These Terms of Service constitute a legal agreement between you, as the user of the website and related mobile applications, if any, and Bambucorn Ltd, a company regulated and authorised by the Dubai Financial Services Authority (‘DFSA’) to operate a crowdfunding platform, as the owner of the website and related mobile applications, as applicable. Throughout these Terms of Service, we will refer to you as “you”, and we will refer to Bambucorn Ltd as ‘we’, ‘us’ or ‘Bambucorn’.
From time to time, we may update these Terms of Service to take account of changes in the law or for any other reason. If we update these Terms of Service, we will post a new version on the Site, and as soon as you use the Site after they are posted, you will be deemed to have agreed to the updated version, but you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict between two versions of the Terms of Service to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.
These Terms of Service set out the general terms governing your use of the website and related mobile applications (together referred to as ‘Site’). They apply to you as soon as you first use the Site, and you are deemed to have agreed to be bound by them upon your first use of the Site. If you do not wish to continue to be bound by these Terms of Service, please stop using the Site now.
If a court of competent jurisdiction finds any part of these Terms to be unenforceable for any reason, that part of these Terms shall be enforced to the extent permissible, and the remainder of the Terms shall continue in full force and effect.
In addition to these Terms of Service, a Privacy and Security Policy also sets out details of how your Personal Data will be used. Together, these are the “Website Agreements”.
During the course of your use of the Site, you may choose to agree to be bound by certain other agreements:
If you register as an Investor and wish to invest via Bambucorn, you will need to agree to a Membership Agreement with us and sign an Investment Subscription Agreement (ISA) with the business/entrepreneur
If you register as an Issuer and wish to run an offering (“Campaign”) through the platform, you will need to agree to an Issuer-Platform Agreement
If you register as an Expert and wish to provide your expertise, you will need to sign the Expert-Platform Agreement
We refer to all of these other agreements as the “Platform Agreements”, because rather than just governing your technical use of the Site, they set out the substantive terms that govern your relationship with us when you make use of our platform.
The Website Agreements will continue to apply to you even after you have agreed to a Platform Agreement. However, if it turns out that there is a conflict between the Website Agreements and a Platform Agreement that you agree to, the Platform Agreement will take precedence.
This Site may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of Bambucorn or our affiliates. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on this Site, that does not mean that we endorse that other website or in any way recommend that you should use it.
If you choose to agree to the Platform Agreements – you will see that in certain cases, we make certain representations to you about what parts of the Site and its content we are responsible for and what parts we are not. This means that, if you are a party to one of those agreements and something goes wrong with your use of the Site, you may be able to hold us responsible depending on the circumstances.
However, with the exception of the specific promises we make in a Platform Agreement to which you are a party, you need to be aware that:
In the event that either you or we fail to exercise any right or remedy contained in these Terms of Service, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.
The Site may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Site’s page layout, underlying code and software, we refer to all of these as “Content”.
All the Content is the property of Bambucorn, our affiliates or third parties with whom we do business. This means that you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Site unless otherwise indicated on the Site or unless given express written permission to do so by Bambucorn. For the avoidance of doubt, data mining or scraping the Site without the express written permission of Bambucorn is not permitted.
When Issuers submit information relating to a Campaign onto the Site, Issuers may upload content, videos, audio clips, written comments, data, text, photographs, graphics, and other information (“Campaign Content”) to the Site. Ownership of all Campaign Content shall stay with the Issuer.
In order to provide the services contemplated by the Site, Bambucorn will need a license to use the Campaign Content. By using this Site, the Issuer hereby grants Bambucorn a worldwide, non-exclusive, royalty-free and sub-licensable right to host, publish, distribute, stream, transmit, playback, transcode, copy, feature, display and otherwise use the Campaign Content to perform the services contemplated by the Site.
The Issuer hereby acknowledges that it has all necessary rights to display and upload the Campaign Content and in all other ways use the Campaign Content and to provide Bambucorn with the above license to the Campaign Content. Should any Campaign Content infringe the intellectual property rights of a third party, the Issuer agrees to immediately remove all infringing parts of the Campaign Content and compensate Bambucorn against all damages, costs and expenses incurred as a result of such infringement. Should we be made aware or suspect that the Campaign Content infringes any third party’s intellectual property rights, we shall have the right to remove from the Site all such Campaign Content.
These Terms and any non-contractual obligations arising out of or in connection with the Site shall be governed by and interpreted in accordance with applicable Dubai International Financial Centre ('DIFC') laws and regulations.
Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with applicable DIFC laws and regulations.
If you wish to make a complaint about Bambucorn, the process for doing so is set out in the ‘Platform Agreements’ you are a party to. Alternatively, the process is described in the ‘Complaints Handling Procedure’ section of the Site. If the complaint has not been resolved satisfactorily by Bambucorn’s internal network, the matter will be escalated in accordance with our Complaints Handling Procedure.