CFI has before going online had contact submitted by the AFM and the form of business (about donating and receiving donations).
Since this form of crowdfunden falls under the category “Donate” and “Sponsoring and reward based” there is no license or exemption required. This is confirmed in writing by the AFM.
CFI is therefore not in the register of the AFM since the platform does not require a license or exemption.
Private participants gain by participating an asset to be declared as income from savings and investments in Box 3. The value of the participation must be listed on the report on January 1st of the year in the income tax return of the participant. A payoff from the project is not taxed separately, because this the basis of income from savings and investments will continue to receive.
For turnover tax the deposits by individuals not considered a taxable performance. The deposit is not charged with VAT.
If you are unsure about the application of the above in your specific situation, we advise you to the tax implications with your advisor or tune the inspector of the Tax Department.
The above is only a general view of the tax consequences under the Dutch laws and regulations. And should not be construed as advice Crowdfunding International BV and / or its affiliated companies / persons. The use of this information by the participant (s) is entirely at the expense and risk of the user (s) / operator (s). Crowdfunding International BV and / or its affiliated companies / persons can be held liable in any way by the user (s) / operator (s).
Crowdfunding International Exploitatie B.V.
Address: Oude Raadhuisstraat 12a, 6125 BA in Obbicht
Phone: +31 85 02 00 540
Crowdfunding International Euro B.V.
Address: Oude Raadhuisstraat 12a, 6125 BA in Obbicht
Phone: +31 85 02 00 540
TERMS AND CONDITIONS
1 Definitions and application
1.1 In these General Terms and Conditions
Account: Profile of a participant which is created through registration and which gives access to the restricted areas of the Platform.
Content: The whole of textual, visual and / or audio content of the website, including but not limited to photos and videos with or without sound and musical works, and other information.
Crowdfunding International : The private company with limited liability Crowdfunding International BV, registered in Obbicht, offices at the Old Town Hall 12a, 6125 BA, City Sittard / Geleen entered in the Trade Chamber of Commerce under number 64,498,948.
Participant (s ) / Donation (s) Any person or association through Registration creates an account and donates to (a) Crowdfunding project (s).
Crowdfunding (Crowdfunden) : The by participants through the Platform donate to Crowdfunding Projects.
Crowdfunding Project (s) : The description of the project on the platform of the project prepared by the Project.
Fee: Amount paid to Crowdfunding International for the provision of the Platform.
Property developers : Any person or association through Registration creates an account and a fee paid to place a Crowdfunding Project.
License : The right of participants as defined in Article 2.
Entry or Registration : The act by which participants agree to want to donate a specified amount of money for the realization of one or more Crowdfunding Projects.
Parties : Crowdfunding International and participants together.
Platform : The online platform operated by Crowdfunding International consisting of closed and open sections where developers Crowdfunding Projects to present and (potential) participants to become acquainted with and be able to up.
Property developers : Participants who places on the platform Crowdfunding Projects.
Registration : The action on the site where the Participant the minimum information as stated on the website must provide to Crowdfunding International before access is gained to the private area of the Platform. If participant is an association, registration will be notified by e-mail firstname.lastname@example.org .
Starway : Crow Funding Method which is based on a donation basis Crowdfunding Projects.
Wallet Internet exchange. It contains the funds that benefit from the Crowd Fund Project.
Website : The website www. crowdfundinginternational.eu of Crowdfunding International which is the landing page can be logged for services Crowdfunding International and from which page on the private section of the Platform.
1.2 Any person can register on the Platform as a participant or as a Project. A participant pays a Fee and donates to a Crowdfunding Project. Then, the participant is given the opportunity to put on a Crowdfunding Project which can donate other Participants. Developers pay after recording only a fairy and then can create a Crowdfunding Project for which they must find donors themselves. Where further in this agreement is spoken of Entrant shall also include property developers .
1.3 These Terms and Conditions shall apply to the Terms and any (other) use of the Website and the Platform by the Participant, and all related by Crowdfunding International to deliver products, software and / or services to the Participant.
1.4 By accessing, using and / or registration on the Website and / or the Platform Participant explicitly accepts these Terms and Conditions. If the Participant does not agree with all the terms in these Terms and Conditions, the Participant shall grant access to the private parts of the platform.
1.5 It is not allowed to participate as a legal entity to Crowdfunding International. There can only be made and received donations from individuals, foundations and / or associations. Donations can be then used for business purposes in agreement with the IRS or your financial advisor.
2 The End User Platform
2.1 After registration and based on the conditions as more fully set out in these Terms grants Crowdfunding International Participant access to the Platform and the Participant is entitled to on the closed section of the Platform to see Crowdfunding Projects and to proceed with Crowdfunding and / or placing Crowdfunding Projects (the License).
2.2 The License covers only the powers expressly granted in these Terms and Conditions, which is also the purpose and intended use of the platform is determined.
2.3 The Participants unless otherwise expressly written consent of Crowdfunding International allowed the License, in whatever form, to issue or transfer to, or in any way make it available to, any third party or to integrate into a another product.
2.4 Without prejudice to provide the remaining provisions of these Terms and Conditions, the participant is only allowed access to the platform in the appropriate manner prescribed by Crowdfunding International.
2.5 Crowdfunding International is entitled at all times to change the functionality of the platform.
3.1 To use the services of Crowdfunding International as Participant and (/ or) an account at Crowdfunding International must be created Project and for obtaining the License.
3.2 When creating an Account Participant is obliged to fill in complete and correct information and not to provide misleading information.
3.3 An account can be created by anyone who is older than 18 years. Persons under 18 may only create an account that is activated by his or her legal representative.
3.4 Participant will be careful with his account, keep his password in a safe place and keep the password secret. Participant will take measures to prevent misuse of the account. As a participant discovers that someone else using his account, or that security has been compromised, Participant Crowdfunding International must inform immediately to notify by e-mail to email@example.com.
3.5 Participant is responsible (both opposite Crowdfunding International and to others) for all activities conducted through his account.
3.6 Participant acknowledges that entering the password and other account information should be equated with placing an electronic signature, and that messages sent are supposed to be signed by the Participant from his account.
4 General rules for use of the Website and the Platform
4.1 distribute, copy and / or re-use etc. of (parts of) the Website and / or the Platforms (including Content placed) is only permitted after prior written consent of Crowdfunding International (Social media).
4.2 It is not allowed to approach using other techniques and / or means other than the commonly available web browsers (and / or any other means which Crowdfunding International express may designate for this purpose) the Content.
4.3 It is not allowed to process personal data of users (developers, Participants or others) of the Website and / or to collect or otherwise Platform (such as account information and user names), unless under direct contact or otherwise effected with the consent of the person (s).
4.4 Crowdfunding International grants the operators of public search engines permission to use spiders to copy materials from the site and the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Crowdfunding International reserves the right to revoke these exceptions either generally or in specific cases.
4.5 Crowdfunding International reserves the right to take in breach of paragraph 4.1 to 4.4 (after written notice and the expiration of the exceeded reasonable period specified in the notice) legal action.
5. Management and disbursement of funds
5.1 The monies paid will be donated to the Crowdfunding Projects to the account of Crowdfunding Euro International BV and controlled STAK by the Trust Office.
5.2 At the time of the Crowdfunding Project Phase 4.1 reached the Starway, to the funds through Visa Debit Card or made available by Bank Transfer to the Project *.
* From 19-02-2016
5.3 The Visa Debit Card can at the moment when the phase 3.1 Crowdfundingpoject be requested has reached through the Starway. The cost of the Visa Debit Card can be paid from the Wallet.
5.4 Crowdfunding International is entitled to make any payment to participants who can not provide verification of enrollment.
6 Liabilities Crowdfunding International
6.1 The Crowdfunding International obligations are always commitments and obligations no result except to the extent expressly authorized in writing to the contrary has been agreed and the agreed outcome should be clear and unambiguous.
6.2 Crowdfunding International is the platform and the Web site maintained and available. At any silencing of the Platform mandatory Crow Funding International undertakes all legitimate funds directly to pay. The platform will be to visit online for 2 years without any functionality.
7 Liabilities Participant
7.1 Participant is obliged, before proceeding to Crowdfunding, to be well aware of the Terms and Conditions.
7.2 Participant is obliged to comply with the conditions arising out of these Terms and Conditions, and is obliged to refrain from any action which the interests of Crowdfunding International harm or may harm themselves.
7.3 Crowdfunding International is entitled to refuse full or partial participant access to the platform if, in the opinion of Crowdfunding International case of actions which are contrary to these General Conditions or be detrimental to Crowdfunding International.
8 The account of participants, duration, termination and the consequences of termination
8.1a By Registration and the acceptance of these Terms and Conditions Participant’s Account will be created indefinitely. The use of the account by the Participant is terminated by completing the Crowdfunding Project or closing via the Platform.
8.1b When you create an account and complete the payment, you donate this amount to the project chosen. Because this donation immediately by your chosen project spending can be to make the donation therefore not reversible or. recoverable by the donor.
8.2 The use of the account by the Participant may be terminated without notice:
a. is declared by each of the parties if the other party is declared bankrupt or subject to it, whether or not granted a provisional suspension of payments, or in case of dissolution of the other party or termination of its activities;
b. by each of the parties if the other party culpably fails to fulfill any of its obligations under the General Conditions and the fault has been exceeded after written notice and the expiration of the reasonable period specified in the notice;
c. by Crowdfunding International in the event of breach by Subscriber of its obligations under these Terms and Conditions;
8.3 Termination under article 8 shall not affect obligations which by their nature continue automatically, including the provisions relating to intellectual property rights, confidentiality, applicable law and dispute resolution.
8.4 Crowdfunding International is due to the termination of the License never be obliged to pay any compensation or payment.
9 Liability and Indemnification
9.1 Although by Crowdfunding International extreme care has been taken with regard to the operation of the platform and related services can not guarantee the absence of errors or omissions. Crowdfunding International, its employees and the authors or editors will for any errors or omissions or for the use by Participant in any way be liable.
9.2 Crowdfunding International is not liable for the consequences of the unavailability of the Platform or any part thereof; the Website or any part thereof or deficiencies in communication therewith.
9.3 Crowdfunding International accepts no responsibility or liability for failure to store or delete any Content placed by the Participant on the Website or Platform.
9.4 Crowdfunding International is not responsible for the content of websites of third parties or other information referred to by hyperlinks or otherwise or which in turn refer to the Website or Platform.
9.5 The total liability of Crowdfunding International for attributable failure to comply with these Terms and Conditions, tort or any other reason is at all times limited to direct damages up to a maximum of € 200, -. Liability of Crowdfunding International for indirect damages, which in any case includes consequential damages, lost profits, lost savings, loss of goodwill, loss due to business interruption, loss resulting from claims by customers of Participant, mutilation or loss of data and all other forms of damage than those mentioned in the preceding paragraphs this article, for whatever reason, is excluded.
9.6 The limitations mentioned in the preceding paragraphs of this article shall not apply if and insofar as the damage is the result of intent or deliberate recklessness of Crowdfunding International or its managers.
9.7 Condition for the existence of any right to compensation is always that Participant report the damage as soon as possible after it occurs writing to Crowdfunding International. Any claim for damages against Crowdfunding International lapse after a period of one month after the occurrence of the claim.
Additionally exists in any case not entitled to damages if the cause of the damage: a. Caused by non-compliance by, or Crowdfunding International on behalf of the Participant provided requirements;
b. consists of mutilation or loss of data;
c. caused by malfunctioning of voltage, telecommunication or network services, or
d. otherwise caused by reasons not attributable to Crowdfunding International.
9.8 Participant indemnifies Crowdfunding International in all cases for claims of developers and third parties, which result from the use of the platform and through the Platform by developers and / or other Participants exchanged messages and transactions entered.
10 Information, privacy and personal data
10.1 Crowdfunding International and Participant are required all the information concerning the operation or organization of the developers that their knowledge is indicated as part of the implementation of this agreement and whose developers or which should reasonably be assumed that this confidential has to apply, not to use it for personal gain and to make it to any third known, the latter except to the extent necessary for the proper performance of these Terms and Conditions.
10.2 Crowdfunding International will only use personal information provided by the Participant to the extent necessary for the performance of its services as agreed in this agreement. The personal Crowdfunding International calls for the purpose of identification of Participant and / or its representatives will only be used by Crowdfunding International for establishing the identity of the transmitting person or organization.
10.3 Crowdfunding International provides appropriate organizational and security of personal data, provided that, with regard to the enrollment, account and transaction information measures aimed at making accessible only from the data in cases where to do so under law or arising out these Terms and Conditions a necessity for it.
10.4 Regarding the usage and transaction data and the (other) data on Crowdfunding International provided gives Entrant further explicit permission Crowdfunding International to use that data for service or the use or operation of the Platform Related messages or to notify the Participant via e-mail or otherwise, about the products and services of Crowdfunding International. Furthermore Crowdfunding International will provide the personal information of Participant to third parties where required and as far Crowdfunding International to do so by law or court order.
11 Content Content and Intellectual Property
11.1 Crowdfunding International has no influence on the content of the Content and / or the data therein views and beliefs and therefore accepts no liability for the Content placed. Submissions may in no case violate the (intellectual property) rights of another, or otherwise unlawful and / or punishable third parties. Crowdfunding International Content does not conduct prior to deployment. Entrant understands and agrees that only competitor is responsible for the content posted by or on behalf and for the consequences of posting or publishing them.
11.2 intellectual property rights of developers and / or its licensors on the content of Crowdfunding Projects. Unless otherwise participant gets only the right to see this information, to download and / or print with a view to considering the provision of Crowdfunding, and allowed for any other use (except as pursuant to a statutory exception ) prior written consent of the developers who posted the information.
11.3 The Participants are not allowed any indication referring to the confidentiality of information, references to copyrights, trademarks, trade names or other rights to remove or alter intellectual or industrial property of Crowdfunding International.
12 General Provisions
12.1 Despite the utmost care taken to the Website, Crowdfunding International can not provide any guarantee as to the accuracy of the information on the Website and / or the service and its suitability for a particular purpose.
12. Crowdfunding International has the right to change the Terms and Conditions. Crowdfunding International is in this case available on the website a new version of these Terms and Conditions.
12.3 If any provision of these Terms is invalid or unenforceable, the remaining provisions of these Terms will remain in full force.
12.4 Crowdfunding International is entitled to transfer its legal relationship with the Participant to a third party under total or partial transfer of its business to a third party.
12.5 The relationship of Participant Crowdfunding International and this agreement is governed by Dutch law. Any dispute arising from this agreement will be submitted exclusively to the court in Maastricht, unless mandatory law (also) a different court has jurisdiction.