1. INTRODUCTION

1.1  Welcome to Crowd2Fund, which is operated and owned by Crowd2Fund, a limited company incorporated in England with registered number 08472687 and registered address at 242 Acklam Road, London, W10 5JJ (“Crowd2Fund”, “we” and “us”). We may make our services available through a number of channels. Currently our services are available through the Website at www.crowd2fund.com (the “Website”).

1.2  Crowd2Fund provides a range of services (the “Services”) including without limitation facilitating:

  • (a) “Equity” whereby a Campaign Creator can communicate an offer via the Website to issue shares in an incorporated entity in exchange for an investment by one or more investors (each an “Investor”) at a pre-agreed valuation set out in the Campaign Description;
  • (b) “Debt” whereby a Campaign Creator can communicate its desire to borrow from one or more lenders (each a “Lender”) on the terms set out in the Campaign Description and Lenders can communicate and offer to lend certain amounts;
  • (c) “Rewards” whereby a Campaign Creator can offer certain unique non-monetary rewards in return for Supporting Contributions to one or more supporters (each a “Supporter”);
  • (d) “Donation” whereby a donor (each a “Donor”) can donate money to a Campaign without any reward or other consideration; and
  • (e) “Revenue Loan” whereby a Campaign Creator can offer a percentage of their revenue for a prescribed period in return for Investment Amounts plus a premium.
  • (f) “ISA” whereby a User can apply for an Crowd2Fund ISA held by us.

1.3  Crowd2Fund also provides a range of additional services to help each Campaign Creator build a community of Investors, Lenders, Donors and/or Supporters around his Campaign and to assist the Campaign Creator with managing communications and providing information on an on-going basis to his community.

2. CROWD2FUND’S TERMS OF BUSINESS

2.1  These terms and conditions (the “Website Terms”) set out the terms and conditions on which each User of the Website accesses and uses the Website and the Services provided through the Website. These Website Terms also govern the terms and conditions on which you use the Services and access the Website.

2.2  In addition to these Website Terms, Crowd2Fund publishes the following additional documents that govern various aspects of our Services:

  • (a) Privacy Policy which sets out how we collect, store and process personal data provided by our Users;
  • (b) Equity Terms which set out the terms on which we provide our Equity Services and how Users can use such Services;
  • (c) Debt Terms which set out the terms on which we provide our Debt Services and how Users can use such Services (which also include the Loan Conditions and Debenture);
  • (d) Rewards Terms which set out the terms on which we provide our Rewards Services and how Users can use such Services;
  • (e) Donation Terms which set out the terms on which we provide our Donation Services and how Users can use such Services; and
  • (f) Revenue Loan Terms which set out the terms on which we provide our Revenue Loan Services and how Users can use such Services.
  • (g) ISA Terms which set out the terms on which we provide our ISA Services and how Users can use such Services.

2.3  Any capitalised term not defined herein shall have the meaning given in one or more of the documents in paragraph 2.2. Each of the documents set out in paragraph 2.2 above in conjunction with these Website Terms constitute the entire agreement between Crowd2Fund and each User (together the “User Terms”).

2.4  Any use of the Website and/or the Services shall be governed by the User Terms, the Privacy Policy and any of the additional documents detailed in paragraph 2.2 that apply to such usage.

2.5  Please review the User Terms carefully and make sure that you understand them before using the Website. If you do not agree to the User Terms, you must cease use of the Website immediately.

2.6  By using the Website, you agree to be bound by the User Terms. You also agree to the Privacy Policy and agree to Crowd2Fund’s use of cookies set out therein.

2.7  Crowd2Fund may update the User Terms from time to time so please review the relevant pages regularly. Should you object to any term or condition, guideline, or subsequent changes made to the Website then you must immediately cease use of the Website.

3. DEFINITIONS

3.1  Capitalised terms used in these Terms shall have the following meanings:

  • Business Wallet: means the Wallet belonging to the Campaign Creator.
  • Campaign: the process by which a Campaign Creator lists a crowdfunding campaign on the Website for the purpose of receiving
  • (a) Support Contributions in exchange for providing Rewards, or
  • (b) Investment Amounts in exchange for the issue of Shares and/or the grant of the loan (as applicable) on the condition that the Target Amount is reached.
  • Campaign Closing Date: the date set by Crowd2Fund by which the Campaign must reach its Target Amount. Crowd2Fund may extend this date in its sole and absolute discretion.
  • Campaign Creator: the business, whether an incorporated or unincorporated entity, seeking to raise funds via the Website. For the avoidance of doubt, any Campaign Creator operating an Equity Campaign must be a limited company incorporated and registered in England, Wales or Scotland.
  • Campaign Description: the information submitted by the Campaign Creator detailing his Campaign and the terms of the Campaign and subsequently approved by Crowd2Fund for listing on the Website.
  • Certified: means a High Net Worth Individual who has signed the statement in Part 1 of Schedule 5 of the FPO 2005. Commencement Date: the date from which an Investor, Lender, Donor or Supporter (as applicable) can make a pledge in respect of a Campaign.
  • Crowd2Fund Escrow Wallet: the segregated electronic money wallet which holds pledged Investment Amounts on behalf of Users until the Campaign Closing Date.
  • Crowd2Fund Fees: the fees payable to Crowd2Fund as detailed in the User Terms and/or on the Fees page of the Website as updated from time to time. FCA: means the Financial Conduct Authority.
  • FPO 2005: means Financial Services and Markets Act 2000 (Financial Promotion) Order 2005.
  • High Net Worth Individual: has the meaning given to it under Article 48 of the FPO 2005 and PERG 8.14.22 of the FCA Handbook.
  • Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
  • Investment Amount: amounts equal to, and in excess of, the Minimum Contribution pledged by an Investor to a Campaign.
  • Investor: a registered user of the Website who pledges an Investment Amount in respect of a Campaign.
  • MangoPay: means the programming interface that facilitates the transfer and conversion of money and electronic money and provided by Leetchi Corp S.A, a société anonyme incorporated under Luxembourg law with a registered office at 14, rue d’Aldringen, L-1118, Luxembourg and Luxembourg company number B173459.
  • Minimum Contribution: the minimum amount that an Investor can invest, a Lender lend, a Donor make a donation, or a Supporter pledge (as applicable) in respect of a Campaign.
  • Retail Client: has the meaning given in COBS 3.4.1R of the FCA Handbook.
  • Sophisticated Investor: has the meaning given to it under Article 50A of the FPO 2005 and PERG 8.14.27 of the FCA Handbook. Target Amount: the minimum aggregate amount of Support Contributions or Investment Amounts (as applicable) required to be pledged in order for the Support Contributions or Investment Amounts (as applicable) to be released to the Campaign Creator. This amount will be detailed in the Campaign Description. User: any person or company (whether incorporated or unincorporated) who uses the Website and/or its Services.
  • Wallet: means an Investor’s or Lender’s individual virtual wallet on the Website from which an Investor can add, transfer or withdraw money. The money held in these virtual wallets is physically held by MangoPay.

3.2  A reference to “he”, “him” or “his” shall as applicable include or be treated as a reference to “she”, “her” or “hers”.

4. CREATING AN ACCOUNT

4.1  You are free to browse the Website without creating a User account (an “Account”). However, in order to:

  • (a) create a Campaign; and/or
  • (b) make use of the Equity, Debt, Rewards, Donation and/or Revenue Share Services; and/or
  • (c) interact with other Users, you will need to register an Account and become a User.

4.2  To be eligible to create an Account, you must:

  • (a) be 18 years of age or older;
  • (b) be a resident of the United Kingdom;
  • (c) have a UK bank account; and
  • (d) provide information to Crowd2Fund as detailed below.

4.3  You can create an Account by entering your name, email address and further information as detailed in the Privacy Policy. Alternatively, you can login to the Website and create an Account through a profile held in your name with a social networking website (an “External Profile”). In the event that you seek to login through an External Profile, Crowd2Fund will use certain information about you contained on such External Profile to populate forms on the Website.

4.4  Before finalising the creation of an Account, you must explicitly accept:

4.5  An electronic identity check will be conducted as part of the verification process when you apply to create an Account. This check may leave what is known as a “soft footprint” on your credit file that will only be visible to you and will not affect your credit rating. You hereby consent to Crowd2Fund (or one of its service providers) carrying out an electronic identity check.

4.6  You will be sent a confirmation email that will contain a link for you to confirm your registration and select a password for your Account. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party. If you lose or have your password stolen, you must contact Crowd2Fund either by phone or email. Crowd2Fund will re-issue a password in accordance with their security procedures as updated from time to time.

4.7  Each time you seek to access User-only services on the Website, you will be required to login to your Account. If you use certain Services, you will also be required to complete additional self-certification.

4.8  Crowd2Fund may reject any registration, close any Account and withdraw User access to the Website for any reason, immediately and without notice, at its sole and absolute discretion, including if you provide false or incorrect User Account information, establish multiple accounts or do not notify Crowd2Fund of changes to your User profile information immediately.

4.9  Where you have created an Account and decide to use any of the Services, you may be required to provide, to the satisfaction of Crowd2Fund, a copy of one or more of the following:

  • (a) passport;
  • (b) proof of address;
  • (c) articles of association;
  • (d) register/memorandum of association/incorporation;
  • (e) registered address and the legal system governing the company;
  • (f) a declaration form of all shareholders that own more than 10% of the company (signed by all said shareholders) and proof of identification of these shareholders; and/or
  • (g) proof of identification for the director or person authorised to create the Account.

5. YOUR ACCOUNT

5.1  You represent and warrant that all information provided by you when you register an Account is true, complete, current and correct in all material respects.

5.2  You undertake to notify us in the event that any information changes by updating your Account information via your user dashboard.

5.3  You are advised to log out of your Account each time you end a session if you have logged in from a public machine.

6. WALLET

6.1  In order to make a payment to his Wallet, a User will be led directly to MangoPay which is currently Crowd2Fund’s payment services provider to enter his debit or credit card details or bank account details to facilitate payment of the amount of the relevant amount in accordance with the provisions of this paragraph.

6.2  By providing his debit or credit details to MangoPay, the User irrevocably authorises MangoPay (as applicable) to demand, take and authorise payment of the Support Contribution or Investment Amounts.

6.3  In the event that MangoPay is unable to take payment of the relevant amount due to there being insufficient funds in the bank account connected with the debit or on the credit card or the bank account provided to MangoPay or for any other reason, MangoPay shall be permitted to make two further attempts to take such payment.

6.4  Funds held in a Wallet shall not accrue interest.

6.5  Funds held by MangoPay on your behalf are held in a segregated client account separate from any funds belonging to MangoPay. Crowd2Fund complies with the client money rules of the FCA and all other applicable UK requirements relating to client money.

6.6  To withdraw funds from a Wallet or Business Wallet, a User must fill in his email address or username and password in the reimbursement form and provide any further information requested by MangoPay. The reimbursement request becomes irrevocable when the User clicks on the validation button.

6.7  A charge on the transfer of funds to a Wallet or Business Wallet from a debit or credit card shall be borne by the respective User. The User shall be informed of this cost prior to making such transfer.

6.8  Any taxation on any transaction performed through the Platform is the responsibility of the relevant user. Crowd2Fund suggests that each user contemplating making a transaction to seeks independent professional advice prior to effecting any transaction. In particular, the availability of any tax relief is not guaranteed and may be subject to matters outside of the control of the user.

6.9  If a User believes an unauthorised transaction has occurred, he must notify Crowd2Fund as soon as possible or in any case, no later than 13 months from the date of the transaction. Users who do not notify Crowd2Fund within this timeframe shall automatically waive any right that they have had in relation to the disputed transaction.

6.10  After each transaction between a Wallet and the Crowd2Fund Escrow wallet, Crowd2Fund shall provide the following information to the User who initiated the transaction:

  • (a) The amount of the transaction and the purpose of the transaction; and
  • (b) The date of receipt of the corresponding order and/or the date that the corresponding amount of money has been transferred.

7. PLEDGING PROCESS

7.1  When a User who creates an Account is an Investor, Lender or Supporter (as the case maybe) and would like to invest in a Campaign, he must transfer at least the requisite Investment Amount into his Wallet in accordance with clause 6.

7.2  When the User makes a pledge, the Investment Amounts shall be transferred to Crowd2Fund Escrow Wallet. The Investment Amounts will remain in the Crowd2Fund Escrow Wallet until the Campaign Closing Date

7.3  If the Campaign has reached its Target Amount before the Campaign Closing Date, the Investment Amount shall be transferred from the Crowd2Fund Escrow Wallet to the Business Wallet.

7.4  If a Campaign has not reached its Target Amount before the Campaign Closing Date, the Investment Amount shall be transferred from the Crowd2Fund Escrow Wallet to the Wallet of the User, who may re-pledge the Investment Amount to a separate campaign.

7.5  If you make a pledge to a Campaign that reaches the Target Amount, you irrevocably authorise Crowd2Fund to act as your agent to enter into any agreement on your behalf relating to the Campaign in which you have made a pledge.

7.6  You agree that Crowd2Fund shall be permitted to sign in any capacity including, but not limited to, as agent, any document or do any thing required to effect any matter set out in these Website Terms, the User Terms or any other terms applicable to your transaction using the Crowd2Fund platform. This authority shall include without limitation signing any waivers in respect of pre-emption rights, shareholders’ agreements, loan agreements and other documentation with any Campaign Creator.

8. USER CONTENT

8.1  Any content uploaded to the Website including, but not limited to, Campaign content or comments posted by Users in relation to any Campaign is defined herein as “User Content”.

8.2  The User who uploads User Content retains all the rights of ownership owned by him (including any Intellectual Property Rights) in such User Content.

8.3  The User grants an irrevocable, worldwide, transferable, perpetual, royalty-free, sub-licensable, non-exclusive licence to Crowd2Fund to use, modify, publish, distribute, translate and display any or all such User Content whether in public, in any medium and form whether now or hereafter developed, in any jurisdiction now and in the future (the “Crowd2Fund License”). For the avoidance of doubt, the Crowd2Fund License shall extend to User Content which includes any mark, trademark, likeness and/or biographical materials.

8.4  Crowd2Fund shall have no obligation to identify any User or acknowledge his ownership of any User Content but may do so if it wishes.

8.5  Crowd2Fund grants an irrevocable, perpetual, worldwide, royalty-free license to each User to view, download, distribute (subject to the below) and otherwise use any User Content for the purposes of taking advantage of the Services (the “User License”) on condition that the use of such User Content by any User is limited to non-commercial use and any distribution of such User Content contains a clear and unequivocal acknowledges that such User Content is owned by the relevant User and licensed from Crowd2Fund.

8.6  Each User hereby represents and warrants to Crowd2Fund that any User Content uploaded by him to the Website and/or transmitted to any User via the Website that:

  • (a) such User has the right to publish such User Content (whether by virtue of ownership of the Intellectual Property Rights in such User Content or as a result of the grant to the User of a license to use and publish such User Content);
  • (b) with regards to a Campaign, such User Content uploaded by a Campaign Creator relates solely to the Campaign Creator and does not represent any other business;
  • (c) the publication of such User Content on the Website is not likely to bring the reputation of Crowd2Fund into disrepute;
  • (d) such User Content:
    1. is accurate to the best of the User’s knowledge;
    2. is not illegal in the UK or in any jurisdiction in which such User Content might reasonably be expected to be viewed and does not promote any illegal activity;
    3. does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
    4. does not encourage or promote any political cause or affiliation;
    5. is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
    6. does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
    7. does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
    8. does not depict any person less than 18 years of age (whether or not decent or indecent);
    9. is not likely to cause offence to any viewer of such User Content;
    10. does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and
    11. is not likely to lead a viewer to assume that the User is related to, authorised by or otherwise represents Crowd2Fund.

8.7  Each User acknowledges and agrees that Crowd2Fund may review and approve some or all User Content (at its sole and absolute discretion) uploaded to the Website and/or transmitted by any User to any other User via the Website. Crowd2Fund shall be entitled to remove any User Content without notice and without giving any reason.

8.8  Each User acknowledges and agrees that Crowd2Fund may be required to provide information about the origin of any unlawful User Content published and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such User Content has been viewed and is illegal and each User hereby irrevocably authorises Crowd2Fund to provide such information to such persons (on request or in our discretion) without consulting or informing him.

8.9  If you view any User Content on the Website that you believe breaches any of the above restrictions, you undertake and agree to report such User Content to Crowd2Fund as soon as is reasonably possible.

8.10  You understand that:

  • (a) all User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such User Content originated;
  • (b) Crowd2Fund does not control and is not responsible for User Content made available through the Website;
  • (c) the Website and User Content available through the Website may contain links to websites, which are completely unrelated to Crowd2Fund. Crowd2Fund makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such website. Linking to any other website is entirely at your own risk;
  • (d) you must evaluate and bear all risks associated with the use of any User Content; and
  • (e) under no circumstances will Crowd2Fund be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the use of any User Content listed, emailed or otherwise made available via the Website.

8.11  You have no right to require that Crowd2Fund deletes, amends or removes any User Content once any User Content has been published. Crowd2Fund in its sole and absolute discretion may amend, delete or remove some or all User Content. In the event that Crowd2Fund agrees to remove any User Content relating to any Campaign after such Campaign has been launched and/or has received a pledge or other support of any kind, Crowd2Fund reserves the right in its sole and absolute discretion to:

  • (a) annotate the User Content to make it clear what has been changed and/or removed;
  • (b) email each person who has given a pledge or other support of any kind to notify such person of the change and give such person the right to withdraw his pledge or other support; and/or
  • (c) require that the Campaign is cancelled and relaunched with the amended User Content and that each person who has given a pledge or other support of any kind is given the right to withdraw his pledge or other support.

9. CROWD2FUND CONTENT

9.1  All content contained on the Website or in any communication, or post on any social media platform other than User Content (together “Crowd2Fund Content”) belongs to Crowd2Fund or has been licensed to Crowd2Fund by third parties.

9.2  Crowd2Fund grants you a limited, terminable, non-transferable, revocable licence to use, display and save Crowd2Fund Content solely in accordance with the following:

  • (a) other than in respect of a Campaign Creator, for personal non-commercial use;
  • (b) for the purposes of using the Services as contemplated by the User Terms; and
  • (c) by:
    1. downloading such Crowd2Fund Content to one computer; and/or
    2. printing one copy of such Crowd2Fund Content; and/or
    3. viewing any video or image on one computer, in each case on condition that the format and display of any Crowd2Fund Content is not altered and any copyright notice and disclaimer or risk warning notice contained on the version of such Crowd2Fund Content found on the Website remains clear and visible.

10. INFRINGEMENT

10.1  By using the Website you acknowledge and agree that Crowd2Fund may preserve or disclose User Content, as well as your information, if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to:

  • (a) identify copyrighted work or other Intellectual Property Rights that you (or any other person) claim has been infringed;
  • (b) identify any User Content that you claim (or any person) claims is infringing, with enough detail so that we may locate it on the Website;
  • (c) confirm a statement by you (or any other person) that User Content displayed is not authorised by the copyright owner, its agent, or the law; and
  • (d) confirm a statement by you (or any other person) declaring (a) the above information is accurate, and (b) that you are (or any other person is) the owner of the copyright interest involved or that is authorised to act on behalf of that owner.

10.2  You may not infringe or try to infringe the privacy or rights of other Website Users. This includes storing or trying to store personal data of other Website Users.

11. INTELLECTUAL PROPERTY

11.1  Crowd2Fund and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, design, text, graphics and all software and source code connected with the Website other than User Content. Crowd2Fund grants you a limited licence to use the Website solely as set out in the User Terms.

11.2  The Website is protected by UK and International copyright, trademark, patent and other intellectual property laws.

11.3  Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Crowd2Fund’s prior express written consent.

11.4  Crowd2Fund grants you a limited licence to use the Website and the Services solely as set out in the User Terms. Any unauthorised use of the Website will result in the automatic termination of the limited license granted by us. Crowd2Fund reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.

11.5  Crowd2Fund and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Crowd2Fund. They may not be used without Crowd2Fund’s prior express written permission.

11.6  All other trademarks not owned by Crowd2Fund that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Crowd2Fund.

11.7  Crowd2Fund keeps a backup of User Content and data to the extent required by applicable law and regulation. Any User who wishes to be provided with any of their User Content or data backed up by Crowd2Fund should review the Privacy Policy for more details on how to do it.

11.8  If you delete your profile, you will not be able to automatically download the User Content or data that you have uploaded.

12. DISCLAIMER

12.1  Crowd2Fund provides the Website "as is" and without any warranty or condition, whether express, implied or statutory.

12.2  Crowd2Fund specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

13. NO RELIANCE

13.1  The inclusion of a Campaign on the Website does not mean that Crowd2Fund is recommending that you make an investment, donation or lend any money to a Campaign. Further, it does not mean that Crowd2Fund believes that the Campaign will be successful or that the Campaign, any detail contained on the Website in relation to it and/or any person connected with the Campaign is legitimate, accurate or not misleading.

13.2  Any decision to get involved in any Campaign in any way is the decision of the User and the User alone. You are advised to seek independent legal and financial advice prior to getting involved in any Campaign particularly if you have any questions or do not understand the nature of any Campaign or your involvement in it.

13.3  You may not rely on any information other than that which is contained on the Website directly relating to any Campaign in making any decision to become involved in any Campaign in any manner.

13.4  Save for where Crowd2Fund have signified in these User Terms that it shall conduct due diligence on Users, all Users acknowledge and agree that they are responsible for their own due diligence if they are considering making a pledge of an Investment Amount, a Support Contribution or a Donation.

13.5  All Users acknowledge and agree that they shall not disclose any information contained in a Campaign (including the Campaign Description) to any third party without the prior written consent of the owner of such User Content.

14. EXCLUSIONS AND LIMITATION OF LIABILITY

14.1  Crowd2Fund does not seek to exclude liability for death or personal injury caused by any gross negligence, fraud or fraudulent misrepresentation on the part of Crowd2Fund. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

14.2  Crowd2Fund assumes no liability or responsibility for:

  • (a) any errors or omissions in the Website;
  • (b) any fault relating to any device used to access the Website;
  • (c) any bandwidth restriction that restricts and/or prevents access to the Website;
  • (d) any failures (including without limitation the ability to access the Website), delays or interruptions in the Website;
  • (e) any losses or damages arising from the use of the Website and/or the Services;
  • (f) any conduct by users of the Website;
  • (g) any use of third party software or services including without limitation MangoPay and GoCardless; or
  • (h) any unauthorised use of any MangoPay account.

14.3  Crowd2Fund shall not be liable in the event that any defect or otherwise in the Website results in you losing or being unable to access (whether temporarily or permanently) any User Content.

14.4  In no event shall Crowd2Fund, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these User Terms, on any theory of liability, and whether or not advised of the possibility of damage.

14.5  You acknowledge and agree that Crowd2Fund is not responsible for the accuracy of any information published on the Website by Users and does not warrant that any information appearing on the Website is accurate, true or complete. Crowd2Fund specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.

14.6  The Website and any User Content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of Crowd2Fund and are not endorsed by Crowd2Fund. Crowd2Fund shall not be liable in the event that any User Content is defamatory, misleading, incomplete or incorrect. Similarly Crowd2Fund shall not be liable in the event that any fact is incorrect or misleading.

14.7  You must not rely on any information, article or advice contained on the Website. Any article or information contained on the Website is a generic summary and must not be viewed as specific tailored legal, financial or professional advice.

14.8  Crowd2Fund reserves the right to deliver the Website and the Services in its sole and absolute discretion.

15. INDEMNITY

You agree to indemnify and hold Crowd2Fund and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Website or your violation of any law or the rights of any third party.

16. SECURITY

Whilst Crowd2Fund has implemented commercially reasonable technical and organisational measures to secure your personal information and User Content from unauthorised use, Crowd2Fund cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and User Content at your own risk.

17. ELECTRONIC COMMUNICATIONS

By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from Crowd2Fund. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

18. PRIVACY

You provide us with information when you register on the Website. We also collect information both relating to you (for example on your usage history and your preferences for certain kinds of Service and Campaign) and to Users of the Website in general. Any information that you submit or that we collect when you are using the Website or Services is subject to the Crowd2Fund Privacy Policy, the terms of which are hereby incorporated into the User Terms.

19. USE OF COMMENTS OR IDEAS SUBMITTED

19.1  You agree that Crowd2Fund is free to use any comments or ideas contained in any communication you may send to Crowd2Fund without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. For the avoidance of doubt, all such information will be deemed by Crowd2Fund to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

19.2  You agree that any information and User Content published by you on the Website may be public information and that other users of the Website will be able to view and comment on such information and User Content.

20. THIRD PARTY SOFTWARE

20.1  You acknowledge that you may need to download and activate certain third party software in order to use certain Crowd2Fund Content provided on the Website. Such third party software will be clearly notified to you.

20.2  In order to use such third party software, you will have to accept the terms of the provider of such third party software. You acknowledge that we have no responsibility or control over such third party software.

21.1  You acknowledge and agree that the Website may contain links to third party websites. The inclusion of any links on the Website does not constitute a recommendation of such third party website or a warranty that such third party website is free of viruses and safe to use.

21.2  If you decide to visit or access any third party website or services, you do so entirely at your risk.

21.3  Please note that any personal information you provide to a third party website will be processed in accordance with the privacy policy of such website. Please therefore ensure that you have read their privacy policy before disclosing any personal information.

21.4  You may link to the Website subject to the following:

  • (a) you do not display any page of the Website in frames or cut or otherwise alter the appearance of the Website; and
  • (b) you do not misrepresent any relationship you have with Crowd2Fund and in particular you do not claim a relationship with us or claim to be endorsed by Crowd2Fund without our prior written consent.

21.5  Crowd2Fund reserves the right to withdraw any consent to link to the Website at any time by notice.

22. COMPLAINTS

22.1  If you have any complaints about the provision of the Services, please contact us using the contact form provided on the Website.

22.2  If you have any complaint about any other User, please contact us using the contact form provided on the Website.

22.3  Depending on the type of Service you are using, you may have additional rights including rights to compensation. If you require any further information relating to this clause, please contact us by phone on 0203 7355 690 or by email at info@crowd2fund.com.

23. DISPUTES

23.1  You agree that the User Terms and any claim, dispute or controversy arising out of in connection with the User Terms or their subject matter or formation (including non-contractual disputes or claims), the Website, Crowd2Fund’s advertising or any related transaction between you and Crowd2Fund shall be governed by and construed in accordance with English law.

23.2  Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

24. TERMINATION

24.1  Crowd2Fund may change or discontinue the Website and/or any of the Services at any time without prior notice. Crowd2Fund reserves the right to terminate the User Terms (or any part of them) for any reason, without notice. Crowd2Fund shall be permitted in its sole and absolute discretion to terminate the User Terms in the event that you violate any of the User Terms (with prejudice to Crowd2Fund’s accumulated rights against you). In the event of any termination, you will immediately cease use of the Website.

24.2  In the event of termination, Crowd2Fund has no obligation to transfer to you or allow you to view any User Content uploaded by you to the Website.

24.3  In the event of termination, any payments due to be paid by a User to any other User of the Website and its Services shall be enforced in accordance with the relevant document in clause 2.2 that makes up these User Terms

25. GENERAL

25.1  The Website Terms and Conditions are agreed between you and Crowd2Fund. No person shall have any rights under or connection with the User Terms under the Contracts (Rights of Third Parties) Act 1999.

25.2  If any court or competent authority decides that any term of the User Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

25.3  Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

25.4  Crowd2Fund’s failure to enforce any provision of the User Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

25.5  You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under the User Terms without Crowd2Fund’s prior express written consent.

25.6  The User Terms set forth the entire understanding and agreement between you and Crowd2Fund with respect to the subject matter hereof.

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