member will no longer have online access to the Platform and to his Dedicated Account Space, nor will he be able to make Transactions or use other services or functionalities provided by MMI, and he shall receive from MMI, upon his written express request, an overview of his Account by email. Once the Member has transferred all of his Notes to one or several other Members in accordance with the conditions which govern the Notes concerned, or once all the Notes have been reimbursed in accordance with the conditions which govern the Notes concerned, and the Account no longer contains Notes, the Account will be definitively closed. The Member will receive a notification by email of this definitive closing. The provisions of these General Terms & Conditions and the other possible contractual provisions will remain applicable to the Account and to the communications between the parties up until the date of definitive closing of the Account.
In the event of the death of a Member, the heirs and/or successors must inform MMI thereof without delay. Once MMI is informed about the death of a Member, MMI shall transform the Account of the deceased Member into a joint and several Account in the name of all the heirs and/or successors. While awaiting receipt of all valid documents to this effect (certificate of heredity prepared by the Receiver of the Office of Succession Rights competent for submission of the declaration of succession of the deceased, or a certificate or deed of heredity prepared by a notary), MMI has the right to temporarily block the Account. MMI shall not be held responsible to verify the validity of the documents received. The reimbursements linked to the Notes held on the joint and several Account shall then be paid out in favour of the heirs and/or successors onto the account/accounts they indicate following their instructions.
All communications relating to the joint and several Account shall be sent to the email addresses per instructions of the heirs and/or successors.
Web users undertake to use the information concerning MMI and the Companies as made available by MMI by whatever means, in particular by its Website, newsletters, emails, etc. only for the purpose of realising Transactions and monitoring the Notes that they hold in their Account, and not to use this information, nor divulge it to third parties, for other personal, commercial or professional ends except with the express agreement of MMI and/or the Company concerned.
Web users acknowledge and agree that their personal data may be recorded and processed by MMI (such as defined in article 1), which is the processing manager. This processing can, if necessary, be subcontracted to any third party in the name and on behalf of MMI. The data kept and processed by MMI are, without this list being exhaustive, (i) as regards the Web users, their IP address, theirs sessions on the Website, their choice of language, the pages of the Website viewed and other data which may be freely entered by the Web user on the Website using the functionalities of the Website, (ii) as regards Members most particularly, their identity, their coordinates, all other information communicated during their enrolment, data relating to the Account and to the Transactions performed on the Account, the other data relating to use of the Website, etc.
The processing is done for the following objectives: (i) to allow users to access and easily use all the functionalities of the Website which are accessible to them and, as well as for Members, particularly the Dedicated Account Space reserved to them (recording of the user name of the Members for purposes of connexion and user-friendliness), (ii) for purposes of managing the contractual relationship and particularly managing the Accounts, Transactions and other services offered to the Members, (iii) for the purpose of studying the market and assembling statistics, (iv) for purposes of advertising or direct marketing for Crowdfunding operations or other financing operations offered by MMI, or for products or services offered by the Companies in which the Members have indirectly invested by subscribing to Notes, and more generally to allow MMI and the Companies to communicate with the Members and to keep them informed of all other operations initiated by MMI or by the Companies which could interest them.
Web users hereby agree that their personal data (including their email address) may be used for the aforementioned purposes and, especially, for purposes of commercial communications by ordinary post, email and/or telephone calls coming from MMI.
The Members also agree that MMI can transmit certain of their personal data (namely their surname, first name, address, email, sex, language for communications, and the sum of their investment) to the Companies in which they have invested indirectly by subscribing to the Notes.
Except if the communication of personal data to a third party company is required in order to realise the objectives of processing set out above (and for which the data can be used by these third parties only for purposes of reaching these objectives), MMI is not authorised to divulge, sell, rent or exchange the personal data of the Web users to any company or entity other than a company or an entity affiliated or linked to MMI, without the explicit advance agreement of the Web users concerned. As an exception to the foregoing, MMI has the right to divulge personal data of the Web users upon receiving a specific request from the competent public or controlling authorities or if ordered to do so by a court injunction, or in order to defend its own interests in the context of court proceedings.
In accordance with the law relating to the protection of privacy with respect to the processing of personal data, Web users have the right to access personal data concerning them which have been recorded by MMI and, if necessary, to request corrections of any incorrect or incomplete data.
In addition, Web users can at any time, by simple request and without cost, contest the processing of their personal data for purposes of direct marketing or the dissemination of commercial communications or of advertising by post, by email or by telephone.
All the aforementioned rights (access to and possible correction of data, and opposition to the use of data for the purposes mentioned in the preceding paragraph) can be exercised at any moment without expense by contacting MyMicroInvest SA at its company headquarters (MyMicroInvest SA, Place Sainte Gudule 5, 1000 Brussels, Belgium, +32 10 68 05 17, email email@example.com).
XVI. Intellectual Property
The Website constitutes a work over which MMI has exclusive ownership. The photographs, texts, icons, images, graphics, animated sequences whether with sound track or not, and generally speaking all functionalities of the Website, as well as any work incorporated into the Website or the Platform, are the property of MMI or of third parties who have authorised MMI to use it.
Reproductions, on a paper or electronic medium, of parts or extracts of the Website and of the information available via the Website or via the Platform are authorised subject to the condition that they are strictly reserved for personal use in accordance with the objectives for which they have been made available to Web users and/or Members, excluding any other use for advertising and/or commercial and/or professional purposes.
Certain names, signs and logos appearing on the Website are registered trademarks or trade names belonging to MMI or third parties.
Without prejudice to the foregoing, any reproduction, representation, use or modification by whatever procedure and on whatever medium of all or part of the Website, of all or part of the various works, brands and elements which compose it, without receiving the advance authorisation of MMI is strictly forbidden. Generally speaking, Web users are not granted any right or any license to use any brand or property whatsoever, and they are prohibited from modifying, renting, lending, selling, distributing or creating works derived from the contents of the Website, in whole or in part.
The creation of a hyperlink to the Website is forbidden except with the prior written authorisation of MMI.
Via hyperlinks, the Website allows access to websites of or operated by third parties. MMI cannot in any case be held responsible for access to these websites of third parties by a Web user and cannot incur any liability with respect to the visit and the use of these websites with respect to the contents, products and services available on these websites or from these websites. MMI can also not be considered as publishing or approving these websites or their contents. The rules applicable to the Website cease to apply once the Web user accessed such a third party website using hyperlinks available on the Website.
The fact that MMI does not prevail or does not demand performance of some right or of some provision of these General Terms & Conditions cannot be interpreted as meaning renunciation of this right or this provision.
If one of the provisions of these General Terms & Conditions is found to be nullified by the law or declared null by court decision, the parties agree that this invalidation does not lead to nullification of the other provisions of these General Terms & Conditions, and the parties agree to replace the disputed provision with a legal provision that conforms to the intent of the disputed clause to the extent permitted by law.
XIX. Modification of the Website and of the General Terms & Conditions
MMI reserves the right, without notifying or informing Web users, to modify and update access to the Website at any time, as well as all or part of the contents of the Website and of the Platform, and in particular to delete, to update or to insert at any time information and/or functionalities on the Website, the Platform and/or the Dedicated Account Space reserved for each Member. These modifications and updating of the Website apply to Web users with immediate effect.
MMI also reserves the right to amend the General Terms & Conditions at any time. These modifications apply to Web users with immediate effect from the coming into force of these new conditions as stated in the General Terms & Conditions and the posting online on the Website of these new General Terms & Conditions. They can access the version of the General Terms & Conditions in force at any time at the bottom of each page of the Website.
In case of amendment of the General Terms & Conditions, the Members will also be informed about this by email or by any other means of communication or functionality available via the Website, the Platform and/or the Dedicated Account Space reserved for every Member, and the new General Terms & Conditions will come into force on the date of coming into force stated in the new General Terms & Conditions. The new General Terms & Conditions shall replace the old conditions from the date of their coming into force.
Apart from mandatory legal provisions, or dispositions of law or contract stipulating a shorter time period, the time for taking any legal action against MMI expires in two years from the date of the Transaction, the operation or the fact giving rise to the legal action.
XXI. Applicable law and jurisdiction
These General Terms & Conditions, the Website and the Platform and other products and services offered by MMI are exclusively subject to Belgian law. Belgian law also governs all possible pre-contractual relationships between the parties.
No alternative claims procedure nor alternative dispute resolution is stipulated.
In case of a claim or dispute with respect to these General Terms & Conditions, the Website or the Platform, or with respect to other products and services offered by MMI, the Belgian courts of the judicial district of Brussels, French section, shall solely be competent, without prejudice to the right of MMI to initiate an action before any other competent (as the case may be) foreign jurisdiction.
In force as from 13 January 2015, except for the existing Members on 13 January 2015 for whom these General Terms & Conditions will enter into force as from 1 February 2015 and replace as of such date the previous general terms & conditions.
Members hereby acknowledge that any Crowdfunding Campaign offered on our Platform is not an offer to the public in the United States. US citizens are thus precluded from investing in campaigns offered byMMI. Our website administrators reserve themselves the right to periodically remove all Accounts registered by US citizens or install a system that precludes and/or dissuades US citizens toregister as Members on our Platform. Should an US citizen bypass these blocks or otherwise manage to invest in a Crowdfunding campaign offered on our Platform then their investment in Noteswill be simply reimbursed.
Members from all other countries are welcome to invest in Crowdfunding campaigns offered by MMI after having examined on their own accord whether investing in, and receiving returns from MMI is in accordance with the laws applicable to them. By consequence, Members are solely responsible for any repercussion of a fiscal or any other legal nature that might emanate from an investment in a Crowdfunding campaign offered by MMI on the Platform