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Investown Technologies s.r.o., IN: 086 67 144, with its registered office at InovaÄŤnĂ 122, Hodkovice, 252 41, ZlatnĂky-Hodkovice, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 322874 (hereinafter referred to as the "Provider"), hereby provides the following information to consumers interested in crowdfunding services provided through the Investown platform available at www.investown.cz and through the Provider’s mobile application (hereinafter referred to as the "Platform") and in concluding an investment agreement (hereinafter referred to as the "Investment Agreement").
Additional information not included in this information, as well as a more detailed description of the Platform and the Services provided by the Provider, are included in the Terms and Conditions of the Investown crowdfunding Platform available at www.investown.cz (the "Terms and Conditions"). Capitalized terms not defined herein have the meaning ascribed to them in the Terms and Conditions.
Information about the Provider
The Provider’s main line of business is the operation of the crowdfunding Platform, through which Users can provide each other with funds in the form of Loans for the purposes of financing individual Projects posted on the Platform. The Client communicates with the Provider primarily through the Platform and the Client Account, if set up. The Client may also contact the Provider at support@investown.cz (hereinafter referred to as the "Provider's Contact E-mail Address") and at + 420 731 921 511. Unless the circumstances of a particular case justify otherwise, the Provider will usually answer the Client's questions within seven days.
The Provider's activities are governed by the laws of the Czech Republic. The Provider has an unqualified trade license issued by the Municipal Office of Černošice, with its registered office at Podskalská 1290/19, 120 00 Prague 2, and is subject to this Municipal Office’s trade inspection. The Provider provides its Services in compliance with the EU’s directly applicable legislation, in particular, Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (hereinafter collectively referred to as the "ECSPR").
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Client Account and Investment AgreementÂ
Unless the Provider allows otherwise, the Client must register on the Platform in order to be able to use the Platform. For these purposes, the Client must provide the Provider with the information and documents specified in the Terms and Conditions and create a password. Before completing the registration, the Client is provided with the draft Investment Agreement, the Terms and Conditions, the Loan Terms and Conditions, the Price List and the Personal Data Protection Policy. The Client is required to read these documents and is not allowed to make any changes in the draft Investment Agreement.
The Investment Agreement is a commission agreement between the Provider as the commission agent and the Client as the principal pursuant to Section 2455 et seq. of the CC. The Terms and Conditions and the Price List constitute an integral part of the Investment Agreement. The Investment Agreement is concluded via the Platform as a means of remote communication and signed electronically by entering an authorization code that the Client will receive from the Provider as an SMS message to his or her telephone number provided during registration.
The registration is completed after the Investment Agreement is concluded. Once the completed registration is confirmed by the Provider, a Client Account is created. The Client may have only one active Client Account on the Platform. All subsequently created Client Accounts may be deleted by the Provider without prior notice. Furthermore, the Provider may, at its sole discretion, refuse to register the Client, impose additional requirements for the Client’s registration or change the existing requirements or the registration process at any time. The Provider may refuse the Client's registration, impose additional registration requirements or limit the services available to the Client through the Platform, in particular, if the Client's statements made in connection with the registration prove to be false, incomplete or misleading.Â
The Investment Agreement is concluded for an indefinite period of time, and the Provider will communicate with the Client and provide the Client with information and documents in the Czech language during the term of the Investment Agreement.
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Withdrawal of the Client from the Investment Agreement and Termination of the Investment Agreement by NoticeÂ
The Client has the right to withdraw from the Investment Agreement without giving any reason within 14 days of the day of its conclusion, which means that the withdrawal notice must be sent before the expiry of the 14-day time limit. The Client must withdraw from the Investment Agreement in writing, i.e. by e-mail sent to the Provider's Contact E-mail Address. The Client cannot withdraw from the Investment Agreement, if he or she has already provided funds through the Platform as a Loan that is ongoing.
If the Client withdraws from the Investment Agreement in a timely and effective manner, the Provider will remit the Client’s funds, which are shown on the Client Account and have not yet been provided as a Loan through the Platform, to the account, from which they were sent, within 20 days of the day of receipt of the withdrawal notice. The Provider has the right to charge fees for the Services provided to the Client prior to withdrawal in the amount specified in the Price List.
The Investment Agreement may also be terminated based on a 14-day notice from the Client or the Provider in the manner described in the Terms and Conditions without giving any reason. The Provider may also terminate the Investment Agreement by notice based on the fact that the Provider stopped providing the Services or because of a material breach of the Client's obligations due to which the Provider blocked the Client Account in compliance with the Terms and Conditions, provided that the Client failed to comply with the conditions for deblocking the Client Account or to object to the blocking within a one-month time-limit or the objections were rejected by the Provider.
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Payment Method and Method and Time of the Provider’s ServicesÂ
A non-cash payment method is used to pay for the Services, and the Client's transactions are mainly carried out through the Investown wallet on the Client Account.
The Provider will procure a specific Investment based on the Client’s Investment Instruction made through the Platform and the Client Account. The Client may cancel the Investment Instruction the same way it was given, during a reflection period that is specified in Article 22(3) of the ECSPR and expires after four calendar days of the day the Investment Instruction was given. If the Client does not cancel the Investment Instruction or the Investment Instruction is not cancelled in some other way specified in the Terms and Conditions, the Provider will procure the specific Investment once the Offer Period successfully ended and the Project Owner fulfilled the conditions for receiving the Loan pursuant to Article 7.6 of the Terms and Conditions. The Provider's Services include not only Investment procurement but also Platform operation, Client Account maintenance and Investment management and are provided on an ongoing basis during the term of the Investment Agreement.
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The Price of Services and the Client’s Tax LiabilityÂ
The price of the Services is primarily governed by the Terms and Conditions and the Price List available on the Provider's website, www.investown.cz, in the "Fees" section. The total price of the Services cannot be determined in advance as it will depend on the number and size of Investments, duration, proceeds and other services provided to each Client individually. The Provider will not withhold from the proceeds and other transactions any taxes or other charges that are or should be paid to the state or third parties under applicable laws unless such an obligation is expressly imposed by applicable law or by a decision of a court or other public authority.
The Provider hereby informs the Client that, in addition to the costs specified in the Price List, the Client may incur other costs in connection with using the Platform and Services provided by the Provider, which stem from the Client’s individual legal status, are not included in the fees charged by the Provider and for which the Client alone is responsible (e.g. the obligation to pay income tax or any other tax or mandatory levy). The tax scheme depends on the Client's individual situation and may change over time. The Provider does not provide any tax advice and recommends to the Client to check with a tax advisor in case of any doubts regarding the taxation of the Services provided through the Platform.
The Provider is not a participant in the Securities Traders Compensation Fund or any other compensation fund under the Financial Market Compensation System.
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Supervisory Authority, Oversight and Complaint HandlingÂ
If the Client has a complaint regarding the Platform or any Services provided by the Provider, he or she may contact the Provider by e-mail sent to the Provider's Contact E-mail Address. The Client is notified within 10 days that his or her complaint was received. The Provider will handle the complaint within 15 days of its receipt or its completion necessary to include all essential information. If it is not possible to respond within this time limit due to obstacles beyond the Provider's control, the Client will be notified about it within 15 working days of receipt of the complaint. The Provider will then respond within 35 working days of receipt or completion of the complaint. In the event that the Client does not agree with how the Provider handled the complaint, the Client may contact the supervisory authority, which is the Czech National Bank. To the extent defined by law, the Provider's activities may also be subject to supervision by the Czech Trade Inspection Authority.
Any dispute between the Provider and the Client concerning the use of the Platform and the related Services and functions will be resolved exclusively by a competent court of the Czech Republic. The jurisdiction of other courts is not allowed. The Client may also turn to an out-of-court dispute resolution body, which is the Financial Arbitrator, with its registered office at Legerova 1581, 69 Nové Město, +420257042070, www.finarbitr.cz or, depending on individual circumstances, the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 796/44, 110 00 Prague 1, e-mail: adr@coi.cz, web adr.coi.cz, or may use the European online dispute resolution platform operated by the European Commission.
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Additional InformationÂ
The Provider also points out in particular to the following risks of using the Services:Â
There may be certain risks associated with the use of crowdfunding services, including the Loans provided to finance Projects through the Platform, which are detailed in the Terms and Conditions;
No return on provided funds and no proceeds from the provided Loan are guaranteed;
The Provider does guarantee to the Client as a consumer any return on provided funds and any proceeds from the Loan; and
The previous return on funds does not guarantee an equal or greater return in the future.Â
The information provided by the Provider to the Client prior to the conclusion of the Investment Agreement is valid until any potential change, which affects this information, is made in the Investment Agreement, the Terms and Conditions or the Price List in the manner specified in these documents.Â
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This information is valid as of 1 January 2024
