T&C – General information about shares and electronic payment methods on the investor platform
Frequently asked questions about credit card payment on the platform
The Treasure Hunters SA company guarantees that the fact of the agreement's being entered into via the Internet has no incidence on its contractual performance. In other words, the process of acquiring shares is not modified.
Given the nature of the services provided on the platform, the performance of those services does not raise any particular problem, whether the method used is account-to-account transfer or electronic payment with a credit card or PayPal.
Credit card - legal aspects and their application in the Treasure Hunters SA platform
A credit card is defined as a payment instrument assuring payment upon presentation, with which goods and services may be obtained without remitting cash. The fact of using the credit card for electronic payment does not change the legal aspects of its use compared to conventional payment.
For investors to understand the specific working and principle of this system, Treasure Hunters SA provides a brief summary of how the three-party relation in a credit card agreement works.
Note that this is the most frequently used system in e-commerce. It has at least one additional participant called contractual company that makes a commitment to the credit card issuer to provide a service to the cardholder upon presenting the card. Contractually, this system may be seen as three relationships: between the cardholder and the contractual company, between the cardholder and the card issuer, and between the card issuer and the contractual company. The first is a monetary relationship that led to the use of the credit card. It is used to pay for the goods or service provided by the contractual company, which may result from various types of contracts. The second relationship, called coverage, is a credit card agreement under which the cardholder obtains goods and services upon presenting the card and undertakes to repay the card issuer the amount spent with the credit card (or to have sufficient funds in the account). The third relationship is a merchant agreement whereby the contractual company commits to providing its goods or services upon presentation of the card without receiving cash payment.
Article 1 - Number of shares issued by the company Treasure Hunters SA
Pursuant to the terms of Article 621 and 622 of the Code of Obligations, the aforementioned company has issued 10 million shares at a par value of 1 Swiss franc cent each. This value does not in any way determine the actual worth of the share. The latter is generally known as market or venal value. The market (venal) value of the share will grow in correlation to Treasure Hunters SA's investments and expansion. The applicable threshold will be determined based on demand and supply.
Article 2 – Share purchase and attestation
Investors who purchase Treasure Hunters SA company shares will receive a certificate by email. The certificate will remain available on the platform at all times, so that the shareholder can view it at any time.
Besides, Treasure Hunters SA undertakes to implement extremely stringent security measures to avoid, to the maximum possible extent, any forgery by third parties that would harm the company's and the shareholders' interests. This is an official document.
Article 3 - Right of access to the profit & loss statement and balance sheet
According to Art. 697A(1) of the Code of Obligations, all shareholders regardless of the number of shares they have purchased, have the right to view the profit & loss statement and balance sheet of the Treasure hunters SA company.
To make to easier for shareholders to use their prerogative to view these documents, the company undertakes to publish the balance sheet with the financial statements online on the investor platform, once they have been closed and adopted by the General Meeting.
Article 4 – Right of first refusal
This right grants all shareholders priority over any other person or entity to purchase the shares sold by a shareholder. They will exercise that right via the investor platform At present, shareholders who wish to sell any of their shares in the company must first make a request by email to firstname.lastname@example.org.
This will lead to the implementation of a system that will make it easier for the shareholders to exercise their right of first refusal.
Article 5 – Shareholders' voting rights
As a rule, voting rights are determined according to the share of capital owned by the shareholder, within the meaning of Art. 692(1) of the Code of Obligations. Nonetheless, in keeping with Art. 692(2) of the CO, each shareholder shall have the right to at least one vote.
Article 6 – Payment terms
Investors may use electronic payment means, with PayPal, using their credit card, or making an account-to-account wire transfer.
Article 7 – Caution and exclusion of liability
The Treasure Hunters SA company cautions the credit card holder about several points.
First, the latter must exercise due diligence when acquiring shares, even though by making the payment, he or she will automatically acquire a shareholder status.
Lastly, Treasure Hunters SA declines all responsibility in case of excessive use and purchase of shares by a person who does not have the wherewithal to make such purchases.
Article 8 – Related costs and problems with payments
Treasure Hunters SA shall not be charged any expenses in relation to card use fees, costs of reminders, or any other costs for subsequent lawsuits filed by the card issuer against the cardholder owing to the latter's inability to make payment.