TERMS & CONDITIONS
TECHNOFUNDING TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These Terms, together with any documents referred to in it, tells you the terms and conditions on which you may make use of our Site, whether as a Visitor, a Project Funder or a Project Creator. Use of our Site includes accessing, browsing, or registering to use our Site. We may revise any part of these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.
Please read these Terms carefully before you start to use our Site, as these will apply to your use of our Site. 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, you must not use our Site.
Throughout these Terms the following definitions will apply:
“Donation” means an amount pledged by a Project Funder to fund a certain Project;
“Donation Reward” means the non-cash good or service which a Project Creator may, in his/her discretion, supply to a Project Funder in the event that a Project meets its Funding Target;
“Funding Target” means the target amount of money which a Project Creator requires in order to fund its Project as more particularly detailed on our Site;
“Project” means a technology project requiring funding by Project Funders which the Project Creator places on our Site in accordance with these Terms;
“Project Creator” means a person who, requiring funding, registers with us and sets up a Project on our Site;
“Project Deadline” means 60 days or a time agreed and approved by us;
“Project Funder” means a person who wishes to make a Donation to a Project and registers on our Site;
“Site” means our website, www.technofunding.com;
“Terms” means these Technofunding Terms and Conditions;
“Visitor” means all persons who visit and use our Site, whether registered or unregistered, a business or a consumer, including those persons who choose to become Project Funders and Project Creators; and
“We”, “Us”, “Our” means Technofunding Ltd.
These Terms are divided into four sections:
Technofunding is the operator of the platform www.technofunding.com and all its subdomains. For an outline of the services provided by Technofunding, please read the “What is Technofunding” page at https://www.technofunding.com/faq.
In using our Site you also agree to abide by the following additional terms:
Information about us
Changes to our Site
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. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
Accessing our Site
Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. 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 our Terms and other applicable terms and conditions, and that they comply with them.
Confidentiality of 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, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any Visitor 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 Visitor identification code or password, you must promptly notify us at email@example.com
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, save to the extent such intellectual property is owned or licensed by a Project Funder or a Project Creator in accordance with our terms and conditions as set out in Sections Two and Three respectively. Intellectual property rights in works on our Site 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 Project Funders and Project Creators, 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, our licensors or the relevant Project Funder or Project Creator. 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
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
Limitation of our liability
In respect of Visitors, 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. 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:
If you are a business Visitor, please note that in particular, we will not be liable for:
If you are a consumer Visitor, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Additional limitations and exclusions of liability will apply to liability arising as a result of your becoming a Project Funder or Project Creator which will be set out in Section Two and Section Three respectively.
Uploading content to our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other Visitors of our Site, you must comply with the content standards set out in our Acceptable Use Policy below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Subject to any terms and conditions which may be applicable under Section Two or Section Three, any content you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content 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.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Visitor of our site. 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 Policy below. The views expressed by other Visitors on our site do not represent our views or values.
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 the Computer Misuse Act 1990. 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 and your Project page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Subject to any terms and conditions which may be applicable under Section Two or Section Three:
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 Policy below. If you wish to make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org.
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.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our Site. This acceptable use policy applies to all Visitors to our Site. Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms.
You may use our Site only for lawful purposes. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. You may not use our site:
You also agree:
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings incurred by us arising from any use or misuse by you of this Site, whether as a Visitor, Project Funder or Project Creator.
We may from time to time provide interactive services on our site such as chat rooms or bulletin boards (“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). We will do our best to assess any possible risks for Visitors (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, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a Visitor in contravention of our content standards (as set out below), whether the service is moderated or not.
No-one under the age of 18 years may become a Project Funder or a Project Creator. If you are under the age of 18 years and wish to make a Donation, you must do so by requesting assistance from a consenting adult. The use, as a Visitor, 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 foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where 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 (contributions), in whatever capacity as a Project Funder or Project Creator, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:
Contributions must not:
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of our Terms under which you are permitted to use our site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
While this Site is intended for UK residents, it may be used by residents of other jurisdictions. Visitors to our Site in jurisdictions outside the UK should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, Visitors should ensure that they are able to use our Site without contravention of legal restrictions in the jurisdiction in which they reside.
These Terms, its subject matter and its formation, (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
SURVIVAL OF RIGHTS
All provisions of these Terms which either expressly or impliedly survive termination or expiry of these Terms shall survive termination or expiry, including but not limited to Terms regarding warranty disclaimers, indemnities and limitations of liability.
SECTION TWO – ADDITIONAL TERMS FOR PROJECT FUNDERS
This section relates to your obligations and responsibilities as a Project Funder, both to us and to any Project Creator. Registering as a Project Funder is free and will give you the ability to make a Donation.
Once registered, you will be given access to the Technofunding platform enabling you to make Donations to any Project. You agree that these terms and conditions only apply to any Donations you make through our Site and shall not apply to any other sums you give to a Project Creator other than through our Site, whether by way of donation or otherwise.
Technofunding reserve the right to accept or refuse any registration request and Project Funder status may be revoked at any time without notification.
Payments, charges and refunds
Once you have committed to make a Donation you can make payment in one of three ways:
All payments will be subject to a 5% fee and any additional fees payable to our payment partners. Project Funders paying by Paypal or through CreditCard Org will be required to accept those third parties’ terms and conditions and we accept no responsibility or liability in respect of any payments made other than to our trustee service account. In respect of any direct losses arising from our acts or omissions purely in relation to our trustee service account, our liability to you is limited to the value of your Donation pledged through our accounts. We accept no liability for any indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of our Site or any information contained therein.
Once a Project deadline has passed, provided a Project has achieved its Funding Target, all Donations will be passed to the Project Creator. In the event that a Funding Target is not reached you will receive your Donation back from the entity to which you originally made payment and any such payment will be in accordance with any terms which you agreed with the relevant payment partner. In respect of any payment made via Paypal, Paypal’s terms and conditions should stipulate that your money will only be debited from your account upon attainment of the Funding Target. Should this not be the case, please contact Paypal directly. Please note that, depending upon the payment mechanism you choose, there may be handling fees and additional charges may still be payable in the event that the Funding Target is not reached and your money is returned, so you should be aware that you may not receive back the same amount you paid. In respect of monies paid into our trustee service accounts, we will endeavour to ensure moneys are returned within a reasonable period of time. Please note we cannot guarantee time frames in respect of refunds processed by our payment partners as the times for payment of such refunds are outside our reasonable control.
You may cancel your account at any time by contacting us at email@example.com . We may cancel your account by sending you notice to the email address you provided if you commit any breach of these Terms.
Donation Rewards are goods or services you may be offered in return for your Donation to a Project. Project Creators will offer a Donation Reward and such Donation Rewards will only be distributed to Project Creators upon the Project achieving its Funding Target. Project Funders understand and agree that there is no obligation upon Project Creators to offer Donation Rewards which have any monetary value.
Project Creators will supply Donation Rewards to Project Funders directly and we will play no part in the transfer of such Donation Rewards. We make no representations or warranties regarding the timely delivery, appearance, quality, adequacy or suitability of any Donation Reward which are the sole responsibility of the Project Creator. By participating in a Project you acknowledge that we are not responsible and shall bear no liability if for any reason the Project Creator fails, whether in whole or in part, to supply a Donation Reward associated with a Project.
Risks of Donating
We are committed to providing a secure platform for Project Funders to provide financial support to technology Projects placed on our Site. The profiling of Projects on our Site should not be taken as endorsement.
We accept no liability for, and do not control the activities of, Project Creators. By agreeing to make a Donation towards a Project on our Site, you understand, acknowledge and agree that we make no representation or warranty in relation to the activities of the Project Creators and accept no liability for any loss arising as a result of any Project Creator’s acts or omissions. We make no projections as to the anticipated performance of any Project and make no assurances as to the extent to which a Project Creator will be able to achieve their objectives, in respect of which we accept no liability.
You are aware, acknowledge and agree that it is not intended that anything stated on our Site should be construed as investment advice or as an invitation or inducement to engage in investment activity and the Projects on our Site and the communications made on or through our Site are not regulated financial promotions for the purposes of the Financial Services and Markets Act 2000.
You accept and agree that when you make a Donation you are entering into a Project Contract with a Project Creator. Each Project Creator with a Project on our Site agrees and accepts the terms of the Project Contract with you. The terms of the Project Contract, which constitutes a direct agreement between you and a Project Creator, are set out in the Schedule below.
SECTION THREE – ADDITIONAL TERMS FOR PROJECT CREATORS
This section relates to your obligations and responsibilities as a Project Creator, both to us and to any Project Funder. Registering as a Project Creator is free and will give you the ability to set up a Project to raise funding.
Once registered, you will be given access to the Technofunding platform enabling you to set up your Project. You agree that these terms and conditions only apply to any Project you set up on our Site and shall not apply to any other methods of raising funds you undertake other than through our Site, whether by way of donations or otherwise.
Technofunding reserve the right to accept or refuse any request to set up any Project and Project Creator status may be revoked at any time without notification.
We will assist you with creating your Project and approve it before publishing on our Site. You should describe your Project with as much detail as possible, indicating the idea, goal, timeline, financing data and the Project’s budget. You must offer at least one Donation Reward to all Project Funders in the event that your Project is successfully funded. We will have no control over the Project but reserve the right to vet the Project before publication and whilst it is on our Site. We reserve the right to remove the Project if necessary to protect the rights of third parties. If it is necessary to request a change to the Project we will inform you of any issues and you will have the opportunity to clarify or correct its content.
Should you wish to change any aspect of your Project you must send it to us for review. Changes may be possible to correct errors in content or for clarification. You may not publish it until it has been re-approved. If any change incurs additional cost to us you will be liable for any payment.
Payments, charges and refunds
Once your Project has met its Project Target you will receive your Donation monies from one of three sources:
All Donations will be transferred less a 5% fee and any additional fees payable to our payment partners.
In the event that a Funding Target is not reached you will unfortunately not receive your Donation monies and the Donations will be returned to your Project Funders via the channels from which they were originally made. Any such payments will be in accordance with any terms which the Project Funder agreed with the relevant payment partner. Please note that the handling fees and potentially the additional charges will still be payable by your Project Funders in the event that the Funding Target is not reached and so it is possible they will not receive back the same amount they paid. You are advised to make this explicit on your Project page.
We will endeavour to ensure Donation moneys are paid within a reasonable period of time but cannot guarantee time frames in respect of any Donation moneys processed by our payment partners as the times for payment of such funds are outside our reasonable control. In respect of any direct losses arising from our acts or omissions purely in relation to our trustee service account, our liability to you is limited to the value of any Donations that have been pledged through our accounts. We accept no liability for any indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of our Site or any information contained therein.
You may cancel your account at any time by contacting us at firstname.lastname@example.org . We may cancel your account by sending you notice to the email address you provided if you commit any breach of these Terms. If you cancel your account, any Project you have set up on our Site shall immediately be removed.
Donation Rewards are goods or services you may offer in return for your Project Funder’s Donation to your Project. You must provide at least one Donation Reward to all Project Funders upon your Project achieving its Funding Target, although there is no requirement that such Donation Rewards have a monetary value.
You will supply and be responsible for distributing Donation Rewards to Project Funders directly and we will play no part in the transfer of such Donation Rewards. You understand, acknowledge and agree that we make no representations or warranties regarding the timely delivery, appearance, quality, adequacy or suitability of any Donation Reward which are your sole responsibility. By setting up a Project on our Site you acknowledge that we are not endorsing your Project and are accept not responsibility for and have no liability in respect of, your Project’s success, whether in whole or in part.
You accept and agree that when you accept a Donation from a Project Funder you are entering into a Project Contract with a Project Funder. Each Project Funder registering and making a Donation to you agrees and accepts the terms of the Project Contract with you. The terms of the Project Contract, which constitutes a direct agreement between you and a Project Funder, are set out in the Schedule below.
Schedule – Project Contract
The Project Creator warrants and represents to the Project Funder that:
Each Project Funder warrants and represents that the information it provides and has provided on Technofunding’s Site in relation to its own personal details, the Project and any Donation it agrees to make to a Project Creator in relation to the Project is clear, fair and not misleading.
Each Project Creator agrees he/she shall use Donations to advance and promote the Project.
Each Project Creator shall ensure that any goods or services provided to a Project Funder, or events which a Project Funder may attend by way of Donation Reward are of satisfactory quality, are in compliance with all appropriate regulations, including health and safety regulations, and are covered by any appropriate insurance as may be required by law.
Upon achieving its Funding Target the Project Creator shall provide a Project Funder with any Donation Reward it has agreed to supply. A Project Creator is under no obligation to offer a Project Funder a Project Reward, but in respect of Project Rewards that it has agreed to provide, it shall be under no obligation to supply a Project Reward if it fails to meet its Funding Target.
The Project Creator shall send the Project Reward to a Project Funder directly, within a reasonable period of time, subject to any delays beyond the Project Creator’s reasonable control, such as any delay in transferring the Donations.
The Project Creator and the Project Funder understand, acknowledge and agree that in the event a Funding Target is not reached the Project Funder will receive its Donation back from the entity to which the Project Funder originally made payment and any such payment will be in accordance with any terms which were agreed with the relevant payment partner. The Project Creator and Project Funder agree that Technofunding shall not be liable for any delay in the Project Funder receiving any refund from a payment partner.
Project Funders acknowledge, confirm and agree that:
Project Funder and Project Creator each agree that in the event of default, each of them shall have sole responsibility for enforcing its contractual rights against the other in respect of this Project Contract. Both Project Funder and Project Creator each understand, acknowledge and agree that neither shall have any claim or recourse against Technofunding Ltd in respect of any breach of this Project Contract.
Project Funder and Project Creator each accept and appoint Technofunding as their agent respectively to receive any Donation from Project Funder and make payment of said Donation to Project Creator or arrange for a third party payment provider to do so. Should the Project not be able to collect sufficient funds to make its Funding Target, both Project Funder and Project Creator understand, acknowledge and agree that Technofunding Ltd shall have no responsibility and accept no liability in respect of the repayment of any Donation to a Project Funder where such payment was made via a third party payment provider..
Project Funder and Project Creator agree that this Project Contract shall terminate once the Project Creator has supplied and the Project Funder has received any Donation Rewards due from the Project Creator, or once the Project Deadline has expired, whether or not the Funding Target was achieved, whichever is the later. Project Funder and Project Creator agree that the courts of England and Wales shall have exclusive jurisdiction of the Project Contract.
To contact us, please email email@example.com
or write to:
2 Woodberry Grove, Finchley London N12 0DR England.
Thank you for visiting our Site.
Updated: Sept, 12 2013