Acceptable Use Policy (Terms & Conditions)

These are the CleantechFundr Terms & Conditions that govern the services to be provided at www.CleantechFundr.com (the Platform).

Terms:

  • Member (anyone registered with CleantechFundr)
  • Campaign (a project posted on the site to attract financial support)
  • Supporter/Backer (a person/company/entity that donates/pledges financially to the Campaign/project)
  • Campaign Starter (the Starter or starter of a Campaign)

To become a Member (register with CleantechFundr) of our Platform you must accept all of the terms conditions contained herein and CleantechFundr’s policies including its privacy policy. CleantechFundr policies may change from time to time and you agree that they form part of the terms and conditions. Our privacy policies may be accessed here. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes in the agreement including the policies you undertake to familiarise yourself with and comply with the policies relevant to your use of our Platform and the services provided under this Platform as amended.

By accepting these terms and conditions you agree to be bound by them and also by any user agreements and posted terms and conditions on any other websites operated by CleantechFundr and its related or affiliated companies to the extent that you use those websites.

CleantechFundr may amend the terms and conditions from time to time and any amendment will be posted on our Platform except where stated otherwise, all amended terms will be automatically be affected immediately and your continued use of CleantechFundr service following the posting of any changes to the terms and conditions constitutes an acceptance of those changes if you do not agree with such changes to the terms and conditions you must terminate your Membership with CleantechFundr if after any such changes to this agreement or any of our policies you continue to be a Member of our Platform you will be considered to have accepted the varied terms as part of an agreement with you.

Except as specifically described in or authorised by this agreement the terms of this agreement and any of our policies cannot be amended except in writing signed by you and CleantechFundr.

In this agreement a reference to you includes anyone acting on your behalf or with your express or implied authority.

CleantechFundr is a venue and a service provider.

CleantechFundr is an online service acting as a venue to enable subscribing Members to form a Campaign within a fixed format and other Members to donate funds to these Campaigns.

CleantechFundr allows individuals to form Campaigns for the purpose of attracting donations to that Campaign.

While CleantechFunder will review all Campaigns it is not responsible in any way as to how the funds are spent or how the donations are managed or delivered.

CleantechFundr cannot guarantee the true identity or nationality of any member of the Campaign.

You agree that CleantechFundr is a venue Platform and as such is not responsible or liable for any content for example darter text information graphics, photographs, profiles, audio video items and links posted by you or other Members or outside parties on CleantechFundr. You use CleantechFundr services at your own risk.

CleantechFundr Campaigns

CleantechFundr will list on its site specific CleantechFundr Campaigns with each CleantechFundr Campaign’s mandate and an example of that CleantechFundr Campaign’s listing.

For example – CleantechFundr Campaign – Tell the World.

  • A Campaign with a specific goal and timeframe is listed
  • Supporters back the project with funding in return for rewards
  • Once the funding goal has been reached within the time frame the funds are collected and distributed to the Campaign Starter.
  • The Campaign Starter is required to update the community as the Campaign progresses.

CleantechFundr is a crowdfunding platform for raising money and building a community for your cleantech projects.

The Campaign:

  • must have a clearly defined outcomes, timeframe and aims
  • must not be for charitable purposes for raising funds for appeals
  • Starter or Supporter must be over 18 years of age to create a project on CleantechFundr
  • cannot involve alcohol as a reward or involve raffles or competitions as part of the Campaigns
  • Starter must respect email and spam laws when promoting the Campaign

CleantechFundr will seek ID before your Campaign goes live. A valid PayPal account/email address will be required and will be tested.

Each CleantechFundr Campaign will have a specific mission, target funds and time frame and will detail how the donations will be used.

Upon each Campaign obtaining its target funding the funds will be released to the Campaign Starter. CleantechFunder retains 5% for platform management.

Campaigns can run until the time deadline set and may even be oversubscribed. Unless otherwise stated the Campaign end 12 noon EST (Australia).

If the Campaign fails to reach its target the funding is reimbursed to Supporters.

The CleantechFundr shall not be liable for the interactions between the Starter and Supporters of a CleantechFundr Campaign nor cannot be held liable for the actions of a Member or a CleantechFundr Campaign as a whole, this includes but is not limited to, the delivery of goods and services in any other terms, conditions, warranties or representations associated with becoming a Member of CleantechFundr or Supporter of a CleantechFundr Campaign.

Each CleantechFundr Campaign is responsible wholly for fulfilling the obligations both implied and stated in each CleantechFundr Campaign listing. CleantechFundr does not oversee the performance punctuality of each Campaign.

CleantechFundr does not oversee the performance of any Campaign. CleantechFundr does however reserve the right to cancel a CleantechFundr listing at any time for any reason. CleantechFundr reserves the right to remove any CleantechFundr Campaign listing from public listing for any reason.

CleantechFundr is not responsible for any damage or loss incurred as a result of any dealings on the CleantechFundr Platform. All dealings are solely between Members, and CleantechFundr is under no obligation to become involved in disputes between Members or any third party.

In the event of a dispute that is not resolved by the guidance in these terms and conditions you release CleantechFundr employees, partners and successors from claims of damages and demands of each and every kind known or unknown suspected or unsuspected disclosed or undisclosed arising out of or in any way related to such disputes and CleantechFundr’s services.

The Campaign Starter:

  • needs to clearly set out what the project is about, why it should be backed, how the funds will be used and what impact the project will have on the company, public, industry, sector etc.
  • is responsible for fulfilling all the commitments they make to Supporters
  • needs to update the CleantechFundr community if anything changes on the project or company
  • update Supporters beyond the close date using the CleantechFunder site

Prohibited activities

You are solely responsible for your conduct and activities on and regarding to CleantechFundr and any and all data text information graphics image photographs profiles audio video items and links together with content that you submit posted and display on CleantechFundr.

Your content and your use of CleantechFundr shall not

– involve the selling of shares, provide direct financial rewards or profit sharing or raise investment funds

– be false or inaccurate or misleading

– be fraudulent in or involved the sale of illegal counterfeit or stolen items

– infringe any third party copyright patent trademark trade secret or other proprietary intellectual property rights or rights of public or privacy.

– violate the terms and conditions and any site policies and guidelines any project guidelines when applicable laws statute ordinance or regulation.

– be defamatory, unlawfully threatening unlawfully harassing or impersonate or intimate or bully any person including CleantechFundr staff, or falsely state or otherwise misrepresent your affiliation with any person through for example the use of e-mail addresses nicknames or create a false accounts or any other method or device

– be obscene or contain child pornography

– contain or transmit any code of a destructive nature that may damage detrimentally interfere with or intercept or ex-appropriate assistant darter or personal information.

– modify and adapt or hack CleantechFundr or modify another website so as to falsely imply that it is associated with CleantechFundr.

– appear to create liability for CleantechFundr or cause CleantechFundr to lose the services of CleantechFundr ISPs or other suppliers.

Fees

CleantechFundr will receive 5% of funds raised to cover the service offering/platform..

CleantechFundr will manage payment to the Campaign Starter – all PayPal or credit card fees not covered by Supporters will be covered by the funds to the Campaign Starter.

Electronic Communications

You consent to receive communications from CleantechFundr in an electronic form and you agree that all terms and conditions agreement is notices disclosures and other communications that CleantechFundr provide you electronically satisfy any legal requirement that such communications would satisfy if it were in writing the foregoing does not affect your non-waiver of all rights

Support

CleantechFundr does provide limited support for the software or service provided by CleantechFundr, however it may provide access to a protected forum for the user to communicate with the rest of the CleantechFundr Campaign.

Usage

We reserve the right to reduce, liquidate, deactivate, suspend or terminate your CleantechFundr Campaign or access thereto if we terminate the Service or if we suspect after investigation, that you have misused our service, violated the terms of this Agreement. CleantechFundr may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.

General Terms

You and CleantechFundr are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without CleantechFundr’s written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive the termination of this Agreement. CleantechFundr will not be liable for any delay or failure to provide its services caused by a factor outside CleantechFundr’s reasonable control (including but not limited to any act of God, war, breakdown or plant, industrial dispute, electricity failure, governmental or legal restraint).

Your Information

Definition. “Your Information” means any item you list as well as any information you give to us or other members in any public message area (including the discussion boards and in feedback) through any email feature. Your Information also includes project information displayed on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to CleantechFundr or any third party, where “harm” includes, but is not limited to non-economic loss that will or may be suffered by CleantechFundr. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

  1. be false, inaccurate or misleading or deceptive;
  2. be fraudulent;
  3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, right of publicity, confidentiality or privacy;
  4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and important control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
  5. be defamatory, threatening or harassing;
  6. be obscene or contain any material that, in CleantechFundr’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such;
  7. contain any content that is prohibited or that, in CleantechFundr’s sole and absolute discretion, may be prohibited content;
  8. contain any malicious code, date or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any CleantechFundr websites, including but not limited to viruses Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
  10. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

Solely to enable CleantechFundr to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. CleantechFundr will only use Your Information in accordance with our Privacy Policy. We need this to use and display your content.

Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with and comply with the Policies, domestic laws (including common law), Commonwealth laws, state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. In particular, you must ensure that your activities, (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Competition and Consumer Protection Act (Cth) and other relevant consumer laws and country based fair trading legislation.

Governing Law

These terms and conditions are governed in all respects by the laws of State of New South Wales in the Commonwealth of Australia and any action arising under them or in any way connected with the CleantechFundr service may be brought only in a court in the State of New South Wales, Australia.

Further Information

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.

Disputes between CleantechFundr regarding our services, complaints or suggestions should be reported to CleantechFundr Customer Support located at www.CleantechFundr.com

 

 

 

 

 

 

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