FOREWORD
BY ACCEPTING THESE, THE USER OF THE FRIENDS OF THE FOUNDATION PLATFORM SERVICE EXPRESSLY ACKNOWLEDGES THEIR UNDERSTANDING OF THESE, WHICH IMPLY THE EXPLICIT ACKNOWLEDGEMENT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE MIPISE SERVICE*, AS WELL AS THOSE OF THE PAYMENT INTERMEDIARY SERVICE OF LEMONWAY ACCESSIBLE AT THE ADDRESS: https://www.lemonway.fr/c-g-u. THE USER MUST CAREFULLY READ AND UNDERSTAND THESE GENERAL CONDITIONS OF USE FOR MONACO CROWDFUNDING PLATFORM WITH THE ACCEPTANCE OF THESE THE USER AGREES TO COMPLY WITH THE TERMS AND CONDITIONS.
THE USER CAN AT ANY TIME VIEW THESE, COPY THEM, SAVE THEM ON A COMPUTER, ON ANY OTHER MEDIA, SEND THEM BY EMAIL OR PRINT THEM ON PAPER FOR THE PURPOSE OF KEEPING A COPY. A PHYSICAL COPY CAN BE OBTAINED ON SENDING A REQUEST TOGETHER WITH A STAMPED ADDRESSED ENVELOPE TO THE MONACO CROWDFUNDING PLATFORM. A COPY CAN ALSO BE REQUESTED BY EMAIL.
*MIPISE is its technical partner and provides the infrastructure required for the deployment of its service – The conditions of use of MIPISE can be found at: http://www.mipise.com.
EFFECTIVE BENEFICIARY: Person effectively benefiting from the funds. FUNDRAISING: Amount of funds sought during the CROWDFUNDING operation. The characteristics of the FUNDRAISING are its duration and its target. These are freely set by the Monaco Crowdfunding platform.
CONTRIBUTOR: Any natural person or entity contributing to the financing of a PROJECT by making a CONTRIBUTION. CONTRIBUTION: The CONTRIBUTION is the amount of money paid by the CONTRIBUTOR towards the financing of a PROJECT.
CROWDFUNDING: CROWDFUNDING is used to finance a project, a product, an event, an activity or a cause.
CROWDFUNDING PLATFORM: Platform that presents and manages a number of CROWDFUNDING projects at the same time. CONTRIBUTOR’S PAYMENT ACCOUNT: The account of the CONTRIBUTOR managed by the PAYMENT INTERMEDIARY, associated with an IBAN or a credit/debit card number. This allows the CONTRIBUTOR to contribute to the PROJECT. PROJECT: A PROJECT is any project, event, activity, product, service and/or cause that the CLIENT of the Monaco Crowdfunding platform wishes to finance by means of a CROWDFUNDING operation and where the funds raised are transferred absolutely and unconditionally to the PROJECT MANAGER and this independently of the achievement of the fundraising target. The funds raised are irrevocably transferred throughout the period of the FUNDRAISING to the Monaco Crowdfunding platform.The elements that identify a PROJECT are:
Its SUBJECT The amount of the FUNDING TARGET The means of CONTRIBUTION: the DONATION.
- REGISTERING ON THE PLATFORM
THE USER OF THE PLATFORM (CONTRIBUTOR) must supply at least: A nickname An email address
If a PAYMENT ACCOUNT is to be opened, additional information is required depending on the contribution payment thresholds chosen (cf. MIPISE T&C). A USER SPACE is then made available to the USER OF THE SERVICE of the Friends of the Foundation platform for the submission of documentary evidence of identity as may be required.
- OPENING A PAYMENT ACCOUNT
- RULES GOVERNING THE USE OF THE PAYMENT ACCOUNT SERVICE
- PAYMENT OF A CONTRIBUTION.
5.2. Secure payment by credit/debit card is made through the services of the PAYMENT INTERMEDIARY.
5.3. The amount of the CONTRIBUTION is held in the CONTRIBUTOR PAYMENT ACCOUNT managed by the PAYMENT INTERMEDIARY in accordance with the General Conditions of Use of the LEMONWAY service and the use of electronic money until transferred to the PAYMENT ACCOUNT of the PROJECT MANAGER.
5.4. The agreement of the CONTRIBUTOR to the payment of the CONTRIBUTION is deemed given as of the transmission of the payment instruction.
5.5. The CONTRIBUTOR will never be charged for any costs associated with the Monaco Crowdfunding platform.
5.6. The Monaco Crowdfunding platform is used for the technical realization of the CROWDFUNDING solution. LEMONWAY will manage the contents of the payment accounts. LEMONWAY will ensure the security of all payments made by credit/debit card.
- REMUNERATION TO MONACO CROWDFUNDING PLATFORM
The Monaco Crowdfunding will receive commission on the contributions paid through the platform. The PROJECT MANAGER will be charged for any costs associated with the Monaco Crowdfunding platform.
The Monaco Crowdfunding is remunerated through the contributions paid through the platform it supplies at the rate of :
Association :
Front fees : 500€ TTC
Success Fees : 4 % TTC of the amount (charge on payment account)
Company :
Front fees : 1000€ HT
Success fees : 6 % HT of the collected amount (charge on payment account)
Communication fees et closing fees are for the account of the project manager.
- OPPOSITION OR DISPUTE
- END OF THE PROJECT
8.2. NON-REIMBURSABLE PROJECTS: The funds raised are supplied to the Monaco Crowdfunding platform unconditionally, at the end of 15 calendars days after the completion of the payment.
8.3. The funds are transferred by debiting the CONTRIBUTOR PAYMENT ACCOUNT, by crediting the PROJECT MANAGER PAYMENT ACCOUNT.
- VIEWING ACCOUNTS
- EQUITY
If you do not think that you are an Accredited Investor and sophisticated enough to protect your own interests, then you should not access the Investment portion of the Site. You are strongly advised to consult appropriate counsel before investing. You acknowledge that meeting the Accredited Investor standard does not mean that investing in private placement securities is suitable for your individual financial position and risk profile.
By applying for access to the Accredited portion of the Site, you agree that you are an informed Investor, that all information you input or agree to is accurate and complete, and to be bound by this entire Agreement.
We will require all Users of MONACO CROWDFUNDING who identify themselves as an informed Investor to execute an Accredited Investor Questionnaire and related documents. Users agree to cooperate with any requests for additional information. In these documents, an Accredited Investor warrants it is an Accredited Investor and has the necessary knowledge and sophistication to evaluate companies, opportunities, and content. We do not verify its representations nor are we obligated to or responsible for such verification. Accredited Investors understand, acknowledge and agree that other parties are relying on the statements made herein and that any willfully false statement is sufficient cause for removal from the Site, rejection of Accredited Investor status, along with other legal causes of action.
You agree that:
You have such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of a Transaction and are consummating a Transaction with a full understanding of all of the terms, conditions and risks, and willingly assume those terms, conditions and risks. You acknowledge, understand and agree that MONACO CROWDFUNDING is not representing or warranting any of the information on the Site. You are responsible for your own due diligence of an Issuer or Company;
You will make any decision to consummate any Transaction or communication based on your own independent review and consultations with such investment, legal, tax, accounting and other advisers as it deemed necessary. You will make your own decision concerning any Transaction without reliance on any representation or warranty of, or advice from, MONACO CROWDFUNDING;
You agree that MONACO CROWDFUNDING shall have no liability whatsoever to you, or your beneficiaries, due to or in connection with your use of MONACO CROWDFUNDING’s Site or Services or any Transaction between you and an Issuer. You understand that MONACO CROWDFUNDING does not warrant or represent any information on its site or service or any information related to Issuers.
You are entirely responsible for conducting your own assessment of any and all Issuers on MONACO CROWDFUNDING’s Site. You hereby irrevocably waive any claim that you might have based on the failure of MONACO CROWDFUNDING to discover or disclose any private or public Company information (the “Information”).
Each Founder is solely responsible for the material it posts on this Site and, by posting such material, represents that : it has complied in all material respects with all applicable rules and regulations; and such information will not contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary to make such statements not misleading in light of the circumstances under which they are made.
Securities Products
The securities offered on the Accredited Platform may only be acquired by Accredited Investors who are familiar with and willing to accept the high risks associated with private investments. Securities sold through private placements are not publicly traded and, therefore, are illiquid. Additionally, securities may be subject to holding period requirements. Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high net worth individuals and entities. Investors are solely responsible for conducting any legal, accounting or due diligence review. Investment products are not insured, may lose value, and there is no bank guarantee.
We strongly advise you to consult a legal, tax and financial professional before investing.
Quality Standards: You represent and warrant that all Content provided by you to MONACO CROWDFUNDING to post on the Site meet certain standards to ensure the quality of its platform and the integrity of its social network. To this end, you understand that materials submitted must:
Contain all required fields and data;
Not contain any untrue statement of a material fact or omit to state a material fact; Not contain any confidential information; Contain clear data presentation; Present a complete and accurate view of the company; Present a complete and accurate view of the Raise; Present a complete and accurate view of the team, advisors and investors; Present a clear pitch and deal summary; Have an updated company profile on MONACO CROWDFUNDING; Have founders and team members with full profiles; Be clear and concise; Use proper grammar, punctuation and spelling; Use a professional tone; and Present a Company in the manner, maturity and documentation that is customarily expected of private companies raising money through a regulated issuance of equity through Regulation D or similar issuances.
Investments:
You will use your own judgment before making any decision to invest or to accept an investment involving what is to you a material amount of money. You will be solely responsible for complying with applicable law regarding any transaction, including without limitation the determination of whether any investor is an Accredited Investor and whether any investment complies with the terms of local law (whether the law of a US state, or the law of any foreign government with jurisdiction over you or any investor).
You understand and acknowledge that MONACO CROWDFUNDING is not a registered broker-dealer and that it cannot and does not offer investment advice. You understand and acknowledge that as a potential Issuer, should your networking lead to an investment that you are solely responsible for ensuring any party you meet on the site is an Accredited Investor.
Founder acknowledge that you are solely responsible for conducting due diligence on a potential investment.
Do not claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available through MONACO CROWDFUNDING, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on MONACO CROWDFUNDING.
MONACO CROWDFUNDING may not support Companies or Raises or businesses that are simultaneously running crowdfunding campaigns on other crowdfunding platforms.
Founders acknowledge and agree that by submitting a Company Profile or Raise on MONACO CROWDFUNDING, that the Founder is representing and warranting that Founder or the company for which Founder is submitting the Raise (“Raise Company”) owns or licenses the rights to produce, sell or promote the products and services in which it engages. Founder and its affiliated Raise Company agree to indemnify and hold harmless MONACO CROWDFUNDING (including its affiliates) from any and all claims, threats, allegations, or suits related to a failure of a Raise Company to have the rights to produce, create, distribute, sell or otherwise transact in its goods and services. MONACO CROWDFUNDING reserves the right to reject, cancel, interrupt, remove, or suspend a Raise at any time and for any reason. MONACO CROWDFUNDING is not liable for any damages as a result of any of those actions. MONACO CROWDFUNDING’s policy is not to comment on the reasons for any of those actions.
MONACO CROWDFUNDING is not liable for any damages or loss incurred related to Raises or any other use of the Service. All dealings are solely between Users. MONACO CROWDFUNDING is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with Raises on the Site.
- LIABILITY
11.2. The Monaco Crowdfunding platform cannot under any circumstances be held liable for any damage arising for the user that results in part or wholly from any non-compliance with these GCU by that customer.
11.3. The Monaco Crowdfunding platform cannot be held liable as a result of any activities or information held, if it is unaware of the illegal nature of these or if as of the instant it became aware, the Monaco Crowdfunding platform did not act diligently in removing this data and/or making access to it impossible.
11.4. Regardless of the nature, grounds and details of any proceedings imitated by a USER OF THE PLATFORM, except in the event of its fraud or gross negligence, the Monaco Crowdfunding platform accepts no liability.
11.5. The Monaco Crowdfunding platform cannot under any circumstances be held liable for any direct and/or consequential losses, such as market injury, loss of customers, any commercial disturbance, loss of profits, impairment of brand image suffered by its customers, or by third parties, and that may arise from the service provisions of the platform, the implementation or the non-availability of the service. Any action taken against a user by a third party is deemed as being a consequential loss, and therefore shall not give rise to entitlement to any other reparation than the maximum of one hundred euros as above.
11.6. It is hereby agreed that the content of the PROJECT, its presentation and the elements of its follow-up (news, etc.) are compiled subject to the sole liability of the Monaco Crowdfunding platform; the Monaco Crowdfunding are wholly liable for the presentation of the PROJECT as published on the site and must ensure in particular that this presentation will not mislead the USERS.
11.7 The CONTRIBUTORS are free to choose the amount and allocation of their CONTRIBUTIONS.
Specific point:
The Monaco Crowdfunding platform has the right to use the email addresses of the CONTRIBUTORS in the context of the PROJECT for which funding has been sought.
- MODIFICATIONS TO THE GENERAL CONDITIONS OF USE OF THE PLATFORM
It is the specific responsibility of the CONTRIBUTOR to read and accept the General Conditions of Use of the platform when making a CONTRIBUTION. Each use of the SERVICE implies acceptance of the latest version of these General Conditions of Use of the platform.
In the event of major changes to these General Conditions of Use, the new general conditions will come into force one month following their publication on the internet site of Monaco Crowdfunding platform. The special conditions associated with these General Conditions and in particular the conditions relating to the financial conditions relating to Article 19 cannot be changed for ongoing project campaigns.
- COPYRIGHT