Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE wefund.com and wefund.co.uk WEBSITE ("SITE") OR THE SERVICE IT PROVIDES. BY USING THE SITE YOU ACKNOWLEGE THAT YOU HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS THAN YOU SHOULD CEASE USE OF THE WEBSITE AND THE SERVICES IMMMEDIATELY.
CREATORS MUST ALSO READ AND ACCEPT THE SUPPLEMENTAL TERMS AND CONDITIONS, [insert link] WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
1. Acceptance of Terms:
wefund.com / wefund.co.uk (We Fund Limited) ("Wefund") is an online fund raising platform. Wefund connects project creators ("Creators") with potential financial backers allowing Creators to raise money for projects from their fans, friends, family and strangers ("Backers") by collecting pledges online from Backers (the "Campaign").
Creators come up with incentives to encourage people to back their Campaign – these could be anything from tickets to a show to a mention in the programme ("Perks").
Creators set the amount they need to raise (the "Target"), and the time by which they need to raise it (the "Timeframe"). Once your project has been approved and set 'live' on the Wefund website, these values can not be altered;
Backers, when they pledge their financial support in exchange for Perks to a Creator, are giving Wefund authorisation to charge their credit/debit card or PayPal account with the amount that they have specified in order to transmit it to the Creator if at the end of the Timeframe, the Target has been reached or exceeded. During the Campaign, Wefund only authorises the amount to be taken from the Creator's debit/credit or PayPal account - the amount itself is only taken if, and only if, the Target is hit or exceeded in the Timeframe. IF THE TARGET IS NOT HIT OR EXCEEDED IN THE TIMEFRAME, ALL THE PLEDGES AND AUTHORISATIONS ARE AUTOMATICALLY CANCELLED.
At the end of the Timeframe, if the Target has been hit or exceeded then each of the Backers credit/debit cards or PayPal accounts are charged with the amount they have pledged and the funds are transmitted to that PayPal account which the Creator has specified on the Registration Form account (the "Service"), less a 5% commission that Wefund charges (the "Fee"). The Creator also must pay PayPal's own fees which comprise a fixed transaction fee (20 pence in the UK) and a variable percentage fee, ranging from 1.4%-3.4%. Wefund adds a 50 pence transaction fee to each Backer's pledge which is passed direct to the Creator at the successful conclusion of the campaign to cover part of, or all of Paypal's fees.
Should the Creator's Campaign fail to reach the Pledge Target within the Timeframe, Wefund will cancel all Pledges and no-one is charged anything. Wefund agrees to practice commercially responsible behaviour in collecting payments pledged by Backers and although Wefund will engage in its reasonable efforts to collect the entire funds pledged by Backers, it cannot guarantee that it will be able to collect the entire Campaign Target in circumstances which are beyond the control of Wefund. AT NO POINT WILL FUNDS IN EXCESS OF THE 5% FEE PASS INTO WEFUND'S ACCOUNT. THERE WILL BE NO MIXING OF DIFFERENT PROJECTS FUNDS.
The Creator then has to complete the project and deliver the Perks to the Backers.
The Service is operated from the website: wefund.co.uk and wefund.com and Creators and Backers shall complete a Registration Form before receiving the Services. Wefund shall confirm acceptance of the registration by return email.
2. Access and Updates to the Site
Access to the Site is permitted on a temporary basis, and Wefund reserves the right to withdraw or amend the Service provided on the Site. Wefund will not be liable if for any reason the Site is unavailable at any time or for any period.
Wefund updates this Site regularly and to do so it may restrict access to some parts of the Site, or the entire Site, from time to time. Although this Site is updated regularly, the materials on this site may be out of date at any given time, and Wefund shall not be liable for any loss incurred due to reliance on the materials published via the Site.
3. Cooling Off Period:
You may cancel this Agreement in writing at any time within 7 days of acceptance of your Registration Form. In the event that any fee has been paid in respect of the Service this shall be reimbursed to you.
4. Young Users:
You are not allowed to use this Site or hold a Wefund account if you are under the age of 13. If you are under the age of 13 please do not attempt to register for an account or send Wefund any information (including your name, address, date of birth, email address or telephone number). Wefund do not collect or solicit information from anyone under the age of 13, and shall remove any such information from its system as soon as possible once it has been made aware that it has done so.
5. Personal Information:
6. Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solelyresponsible to Wefund for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify Wefund immediately at firstname.lastname@example.org.
7. Responsible Use / Code of Conduct:
As a condition of participation in the Service you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Wefund. Further,your use of the Service will be in conformity with the Wefund Code of Conduct [insert link?] which is incorporated by reference into this agreement. Wefund may remove any content or account at any time for any reason at its sole discretion.
To report any abuse of the Service please email: email@example.com
All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linkedfrom the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email or otherwise make available via the Service. The Site and its contents are intended solely for personal, non-commercial use and shall be used in accordance with the terms of this Agreement.
All Content is protected by copyright and you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part). Wefund does not control, and is not responsible for, Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Wefund makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, andin no circumstances will Wefund be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that Wefund does not pre-screen or approve Content, but that Wefund shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
10. Intellectual Property Rights:
We fund Limited, Wefund, Wefund.co.uk, the Wefundlogo, and other names, logos, icons and marks identifying Wefund products and services are [unregistered] trademarks of We fund Limited and may not be used for personal or commercial use without the prior written approval of We fund Limited. All rights not expressly granted in this agreement are reserved.
11. Payment and Refunds Policy:
Wefund is an online funds raising platform between Backers and Creators,funds are not transmitted to the account designated by the Creator, unless and until the Pledge Target has been reached or exceeded within the Time. If the Target has been reached, PayPal shall transmit the money pledged by each Backer directly into that Paypal account elected by the Creator and specified on the Registration Form. The System is set up so that Paypal will deduct 5% from this amount and transmit this to Wefund (the "Fee") via the Creator's account. PayPal's fees are paid by the Creator: the fixed transaction fee (20 pence in the UK) and the 1.4%-3.4% fee. A 50 pence (£0.50) transaction fee is automatically added to each Backer's transaction - this transaction fee is passed directly to the Creator, to attempt to compensate him or her for the Paypal fees he has paid for the transaction (it is inexact, but the best solution available).
Wefund shall not be responsible for the nature or quality of the performance or any other obligations declared by the Creator, and the Creator will be wholly responsible for meeting any obligation as stated or implied in the Campaign they create. When the Pledge Target has been met and Wefund charges the Backer there will be no refunds unless, at the sole discretion of Wefund it is determined that a refund is appropriate. Any refunds carried out will be subject to any applicable costs of transaction. Should the Creator's Campaign fail to reach the Pledge Target, or if the Campaign date of expiration elapses without the Pledge Target being met Wefund will neither charge nor accept any payment previously pledged from any Backer. Wefund agrees to practice commercially responsible behaviour in collecting payments pledged by Backers and although Wefund will engage in its best efforts to collect the entire funds pledged by Backers, it cannot guarantee that it will be able to collect the entire amount in circumstances which are beyond the control of Wefund.
12. Dispute Policy:
In the event of a dispute arising between a Backer or Creator, or any third party, Wefund shall be under no obligation to become involved. Should a dispute arise, you release Wefund, its officers, employees, agents or successors from claims, damages or demands or any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.
13. Wefund's Obligations:
Unless Wefund are prevented from doing so by an event out of its control (see clause 19 below) Wefund shall provide you with a Service that shall:
(i) conform in all material respects with its description;
(ii) is carried out with reasonable care and skill;
(iii) is fit for any purpose Wefund says the Service is fit for, or for any purpose forwhich you use the Service and about which you have informed Wefund, or we could reasonably expect you to use the Service; and
(iv) complies with all applicable statutory and regulatory requirements for supplying the Service in the United Kingdom.
This warrantyis in addition to your legal rights in relation to Service which is not carried out with reasonable skill and care or which otherwise does not conform with this Agreement. Advice about your legal rights is available from your local Citizens' Advice Bureauor Trading Standards office.
14. Suspension or Termination:
Wefund shall determine at its sole discretion whether there has been a breach of any of the terms or conditions of these Terms through your use of the Site. Wefund shall take what action it deems appropriate in the circumstances which may be:
(i) the immediate, temporary or permanent withdrawal of your right to use the Site (whether as a Creator or Backer),
(ii) issue you with a warning; or
(iii) terminate or suspend any and all Services, and your Wefund account.. Upon termination of your account, your right to use the Services will immediately cease.
In the event that you want to terminate your Wefund account for whatsoever reason, you may simply discontinue using the Services or send an email to firstname.lastname@example.org (all termination requests will be completed within 30 days). The following provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
15. Disclaimer of Warranties:
Wefund has no special relationship with or fiduciary duty to you and Wefund shall not be under any duty or obligation regarding any users use of the Site. You release Wefund from all liability from you having acquired Content (or not acquired content as the case may be) from the Site. Wefund will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SERVICES AND/OR OTHER CONTENT YOU DOWNLOAD FROM WEFUND ARE PROVIDED ON AN "AS IS" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM WEFUND IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/ OR OTHER CONTENT. WEFUND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUTNOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEFUND MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM WEFUND WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WEFUND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
16. Limitation of Liability:
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT WEFUND'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
WEFUND SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. THIS SHALL INCLUDE; (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; (III) ANY LOSS OF OPPORTUNITY; OR (IV) ANY LOSS OF DATA SUFFERED BY YOU;
Wefund shall not be liable for any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
(ii) any changes which Wefund may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
(iv) your failure to provide Wefund with accurate account information;
(v) your failure to keep your password or Wefund account details secure and confidential.
The limitations on Wefund's liability to you above shall apply whether or not Wefund has been advised of or should have been aware of the possibility of any such losses arising.
17. External Links:
Wefund may provide links to other external websites, services or online resources ("Resources") which are not hosted by Wefund. Wefund has no control over and cannot guarantee the availability or content of any third party Resources. Wefund does not endorse the content, advertising, products or other materials on or available via any external site or Resources. Wefund shall not be responsible or liable for any damage or loss caused, or alleged to be caused either directly or indirectly in conjunction with theuse or reliance on any such third party Resource, or the goods or services provided through any such site or Resource.
18. Variation of Terms:
We may modify the terms of this Agreement, in our sole discretion, 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, and your continued use of the Service indicates your acceptance of the amended Agreement. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on our site.
You agree to indemnify and hold Wefund, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses,including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses , arising out of or in connection with any content, any third party content you post or share on or through Wefund, your use of the Service or Wefund, your conduct in connection with the Service or Wefund or with other users of the Service or Wefund, or any violation of this Agreement,any law or the rights of any third party.
18. Entire Agreement:
This Agreement and any documents referred to in it constitute the entire agreement between you and Wefund regarding the use of the Service, superseding any previous arrangement, understanding or agreements between you and Wefund relating to the Service. The failure of Wefund to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. You and Wefund acknowledge that, in entering into this Agreement, does not rely on any statement, representation, assurance or warranty of any person whether party to this Agreement or not other than as expressly set out in this Agreement. If any provision of this Agreementis held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Each party agrees that the only rights and remedies arising out of or in connection with a representation shall be for breach of contract as provided in this Agreement. No variation to this agreement will be binding upon Wefund unless it is made in writing and signed by a director or officer of Wefund. Nothing in this clause shall limit or exclude any liability for fraud.
19. Events out of Wefund's control
Wefundwill not be responsible for any failure to perform, or delay in performance of, any of its obligations under these conditions that is caused by events outside our reasonable control.
Neither parties will be liable to the other for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to fire, floods, storms, earthquakes, volcano eruptions and explosions, war, civil commotion or industrial disputes.
If such delay or failure continues for at least 30 days, then the other party may terminate this Agreement provided that it gives the other 14 days written notice. Once either party is aware of events outside of our control, Wefund shall give notice of the event to the other party, giving an estimate of how long the disruption is anticipated to continue.
20. Governing Law and Jurisdiction:
The terms and conditions of this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims,shall be governed by and construed in accordance with the law of England and Waleswithout regard to its conflict of laws principles.The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection to this Agreement or its subject matter or formation.Any subsequent claim that a legal proceeding, including any tort claim, brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper, is hereby waived.