Article 1: Definitions
In this statement, the following terms are used:
1. Application: an invitation to make an offer (issuing a quotation for his advice and/or mediation services) by an Advisor.
2. Advisor: (un)bound mediator who belongs to the network selected by Topicus for the execution of the Service.
3. Visitor: the visitor of the Website.
4. Content: all material Topicus.Finance places on the Website and makes accessible via the Service.
7. Data: all material and/or information which is made available or introduced by the Entrepreneur when using the Service, including Personal Data and financial data.
8. Entrepreneur: the legal or natural person acting in the practise of a profession or business who makes use of the Service.
9. Personal Data: any information concerning an identified or identifiable natural person.
10. Topicus: the private company Topicus.Finance B.V. located at Singel 25 in (7411 HW) Deventer, registered at the Chamber of Commerce East Netherlands with number 63423715.
11. Website: the website of Fyndoo (fyndoo.com), including all sub domains.
Article 2: Applicability of general conditions
Article 3: Description of the Service
1. The Service offers the Entrepreneur free functionalities in order to obtain an indication of his possibilities to obtain commercial financing, to store this information and to come into contact with an Advisor, by filling in a number of financial data.
2. By setting up an Application and selecting an Advisor, an Entrepreneur can request help, ask questions and be advised on his (future) financial situation. Topicus does not give advice, but only an indication with regard to financing possibilities and also provides the Entrepreneur with a Service with which the Entrepreneur can select an affiliated Advisor in an efficient manner. Topicus is not liable for the advice that is provided and/or the quality of the mediation.
3. Topicus will make reasonable efforts to provide the Service. However, Topicus does not guarantee that the Service (including the Content) or parts thereof:
will always meet the expectations of the Entrepreneur;
is safely and without interruptions or failures accessible at all times;
is error-free and/or complete.
4. All Content made available via the Service is subject to errors.
Article 4: Use of the Service
1. The use of the Service and the Content is entirely at the expense and risk of the Entrepreneur.
2. The Entrepreneur guarantees that the Data entered is correct. The Entrepreneur is not permitted to provide details of another or a non-existent person. The Entrepreneur must provide a valid e-mail address.
5.are not based on falsehoods and/or are misleading;
6.contain no viruses, Trojans, worms, bots or other software that can damage, render unusable or inaccessible, delete or appropriate an automated work or data or that are intended for technical protection measures of the Service, Website and/or to circumvent the computer systems of Topicus;
7.do not impose an improper, unreasonable or disproportionate attachment on the infrastructure of the Service and/or the Website in such a way that the operation of the Service and/or the Website is completely or partially obstructed;
8.not hinder the functionality (s) of the Service;
9.do not consist of accepting a false identity or incorrectly suggesting that the Entrepreneur is involved with Topicus;
10.do not conflict with any applicable laws and regulations;
12.do not infringe on rights of Topicus or third parties, including intellectual property rights or rights relating to the protection of privacy;
13.do not consist of sending messages that in the opinion of Topicus are contrary to good morals, discriminating or offensive, calls for violence, promote illegal activities and/or pornographic, erotic material, threats and/or can be regarded as an illegal activity, chain letter or spam and/or are indiscreet or incorrect in any other way;
14.are otherwise unlawful in any way;
15.damage the interests and/or good name of Topicus.
16.The Entrepreneur indemnifies Topicus against claims from third parties that may arise as a result of the activities of the Entrepreneur performed with the help of the Service.
17.If the Entrepreneur has the opinion that Content or other information disseminated with the Service is incorrect or unlawful, he can report this via firstname.lastname@example.org.
Article 5: Availability, change and interruption Website and/or Service
1. Topicus does not guarantee that the Service and/or (Content on the) Website:
1. is accessible safely and without interruptions or failures at all times;
2. is error-free and/or complete.
2. Topicus is entitled, without prior publication and without being liable to pay damages:
1. to temporarily or otherwise put the Website and/or Service out of use;
2. to limit the use, if this is necessary in its opinion, for example in the context of reasonable required maintenance of the Website and/or Service.
Article 6: Intellectual property rights
1. All Intellectual property rights with regard to the Website, the Service and the Content offered by Topicus, including Intellectual property rights to the texts, calculations, images, design, photos, software, audio visual material and other materials are vested in Topicus and/or her licensors.
2. The Entrepreneur is not permitted to publish or reproduce (parts of) the Content without the permission of Topicus, except for personal use. Entrepreneur shall indemnify Topicus against any claims by a third party for infringement by the Entrepreneur of his intellectual property rights.
Article 7: Privacy and cookies
1. During the provision of the Service, the Data of the Entrepreneur will be stored in the secure environment and databases of Topicus. This Data will be stored and processed in accordance with the provisions in this article and the applicable laws and regulations.
2. During the use of the Service, the Entrepreneur is requested to enter Data. This Data is used by Topicus to issue the indication referred to in Article 3, paragraph 1. If the Entrepreneur wishes to make an Application, the Entrepreneur will also be asked to provide his first name, surname, company name, telephone number and e-mail address. All Information referred to in this paragraph will then be provided by Topicus to Fyndoo-affiliated Advisors in order to be able to make an offer (issuing a quotation for its advice and/or mediation services).
3. The Personal Data referred to in paragraph 2 will be removed from the Topicus server as soon as the Entrepreneur ends his visit to the Website. Data are only retained in a form that no longer enables identification of the Entrepreneur.
4. We collect the name, e-mail address and the questions or remarks of the Visitors who send a message to our helpdesk (email@example.com) with the goal to process the message.
5. With help of Google Analytics-cookies on the Website, Topicus collects information of the computer of the Visitor, it’s operating system, browser, statistics regarding pages viewed at the Website, traffic to and from the Website, geographical location, the referring URL and the IP-address in order to measure the interest in its Service and to promote the user-friendliness of the Service and/or the Website. Topicus has entered into a processor agreement with Google and Google Analytics in accordance with the advice of the Dutch Data Protection Authority. Topicus has opted to mask the last octet of the IP address, the option ‘data sharing’ is turned off and Topicus does not use other Google services in combination with the Google Analytics cookies.
6. Topicus implements appropriate technical and organizational measures to protect the Data against loss or against any form of unlawful processing. These measures ensure, taking into account the state of the art and the costs of implementation, an appropriate level of security in view of the risks involved in the processing and the nature of the data.
Article 8: Liability
1. Topicus excludes liability, insofar as this is legally permitted, for all damage sustained by an Entrepreneur by:
2. the use of the Service;
3. The not, not completely or not securely availability of the Service, the Website or parts thereof;
4. Incorrect or incomplete Content;
5. Purchase of services from third parties, including the Advisors affiliated with the Service;
6. Changes to the Service or changes to the Website.
7. Insofar as, despite the provisions in Article 8.1, any liability still remains on Topicus, this liability towards the Entrepreneur, for whatever reason, is limited to 500.00 Euro per event and per year at all times.
8. Topicus is never liable for consequential damage, including pure financial loss, lost turnover and profit, loss of Data and other information and immaterial damage, related to or arising from the Service and/or the use of the Website.
9. Topicus accepts no liability or responsibility with regard to websites, products and/or services of third parties. Third parties also include the (legal) persons that are connected to the Service and/or on the Website in any way whatsoever.
12. in the event of claims by the Entrepreneur on compensation for damages resulting from death or bodily injury;
13. in case of intent or deliberate recklessness of the Topicus management.
14. The condition for the emergence and/or existence of any right to compensation is always that the damage is reported to Topicus in writing and within 1 (one) year of its occurrence..
Article 9: Miscellaneous, applicable law and competent court
2. All disputes that may arise between the Entrepreneur and Topicus will be submitted to the competent court in the district of Overijssel, Netherlands, notwithstanding the right of Topicus to appoint another judge in the situation in question. This choice of forum cannot result in the Entrepreneur losing the protection he enjoys under the applicable mandatory legal provisions.