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Terms of Use

 

Who We Are

1.1 These are the terms of use of Momentum Global Ventures B.V., legally established in Amsterdam and located at Cruquiusweg 111-R, 1019 AG Amsterdam, hereinafter referred to as: “we,” “us,” or “our.” We are the user of these terms of use within the meaning of article 6:231 of the Dutch Civil Code.

Note: Please read these terms of use carefully. This document contains information about your rights and obligations as well as our rights and obligations.

1.2 In these terms of use, “Products and Services” means all work, services, goods, equipment, materials, software or other programs (including APIs), code (including source code and object code), files, website(s), mobile application(s), documentation, productions, media, content, information, data, hardware, systems, devices, networks, or infrastructure, from us, made by us, offered by us, performed or provided by us, or sold, delivered, implemented, or installed by us. A reference in these terms of use to our Products and Services also refers to all additional programs and features, including any documentation, upgrades, updates, modifications, and improvements that may be made available by us from time to time.

Interpretation

2.1 A reference to an article (paragraph) refers to an article (paragraph) of these terms of use unless the context indicates otherwise.

2.2 Headings are provided for convenience and do not affect the meaning or interpretation of these terms of use.

2.3 Where terms such as “including,” “in particular,” “such as,” “for example,” or similar are used, the following list is not exhaustive.

2.4 “Written” means by letter, fax, email, or another electronic means of communication. The message must always be readable and reproducible.

2.5 An obligation not to do something also implies an obligation not to accept, permit, undergo, allow, or cause it.

2.6 In the event of conflict or inconsistency between the provisions of these terms of use and a written agreement between you and us, the provisions of the written agreement shall prevail, but only to the extent of the conflict or inconsistency.

These Terms of Use

3.1 These terms of use apply to and form part of all Products and Services or their use (including downloading or installing software or other programs). These terms of use also apply to our communications and the use of our website: Mijn.Momentum.Portaal/login

Note: These terms of use also apply in cases of tort or if any Products and Services are modified, or with respect to new products and services.
Tip: Read these terms of use carefully before doing business with us, entering into an agreement with us, or using our Products and Services.

3.2 The applicability of your or any other party’s terms of use or conditions is expressly rejected. A deviation from our agreement with you or from these terms of use is valid only if expressly confirmed by us in writing. A deviation applies only to a specific case or agreement and not to other cases or new or modified agreements.

3.3 Click here to save these terms of use. You can also consult our terms of use on our website.

Send an email to helpdesk@momentum.ventures if you wish to receive our terms of use by email.

3.4 If you do not understand something, have a question, or would like more information about the Products and Services or these terms of use, please contact us:
Phone: +31 (0)20 560 0800
Email: helpdesk@momentum.ventures

General

4.1 All our offers (in any form) are without obligation and can be withdrawn by us at any time, and in any case no later than 2 working days after acceptance. Unless expressly stated otherwise in writing, our offer expires 30 days after the offer date unless accepted by you. After that, the offer is no longer valid.

Note: An offer from us may also be included in a quotation, email, on our website, or in other communications. Always check carefully whether an offer is genuinely from us.

4.2 If the acceptance of our offer deviates only on minor points, as referred to in article 6:225 paragraph 2 of the Dutch Civil Code, no agreement is formed unless we expressly confirm otherwise in writing.

4.3 All deadlines or dates mentioned by us or agreed upon (including delivery, completion, issuance, or completion) are estimated target dates that do not bind us and are indicative only. Article 6:83 of the Dutch Civil Code does not apply to us, and default on our part will never occur without a (written) notice of default.

4.4 We may assume that any offer, acceptance, agreement, order, purchase, sale, transaction, payment, or other act made with or from your account, organization, data, or communication means or methods is done by you. Such actions are binding for you.

4.5 Unless expressly agreed otherwise in writing, you bear all costs and fees associated with the use of Products and Services and fulfilling your obligations to us.

4.6 If there is a contract for services between you and us within the meaning of article 7:400 paragraph 1 of the Dutch Civil Code, and we are the contractor, articles 7:401, 7:402, 7:403, 7:404, 7:408, and 7:409 of the Dutch Civil Code do not apply.

What We Do

5.1 We may offer, perform, provide, sell, deliver, implement, or install products and services, but we are not obliged to do so. We do not guarantee results and only offer, perform, provide, sell, deliver, implement, or install Products and Services under our terms and conditions.

5.2 We may, at our discretion, change, suspend, discontinue, or impose further conditions to the offer, delivery, availability or content or composition of certain Products and Services at any time without being liable. We may also, if we have good reason, suspend or not execute a transaction, without being liable. If legally allowed, we will inform you of the reason(s) upon request.

5.3 We aim to process transactions promptly. You agree and acknowledge that we are not liable if a transaction cannot be processed or is delayed for any reason. Where possible and legally allowed, we will inform you of the reason(s) for non-processing or any material delay in processing your transaction.

5.4 Certain Products and Services are offered or made available only online or on specific data carriers. Online Products and Services are only accessible remotely via the internet (or another data network). You are responsible for obtaining such access.

5.5 Products and Services are made available in a ready-to-use condition. Ready-to-use means that Products and Services are prepared for use by a reasonably acting, competent, skilled, and careful person who follows our advice, training, and instructions regarding the use of the Products and Services.

5.6 We do not guarantee that Products and Services are free from defects or operate without interruption. To the extend any Products and Services are made available, provided, implemented or installed, you accept those Products and Services in the condition they are at the time they are made available or provided, implemented or installed by us ( “as is, where is” and “as available,”) with all visible and hidden errors and defects.

 

Updates and Maintenance

6.1 We may at any time install, make available, provide or apply (temporary) improvements, updates, upgrades, repairs, modifications, programme diversions or troubleshooting restrictions with respect to any of the Products and Services, or perform maintenance or other work with respect to any of the Products and Services. We are under no obligation to do so and we do not need to inform you. If we do so, we will do so free of charge unless we agree otherwise with you. We may also repair, remedy or mitigate any faults, errors or defects at any time. If this involves costs that you have to pay, we will only carry out the work after your agreement.
Note: In connection with all of the foregoing under clause 6.1 ‘updates and maintenance,’ you may temporarily be unable to use all or part of the Products and Services in whole or in part, or the Products and Services may not perform as they should. We will then not be liable or liable to you for damages and you will not be entitled to any compensation.

6.2 We may continue the Products and Services with the enhancements, updates, upgrades, repairs, modifications, programme diversions or problem-eliminating restrictions referred to above under clause 6.1 ‘updates and maintenance.’ You therefore irrevocably and unconditionally accept such enhancements, updates, upgrades, repairs, modifications, programme redirects or problem-eliminating restrictions in advance, including newer versions of the Products and Services that may not have the same functionalities as any previous version.
Note: As a result of the foregoing under clause 6.2 ‘progress,’ you may need to update or change your hardware, systems, software, devices, infrastructure or other facilities. You accept updates, upgrades, repairs, modifications, and problem-solving limitations as part of ongoing product and service improvements.

6.3 We may not install, make available, provide or apply any (further) enhancements, updates, upgrades, repairs, changes, programme redirects or troubleshooting restrictions in relation to previous versions of the Products and Services, or discontinue support or maintenance or other work in relation to previous versions of the Products and Services.

Use and Security

7.1 You shall observe and strictly comply with all restrictions regarding the use of the Products and Services. You are responsible and liable for the use of the Products and Services and for determining whether the Products and Services are fit for any particular purpose or for any intended use.

7.2 You are fully responsible and liable (at your own risk and expense) for:
7.2.1 the use (including any results of that use), management and control, and your settings of the Products and Services;
7.2.2 your access information (such as username, password, key, token or any other means of access), and any content, data and other information entered, provided, transmitted or transmitted by, on behalf of or through you;
7.2.3 keeping your access information (such as username, password, key, token or any other means of access) confidential;
7.2.4 having, installing, setting up, maintaining and updating appropriate and proper hardware, systems, devices, infrastructure and other facilities compatible with (i) the Products and Services, (ii) the manner in which the Products and Services may be made available to you, and (iii) your use thereof (including connecting to and communicating with any of the Products and Services);
7.2.5 where applicable, accessing the Internet (or any other data networks); and
7.2.6 keeping hardware, systems, software, devices, infrastructure and other facilities secure and safe, including by having an up-to-date anti-virus programme in operation.
Note: All access data provided to you by us or generated through us, such as usernames, passwords, keys, tokens or other means of access, are confidential, personal and non-transferable. You are expected to treat the access data as such. We may change any Access Data from time to time or require you to change your Access Data from time to time.

7.3 You represent and warrant that you will not directly or indirectly use, disclose or otherwise associate our Products and Services with:
7.3.1 pornographic or violent expression or activity;
7.3.2 discrimination (including by race, gender, religion or belief);
7.3.3 illegal or unlawful activities;
7.3.4 violations of our IP Rights (as referred to in Clause 12.1) or the IP Rights of others; or
7.3.5 other activities contrary to public order or morality.

Warranties and Representation

8.1 For so long as you use or have the ability to use any of our Products or Services (whichever is longer), you represent and warrant the following:
8.1.1 you have not provided us with any false, misleading or materially incomplete information and you will not provide us with any false, misleading or materially incomplete information (materially incomplete information means that the absence of such information has prevented us from making, or being able to make, an adequately informed decision about offering, making available or providing any Products and Services to you and the consequences thereof);
8.1.2 in relation to us, you will always comply with all applicable laws, rules, regulations and other obligations, and exercise due care;
8.1.3 you do not take any action that is or may be harmful to us, our reputation, the financial system, or that results or may result in adverse publicity for us; and
8.1.4 you do not abuse our Products and Services in any way, including improper or unlawful use, fraud or unauthorised trading.

Your Obligation to Inform Us

9.1 You are required to notify us (both solicited and unsolicited) immediately in writing of anything that may be relevant to us in relation to the Products and Services, including:

  • Any representation or warranty under clause 8.1 above is or becomes untrue in any way.
  • A (possible) infringement of our IP Rights (as referred to in clause 12.1), systems, files, software or other software (including APIs), code, scripts, website(s), mobile application(s), or content, data or other information, including loss, theft or corruption thereof.
  • The unauthorised access to or use of (i) your access information, (ii) your account, or any other security breach.
  • You do not understand or inadequately understand our information or you observe any inaccuracy, error, defect, omission, or false or misleading communication on your part or on our part, in any of the Products or Services or in our communications.
  • You have a complaint about us or you believe that we are or may be liable.
  • You foresee that you will not be able to fulfil an obligation to us, in full, on time or properly, for whatever reason.
  • You are in a condition where you have ceased to pay, you are declared bankrupt, suspension of payments is granted in respect of you, the debt restructuring scheme is applied to you or pronounced, or something similar happens in respect of you.
  • Change of your contact or bank details.

9.2 You can send communications to us by letter or email:
Email: helpdesk@momentum.ventures
Address: Momentum Global Ventures B.V., Cruquiusweg 111-R, 1019 AG Amsterdam

9.3 Your obligation to notify as referred to in Article 9.1 above applies from the moment an event is reasonably foreseeable for you, for example, if you know or could have known that the event is occurring or will occur. In any case, an event is reasonably foreseeable for you if a notification has been given, a decision has been made, or an order has been issued. Furthermore, you are obliged to periodically keep us properly informed in writing about the progress, any changes, and settlement.

Complaints

10.1 If you have a complaint, contact us immediately:
Email: helpdesk@momentum.ventures
Address: Momentum Global Ventures B.V., Cruquiusweg 111-R, 1019 AG Amsterdam

Please describe the complaint fully and clearly, stating your name, address, and place of residence.

10.2 After we have received your complaint, we will send an acknowledgement of receipt. If your complaint is fully and clearly described, stating the above details, we will be able to provide a substantive response by telephone or email within 14 days of the confirmation of receipt.

Liability

11.1 If we are not liable under this Article 11, that means—in the broadest sense of the word, including in respect of obligations (to pay damages or otherwise) based on a contract and under the law, for damage, loss, and other disadvantage, and for any obligation to repair or replace—always except for intent or deliberate recklessness on our part.

11.2 All our obligations, work, and services are performed on the basis of an obligation of best efforts. This means that we do not guarantee the achievement of any intended result. You also expressly accept that the Products and Services may not be suitable (in whole or in part) for any particular purpose or any intended use. We will therefore also not be liable, for example, if the Products and Services do not meet your specific wishes or requirements or are not to your (or another person’s) liking.

11.3 Always check immediately that your use of the Products and Services (including transmitting or entering data or making transactions) is in accordance with your intentions. If not, please contact us immediately.
Phone: +31 (0)20 560 0800
Email: helpdesk@momentum.ventures

11.4 We may engage others or use or engage others’ Products and Services to make Products and Services available. For example, consider IT or ICT providers or suppliers. We are not liable for others, including how those others:

  • Do something, do it too late, do not do it properly, or do not do it at all.
  • Comply, comply too late, do not comply properly, or do not comply at all with obligations, for example, under laws or regulations.

11.5 We will not be liable in the event of failures, defects, or interruptions in electricity or the internet. We shall also not be liable if any Products and Services are (temporarily) unavailable, defective, slow, or otherwise not or inadequately functioning, available, or accessible or not or limited usable or otherwise do not meet the requirements that can be set for them under normal circumstances.

11.6 We are not liable for immaterial damage or indirect damage. Indirect damages include consequential damages consisting of lost sales, income or profit, loss of customers, damages or claims of others, loss of agreements or business opportunities, loss of production, missed (anticipated) savings, damage due to business interruption, reduced goodwill or reputation, depreciation of goods, destruction, damage or loss of (electronic) data, information or documents, and other consequential damages.

Intellectual Property

12.1 In these Terms of Use, ‘IP Rights’ means all intellectual property and industrial property rights, both within the Netherlands and abroad. This includes in any case copyright, neighbouring rights, database rights, patents, trademarks, drawings, design rights, trade name rights, breeders’ rights, domain names, and similar rights. This includes rights to texts, images, films, icons, logos, software, and scripts.

12.2 Only we (and/or our licensors) own and are entitled to the Products and Services and everything related thereto and all IP Rights relating to the Products and Services.

12.3 By entering, making available, providing, transmitting, or sending data, content, information, data, and other expressions to us, for example by, through, or using the Products and Services, you grant us, free of charge, a perpetual, worldwide, royalty-free, and irrevocable right to use such data, information, data, and other expressions in connection with the Products and Services.

12.4 You represent and warrant that you do not and will not infringe our IP Rights or the IP Rights of our licensors

Communication

13.1 For our communication with you, we rely on the data you have provided to us.

This includes your address details and e-mail address. These details will remain valid until we have received a change of address from you and a reasonable period of at least two working days has passed to process the change of address. We will communicate with you in Dutch.

13.2 Would you like to contact us? You can do so via:

Email: helpdesk@momentum.ventures
Address: Momentum Global Ventures B.V.
Cruquiusweg 111-R
1019 AG Amsterdam

TIP: Please check our website regularly (https://momentum.ventures) for our up-to-date address details and other information about us.

Duration and Changes

14.1 You must comply with these terms of use for as long as you use or have the ability to use any of the Products and Services.

14.2 We may unilaterally amend or add to these Terms of Use at any time. If we do so, we will notify you. The amendment or addition will only take effect 14 days after we have notified you, unless there is an urgent reason for the amendment or addition to take effect at a different time. After that period, the amended or supplemented terms of use shall apply and you shall be deemed to have accepted them irrevocably and unconditionally. If you do not agree with an amendment or addition, discontinue use of the Products and Services.

Nullity

15.1 If any provision (or part thereof) is or becomes invalid, void or unenforceable, that invalid, void or unenforceable provision shall not affect the remaining provisions.

15.2 If any provision (or part thereof) is or becomes invalid, void or unenforceable, then the parties shall be bound by a provision which is valid, not void and enforceable, and which as far as possible has a similar result to the original provision.

Governing Law and Dispute

16.1 These terms of use are governed by Dutch law.

16.2 Do you have a complaint about us or are you satisfied with us?
If so, please report this to us first via:

E-mail: helpdesk@momentum.ventures

Address: Momentum Global Ventures B.V.
Cruquiusweg 111-R
1019 AG Amsterdam

TIP: For more information, see article 10 (‘complaints’) above.

If we do not reach an agreement, we agree that you or we will submit our disputes to the competent court in Amsterdam for resolution.

Version and Date

Version: 1
Date: January 2025