A. Introductory Information
The content of this website is not a financial promotion under section 21 of the Financial Services and Markets Act 2000 (“FSMA”). You should note that no regulated investments of any kind are offered, marketed or distributed in any manner through the platform since we, CrowdFund NFT Limited, are not authorised or regulated to do so by the Financial Conduct Authority (as the regulatory authority in the United Kingdom responsible for authorisations under FSMA) or by any other regulatory authority in any jurisdiction outside of the United Kingdom. Because this is a rewards-based crowdfunding site, no recourse to the Financial Ombudsman Service or the Financial Services Compensation Scheme shall be available.
Accessing, downloading or viewing the content of or otherwise using this website in any manner may, in certain jurisdictions, be restricted by law and such accessing, downloading, viewing or usage could result in violation of the laws of such jurisdictions. Therefore, any persons who access or wish to access this website, whether directly or indirectly, should first inform themselves about and observe at all times any restrictions and legal requirements in relation to entering this website and its usage. Any failure to comply with such restrictions or legal requirements may constitute a violation of the laws and/or regulations of any such jurisdictions.
The content of this website has not been approved by the US Securities Exchange Commission, any State securities commission in the United States or any other US regulatory authority, nor have any of the foregoing authorities opined or passed comment upon or endorsed the merits or adequacy of the content of this website. Any representation to the contrary may constitute a criminal offence in the United States.
IF YOU ARE IN ANY DOUBT ABOUT THE CONTENT OF THIS WEBSITE OR YOUR LEGAL RIGHTS OR OBLIGATIONS YOU ARE STRONGLY RECOMMENDED TO CONSULT WITH A LAWYER, ADVOCATE, ATTORNEY OR OTHER SUITABLY QUALIFIED PROFESSIONAL PERSON WHO CAN ADVISE YOU ON YOUR RIGHTS AND OBLIGATIONS AS A USER OF THIS WEBSITE IN THE APPLICABLE JURISDICTION(S).
1. Welcome Information
1.1 1.1 Welcome to CrowdFund NFT. The www.crowdfund-nft.com website (“the Website”) and the services provided through it are operated and owned by CrowdFund NFT (“we”, “us” or “our” as appropriate). For further information about us and our contact details, please visit the About Us page and see paragraph 21.2 below.
1.2 In order to make these Terms easier to read and understand, we have used some key defined terms: we refer to Registered Users (as defined below) that are seeking to raise funds and offer Rewards for doing so as “Campaign Owners”, their fundraising campaigns as “Campaigns”, the aims of a Campaign as its “Campaign Goal”, Registered Users that support those Campaigns by contributing funds as “Backers”, their pledges as “Contributions”, the minimum total value of Contributions sought by a Campaign Owner for a particular Campaign as the “Fundraising Target”, the maximum period for which Contributions can be made for a Campaign as the “Fundraising Window” and the total value of Contributions (excluding cancelled Contributions) that a Campaign has received at the end of the Fundraising Window as “Total Contributions”. Registered Users and other visitors to the Website are referred to as “Users” or “you”, as applicable.
1.3 We provide a platform for individuals and organisations registered with the Website (“Registered Users”) to raise funds for Campaigns and to contribute to those Campaigns by funding them. The platform allows Campaign Owners to offer unique benefits (“Rewards”) as a ‘thank you’ for this support.
1.5 Please read these Terms carefully before starting to use the Website, as they will govern your use of the Website, the Campaigns and Rewards that you create and offer as a Campaign Owner and the Contributions you make as a Backer, as well as the content you post as a Registered User. We recommend that you print or save a copy of these Terms for future reference.
1.6 By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you are using the Website on behalf of your organisation, the terms 'you', 'your' or 'your organisation' in these Terms are also a reference to the business or other organisation or entity (“Business”) on whose behalf you act when using, registering, creating or backing a Campaign on the Website. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to the Website or interact with its Registered Users.
1.7 If you have any questions or concerns regarding these Terms, please contact us using the details in paragraph 21.2 below.
2. Access and use of the Website
2.1 Anyone can access the Website. However, to post a Campaign and become a Campaign Owner or make a Contribution as a Backer you will need to register as a Registered User by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the age at which you would be legally recognised as an adult in your jurisdiction and there must be no reason why you should not be in contact with any other Registered Users. In addition, you are solely liable for ensuring that your use of the Website (and any contract that you enter into via the Website) will not violate any of the laws of either your jurisdiction or our jurisdiction. To create an account, please go to the Sign Up page.
2.2 You will not be eligible to use the Website if we have temporarily suspended or previously terminated your access to the Website and we have not provided you with express written authorisation to resume using the Website.
2.3 We endeavour to make the Website available at all times, but this cannot be guaranteed.
3. Privacy Issues
4. Registering an account
4.1 You can sign up and create your account on the Sign Up page. Whilst undertaking the registration process, you will be requested to confirm your acceptance of these Terms.
4.2 You must ensure that all of the information you provide when you register with the Website is accurate, true, current and complete.
4.3 If any of your registration details change (e.g. email address, postal address), you are responsible for updating your account.
4.4 In order to assist us in maintaining the security of the Website, you must keep your login details confidential and not share them with any third party, as you will be held responsible for all activities that occur on your account (with or without your knowledge) as a result of doing so. If at any time you become aware of any misuse or unauthorised use of your login details, then you must notify us immediately by email.
4.5 If you have breached, or we have reason to believe that you have breached or are likely to breach these Terms, we may terminate or suspend your registration and/or access to the Website.
4.6 You can request deletion of your account at any time, so long as you do not have any active Campaigns or any outstanding Rewards, or Contributions relating to unexpired Campaigns you have backed. Please email us to request deletion of your account.
4.7 We reserve the right to delete your account at any time and for any reason or no reason at all.
B. Creating Campaigns, making Contributions and offering Rewards
This section sets out the terms that apply to the Campaigns that you create, the Contributions that you make in support of Campaigns and the Rewards that you offer.
5. Our responsibilities
5.1 What we are responsible for (a) We provide a platform through which Registered Users can raise finance for their Campaigns and offer Rewards or support those Campaigns by making Contributions and receiving Rewards. By providing this platform, we facilitate agreements between Campaign Owners and Backers for Contributions and Rewards, subject always to these Terms. (b) Although we may from time to time agree to promote and advertise certain Campaigns or help to raise awareness of their Campaign Goals, we will not be involved in the management of or use of Contributions in relation to a Campaign nor shall we directly offer or fulfil Rewards ourselves.
5.2 What we are not responsible for (a) Other than as mentioned in paragraph 5.1 above, we do not have any involvement in any arrangements Registered Users make with each other through the Website. We therefore do not accept any liability for the nature or quality of any Campaign or any Rewards or returns, nor do we guarantee that any Registered User, whether Campaign Owner or Backer, will do as they promise. The arrangements you make are solely private and the contracts relating to Campaigns, Contributions, and/or Rewards are made directly between the individual parties concerned. Accordingly, when using the Website, you will be solely and exclusively liable for your arrangements with other Registered Users whom you contact and the nature, extent and terms of your arrangements with them and your obligations to them. (b) We do not verify the identity of anyone who becomes a Registered User nor the information they provide about their Campaign, any Rewards offered or themselves. We cannot therefore give any guarantee that any of the Registered Users are who they say they are or that the information they provide is true, accurate or complete. Consequently, we make no recommendations or representations in relation to any Registered Users or their Campaigns.
6. Campaign Owners
6.2 Reward Offers
(a) We have specific rules regarding the types of Rewards that you can offer to Backers on the Website. Please see our Rewards Guidelines which contain these rules and form part of our Terms. (b) You can choose whether or not to limit the number of Rewards you offer for each Contribution amount. (c) You must have all the permissions, consents and licences that are necessary to offer all Rewards relating to your Campaign before you offer them on your Campaign Profile Page.
6.3 Fees payable by Campaign Owners and receipt of funds
(a) Campaign Owners will be charged different types of fees, which are described in detail on our Fees page. The Fees page forms part of our Terms. Where the relevant fees are not payable in advance, these fees will be deducted from the Contributions we receive for your Campaign before they are distributed to you. In brief, Campaign Owners will be charged: (i) A flat fee to submit a Campaign for review (a ‘Submission Fee’); (ii) An ICP transaction fee (a ‘Transaction Fee’); (iii) A percentage fee for successfully funded Campaigns (a ‘Success Fee’); and (iv) A royalty fee for NFT’s sold on secondary marketplaces (a ‘Royalty Fee’). (b) All fees payable by Campaign Owners are subject to Value Added Tax (“VAT”) at the applicable rate in force from time to time. Please note that VAT is assessed on the above fees and not the Total Contributions raised and you are solely responsible for ensuring that you are registered for VAT or similar sales tax as required by the applicable laws of the jurisdiction in which your Business is established. (c) If the Total Contributions meet or exceed the Fundraising Target at the end of the Fundraising Window, the amounts due to Campaign Owners will be transferred to Campaign Owners within approximately 10 working days in ICP tokens to a wallet designated for you by us. (d) Please note that the above timescale is an estimate only and there may be a delay between the end of the Fundraising Window for a successful Campaign and your access to any funds.
(a) Backers may fail to fulfil payment of Contributions and you acknowledge that their payment of Contributions 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 contributed by Backers in relation to their Campaign(s) via the Website. (b) In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Contributions or other amounts without giving any notice to you and do so without incurring any liability to you. (c) Campaign Owners may contact us to cancel any Contribution for any reason and at any time before the Fundraising Window ends or the Campaign otherwise successfully closes and shall not be required to fulfil any related Rewards if they do so. After the Fundraising Window has ended or the Campaign successfully closes and the amounts due from Contributions have been transferred to a Campaign Owner, that Campaign Owner will be responsible for refunding any amounts to Backers. (d) If your Campaign does not reach its Fundraising Target by the end of the Fundraising Window, any Contributions made by Backers for the Campaign will be cancelled and you will not be entitled to receive any funds in respect of them. (e) We are not tax, accounting or financial advisers and you should not rely on information in these Terms or that otherwise appears on the Website to determine the tax, accounting or financial treatment of any Contributions you receive using the Website. Please seek advice from an appropriately qualified professional if you are unsure in respect of any of these matters.
6.5 Communications with Backers and personal information we share with you relating to Backers
6.6 Campaign Owners’ Obligations
(a) As a Campaign Owner, you shall: (i) apply any funds you receive from Backers solely and exclusively for the purpose of achieving the Campaign Goals and for no other purposes; (ii) meet all commitments you make in your Campaign including, but not limited to, delivering all Rewards that you offer to Backers; (iii) use your best endeavours to fulfil each Reward by the estimated fulfilment or delivery date (as applicable) specified by you on the applicable Campaign Profile Page. (iv) promptly and accurately respond in full and to our satisfaction to all questions or requests for clarification made by us and/or any Backer; (v) comply with all of your obligations as a ‘controller’ of personal data under all relevant data protection and privacy laws, including by providing appropriate privacy information to all Backers whose personal data you receive through the Website; (vi) promptly contact and work with Backers in order to reach a mutually satisfactory resolution, which may include refunding their Contributions if you are unable to fulfil any of your commitments (including providing any Rewards); (vii) comply with all applicable laws and regulations in relation to your Campaign, your use of Contributions and your offer and fulfilment of Rewards; (viii) be 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 the Website, the Contributions you receive and the Rewards you offer; (ix) where you have received any Contributions, be responsible for issuing refunds of Contributions to and responding to requests for refunds of Contributions from, Backers; (x) not take any action or make any business or other decision in reliance on having your Campaign posted on the Website or on receiving any funds from Contributions until you have received the funds into your wallet; and (xi) provide all assistance and co-operation requested by us from time to time, including by providing us with copies of any records or information held by you, in particular with respect to any regulatory inquiry, audit or investigation.
7.1 Making a Contribution
(a) Once you have registered as a Registered User, you can make a Contribution by visiting the Campaign Profile Page of a Campaign, selecting the amount you wish to contribute and the Reward you would like to receive and then submitting payment.
(b) Your username will be made publicly available in connection with each Campaign for which you make a Contribution unless you choose to make a Contribution anonymously. If you do make an anonymous Contribution, although your details will not be published on the Website, your details will still be shared with the relevant Campaign Owner. (c) You acknowledge that your Contribution does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.
Once you have made a Contribution, you cannot change your selected Reward without cancelling your Contribution.
7.4 Cancelling a Contribution and Refunds (a) You may cancel a Contribution without charge at any time before the end of the Fundraising Window for a Campaign, whether it has reached its Fundraising Target or not. If you do so, you will not be eligible to receive any Rewards in relation to your Contribution. (b) You may not cancel your Contribution once a Campaign’s Fundraising Window has ended if at the end of the Fundraising Window the Campaign is deemed funded. This does not affect your statutory or legal rights. Advice about these rights is available from your local Citizens' Advice Bureau or Trading Standards office. (c) Once your Contribution has been distributed to a Campaign Owner, the Campaign Owner shall be solely responsible for issuing, and responding to requests for, any refunds of Contributions. We shall not be liable for any Campaign Owners’ failure to issue any refunds of Contributions to you.
7.5 Obligations of Backers (a) Each Backer shall: (i) ensure that you have sufficient funds or credit available for payment of the Contribution; (ii) promptly respond to a Campaign Owner following a request for information reasonably required by the Campaign Owner to fulfil a Reward that you have chosen at the time you made your Contribution; (iii) ensure that any funds used to make Contributions will not result in a breach of applicable law; and (iv) ensure that by making a Contribution, you are not issuing a security in your jurisdiction, nor doing anything that might amount to the issuance of a security in your jurisdiction.
8. Additional important terms
8.1 The contract between Campaign Owners and Backers (a) The contract relating to the provision of funds from Contributions and the fulfilment of Rewards is made solely between a Campaign Owner and Backers, subject always to these Terms. By making a Contribution, a Backer is making an offer to enter into a contract with the applicable Campaign Owner. (b) The following steps have to take place before a contract is made between the Backer and the Campaign Owner: (i) after signing into their account the Backer makes a Contribution by submitting their payment details for processing and transferring ICP tokens into a CrowdFund NFT – owned escrow wallet. Before making their Contribution, the Backer will have the opportunity to review the Contribution amount and any related Reward and, if necessary, to amend these details; and (ii) the Backer will see an on-screen acknowledgement of their Contribution. (c) The Campaign Owner accepts the Backer’s offer, and a binding contract is made between them, at the time the Fundraising Window ends. Accordingly, nothing that we or the Campaign Owner says or does will amount to any acceptance of a Backer’s offer until the relevant event listed above in this paragraph occurs.
8.2 Interest on Contributions (a) Any interest or other gains on Contributions or other funds held by us shall accrue to our benefit and neither Campaign Owners nor Backers shall be entitled to such interest or remittance of any other gains in relation to distributed funds or refunded Contributions.
C. Rules for Registered Users
9. The rules for conributing content
9.1 The following rules apply with respect to any content which you wish to contribute to the Website: (a) any content which you and other Users post or contribute to the Website (including content you upload to your Campaign Profile Page, comments you make on Campaign Profile Pages, internal messages and Campaign updates) shall be known as “user-generated content”; (b) we positively encourage Registered Users to make full use of the Website. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules.
9.2 You agree to ensure that: (a) you only contribute user-generated content to the Website if you know that you have the necessary rights to do so. By contributing user-generated content to the Website, whether text, images, video, sound recordings or other material, you are promising to us and to other Users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through the Website in accordance with these Terms and permit its use via the Website and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your user-generated content, please do not upload or post it to the Website. (b) all information provided by you via the Website or which you provide to other Registered Users or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way; (c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion; (d) you will use the Website and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms; (e) you will not harass or mislead or act unlawfully towards any person that you have contacted via the Website or disclose or use any contact information that they may provide to you without their consent; (f) you will cease to contact anyone that you have contacted via the Website immediately if they request you to do so; and (g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through the Website and to permit use of such content and image by any third parties we may authorise under these Terms.
9.3 You may not: (a) distribute or post spam, in particular by sending unsolicited marketing messages to other Registered Users, or distribute or post chain letters, unsolicited loans or pyramid schemes; (b) distribute viruses or any other technologies that may harm the Website or the interests of Users of the Website or Registered Users or otherwise interfere with or disrupt our servers; (c) post or transmit any advertisements for or solicitations of business; (d) after receiving a warning, continue to disrupt the regular flow of dialogue, or post or transmit comments that are not related to the subject being discussed; (e) except as permitted under these Terms, copy, modify, or distribute our content or trade marks from the Website or Registered Users’ copyright material and trademarks or any content or trade marks owned by a third party unless you have their explicit permission; (f) harvest or otherwise collect or use information about Registered Users without their explicit consent; (g) impersonate another Registered User or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Registered Users; (i) continue to use the Website if your access to the Website has been suspended or your account terminated; (j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying the Website, or which, in our judgment, exposes us to any liability or detriment of any type; or (k) upload, post or publish to the Website or otherwise provide to us any personal data about children (i.e. individuals under 16) or ’special category’ or criminal conviction data.
9.4 Please note that any posting of information or sending of internal messages on or via the Website is the opinion of the person posting or sending only and is not reflective of our opinions.
10. Who can use your user-generated content and the manner in which they may use it
10.1 When you contribute user-generated content to the Website: (a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your user-generated content otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to: (i) make all or any part of your user-generated content available through the Website to other Users of the Website; (ii) include certain user-generated content in our newsletters; (iii) allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and (iv) allow third parties to link to pages on the Website which contain your user-generated content; (b) you are granting to every other user of the Website unlimited, non-terminable and free permission to use all or any part of your user-generated content on the same terms as you are permitted to use their user-generated content; (c) you (or, where applicable, your licensors) will retain all intellectual property rights in the user-generated content you contribute to the Website and nothing in these Terms shall assign or otherwise transfer any ownership of any such rights in or to your user-generated content.
D. General provisions
This section sets out the terms that apply to everyone who uses the Website.
11. Our content
11.1 All of the content on the Website is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
11.2 Our content includes any information or other material found on or via the Website, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website.
11.3 We make the Website, our content and any user-generated content available through the Website for your personal, non-commercial use only. You may view the Website’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Website without our prior written consent.
11.4 To be clear, you are not in any circumstances permitted to: (a) make commercial use of any such content except in the case of your own user-generated content which you may use for the purposes of providing information in connection with your Campaign on the Campaign Profile Page and/or your Business (if applicable); (b) edit any such content; or (c) remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
11.5 All trade marks, logos and brands appearing on the Website are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
12. Third-party software
12.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on the Website. This software will be clearly identified on the Website.
12.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
13.1 You acknowledge that the Website may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
13.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
13.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
13.5 You may only link to the Website provided that: (a) the homepage is not loaded into frames on your website, unless we expressly agree; and (b) your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
13.6 We reserve the right to withdraw linking permission to the Website at any time without prior notice.
14. Warranties, liability and disclaimer
14.1 We will operate the Website with reasonable skill and care. Otherwise, the content and services available on the Website are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written. In particular: (a) We do not give any warranties as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Website and you should not rely on it being accurate, truthful or complete. (b) We are not responsible for verifying the ownership of any content posted or uploaded onto the Website. (c) Any posting of comments or information on the Website is the opinion of the person posting only and is in no way reflective of our opinions nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To clarify, each User acts on his/her own behalf at all times and does not act as our representative or agent in any way. (d) We cannot guarantee and shall not be liable to you in relation to the performance or reliability of any third-party online payment processing services. (e) You agree that your access and use of the Website and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on the Website is used. The content and information that we make available on the Website is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Website or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Website. (f) By using the Website you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Website, response times to view, verify or transfer information and the risks inherent in all third-party links, connections and transfers via the internet. Accordingly: (i) We do not give any warranties about the availability or accessibility of the Website or warrant that your access to the Website, the content on it or the services we provide will be delivered uninterrupted, timely or error-free; (ii) We are not liable for any data or information uploaded by any Users including any content posted, uploaded or published on the Website. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Website and we strongly recommend that you do so; (iii) We give no warranties in respect of any harm that may be caused by the transmission of a worm, time bomb, computer virus, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable security and ant-virus software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content; (iv) Whilst we hope that you will find the websites linked to on the Website of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
14.2 If you are dealing with us and Campaign Owners as a Registered User, you have certain rights, including in relation to the Rewards that you receive from Campaign Owners. Nothing in these Terms will affect these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
14.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following: (a) for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; or (b) for any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
14.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do, or due to events or circumstances beyond our reasonable control.
14.5 Subject to paragraph 14.3:
(a) IF YOU ARE A REGISTERED USER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
(b) IF YOU ARE A CAMPAIGN OWNER THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR: (i) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR (ii) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,
IN EACH CASE FOR (i) AND (ii), HOWEVER ARISING; AND
(iii) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE CAMPAIGN TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF £250.00.
15.1 You agree only to use the Website in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any user-generated content that you post to the Website or any actions you take which disrupt access to and/or the functioning of the Website) or any liability we incur as a result of the use of the Website by you and any other person that uses your account with your permission or as a result of your negligence.
16. Intellectual property rights
16.1 We respect the intellectual property rights of others, and we prohibit Users of the Website from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate a third party’s intellectual property rights.
16.2 It is our policy to comply with any notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, you should contact us using the details provided in paragraph 21.2.
16.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Registered Users that we reasonably determine to be repeat infringers of others’ copyrights.
16.4 Content hosted on third-party websites accessible from the Website is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
17. General complaints and RFI's
17.1 We want to ensure that you have a rewarding customer experience but sometimes things can and do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
17.2 If you have any general complaints or wish to request further information about the Website, please contact us via email or by post to the address set out under paragraph 21.2 and we will do our best to resolve these.
Any complaint made will be acknowledged within 72 hours. We deal with all complaints promptly and fairly and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 6 weeks of the complaint being received.
18. Written communications
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your user-generated content).
19.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
19.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, trade disputes, lock outs, strikes, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
19.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before or after such expression.
19.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
19.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to rely upon our rights and remedies at a later date or in any other situation where you breach the Terms again.
19.7 Exclusion of third-party rights. These Terms do not create any right enforceable by any person who is not a party to these Terms or any contract made under them, except that the provisions of these Terms may be enforced by any of our licensors.
19.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
19.9 Territory. the Website is controlled and operated from the United Kingdom. If you choose to access the Website from outside the United Kingdom, we make no representation that the content and operation of the Website will comply with local laws.
19.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 30 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will, subject to paragraph 19.11, have exclusive jurisdiction to deal with such dispute.
19.11 Nothing in paragraph 19.10 shall deprive Registered Users of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
20. Changes to these terms and to the Website
20.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Website. Any changes will take effect 10 days after the date of our email or the date on which we post the modified terms on the Website, whichever is the earlier. If you continue to use the Website after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using the Website.
20.2 We reserve the right to change, suspend or discontinue the Website and/or the services we provide through it (including the availability of any feature, functionality or content) at any time and for any reason. We may also introduce limits on certain features or functionality or restrict your access to all or particular parts of the Website without notice to you and without incurring any liability.
21. Contact us
21.1 We can be contacted by post or by email.
21.2 Our contact details are: CrowdFund NFT Email: firstname.lastname@example.org