WELCOME TO OUR SITE! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE
These terms together with the documents and schedules referred to in it and the Disclaimer/s on our website, constitute our “Terms” and they tell you the terms on which you may make use of our website www.crowdcrusader.com (“our site”). Use of our site includes accessing, browsing, registering to use our site and these Terms apply to your use.
We recommend that you print a copy of these Terms for future reference.
By using our site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, please do not use our site.
Other applicable terms
These Terms refer to and incorporate the following additional terms, which also apply to your use of our site:
-The Disclaimer (www.crowdcrusader.com/disclaimer), published on our site.
-The schedule of Crowdfunding Terms, attached below, which sets out the additional terms applicable when you create and/or participate in crowdfunding projects through our site, including your receipt of promotional services from us in relation to your crowdfunding project.
Information about us
www.crowdcrusader.com is a site operated by Crowd Crusader Limited ("we" “us”). We are registered in Ireland under company number 557696 and have our registered office at 163 Lower Kimmage Road, Kimmage, Dublin 6W, Ireland. Our main trading address is 163 Lower Kimmage Road, Kimmage, Dublin 6W, Ireland. Our VAT number will be notified to you in advance when relevant. We are an Irish Private limited company with two Directors, Jamasheed Motafram (British) and Sebastien Pratt (British).
Changes to these terms
We may revise these Terms at any time by amending this page. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.
Please check these from time to time to take notice of any changes we made, as they are binding on you.
Accessing our site
With the exception of some interactive elements of our site to which payments may apply (as further described in our Crowdfunding Terms below) our site is made available free of charge.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures and/or when you register to use particular elements of our site (including, in particular, when you register to participate in crowdfunding activities), you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. Although we make reasonable efforts to update the information on our site, we are under no obligation to moderate it and we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date and/or that content, provided by users of our site, is acceptable.Furthermore, we do not guarantee that our site, or any content on it, will be free from errors or omissions.
Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law or other applicable law (if any).
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
-use of, or inability to use, our site; or
-use of or reliance on any content displayed on our site.
Please note that we only provide our site for domestic and private use unless otherwise agreed by us in writing.Therefore, if you are a business user, we will not be liable to you for:
-loss of profits, sales, business, or revenue;
-loss of anticipated savings;
-loss of business opportunity, goodwill or reputation; o
-any indirect or consequential loss or damage.
Whether you are a business user or a consumer user, you agree not to use our site for any commercial or business purposes and accept that we have no liability to you for any losses relating to your business activities, as described above.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of your participation in crowdfunding activities on our site if and to the extent that different limitations and exclusions are set out in the Crowdfunding Terms below.
Uploading content to our site
Whenever you create a crowdfunding campaign, make comments and/or make use of any other feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the additional terms, in particular the Content Standards, that are set out in our Acceptable Use terms below.
By making such a contribution, you are warranting that any such contribution by you does comply with those standards and you agree and accept that you will be liable to us and will indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage that we suffer as a result of your breach of this warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us, and other users of our site, a limited licence to use, store and copy that content and to distribute and make it available to third parties for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
As stated in our Disclaimer/s and elsewhere in our Terms, we will not be responsible or liable to you or to any third party for the content or accuracy of any content posted by you or any other user of our site.
As already stated elsewhere in our Terms, we have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use terms below.
The views expressed by other users on our site do not represent our views or values.
As already stated in our Disclaimer/s, we do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under applicable computer misuse legislation. We will 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 site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use terms below.
If you wish to make any use of content on our site other than that set out above, please contact us by email email@example.com.
You may use our site only for lawful purposes.You may not use our site:
-In any way that breaches any applicable local, national or international law or regulation.
-In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
-For the purpose of harming or attempting to harm minors in any way.
-To send, knowingly receive, upload, download, use or re-use any material which breaches our Content Standards (as set out below), or any other reasonably required standards concerning content. (For example, you must not make statements and/or upload content that, is or might reasonably be considered to be, untrue and defamatory and/or promoting acts of terrorism).
-To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
-To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
-Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms;
-Not to access without authority, interfere with, damage or disrupt:
on any part of our site;
on any equipment or network on which our site is stored;
on any software used in the provision of our site; or
on any equipment or network or software owned or used by any third party.
We provide a variety of interactive services on our site which, from time to time and without limitation, may include crowdfunding facilities, comment sections, Facebook interconnectivity and sharing features (the “interactive services”).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
As already stated in our Disclaimer/s, we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, please note that, unless we notify you otherwise, we do not monitor or moderate any interactive service we provide on our site and we are under no obligation to oversee, monitor or moderate any such interactive service or content provided by users whether or not breaches are notified to us.Furthermore, we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not and whether or not breaches are notified to us.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
If and when we notify you that we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (your contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
-Be accurate (where they state facts).
-Be genuinely held (where they state opinions).
-Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
-Contain any material which is defamatory of any person.
-Contain any material which is obscene, offensive, hateful or inflammatory.
-Promote sexually explicit material.
-Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
-Infringe any copyright, database right or trade mark of any other person.
-Be likely to deceive any person.
-Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
-Promote any illegal activity.
-Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
-Be likely to harass, upset, embarrass, alarm or annoy any other person.
-Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
-Give the impression that they emanate from us, if this is not the case.
-Advocate, promote or assist any unlawful act including copyright infringement, computer misuse or terrorism.
Suspension & Termination:
We will determine, in our discretion, whether there has been a breach of these Acceptable Use terms through your use of our site.When a breach of these terms has occurred, we may take such action as we deem appropriate:
-Immediate, temporary or permanent withdrawal of your right to use our site.
-Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
-Issue of a warning to you.
-Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
-Further legal action against you.
-Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in these Acceptable Use terms are not limited, and we may take any other action we reasonably deem appropriate. You also accept that we are not responsible for the results of actions reasonably taken by us under these Terms in response to your breaches of these Acceptable Use terms.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
The schedule of Crowdfunding Terms, attached below, sets out the additional terms applicable when you create and/or participate in crowdfunding projects through our site, including your receipt of promotional services from us in relation to your crowdfunding campaign.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law unless and to the extent that other local law applies. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.
This schedule sets out the additional terms that apply when you participate in crowdfunding projects on our site.These additional terms apply to your creation of crowdfunding projects and/or to the donations or other contributions you make in support of projects and to the promotional services that we provide in relation to such projects.
In the event of a conflict between the Terms above and the additional terms below in relation to your participation in a crowdfunding project on our site, the terms below shall apply.
1. Crowdfunding with www.crowdcrusader.com
We are a community driven website where registered members (“Members” or “Community Members”) can (i) raise awareness and finance for their projects (each, a “Campaign” of which they are the “Owner”) and/or (ii) act as a backer (a “Backer”) by making donations (each, a “Donation”) in support of Campaigns.By doing this and providing tips and other guidance, we facilitate agreement between Campaign Owners and Backers for Donations on terms agreed between them, subject to the ‘ground rules’ that we put in place to act as safeguards for the benefit of all Community Members.
After the creation of a Campaign by an Owner, we will provide additional services to the Owner to promote awareness of their Campaign goals, subject to the amount of finance raised by such Campaign, the Campaign Owner’s instructions and, where funding targets are not met, at our discretion.The cost of such additional, promotional services shall be paid by the Owner using the finance raised by the relevant Campaign.Such payments and all such additional services are subject to and described further in the Additional Services–Terms, which are set out below.
Other than as mentioned above, we do not have any involvement in any arrangements Community Members make with each other through our site.As stated in our Disclaimer/s and, except to the extent set out in the Additional Services – Terms below, we do not accept any responsibility for the nature or quality of a Campaign’s performance nor do we promise that any Community Member, whether Campaign Owner or Backer, will do as they promise. The arrangements you make are solely private and the contracts relating to Campaigns and Donations are made directly between the individual parties concerned. Accordingly, when using our site, you take full responsibility for your arrangements with other Community Members whom you contact and the nature, terms and extent of your arrangements with them and obligations to them.
We are under no obligation to you to verify the identity of anyone who becomes a Community Member nor to verify the information they provide about their Campaign or themselves. We cannot therefore give any guarantee that any of the Community Members are who they say they are or that the information they provide is accurate, complete or true. Consequently, and despite our involvement with particular campaigns from time to time as described above, we make no representations and accept no additional liability in relation to any Community Members or their Campaigns.
2. Campaign Owners
Creating and updating Campaigns
You must be 16 years and over to start the Campaign.
Once you have registered as a Community Member, you can create and post details of your Campaign to a publically accessible webpage on our site (your “Campaign Profile Page”) using the functionality we provide.Your Campaign Profile Page will allow you to provide information about your Campaign, describe the intended outcome of your Campaign and encourage Backers to make Donations to your Campaign, the proceeds of which will be used to pay for our promotion of such Campaign for you (as further described below).
A minimum funding target is calculated by us and the funding period is chosen by you.The minimum initial funding period is 14 days and there is no maximum.Minimum funding targets and funding periods may be extended by us by reference to the popularity of a Campaign or otherwise at our discretion.
At all times, your Campaign must comply with our Acceptable Use terms, as set out in the Terms above, and otherwise comply with all applicable laws.We reserve the right to remove Campaigns and/or to terminate Community Members’ accounts where we reasonably believe their activities to be in breach of such requirements.
You may not raise funds via another online crowdfunding or similar platform during the funding period of your Campaign and all Donations from Community Members must be made through our site. Unless we specifically agree otherwise in writing, you are not obliged to raise funds for your Campaign exclusively via our site which means you are free to raise funds using other means and channels and source of finance.
Your Campaign may take up to 3 working days before it goes live and your Campaign Profile Page is made available on our site.
Once your Campaign is live, you can edit the information provided subject to our Acceptable Use terms, you may post additional content and other material (e.g. promotional material, such as a video containing your pitch) to your Campaign Profile Page and post Campaign updates to keep Backers updated on the performance of your Campaign.
You may withdraw a Campaign at any point before the end of the initial funding period. Once you have done so, you will not be entitled to services and/or any Donations and will not be able to resume that Campaign at a later date whilst retaining any of the Donations you had received at the time of withdrawal.
Whilst we are under no obligation to monitor or moderate the content or use of our site, we reserve the right to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason, including in situations where we reasonably believe there to be illegal activity.In particular, Campaigns or Donations that are flagged to us as fraudulent by Backers or our third party payment providers will be subject to review. If we find fraudulent Donations have been made to your Campaign, we may cancel those Donations and the details of the associated Backer from your Campaign Profile Page. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph and you agree and accept such exclusion of liability.
Fees payable by Campaign Owners and Use of Funds
Donations are made via a third party payment facility on our site and we are not responsible for the performance of such facility or for any third party credit card processing services.
Campaigns will be allocated the donated funds immediately upon our receipt of payment after we deduct applicable Irish VAT currently 23% of Donation will be deducted.
Creating a Campaign and publishing details of the Campaign on our site is free of charge to Campaign Owners. We also do not charge fees to Backers.
Fees are payable in advance for the additional promotional services that will be provided by us in relation to a Campaign.By using the crowdfunding facilities of our site, Campaign Owners are deemed to accept the obligation to pay applicable fees for those additional promotional services and agree that payment to us may be automated in relation to donated funds received in relation to the Campaign. Campaign Owners must refrain from using our crowdfunding facilities and the resulting promotional services if such fees and automated payments are not acceptable.Fees payable to Crowd Crusader Limited is based on the Campaign Owners level of Participation selected on our Campaign Form.We charge the following fees on donated monies:-
- Full Hands Off is equal to 12%
- Content & Strategy is equal to 8%
- Full Control is equal to 5%
Changes to fees (if any) will be effective after we post notice of the changes in our Terms. Updated fees are applied to Campaigns launched after the notice is posted.
Campaign Owners are responsible for paying all taxes associated with their use of the services.
Sums donated by a Backer may fail clear when their payment is processed and you acknowledge that their payment of Donations is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Campaign Owner for their failure to receive any funds which a Backers attempted to donate in relation to their Campaign(s) via our site.
In the event we are unable to verify any information to our satisfaction regarding a Campaign, Campaign Owner and/or Backer, we may delay, withhold, cancel or refund any Donations or other amounts without giving any notice to you and do so without incurring any liability to you.
Campaign Owners may also contact us to cancel any Donation for any reason and at any time before the each funding period ends.
If you have NOT reached the funding target at the end of the crowdfunding period, you will still be entitled to receive any Donations actually paid by Backers for the Campaign except that the promotional services that you’ve requested will be varied, at our discretion, to reflect the sums actually received.
Campaign Owners’ Obligations
As a Campaign Owner, you are responsible for ensuring that:
(a) any funds received from Backers are used solely and directly for the purposes of promoting the Campaign with a view to achieving the Campaign’s goals, as described in your Campaign, and that such Campaign is not pursued for any other purposes;
(b) you meet all commitments you make in your Campaign;
(c) you promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Backer;
(d) you do not use any personal information we share with you in connection with a Backer for any reason other than contacting them in relation to the Campaign for which they have made a Donation;
(f) you promptly contact and work with Backers to reach a mutually satisfactory resolution, which may include refunding their Donations if you are unable to fulfil any of your commitments;
(g) you comply with all applicable laws and regulations in relation to your Campaign, your use of Donations;
(h) you are responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of our site, the Donations you receive; and
(i) you do not take (or you refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on our site or on having any funds from Donations for the promotion of such Campaign until the funds have been received and clearer into our bank account.
By using the third party payment facility provided via our site to receive Donations to your Campaign, you also agree to be bound by the additional terms imposed by such third party in relation to such use, the details of which shall be made known to you by such third party.For example, they might require Campaign Owners to include a disclaimer on the Campaign Profile Page that you will use your best efforts to fulfil your campaign targets but that “outcomes are not guaranteed."
Types of contribution
Backers can contribute to a Campaign by:
(a) making a Donation; and/or
(b) offering their time and skills to a Campaign Owner by sending a private message to them using the internal messaging feature on our site. If you offer your time and skill you do so at your own risk and will be solely responsible for any arrangements you make with Campaign Owners in connection with the provision of the services that you offer;and/or
(c)] submitting comments, supporting evidence and other relevant information on the comments section of a Campaign Profile Page, sharing that page with your social media contacts and/or participating in any other interactivity with the page that is offered by our site, subject always to our Acceptable Use terms, as set out in the Terms above.
You acknowledge that your contribution to a Campaign (whether financial or otherwise) does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.
Making a Donation
Once you have registered as a Community Member, you can make a Donation by visiting the Campaign Profile Page of a Campaign, selecting the amount you wish to contribute then submitting payment using the payment facility provided.
If you would like to make Donations in relation to a large numbers of Campaigns, please contact us by email at email@example.com before making a Donation.
Your username will be made publicly available in connection with each Campaign for which you make a Donation under the ‘Backers’ tab of the Campaign Profile Page.
Payment of Your Donation
After payment of your Donation, we hold all the donated amounts in a separate account on behalf of the Campaign for payment of the fees applicable to the marketing and promotion of the Campaign.
Fees payable by Backers
A processing fee may be charged by our third-party payment provider. Please note that if you are paying in a currency other than your banking currency you may also be charged additional fees by the third-party payment provider when making payment. If in doubt, please check their website for details of such fees before making any Donations.
Cancelling a Donation and Refunds
You may cancel a Donation without charge if you have notified us by email at firstname.lastname@example.org within 48hrs of your donation and you will receive a refund of your Donation, whether or not the Campaign has reached its crowdfunding target at that time.
If you notify us after 48hrs of your donation, your right to cancel does not apply and you agree and accept that the usual period, applicable to consumer cancellation rights, is shortened accordingly. This does not otherwise affect your statutory or legal rights. Advice about these rights is available from your local Citizens' Advice Bureau or Trading Standards office. Please see the terms below for further details regarding the contract between Campaign Owners and Backers.
As a Backer, you shall:
(a) ensure that you have sufficient funds or credit available for the payment of the Donation/s made by you;
(b) promptly respond to a Campaign Owner if and when you receive a request for information reasonably required by the Campaign Owner in relation to your Donation;
(c) comply with the terms and conditions for the payment processing services provided by our third party payment providers (please see paragraph above, entitled Payment Methods, for further details regarding those providers and the applicable terms and conditions); and
(d) ensure that any funds used to make Donations will not result in a breach of applicable law.
4. Other important terms
The contract between Campaign Owners and Backers
The contract relating to the provision of funds from Donations and the corresponding pursuit of the Campaign targets will be made solely between a Campaign Owner and Backers, subject always to these terms. By making a Donation, a Backer is making an offer to enter into a contract with the applicable Campaign Owner.
The following steps have to take place before a contract is made between the Backer and the Campaign Owner:
(a) after signing into their account the Backer makes a Donation by submitting their payment details for processing and clicking “Send Contribution” thus accepting the obligation to pay. Before making their Donation, the Backer will have the opportunity to review the Donation amount and, if necessary, to amend these details;
(b) the Backer will see an on-screen acknowledgement of their Donation; and
(c)the Campaign Owner accepts the Backer’s offer of the Donation and the Backer receives an email, confirming details of the Donation made, to the email address provided by the Backer.
A binding contract for the payment of the Donation is created between the Campaign Owner and the Backer when a donation is made.We send the confirmation email to the Backer, on behalf of the Campaign Owner (which the Campaign Owner agrees and accepts that it authorises us to do on its behalf) to confirm the acceptance of the Backer’s offer.The Campaign Owner and the Backer also accept that this contract is not conditional upon the funding target being met, which means that the Donation is payable immediately regardless of whether that Campaign eventually meets its funding target, subject to the Backer’s right to cancel such Donation.
Interest on Donations
Any interest on Donations or other funds held by us shall accrue to our benefit and neither Campaign Owners nor Backers shall be entitled to such interest in relation to distributed funds or refunded Donations.
Publication and sharing of personal information relating to Backers with Campaign Owners
We publish only the username of each Backer on the Campaign Profile Page and where the commenting feature is utilised.
Our Liability re: Crowdfunding
For the avoidance of doubt, participation in the crowdfunding activities of our site constitutes acceptance by Backers and Campaign Owners of the limitations to our liability for all such matters, as described in more detail in our Terms above unless and except to the extent that liability is expressly addressed otherwise above and in the terms of service below.
THE ADDITIONAL SERVICES - TERMS
Formation of Contract For Additional Services
The contract between a Campaign Owner and us for the provision of our additional, promotional services in relation to their Campaign, is formed on the date on which we publish the Campaign confirming the minimum funding target and/or funding period and confirm the fees payable in advance by the Campaign Owner for our promotional services (the “marketing service start date”). Such contractual obligations, accepted by us for the provision of those promotional services, is conditional upon our receipt of the applicable fees in advance of those services, unless otherwise agreed in writing by us.
Duration of the Contract for additional services
The contract for such additional services continues indefinitely unless and until terminated in accordance with the termination provisions below.
From the marketing service start date (defined above), we shall provide promotional services for the Campaign (the “additional services,” the “promotional services”) in the following manner:(a) as instructed by the Campaign Owner when the Campaign was created or (b) where funding targets are not met, in a manner and to an extent determined by us using our discretion and by reference to (i) what we reasonably consider to be appropriate for the promotion of that particular Campaign, (ii) Donations received by that Campaign and (iii) the preferences indicated by the Campaign Owner when the Campaign was created.More details about the range of services that may be requested are available to Campaign Owners at any time upon request at email@example.com.In addition, we shall:
maintain the third party online payment facility via which Backers may pay their Donations;
promote the Campaign, as described above;
The parties agree that our provision of the additional services is subject to and dependant on:
the Campaign Owner contributing to the reliability of information on the site by ensuring that its Campaign Profile Page contains all information reasonably required concerning the Campaign, Donations to that Campaign and that such content is regularly updated,
the Service Provider having and maintaining, at its own cost, internet access and up-to-date computer hardware and software (including virus protection) suitable for accessing and interoperating with Campaign pages and the additional services.
We agree to carry out our additional, promotional activities, on behalf of the Campaign Owner, with reasonable care and skill and in accordance with generally recognised commercial practices and standards.You agree that other warranties, conditions or terms implied by law or custom shall not apply to such services.
Additional Limitations of Liability applicable to the additional services
In addition to the limitations and provisions set out in the Terms above, our aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with our provision of the additional services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed either of the following, as appropriate: (i) a sum equal to the fees paid to us by the Campaign Owner in relation to that calendar year or, (ii) where no fees were paid or payable, the sum of £200.
The Campaign Owner shall indemnify us against all damages, losses and expenses arising as a result of (i) any action or claim of infringement of a third party’s intellectual property rights and/or (ii) any breach of Campaign Owner’s warranties or other obligations under the contract between us.
As already described above and for the avoidance of doubt, no contract shall exist between us and Backers in relation to the provision of our promotional services and we are under no obligation to take instructions from Backers in relation to those services for the Campaign to which they have made a Donation.
Intellectual property rights - the additional services
In addition to the intellectual property provisions set out in the Terms above, the parties agree that all intellectual property rights created by us in relation to the promotional services and related materials, are and shall remain the property of Crowd Crusader Limited.For the avoidance of doubt, the Campaign Owner is not granted any licence in such property.
Termination of Additional Services
Without affecting any other right or remedy available, we may terminate the contract for the provision of promotional services with immediate effect by giving written notice if:
where relevant, the Campaign Owner fails to pay applicable fees when due to us;
the Campaign Owner commits a material breach of any terms applicable to the Campaign and the promotion of itwhich breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
the Campaign Owner repeatedly breaches any of the terms applicable to Campaigns and/or any use of our site in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to such terms;
any warranty given by the Campaign Owner under applicable terms is found to be untrue or misleading.
an Event Outside Our Control has continued for a period of more than 7 days.
On termination of the promotional services:
We shall promptly suspend public access to the Campaign’s pages on our site and shall proceed to delete its content accordingly.
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our promotional services that is caused by an Event Outside Our Control.An Event Outside Our Control is defined below.For the avoidance of doubt, you agree that nothing in this clause shall remove your liability to pay fees due (if any) for the services received by you from us.
An Event Outside Our Control means any act or event beyond that party’s reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties (whether or not relating to your or our workforce), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, national emergency, fire, explosion, storm, flood, earthquake, any other inclement weather, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, an inability or delay in obtaining supplies of adequate or suitable materials, restraints or delays affecting carriers or any other impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.