Terms of use

Crowdfunder.co.uk Terms of Use

1 Introduction

1.1 Welcome to Crowdfunder.co.uk (“Crowdfunder.co.uk”). Crowdfunder.co.uk is operated and owned by KEO PF.it Ltd (“we”, “us” or “our” as appropriate). We may make Crowdfunder.co.uk available through a number of channels. It is currently available through the website at www.Crowdfunder.co.uk.

1.2 Any use of Crowdfunder.co.uk and any content accessed or downloaded from Crowdfunder.co.uk (including any content posted by users) will be governed by these Terms of Use and any other documents referred to within these terms (‘Terms’). You should therefore read them carefully to understand your rights and liabilities before using Crowdfunder.co.uk.

1.3 If you do not want to be bound by these Terms please do not access, use and/or contribute to Crowdfunder.co.uk or interact with any registered users of Crowdfunder.co.uk (“Community Members”).

1.4 We may change these Terms from time to time. Any changes will take effect seven (7) days after the date of our e-mail to you notifying you of a change or the date on which we post the modified terms on Crowdfunder.co.uk, whichever is the earlier. Your continued use of Crowdfunder.co.uk after these Terms have been changed will be treated as acceptance by you of the updated or amended Terms. If you do not agree to the changes, you must cease using Crowdfunder.co.uk.

These Terms of Use contain twenty one sections.  You can view each section by selecting the links below: 

INTRODUCTION

ABOUT Crowdfunder.co.uk

CREATING AN ACCOUNT

YOUR ACCOUNT

SUPPORTING A PROJECT

REWARDS

FEES

REFERRALS

COMMUNITY RULES

YOUR CONTENT

OUR CONTENT

MISUSE OF Crowdfunder.co.uk

OUR PRIVACY POLICY

LINKS

THIRD PARTY SOFTWARE

EXCLUSIONS AND LIMITATION OF OUR LIABILITY

INDEMNITY

USER COMPLAINTS

DISPUTES BETWEEN Crowdfunder.co.uk COMMUNITY MEMBERS

GENERAL

GOVERNING LAW AND JURISDICTION

CONTACT US

2 About Crowdfunder.co.uk

What we do

2.1 Crowdfunder.co.uk provides a platform through which Community Members can become ‘Supporters’ of projects (posted by ‘Project creators’) by funding them, or contributing their time or skills. The Project creators offer unique rewards in exchange for this support. In addition, the platform also provides you with a fantastic opportunity to build a community around your project, promoting it on the platform and on linked social media sites, to your friends, family and supporters.

What we don’t do

2.2 We do not verify the identity of anyone who becomes a member with Crowdfunder.co.uk nor the information they provide about their project or themselves. We cannot therefore give any guarantee that any of the Community Members are who they say or that the information they provide is accurate, complete or true. We therefore make no recommendation in relation to any Community Members or their projects.

2.3 We do not have any involvement in the activities of Community Members nor in any arrangements you make with others through Crowdfunder.co.uk. We therefore do not accept any responsibility for the nature or quality of the performance of a project, nor that any Community Member will do what they promise to do. The activities and arrangements you make are solely private and made directly between the individuals concerned. Accordingly, when using Crowdfunder.co.uk, you take full responsibility for your arrangements with other Community Members whom you contact and the nature, terms and extent of your arrangement with them.

3 Creating an account

3.1 You are free to browse Crowdfunder.co.uk without creating an account. However, in order to obtain the full benefit of Crowdfunder.co.uk’s features and interact with Community Members you must register and become a Community Member.

3.2 You must be 18 years of age or older to create an account with Crowdfunder.co.uk and there must be no reason why you should not be in contact with any other Community Member.

3.3 When you create an account with us you will be asked to “accept” the Terms and, on doing so, you will be deemed to have consented to and will be bound by these Terms.

3.4 Alternatively, you can skip the standard registration process and create an account with us in either one of the following ways:

3.4.1 by logging in, using the username and password you have set up with energyshare or another service that may be affiliated to Crowdfunder.co.uk in the future (our “Sister Services”); or

3.4.2 by linking to your Facebook account using the ‘Facebook Connect’ facility.

By signing in to Crowdfunder.co.uk using your login details from our Sister Services, Facebook Connect or any other third party authentication facility (e.g. an Open ID) you are agreeing to be bound by these Terms.

4  Your account

4.1 You must ensure that all the information you provide when you register as a Community Member is true, accurate, current and complete in all respects.

4.2 You must notify us immediately of any change to any of the information you have previously given us by updating your information in your profile page of Crowdfunder.co.uk.

4.3 If you are joining Crowdfunder.co.uk your registration is for your personal use only.

4.4 Please do not share your registration details with any other person as you will be held responsible for all activities that occur under your password or account with or without your knowledge. By registering on Crowdfunder.co.uk, you confirm that you will treat your login details as confidential. If you have any concerns regarding your login details or become aware of any misuse then you must inform us immediately by contacting us at support@crowdfunder.co.uk 

5 Supporting a project

If a Supporter elects to support a project financially, he/she will be led directly to GoCardless or PayPal to arrange for payment of amount of his/her pledge. Please see [GoCardless terms and conditions] for the terms and conditions that will apply to that pledge.

5.1 With GoCardless, essentially, the Supporter will be asked to set up a direct debit mandate from his/her account. If a project achieves 100% of its funding target within the funding timescale, GoCardless will debit an amount equivalent to the Supporter’s pledge and release those funds to the Project Creator. If 100% of the target funding is not achieved within that timescale no funds will be taken from Supporters in respect of that project.

5.2 With PayPal The processing fee is 20 pence per transaction plus 1.9% of the amount transferred – so, for example, if a Supporter wants to put £10 into a Project, they will be charged £10.51 or if a Supporter wants to put £100 into a Project, the charge will be £101.60 (i.e. the processing fee element is proportionately lower if the whole sum is deposited in a single transaction). Monies are held in a separate account at our bank. This account has been set up to hold money belonging to Supporters until a project reaches its target. If a project achieves 100% of its funding target within the funding timescale, PayPal forward an amount equivalent to the Supporter’s pledge (minus our fees) to the Project Creator. If 100% of the target funding is not achieved within that timescale funds will be refunded to the Supporter. The processing fees cannot be returned to the Supporter.

5.3 Please be aware that we do not at any time receive or hold any GoCardless monies that are contributed by Supporters to a project. We are not therefore responsible for any transaction involving a contribution of funds, nor the issue of refunds.

5.4 Where a Supporter elects to support a Project by offering his time or skills to the Project creator, the Supporter and Project creator take full responsibility for making all their arrangements in relation to the provision of that time and any associated services.

5.5 The Project creator agrees to use all funding raised for his/her project only in respect of the project and that such funding will not be used for any other purpose.

5.6 If you choose to support a project, you acknowledge that your contribution (whether financial or otherwise) does not entitle you to any rights in or to that project, including without limitation any ownership, control, or intellectual property rights.

Crowdfunder.co.uk is a platform where Project Owners run campaigns to fund projects by offering rewards to raise money from Supporters. By creating a fundraising campaign on Crowdfunder.co.uk, you as the Project Owner are offering the public the opportunity to enter into a contract with you. By backing a fundraising campaign on Crowdfunder.co.uk, you as the Supporter accept that offer and the contract between Supporter and Project Owner is formed. Crowdfunder.co.uk is not a party to that agreement between the Supporter and Project Owner. All dealings are solely between Users.

By backing or creating a fundraising campaign on Crowdfunder.co.uk, you agree to be bound by this entire Agreement, including the following terms:

6 Rewards

6.1 Project creators offer rewards (e.g. products, services, experiences) to their Supporters, in exchange for their support. Project creators agree that such rewards will be non-monetary and will not breach any applicable laws.

6.2 If a project has been successfully funded, the Project creator takes full responsibility for fulfilling all obligations he/she undertakes in respect of his/her project, including arranging for and delivering any agreed rewards within any agreed timeframe.

6.3 For some rewards, the Project Owner needs further information from Supporters, such as a mailing address or t-shirt size, to enable the Project Creator to deliver the rewards. The Project Owner shall request the information directly from Supporters at some point after the project is successful. To receive the reward, Supporters agree to provide the requested information to the Project Owner within a reasonable amount of time.

Crowdfunder.co.uk is not liable for any damages or loss incurred related to rewards or any other use of the Service. Crowdfunder.co.uk is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Crowdfunder.co.uk does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Crowdfunder.co.uk, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

7 Fees

7.1 Registering an account with Crowdfunder.co.uk. is free.

7.2 GoCardless fees: We and GoCardless do charge fees to Project creators if they are successful in reaching their target funding within their target timescale. These fees are collected by GoCardless and are deducted from the total funds that are payable to a Project creator. The remainder of funds is then paid out by GoCardless to the Project creator.

7.3 PayPal fees: The PayPal fees are paid by the Supporters. These fees are collected by PayPal when a supporter backs a Project. The remainder of funds is then paid out by PayPal to the Project creator.

7.4 You are responsible for paying all fees and applicable taxes associated with your use of Crowdfunder.co.uk. In the event we remove your Project from Crowdfunder.co.uk as a result of your breach of these Terms, all fees paid will be non-refundable.

7.5 Value Added Tax is assessed on the above fees, not the total funds raised. The VAT charge is 20% of fees, approximately 1-2% of total funds raised. Our VAT number is 162895181.

8 Referrals

8.1 Referral partners can be used on any project at time of submission

8.2 Unique referral number must be given at time of project submission and cannot be added retrospectively

8.3 There are no limits to the amount of projects that can be attached to one referral number.

8.4 Projects must be 100+% successful before any referral fees can be paid out.

8.5 Referral fees are 50% of the fees charged to project owners, not including the transaction charges.

8.6 Referral partners must make Crowdfunder.co.uk aware that they are owed money by contacting them via email (support@crowdfunder.co.uk)

8.7 Referral fees will be paid by direct bank transfer or cheque, this is left to Crowdfunder.co.uk's discretion. Payment will take a maximum of two weeks after notification via email (support@crowdfunder.co.uk).

8.8 Referral partners may be used as case studies in the future, by signing up you consent to this.

9 Community rules

9.1 Obviously we positively encourage Community Members to make full use of Crowdfunder.co.uk. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the rules set out below:

9.1.1 You agree to ensure that:

9.1.2  You may not:

10 Your content

We want your project to look as good as possible so we reserve the right to upload a new project image for you if we feel it will better promote your project.

Contributing UGC

10.1 Any content which you and other users post or contribute to Crowdfunder.co.uk, including any Project content, and comments posted by users in connection with Projects is generally known as “user generated content” or “UGC” for short. The following provisions sets out how we and other users may use your UGC and how you can use their UGC

10.2 Any content which you and other users post or contribute to Crowdfunder.co.uk, including any Project content, and comments posted by users in connection with Projects is generally known as “user generated content” or “UGC” for short. The following provisions sets out how we and other users may use your UGC and how you can use their UGC.

10.3 You retain all your rights of ownership (including intellectual property rights) in the UGC you post to Crowdfunder.co.uk, but by uploading it, you are giving a warranty to us and to other users that:

Who can use your UGC and how they can use it

10.4 When you contribute UGC to Crowdfunder.co.uk you are granting:

all in connection with the promotion of your UGC and the provision of Crowdfunder.co.uk,

In addition to the above, we may disclose your personal information to third parties:

Your permitted use of UGC posted on Crowdfunder.co.uk:

10.5 You are free to:

provided that

11 Our content

11.1 Our content includes any information or other material found on Crowdfunder.co.uk, including databases, graphics, software, trademarks and all other features of Crowdfunder.co.uk, though not UGC

11.2 We make certain of our content available for your use under a creative commons licence. This content is identified by the following logo:cc logo. If the content is not marked with this logo, then it is made available on our standard licensing terms below.

Our content which is available under a Creative Commons licence

You should read the licence in full to understand its terms, but in short if our content is identified by a creative commons logo, then you are free:

provided that

Our content –standard licensing

11.3 If any of our content is not identified by the Creative Commons logo, you are free to download any individual page of that content onto one computer hard drive or, print only one copy of such page or view any video or images provided you keep intact all and any copyright and proprietary notices and do not edit the same. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent. 

12 Misuse of Crowdfunder.co.uk 

12.1 We do not monitor the use of the Crowdfunder.co.uk, internal communications between Community Members nor content uploaded by them, so we do rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Crowdfunder.co.uk please contact us at support@crowdfunder.co.uk

12.2 We reserve the right (but we are not obliged) to do any or all of the following:

12.2.1 record the content (including any communications) posted via Crowdfunder.co.uk or in our communication systems;

12.2.2 investigate a claim that any one or more items of content do not conform to the Terms and remove or request the removal of the content;

12.2.3 remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;

12.2.4 terminate a user's access to post content, to list a Project or to the Crowdfunder.co.uk community;

12.2.5 monitor, edit, or disclose any content;

12.2.6 edit or remove any content posted on Crowdfunder.co.uk, regardless of whether such content breaches these Terms;

12.2.7 suspend or terminate your access to Crowdfunder.co.uk.

12.3  If you disagree with a decision made by us, you should e-mail your appeal to support@crowdfunder.co.uk. You must not use any community facilities to dispute or argue about any decision we make.

12.4  Any decision we make to remove or request the removal of any content or to terminate or suspend the account of any Community Member shall be final and binding. The termination or suspension of an account shall apply to any and all user accounts that may have been used by that individual whether or not opened by that individual

13 Our Privacy Policy

13.1 We take your privacy very seriously. Please read our Privacy Policy to see how the personal information that you provide to us is dealt with. For information on how you are to treat other users’ personal information, please click here.

14 Links

Linking from

14.1 You acknowledge that Crowdfunder.co.uk may include links to third party websites. We do not review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability.

14.2 We do not therefore endorse or make any representations about them, or any content found there, or any results that may be obtained from using them.

14.3 If you decide to access any of these third party websites, you do so entirely at your own risk.

14.4 If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their privacy policy before you provide any personal information.

Linking to

14.5 You may link to Crowdfunder.co.uk, provided:

14.6  We reserve the right to withdraw linking permission at any time without prior notice.

15 Third party software       

15.1 You acknowledge that you may need to download and activate certain software in order to use certain content provided on Crowdfunder.co.uk. This software will be clearly identified on Crowdfunder.co.uk.

15.2  In order to use such third party software or technology you will have to explicitly accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.

16 Exclusions and limitations of liability

16.1 Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence, or for any other liability that cannot be limited or excluded by law.

16.2 We promise that we will operate Crowdfunder.co.uk with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. Due to the risks inherent in all connections and transfers via the Internet, we do not make any promises about the availability of Crowdfunder.co.uk or any services made available through it. In particular we disclaim any liability in connection with any technical problems you may experience with Crowdfunder.co.uk which may result in interruptions to Crowdfunder.co.uk or the service it delivers, or any bugs or viruses in Crowdfunder.co.uk, the server that makes Crowdfunder.co.uk available or the content made available through Crowdfunder.co.uk. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Crowdfunder.co.uk are free from such contaminations or other harmful properties.

16.3 We do not review project listings, profiles, or any posted links nor are we involved in any arrangements made between users. The listing of projects on Crowdfunder.co.uk and the uploading of information relevant to those projects by Community Members do not constitute any form of recommendation, representation, endorsement or arrangement by us.

16.4 Any information posted via the functionality available on Crowdfunder.co.uk is the opinion of the person posting only. As such you accept that if you do rely on the information posted, you do so at your own risk.

16.5 You will not hold us responsible for any loss you may incur as a result of us taking any of the actions described in paragraph 11 (Misuse of Crowdfunder.co.uk) of these Terms nor for other users' or Crowdfunder.co.uk Community Members’ actions or inactions, including breach of these Terms.

16.6 Occasionally we are unable to perform our obligations under these terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, war, power failure or failure of telecommunications lines, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms.

16.7 WE WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR: (I) ANY LOSS OF BUSINESS, BARGAIN, DATA, PROFIT, GOODWILL, REPUTATION, OPPORTUNITY OR ANY OTHER INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS IN CONSEQUENCE OF ANY BREACH OF THESE TERMS; or (II) ANY DIRECT LOSS, IN EXCESS OF THE TOTAL AMOUNT OF FEES YOU PAID TO US UNDER THESE TERMS IN THE CALENDAR YEAR IN WHICH THE CLAIM IS MADE WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS,OR IF NO FEES WERE PAID, £100 PER CLAIM OR SERIES OF CLAIMS ARISING FROM ONE INCIDENT.

16.8 We can't accept the following: Projects that involve fund my life or personal gain, loans, investments, property, equity, personal health and medical expenses or court cases. Projects that are also listed on another crowdfunding platform at the same time as ours. Any project that isn't able to offer rewards. A pitch from anyone under the age of 18. Please read our full guidelines here.

17 Indemnity

17.1 You agree to only use Crowdfunder.co.uk in accordance with these terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of: (i) any breach by you of these Terms; (ii) any breach by you of any laws; and (iii) any liability we incur as a result of your use of Crowdfunder.co.uk and/or any other service we provide by any other person using your log in details.

18 User complaints

18.1 We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues straightaway, so please email us to tell us how we can help. 

If you have any complaints, please contact us via e-mail or by post at 11 Cliff Road Newquay, TR7 2NE and we will try to resolve them.

What you'll need to tell us so that we can help you


What we'll do to resolve your complaint


And once we've dealt with your complaint, we'll go back and see what we can learn from your experience.

19 Dispute resolution between Crowdfunder.co.uk community members

19.1 Any arrangements you make with Community Members via Crowdfunder.co.uk are solely private matters, between the individuals concerned. We therefore do not become involved in disputes between Community Members. We will of course co-operate fully with any law enforcement authorities in any investigations arising out of your dispute and provide them with any information we are required to.

20 General

Severability

20.1 If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these terms shall not be affected and shall remain in force.

Entire agreement

20.2 These Terms govern our relationship with you and represent our entire agreement with you.

Assignment

20.3 This agreement is personal to you. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Waiver

20.4 If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

Exclusion of third party rights

20.5 These Terms do not create any right enforceable by any person who is not a party to this agreement.

21 Governing law and jurisdiction

21.1 This agreement between us will be concluded in English. Any disputes or claims between us arising out of or in connection with the agreement are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with this agreement, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute.  Nothing in this paragraph shall deprive you of any right you have as a consumer to bring proceedings in another legal jurisdiction.

22 Contact us

Crowdfunder.co.uk is owned by KEO PF.it Limited.  You can contact us at:

11 Cliff Road Newquay, TR7 2NE or email.

KEO PF.it Limited is registered as a company in England and Wales. Its company number is 07831511.

Posted: [8 - April - 2014]

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