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Please click on the Complete Profile button to complete the required profile items. After you successfully complete your profile, you will be redirected back to this page and request will be processed automatically.
1 Introduction
1.1 These Terms and Conditions form the contract between you and us for the use of the Apollocrowd Crowdfunding Platform. They explain our obligations to you and your obligations to us.
1.2 Please read these Terms and Conditions before you use the Apollocrowd Crowdfunding Platform and before you invest and if there is anything that you do not understand please contact us because these are the Terms and Conditions on which we will rely.
1.3 Other terms and conditions may apply to other services we provide.
1.4 If you would like to hold your Investments in an Apollocrowd ^^^^^^^^^^^^^^^^^^^ terms and conditions in addition to these Terms and Conditions. These can be found here: ^^^^^^^^^^^^
1.5 You should read these Terms and Conditions carefully and print and retain a copy for future reference. We can provide you with additional or up to date copies of these Terms and Conditions (and any other documents which form part of the agreement between you and us) if you request this.
1.6 All investments can go down in value as well as up and we are not responsible for any losses you incur or any tax liabilities which arise as a result of your dealings with us.
1.7 Telephone calls to and from us may be recorded and monitored and may be used in evidence, if there is a disagreement.
1.8 We may appoint any person (whether connected to Apollo Venture Concepts or not) to perform any of our functions or responsibilities under these Terms and Conditions. This contract may be assigned in whole or in part, but only if this does not offer you a poorer service and if your rights are not prejudiced by the assignment.
1.9 If you cannot find the information you are looking for on our Website or on the Apollocrowd Crowdfunding Platform, day-to-day enquiries and communications may be made by telephone on 1.833.276.5564. Calls to and from Apollo Venture Concepts may be recorded for training and monitoring purposes. Or you could email your question to info@apollocrowd.com.
2 Use of the Website and Apollocrowd Crowdfunding Platform
2.1 We operate the Website, through which users can register to access the Apollocrowd Crowdfunding Platform. The Apollocrowd Crowdfunding Platform is a crowdfunding platform through which registered users can access details of, and apply to invest in, or lend to, a variety of Issuers. Such opportunities could include bonds, loan agreements, shares or other investments, each of which will be detailed in related offer documents on our Apollocrowd Crowdfunding Platform.
2.2 These Terms and Conditions set out important information including, without limitation, information regarding how you may make use of our Apollocrowd Crowdfunding Platform as well as your rights, obligations and the restrictions that may apply when you use our Apollocrowd Crowdfunding Platform. We recommend that you read these Terms and Conditions and the Privacy Statement carefully before using the Apollocrowd Crowdfunding Platform.
2.3 These Terms and Conditions govern the relationship between you and us when you access and use our Apollocrowd Crowdfunding Platform. By accessing the Website, applying to be a registered user of the Apollocrowd Crowdfunding Platform and by continuing to use Apollocrowd Crowdfunding Platform, you agree to be legally bound by these Terms and Conditions.
2.4 You will be asked to agree to further terms and conditions when buying specific Investments via this Apollocrowd Crowdfunding Platform and in all cases the offer document will cover any terms and conditions specific to each Investment. If there is any inconsistency between these Terms and Conditions and any such terms and conditions, the latter terms and conditions shall prevail.
3 Meaning of words
3.1 In these Terms and Conditions, a number of words and phrases have a special meaning, which is explained here:
4 Terms and Conditions for registered users
4.1 Registering as a user
You will be required to register your details and open a user account to access the Apollocrowd Crowdfunding Platform including to apply for and purchase any Investments. You may only be given access to detailed information about the available Investments once you become a registered user.
Becoming a registered user involves providing us with your personal information including your name, email address, date of birth, address(es) and phone number. You must complete the registration form fully and all information provided must be up-to-date, true, accurate and complete.
As part of the registration process you will have the use of an Electronic Wallet to see, use and manage your cash standing to the credit of the Client Money Account.
Payments must be to a bank account in the same name as the person who is registered as a user with us and must be held with a bank within Arizona in the United States.
We may accept or reject applications to register as a user and to purchase Investments at our discretion acting reasonably.
Each registration is for a single user only. Your registration is not transferable and you must keep your registration details secure at all times, as these details will be used to identify you. You are responsible for all information and activity on the Apollocrowd Crowdfunding Platform by any person using your details. If you authorize an agent, family user, employee or sub-contractor to use your Account with our Apollocrowd Crowdfunding Platform (in contravention of these Terms and Conditions), you will be responsible for the third party's activity on the account.
We have the right to disable access to an Account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
Any breach of security, loss, theft or unauthorized use of your security details must be notified to us immediately. We reserve the right not to act on your instructions where we suspect that the person logged into your Account is not you or we suspect illegal or fraudulent activity or unauthorized use.
We do not accept responsibility for any loss you or anybody else may ensue because any instructions or information sent by you or us are sent in error, fail to reach the recipient or are distorted unless such loss results from our negligence, failure to exercise reasonable skill and care, fraud or our deliberate default.
We may rely on all communications given or made by you or anyone else using your username, account number and password which we reasonably believe to have been made by you or on your behalf. You will be bound by any agreement entered into or expense incurred on your behalf in reliance upon such a communication.
We will not be responsible for any payments from your personal bank account or any loss you may suffer caused by your failure to keep your registration details confidential, your fraud or your failure to comply with these Terms and Conditions. We will not be responsible for any act, omission, failure, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system, or regulatory, governmental or supra-national body or authority, nor for any failure or any disruption to any communications systems required to operate in order for any monies to be transferred. We shall not be responsible if it is or becomes unlawful for us to give any instruction or make any payment required by these Terms and Conditions.
You agree not to adapt or circumvent the systems in place in connection with the Apollocrowd Crowdfunding Platform, nor access our systems other than by using the credentials assigned to you and by following the instructions that we have provided for that type of connection.
4.2 Services we provide to registered users
If you become a registered user for the purposes of using the Apollocrowd Crowdfunding Platform, we agree to provide you with the services set out below.
Our services will give you the ability to:
We will provide the services described above in accordance with these Terms and Conditions.
We are not authorized to, and will not:
There are no charges associated with setting up an Account, although there may be other charges if you choose to invest in an Investment. See section headed "Charges to investors" below.
You will be able to log in at any time in order to monitor your investment portfolio and/or Investments at any time through the "Log in" section of the Apollocrowd Crowdfunding Platform. Funds deposited to the Client Money Account that are not invested in an Investment, can be viewed as a credit in your Electronic Wallet.
Payments for Investments can be made by bank transfer, or by using your Electronic Wallet to use any cash standing to the credit of the Client Money Account. Capital and interest payments will be paid out into the Client Money Account and can be viewed in your Electronic Wallet.
We will carry out reasonable due diligence on all Issuers and investment opportunities before featuring them on the Apollocrowd Crowdfunding Platform. However, you should conduct your own research and analysis of an Investment and seek independent advice where appropriate. Please refer to the section headed "Reliance on information posted and disclaimer" below for more details.
4.3 Financial crime
When you become a registered user we are required by law to undertake checks to verify your identity and undertake fraud checks and we will need to ask you for details about you in order to undertake these checks. By providing us with any personal details or any details of your business, you authorize us to carry out electronic searches about you at credit reference agencies. If we cannot obtain adequate information from third party sources then we will ask you to send us certified copies (copies which have been certified as true by a solicitor or other acceptable professionally qualified individual) or originals of the relevant identification documents. This may include you providing us with your passport or driving license or scanning them for authentication by one of our partners. We may need to ask you for further information in order to complete the verification process.
If we are unable to verify your identity you will not be able to invest in any Investments.
4.4 Determining what sort of investor you are
If you intend to apply for Investments through the Apollocrowd Crowdfunding Platform, depending on the nature of the Investment, you will need to complete the following two exercises ("Categorization" and "Appropriateness"), in order for us to confirm that you understand the risks which are inherent in purchasing those Investments and ensure that you meet our investment criteria:
We will classify you as "retail client" unless otherwise discussed and agreed with you.
4.5 Your responsibilities
You agree to only continue to use your Account if the following statements are, and continue to be, true:
By accepting these Terms and Conditions you confirm that each of the statements above is true and accurate at all times during your being a registered user or (if longer) at all times that you have an outstanding interest in an Investment.
4.6 Terminating your registered user status
You can terminate your Account at any time by written notice to the following email address: info@apollocrowd.com Please include your name and address.
We can terminate your Account at any time by writing to you in the following circumstances:
Where either you or we have given notice to terminate your Account and you have an Investment which is outstanding, your Account will be suspended pending repayment or redemption of your Investment and repayment of your funds in accordance with the Investment terms and conditions (after any fees payable to us) at which stage we will close your Account. Following suspension of your Account, you will not be able apply for any further Investments but you will be able to access your account to monitor any outstanding Investments.
4.7 Registered users that are companies
We may accept a company as a registered user for certain services, if it is a private or public limited company, society or trust incorporated in Arizona. The bank account specified for the purposes of the company’s dealings with us must be an Arizona bank account in the company’s name.
The board of such a company will need to appoint a corporate representative to act on the company’s behalf as a registered user. We may also require some additional information relating to such a company to confirm that the appropriate authorities are in place, together with appropriate identity checks.
4.8 No advice given
We can execute your application to invest in an Investment but cannot advise you on what investments to make. You acknowledge and agree that we are only executing your application and we are not providing advice to you.
4.9 Applications to invest
Details in relation to each Investment will be set out in the related offer documentation provided on the Apollocrowd Crowdfunding Platform. You must always read the offer document in full to understand the offer-specific terms and conditions. We do not guarantee that there will be sufficient Investments for you to invest in, or that any Investment that you would like to buy will be available to you.
Please note that once you apply for an Investment you are expected to proceed, subject to your right to cancel during the cooling off period (see below).
In certain circumstances we may not be able to fulfil your application. This could be for a number of reasons such as, but not limited to where:
Minimum Fundraising Amounts and Maximum Fundraising Amounts will be made clear in the offer document. We will notify you once the Maximum Fundraising Amount is reached, and after the cooling off period has expired (as explained below) if you have not cancelled your application, your application to invest is unconditional and, you will be required to invest in the Investment.
You will have 3 Calendar Days from the date that you make your application to invest to change your mind, cancel your application to invest and request the return of any monies paid. Such period is referred to as the "cooling off period".
Unless you notify us that you wish to cancel your application during the cooling off period, funds will be transferred to the Issuer.
We will only transfer the money from the Client Money Account to the Issuer after the cooling off period has expired and once either the Minimum Fundraising Amount has been met or the offer (or the relevant portion of a Multiple Tranche Offer) has closed. We will notify you by email when the money has been transferred from the Client Money Account to the Issuer. This email will include any certificate related to the Investment. You must keep any certificate safe as we are not safeguarding your Investments.
When you make your application, the additional terms and conditions on which you are making that Investment will be in the offer document.
If the offer does not reach the Minimum Fundraising Target before the end of the specified period (which will be clear on the offer document), the Investment opportunity will be removed from the active Investments on the Apollocrowd Crowdfunding Platform and any applications you have made for that Investment will be cancelled. You will be notified, and any monies paid in respect of the application will be returned to you without interest.
There is currently no secondary market available through which you may sell Investments. You therefore acknowledge and agree that once you have made an Investment, it may not be possible to sell your Investment to another party.
Where you have a transferable Investment and have found a buyer for the Investment in question, that buyer must already be or must become a registered user of the Apollocrowd Crowdfunding Platform and agree to the same Terms and Conditions for membership and investment as you have. Please refer to the contractual documents (such as bond instruments) that form part of the offer document for more details on any specific transfer restrictions and remember that each Investment is different. You should consider the lack of liquidity in your decision as to whether to invest.
Where you are required to pay withholding tax on your Investment, the Issuer will deduct basic rate income tax from any interest payment. Issuers will not deduct any other tax from your Investment returns. It is your responsibility to account for any other tax and other personal taxes that may be payable to the appropriate authorities.
4.10 Paying for your Investment and receiving the proceeds of an Investment
When you apply for an Investment, and subject to the necessary identification, categorization and other checks being complete, you will be prompted to pay for the Investment via bank transfer, or transfer from the Client Money Account using any cash standing to the credit of your Electronic Wallet.
When you make a bank transfer, we will provide details of the Client Money Account and the payment reference to use for the relevant transaction. We ask you to transfer funds to such Client Money Account from your personal bank account using the payment reference provided in order that we can identify your payment and complete the transaction. This Client Money Account is for investment transactions only and is a separate account to that used for transactions relating to the day-to-day running of our business.
If we are unable to verify with reasonable certainty that a payment has come from a bank account in your name, we may return the payment to its source and will not be responsible for any delays or charges or expenses incurred by you as a result nor for any losses you may suffer including any losses that we could not reasonably have expected to occur.
We cannot complete your Investment until the full amount for your Investment has been paid by you and received in cleared funds into the Client Money Account. Payments will not be made to the Issuer until the cooling off period has expired and the Issuer has complied with all its requirements as set out in the relevant offer document and in any other documents to be entered into by it on completion of the Investment and before funds are transferred to it from the Client Money Account.
Your investment funds will be held in the Client Money Account before they are used to purchase the Investment. Any (a) income or capital return paid by the Issuer, or (b) proceeds following the realization of the Investment, before being distributed to registered users, will be held in the Client Money Account. We will deduct any of our fees and charges from the money held in the Client Money Account before returning the net proceeds to you.
We do not pay interest on any money held in the Client Money Account whether before the money is transferred to the Issuer for an Investment or after the proceeds of that Investment are returned from the Issuer to the Client Money Account.
We will, as required by applicable laws and the Financial Conduct Authority, ensure that there are appropriate arrangements in place for an alternative provider to administer the Investment on your behalf if we are no longer able to do so.
4.11 Charges to investors
We do not make charges for our services but reserve the right to introduce fees in future. Any fees and charges associated with an Investment will be clearly stated and communicated to you at the time you apply for an Investment.
Please note that we are typically remunerated by the Issuer for services we provide to the Issuer in relation to the Investment. The main fee is typically a percentage of funds raised. Details of our role and any fees will be set out in the relevant offer document. We may also share any payment received or make payments to a third party for introducing us to the Issuer or any other introductions or for research and due diligence services. Details of any arrangements with relevant third parties will be made available upon request.
4.12 Risks
Before you buy any Investment through the Apollocrowd Crowdfunding Platform, you should make sure that you fully understand the risks which are set out in the relevant offer document and conduct your own due diligence on the Investment and Issuer to determine whether the Investment is suitable for you on the basis of such information.
If the Issuer becomes insolvent you may lose some or all of your capital. If you are in any doubt about the contents of the Apollocrowd Crowdfunding Platform or any offer document and/or the action you should take, you should immediately consult an independent financial adviser who specializes in advising on the acquisition of Non-Readily Realizable Securities.
All listed Investments are medium or long term investments and your capital will not be readily realizable. Please read the risks pages in each of the offer documents in relation to the risks associated with any particular offer.
4.13 Conflicts of interest
Apollocrowd Bank considers the consideration and management of conflicts of interest to be essential to protect the integrity of Apollo Venture Concepts, its group of companies and its operations. The Apollocrowd Conflicts of Interest Policy describes the operational and administrative measures that the Apollo Venture Concepts group of companies expects will be taken to ensure that conflicts of interest, and potential conflicts of interest, are identified and prevented or otherwise properly dealt with.
All areas of the business review their operations and working relationships regularly to identify potential conflicts of interest and determine where any changes to our operations should be made to prevent conflict from arising. This might mean, for example, changing the duties or management arrangements for a co-worker whose personal or professional relationship with a customer may affect their ability to make fair and objective business decisions in relation to that customer or others.
Only where it is not possible to prevent a conflict of interest, or put measures in place to prevent your interests from potentially being harmed as a result of a conflict, we will disclose the nature of the conflict to affected customers. This disclosure will explain clearly the nature of the conflict, the measures we have put in place to manage the conflict, and the risks to your interests which exist because of this.
4.14 Best execution
Apollocrowd has a best execution policy which is available here: ^^^^^^^^^^^^^^^^
Investments available on the Apollocrowd Crowdfunding Platform are offers of new bonds or new shares to be issued by Issuers once the Minimum Fundraising Amount or target amount has been reached for the offer and the offer is closed.
Investors make applications for the bonds or shares and applications are processed on a first come, first served basis. At offer close, the Investments are issued directly by the Issuers to investors who have applied to buy these new bonds or new shares. There is no intermediary, no third party and no execution venue. Investors do not pay a fee to purchase the bonds or shares.
4.15 Communicating with you
Communications will generally be sent to you by email. However, we may telephone you to discuss matters related to you.
All documents of title, contracts and other information and documentation in relation to the Investments you make through the Apollocrowd Crowdfunding Platform will be sent to you electronically for safekeeping. You should ensure you keep any documents evidencing your title to the Investments in a safe place. Copies can be viewed and downloaded from your Apollocrowd Crowdfunding Platform Account.
On the rare occasion that we may need to send any printed documents, these will be sent to the last known postal address that we hold for you and we will not be responsible if you do not receive them for any reason.
You must inform us immediately of any changes to your personal details, including your postal address, your email address, your telephone numbers (mobile and landline) and, if relevant, your bank details.
When we receive returned mail, emails or payments, we will take reasonable steps to contact you to get your new details. However we do not have to send further communications to the old address or old email address.
You agree that all communications from the Issuer to you and from you to the Issuer shall come via us and you appoint us as your agent for these purposes.
If we send communications to you:
We will not ask for any acknowledgement of receipt from you in respect of communications sent in accordance with the above.
We may also communicate with you by publishing information on the Apollocrowd Crowdfunding Platform in which case the information will be treated as received by you when it is published, for example as and when new Investments are made available. You agree to us providing you with information, including information about the nature and risks of investments by posting that information on the Apollocrowd Crowdfunding Platform and you must check the Apollocrowd Crowdfunding Platform regularly for up-to-date information, which we may also choose to send to you by email. Information on the Apollocrowd Crowdfunding Platform is subject to change without notice.
If you need to contact us urgently, you should email us at: info@apollocrowd.com in the first instance. You can also telephone us on 1.833.276.5564. Calls to and from Apollocrowd may be recorded for training and monitoring purposes.
The language of our communications and all documents relating to the Apollocrowd Crowdfunding Platform shall be English.
4.16 What you must tell us
You agree to notify us immediately if you become aware of any of the following:
4.17 Intermediaries
If you use an intermediary in connection with your decision to invest in an Investment through the Triodos Crowdfunding Platform, your intermediary is responsible for disclosing to you their fees that relate to the advice or service that they give to you.
We may from time to time pay a commission to your intermediary on particular investments as permitted by the Financial Conduct Authority. These commissions will be fully and clearly disclosed in the relevant offer document. In applying for an Investment you are accepting all the terms and conditions set out in the offer document including any such fees or commissions.
4.18 Acting as your agent, as registrar and as security trustee
For some Investments, we may enter into any contractual documentation with the Issuer on your behalf as your agent and as registrar. We will act as registrar and as agent in respect of your Investments through the Apollocrowd Crowdfunding Platform. You authorize us to take any decisions necessary as agent in connection with both contractual documentation and other matters where we act as your agent, whether at the time the contract is entered into or during the term that the contract is outstanding. This will include any such steps as we may consider necessary, in our absolute discretion, to attempt to ensure that the Issuer complies with the terms and conditions of the underlying contractual arrangements for the Investment. We will also arrange for any capital and interest payments to be collected from Issuers and transferred to your Client Money Account. These can be seen in your Electronic Wallet and cashed out to your personal account.
This may also mean (among other things) that you (as an investor) will not be able to directly enforce any rights under the Investment against the Issuer but that any enforcement action will be taken on behalf of all investors by us or such other relevant person (acting in the capacity of agent and/or security trustee). In general, however, we will endeavor to take into account the views of investors.
If any Investment is secured, the security will be held in the name of Apollo Venture Concepts ("AVCL") (or another person nominated to hold the security) as security trustee. As security trustee, this means AVC will hold the security relating to the Investment on trust for the investors. The Investment documents will set out the terms on which A will act as security trustee.
Where an Investment is not secured but the Issuer misses a payment that was contractually due to you or only partially pays the amount due to you and the payment has not been made in full within 7 days of the due date for payment, as your agent we may (but are not obliged to) place the Issuer into default and pass the debt to a debt collection agency, who may attempt to collect the total outstanding amount immediately. Any costs and expenses incurred by us or on our behalf in seeking recovery shall be deducted from the amount realised before it is available to be returned to you.
The existence of security should not be considered to be an absolute guarantee of certain repayment in the event that the Issuer fails to meet any obligations it has to you.
5 Terms and Conditions of use for the Apollocrowd Crowdfunding Platform
5.1 Terms and Conditions of Use
Our Website terms and conditions of use are available here: ^^^^^^^^^^^
terms apply to your use of the Website including the Apollocrowd Crowdfunding Platform.
5.2 Accessing our Apollocrowd Crowdfunding Platform and availability
Access to our Apollocrowd Crowdfunding Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide via the Apollocrowd Crowdfunding Platform without notice (see below). We will not be liable if for any reason the Apollocrowd Crowdfunding Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Apollocrowd Crowdfunding Platform, or our entire Triodos Crowdfunding Platform, to users. We will try to inform you in advance of any such suspension through a general notice on the Website but this may not always be practicable.
While we endeavor to ensure that the Apollocrowd Crowdfunding Platform is normally available 24 hours a day, we cannot promise that the Apollocrowd Crowdfunding Platform will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Apollocrowd Crowdfunding Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Apollocrowd Crowdfunding Platform is discontinued, modified or changed in any way. We do not accept liability arising from any errors, omissions, interruptions of service or delays that may occur in connection with the Apollocrowd Crowdfunding Platform.
We shall not be liable for any failure, any suspension or any termination of access to the Apollocrowd Crowdfunding Platform in connection with or arising out of an event beyond our reasonable control. In these Terms and Conditions, an event beyond our reasonable control shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), computer viruses, unauthorized access, theft, operator errors, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.
You are responsible for making all arrangements necessary for you to have access to our Apollocrowd Crowdfunding Platform.
5.3 Security notice
It is important that you keep your password and username safe and secure. This is essential to help prevent fraud and protect your Account. Please make sure you do the following:
Please remember that internet communications are not secure unless the data being sent is encrypted. We cannot accept any responsibility for any unauthorized access by a third party and/or corruption of data being sent to us by email.
5.4 Your use of the Apollocrowd Crowdfunding Platform
You agree that you will not use the Apollocrowd Crowdfunding Platform in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the Apollocrowd Crowdfunding Platform or our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Apollocrowd Crowdfunding Platform security measures or attempt to do any such acts.
You accept that you are able to stop using the Apollocrowd Crowdfunding Platform at any time and at your sole discretion.
5.5 Sanctions
As soon as we are made aware of activities that breach our Terms and Conditions or our Privacy Statement, prompt action will be taken. If you witness such breaches please notify us at: info@apollocrowd.com immediately.
We reserve the right to:
in the event of breaches or suspected breaches of our Terms and Conditions or our Privacy Statement, any applicable laws or regulations, or where our rights or third party rights are threatened or infringed.
5.6 Our Apollocrowd Crowdfunding Platform changes regularly
We aim to update our Apollocrowd Crowdfunding Platform regularly, and may change the content at any time.
If the need arises, we may suspend access to our Apollocrowd Crowdfunding Platform. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
What will not change are the details of an individual offer once published. You will receive an electronic copy of all offer documents you download, and you should save the PDF as a permanent record of the investment opportunity.
5.7 Reliance on information posted and disclaimer
We shall use our reasonable skill and care to ensure that information provided on the Apollocrowd Crowdfunding Platform is correct.
Commentary and other materials posted on our Apollocrowd Crowdfunding Platform are not intended to amount to advice on which reliance should be placed. You should use the offer document as the only basis for any investment decision, together with any independent third party advice which you may receive.
Save where we have not performed our services with reasonable skill and care and as far as we are legally able to, we disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Website or Apollocrowd Crowdfunding Platform, or by anyone who may be informed of any of its contents.
Our Apollocrowd Crowdfunding Platform displays materials containing information supplied by third parties subject to the Terms and Conditions of our responsibilities. We shall not be responsible for the content of third party materials or information, except to the extent that we have expressly accepted such responsibility or that it was our legal obligation to verify such information.
None of the materials or information on the Website or on the Apollocrowd Crowdfunding Platform are intended to amount to, or should be seen as, advice, or a recommendation to buy or sell any Investment or enter into any transaction.
None of the materials or information on the Website or on the Apollocrowd Crowdfunding Platform constitute a direct offer to sell or a solicitation of an offer to purchase securities and in particular does not constitute an offering in any state, country or other jurisdiction where, or to any person or entity to whom, an offer or sale would be prohibited.
You should consider whether any Investment or transaction is suitable or appropriate for you and take such independent advice as you consider is appropriate.
We will conduct a reasonable level of due diligence on Investments Products offered via this Triodos Crowdfunding Platform. It does not, however, validate claims made by the Issuer.
5.8 Viruses, hacking and other offences
You must not misuse our Apollocrowd Crowdfunding Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Apollocrowd Crowdfunding Platform, the server on which our Apollocrowd Crowdfunding Platform is stored or any server, computer or database connected to our Apollocrowd Crowdfunding Platform. You must not attack our Apollocrowd Crowdfunding Platform via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence. We reserve the right report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Apollocrowd Crowdfunding Platform will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Apollocrowd Crowdfunding Platform or to your downloading of any material posted on it, or on any website linked to it.
6 General Terms and Conditions
6.1 Confidentiality
We will treat all your personal information as private and confidential (even when you are no longer a registered user). Information we hold about you will not be disclosed to anyone unless:
Where required by legislation or agreement with tax authorities to do so, we may disclose personal and financial details to a tax authority.
We will not give your name and address to anyone else for marketing purposes unless you provide consent for us to do so.
To ensure that we, or someone acting on our behalf, carry out your instructions accurately and for compliance and training purposes, we may monitor and/or record your telephone calls with us. Any recordings remain our sole property.
6.2 Crime prevention and debt recovery
To prevent crime, verify your identity, recover debt and to meet our legal obligations, we may exchange information (both within the UK and, where appropriate, overseas) with fraud prevention, law enforcement, debt recovery agencies and other organizations including other lenders.
If you give us false or inaccurate information and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering.
6.3 Our liability
Nothing in these Terms and Conditions shall restrict your statutory rights (including your rights to receive a reasonable standard of service), nor shall anything in these Terms and Conditions exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (or we ought to have known it might happen), including for example if you discussed it with us during the process.
We have exercised reasonable skill and care in undertaking due diligence on Investments. However, we cannot guarantee that your assessment of such Investments would be the same as ours. You acknowledge and agree that you must conduct your own independent assessment of the Investment and, unless we fail to exercise reasonable skill and care, you acknowledge and agree that we are not liable to you for any loss or damage you suffer from the results of our due diligence on Investments.
You acknowledge and agree that we will not be liable to you for any third party failures that impact you or our ability to provide services to you including, without limitation, where such failures are by the Issuer or any bank (other than us) involved in the service.
We will also not be liable for loss or damage that results from our failure to comply with these Terms and Conditions that fall into the following categories (whether direct or indirect):
However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.
The material displayed on our Website may be provided to us by third parties "as is" without any promises or commitments as to its accuracy unless expressly stated otherwise in these Terms and Conditions. To the extent permitted by law and the rules of the Financial Conduct Authority, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other Terms and Conditions which might otherwise be implied by statute, common law or the law of equity.
6.4 Your rights are personal to you
Your rights under these Terms and Conditions are personal to you and you may not transfer them to anyone else. Your obligations under these Terms and Conditions may not, without our prior written agreement, be performed by anybody else.
A person who is not a party to these Terms and Conditions will have no rights to enforce any of these Terms and Conditions.
6.5 Changes to these Terms and Conditions
From time to time we may change these Terms and Conditions. We will notify you of any material change by email. Such material changes shall not apply to applications to invest accepted prior to the date of change, until we notify you in accordance with this paragraph.
We will always make the latest version of these Terms and Conditions available on our Website. However, it is your responsibility to ensure you review these Terms and Conditions regularly to familiarize yourself with any changes.
If we decide to make any material change to these Terms and Conditions that is not to your advantage, we will give you two months’ notice of the change. The only exception is when there is a change in the law or regulations, where we will provide you with as much notice as is reasonably practicable in the circumstances, but this may be less than 30 Calendar Days.
If the changes are not to your advantage you may wish to terminate your usership. If we do not hear from you, we will consider that you have accepted the changes.
If we make any material changes to these Terms and Conditions that do not disadvantage you, we may make them immediately and tell you about them within 30 Calendar Days of having done so.
You will not be notified by email or post of incidental changes such as clarity, drafting and typographical amendments or changes to reflect the facilities offered by new functionality or services on or via the Apollocrowd Crowdfunding Platform to benefit our customers. These will be made immediately and will be available on our Website.
6.6 Severance
If any of the Terms and Conditions in these Terms and Conditions are not consistent with the law in force at the time, the terms and conditions of the law take priority.
If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
6.7 Complaints
Even though we aim to give you the best possible service and information, there may still be occasions when you wish to complain. If you have a complaint about a product or service that we offer, we would welcome the opportunity to investigate what has happened and put it right where we can. We would like to hear from you:
You can review our complaints procedure on our Website.
If you are unhappy with any product you have received from an Issuer or other third party, you should direct your complaint directly to them.
6.8 Compensation arrangements
You should note that you will not be able to claim against any compensation scheme if the Investments you make through the Platform do not perform, meaning they do not make payments or repayments in line with your expectations.
Your money will be held in a Client Money Account before it is invested in the Investment or once the proceeds of that investment are returned from the Issuer. If the bank holding the Client Money Account fails, you may have a claim under the FDIC for up to $0^^^^^^^^^^^^^. For further information about the FDIC (including amounts covered and eligibility to claim) please see the FDIC website at FDIC.com telephone the FSCS on ^^^^^^^^^^^^^^^0.
In the event of our insolvency, we may enter into arrangements with an appropriately qualified third-party service provider in order to wind up any outstanding Investments. You will be notified of any such arrangements if and when these become relevant to you.
6.9 Regulatory information
Apollo Venture Concepts LLC registered in Arizona with no. ^^^^^^^^^^^^. Registered Office: Phoenix, Arizona
6.10 Governing law and jurisdiction
These Terms and Conditions are governed by English law and you can bring legal proceedings in the English courts in relation to any claim arising from, or related to, your use of our Apollocrowd Crowdfunding Platform. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts in relation to any claim arising from, or related to, your use of our Apollocrowd Crowdfunding Platform. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts in relation to any claim arising from, or related to, your use of our Apollocrowd Crowdfunding Platform. We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
The Apollocrowd Crowdfunding Platform is intended for users in the United States in Arizona. We make no representations that the materials and Apollocrowd Crowdfunding Platform are suitable for users outside of Arizona in the United States, and if you choose to access the Apollocrowd Crowdfunding Platform from outside of Arizona in the United States you are solely responsible for ensuring compliance with all relevant local laws.
These Terms and Conditions were last updated on 18 December 2020.
Phone: 1.833.276.5564
Calls to and from Apollocrowd may be recorded for training and monitoring purposes
Investments offered on this platform are not readily realizable, which means that they may be difficult to sell and you may not get back the full amount invested. Investments are not covered by the (FDIC) and your capital is at risk and returns are not guaranteed. Repayment of capital and interest or payment of dividends will be dependent on the success of the organization’s business model and past performance isn’t a reliable indicator of future performance. You should always read the offer document in full before deciding whether or not to invest as it will cover risks specific to an individual investment. You can read more about the general risks associated with making these types of investments here. If you are unsure if any of these investments are right for you, you should contact an Independent Financial Adviser.
Risks
1.11.31.51.71.9We operate the Website, through which users can register to access the Apollocrowd Crowdfunding Platform. The Apollocrowd Crowdfunding Platform is a crowdfunding platform through which registered users can access details of, and apply to invest in, or lend to, a variety of Issuers. Such opportunities could include bonds, loan agreements, shares or other investments, each of which will be detailed in related offer documents on our Apollocrowd Crowdfunding Platform.
These Terms and Conditions govern the relationship between you and us when you access and use our Apollocrowd Crowdfunding Platform. By accessing the Website, applying to be a registered user of the Apollocrowd Crowdfunding Platform and by continuing to use Apollocrowd Crowdfunding Platform, you agree to be legally bound by these Terms and Conditions.
3.1"we"means your user account on the Apollocrowd Crowdfunding Platform held with us;
We have the right to disable access to an Account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
We will not be responsible for any payments from your personal bank account or any loss you may suffer caused by your failure to keep your registration details confidential, your fraud or your failure to comply with these Terms and Conditions. We will not be responsible for any act, omission, failure, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system, or regulatory, governmental or supra-national body or authority, nor for any failure or any disruption to any communications systems required to operate in order for any monies to be transferred. We shall not be responsible if it is or becomes unlawful for us to give any instruction or make any payment required by these Terms and Conditions.
If you become a registered user for the purposes of using the Apollocrowd Crowdfunding Platform, we agree to provide you with the services set out below.
make investments and pay for Investments by bank transfer;
advise you about the merits of a particular transaction; or
When you become a registered user we are required by law to undertake checks to verify your identity and undertake fraud checks and we will need to ask you for details about you in order to undertake these checks. By providing us with any personal details or any details of your business, you authorize us to carry out electronic searches about you at credit reference agencies. If we cannot obtain adequate information from third party sources then we will ask you to send us certified copies (copies which have been certified as true by a solicitor or other acceptable professionally qualified individual) or originals of the relevant identification documents. This may include you providing us with your passport or driving license or scanning them for authentication by one of our partners. We may need to ask you for further information in order to complete the verification process.
If you intend to apply for Investments through the Apollocrowd Crowdfunding Platform, depending on the nature of the Investment, you will need to complete the following two exercises ("Categorization" and "Appropriateness"), in order for us to confirm that you understand the risks which are inherent in purchasing those Investments and ensure that you meet our investment criteria:
The board of such a company will need to appoint a corporate representative to act on the company’s behalf as a registered user. We may also require some additional information relating to such a company to confirm that the appropriate authorities are in place, together with appropriate identity checks.
4.9In certain circumstances we may not be able to fulfil your application. This could be for a number of reasons such as, but not limited to where:
We will only transfer the money from the Client Money Account to the Issuer after the cooling off period has expired and once either the Minimum Fundraising Amount has been met or the offer (or the relevant portion of a Multiple Tranche Offer) has closed. We will notify you by email when the money has been transferred from the Client Money Account to the Issuer. This email will include any certificate related to the Investment. You must keep any certificate safe as we are not safeguarding your Investments.
Where you have a transferable Investment and have found a buyer for the Investment in question, that buyer must already be or must become a registered user of the Apollocrowd Crowdfunding Platform and agree to the same Terms and Conditions for membership and investment as you have. Please refer to the contractual documents (such as bond instruments) that form part of the offer document for more details on any specific transfer restrictions and remember that each Investment is different. You should consider the lack of liquidity in your decision as to whether to invest.
When you apply for an Investment, and subject to the necessary identification, categorization and other checks being complete, you will be prompted to pay for the Investment via bank transfer, or transfer from the Client Money Account using any cash standing to the credit of your Electronic Wallet.
Your investment funds will be held in the Client Money Account before they are used to purchase the Investment. Any (a) income or capital return paid by the Issuer, or (b) proceeds following the realization of the Investment, before being distributed to registered users, will be held in the Client Money Account. We will deduct any of our fees and charges from the money held in the Client Money Account before returning the net proceeds to you.
Charges to investors
Risks
4.13 Conflicts of interest
4.14 Best execution
4.15On the rare occasion that we may need to send any printed documents, these will be sent to the last known postal address that we hold for you and we will not be responsible if you do not receive them for any reason.
If we send communications to you:
What you must tell us
receipt by you of a confirmation of a purchase, or of a completed transaction, which you did not place;
For some Investments, we may enter into any contractual documentation with the Issuer on your behalf as your agent and as registrar. We will act as registrar and as agent in respect of your Investments through the Apollocrowd Crowdfunding Platform. You authorize us to take any decisions necessary as agent in connection with both contractual documentation and other matters where we act as your agent, whether at the time the contract is entered into or during the term that the contract is outstanding. This will include any such steps as we may consider necessary, in our absolute discretion, to attempt to ensure that the Issuer complies with the terms and conditions of the underlying contractual arrangements for the Investment. We will also arrange for any capital and interest payments to be collected from Issuers and transferred to your Client Money Account. These can be seen in your Electronic Wallet and cashed out to your personal account.
The existence of security should not be considered to be an absolute guarantee of certain repayment in the event that the Issuer fails to meet any obligations it has to you.
Our Website terms and conditions of use are available here: ^^^^^^^^^^^
Access to our Apollocrowd Crowdfunding Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide via the Apollocrowd Crowdfunding Platform without notice (see below). We will not be liable if for any reason the Apollocrowd Crowdfunding Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Apollocrowd Crowdfunding Platform, or our entire Triodos Crowdfunding Platform, to users. We will try to inform you in advance of any such suspension through a general notice on the Website but this may not always be practicable.
5.3Keep your username and password secret. This includes (but is not limited to) taking the following precautions: (1) destroying any password notification immediately after receipt from us; (2) never writing your password or username details in a way that might be understood by someone else or recording them on any item or in any place that might be accessed by someone else; (3) taking all reasonable care to ensure that no one sees your password or username when you use them.
You accept that you are able to stop using the Apollocrowd Crowdfunding Platform at any time and at your sole discretion.
We reserve the right to:
Commentary and other materials posted on our Apollocrowd Crowdfunding Platform are not intended to amount to advice on which reliance should be placed. You should use the offer document as the only basis for any investment decision, together with any independent third party advice which you may receive.
None of the materials or information on the Website or on the Apollocrowd Crowdfunding Platform constitute a direct offer to sell or a solicitation of an offer to purchase securities and in particular does not constitute an offering in any state, country or other jurisdiction where, or to any person or entity to whom, an offer or sale would be prohibited.
Viruses, hacking and other offences
6 General Terms and Conditions
we are legally required to disclose;
6.26.3We have exercised reasonable skill and care in undertaking due diligence on Investments. However, we cannot guarantee that your assessment of such Investments would be the same as ours. You acknowledge and agree that you must conduct your own independent assessment of the Investment and, unless we fail to exercise reasonable skill and care, you acknowledge and agree that we are not liable to you for any loss or damage you suffer from the results of our due diligence on Investments.
loss of business;
Your rights under these Terms and Conditions are personal to you and you may not transfer them to anyone else. Your obligations under these Terms and Conditions may not, without our prior written agreement, be performed by anybody else.
From time to time we may change these Terms and Conditions. We will notify you of any material change by email. Such material changes shall not apply to applications to invest accepted prior to the date of change, until we notify you in accordance with this paragraph.
If we make any material changes to these Terms and Conditions that do not disadvantage you, we may make them immediately and tell you about them within 30 Calendar Days of having done so.
If any of the Terms and Conditions in these Terms and Conditions are not consistent with the law in force at the time, the terms and conditions of the law take priority.
Even though we aim to give you the best possible service and information, there may still be occasions when you wish to complain. If you have a complaint about a product or service that we offer, we would welcome the opportunity to investigate what has happened and put it right where we can. We would like to hear from you:
You should note that you will not be able to claim against any compensation scheme if the Investments you make through the Platform do not perform, meaning they do not make payments or repayments in line with your expectations.
Regulatory information
These Terms and Conditions are governed by English law and you can bring legal proceedings in the English courts in relation to any claim arising from, or related to, your use of our Apollocrowd Crowdfunding Platform. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts in relation to any claim arising from, or related to, your use of our Apollocrowd Crowdfunding Platform. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts in relation to any claim arising from, or related to, your use of our Apollocrowd Crowdfunding Platform. We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
Calls to and from Apollocrowd may be recorded for training and monitoring purposes
Investments offered on this platform are not readily realizable, which means that they may be difficult to sell and you may not get back the full amount invested. Investments are not covered by the (FDIC) and your capital is at risk and returns are not guaranteed. Repayment of capital and interest or payment of dividends will be dependent on the success of the organization’s business model and past performance isn’t a reliable indicator of future performance. You should always read the offer document in full before deciding whether or not to invest as it will cover risks specific to an individual investment. You can read more about the general risks associated with making these types of investments here. If you are unsure if any of these investments are right for you, you should contact an Independent Financial Adviser.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum