General terms and conditions

1. Applicability

These terms and conditions apply to the use of the website www.swishfund.nl (the “Website (s)”). Services are offered on the Websites by Swishfund Nederland B.V. (Swish fund). By visiting these Sites, you expressly agree to the applicability of these terms.

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2. Registration/create an account

After starting your request, we will ask you to provide us with certain information. We supplement this data with data from public sources, such as the Chamber of Commerce, among others. You must ensure that all information you provide to us is accurate.

You give us permission to collect, process and use your information as described in the privacy statement, including for assessing your request and/or for marketing purposes.

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3. Security

After we have issued a credit to you, you must register as a user at www.swishfund.nl and create an account.

When creating an account, we ask you to provide us with certain information and to choose a username and password. You must ensure that all information you provide to us is accurate.

With your account, you get access to the secure area of the website. www.swishfund.nl (hereinafter: “the secure area of our Sites”).

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4. Security

We ensure that the secure part of our Websites is secured with adequate security measures.

You must keep your username and password confidential at all times and choose a password that is not easy to retrieve.

The use of your account is personal. You are not allowed to let others use your account and/or provide your login details to others.

Please note: you are responsible and liable for all actions and transactions made with your account after you have successfully logged in with your data.

You are not allowed to use your account in any way that could harm the Sites and/or their security.

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5. Permitted/prohibited use

You may only use our Sites to:

• to obtain information about our products and services.
• to communicate with us.
• to apply for a loan from us.
• to view details about your credit.

You are also only allowed to use the Sites in accordance with these terms.

The Sites are intended for legal and natural persons aged 18 and over in connection with business activities. The Sites are not intended for consumers. If you do not meet these conditions, you should not use the Sites.

It is expressly prohibited to:

• using information about our products and services to develop and/or offer competing products or services.
• use our Sites in a way that may be harmful to us, our Sites, or third parties.
• distributing information or harmful materials to other users of our Sites through our Sites.

6. Personal Data

When you use our website, create an account, apply for credit, etc. we process your personal data. For more information about how we handle your personal data, please refer to our privacy statement. For information about the cookies we use, please refer to our cookie statement.

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7. Intellectual Property

Onze Websites bevatten elementen en onderdelen, zoals afbeeldingen, teksten en de achterliggende software, waarop rechten van intellectuele eigendom rusten. Deze rechten komen toe aan ons of onze leveranciers / licentiegevers. Het is niet toegestaan om enig element of onderdeel van de Websites te verveelvoudigen, openbaar te maken of commercieel te gebruiken, zonder onze voorafgaande toestemming.

Alle auteursrechten worden bij dezen uitdrukkelijk voorbehouden.

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8. Liability

Swishfund compiles the Websites with care, but it is possible that incorrect and/or incomplete information is published on parts of the Websites.

Swishfund is not liable for any damage as a result of incorrect or incomplete information on the Websites, nor for any damage resulting from the use of the Websites.

Swishfund is also not liable for any damage resulting from the (temporary) unavailability of (the secure part of) the Websites, regardless of the reason and regardless of whether this only applies to you or to everyone.

Our Sites may contain links to third party websites. These links are for informational purposes only and do not mean that Swishfund checks or agrees to the content or accuracy of those websites, or that there is a cooperation between Swishfund and the (owner of) those websites. Swishfund is not responsible for the content of third-party websites and is not liable for any damage related to websites linked to on its Websites.

If third parties link to our Sites, this also does not necessarily mean that these third parties control or agree to our Sites, or that there is any form of cooperation.

For the sake of completeness, the above limitations of liability do not apply to liability resulting from the intent or gross negligence of Swishfund's subordinates.

You are liable for any damage resulting from the use of these Websites in violation of these terms and conditions and indemnify Swishfund against any claims in this regard.

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9. Changes

Swishfund kan deze voorwaarden van tijd tot tijd wijzigen. Swishfund zal je van een dergelijke wijziging op de hoogte brengen door dit op de Websites te vermelden. Indien je het niet eens bent met de wijziging moet je je toegang tot en het gebruik van de Websites staken. Indien je doorgaat met de toegang tot en het gebruik van de Websites word je geacht de wijziging aanvaard te hebben.

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10. Termination

Swishfund can take the Websites offline and/or deny you access to (the secure part of) the Websites at any time.

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11. Applicable law and competent court

Any disputes related to the terms and conditions are governed by Dutch law and, in this context, the court in Amsterdam, the Netherlands, has exclusive jurisdiction.