Terms and Conditions

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Terms & Conditions

 

Terms & Conditions

 

Welcome to training4impact.com!

Terms & Conditions – training4impact.com is a platform where certain users run crowdfunding campaigns to fund projects by donation, lending, equity  or offering rewards to raise money from other users (the “Objective”).

 

training4impact.com is operated by EE and its associates (“training4impact.com”), who provide their services to you subject to the following Terms of Use. If you visit, contribute, or shop, within this website, you accept these Terms of Use. Please read them carefully.

 

TERMS OF USE

 

  1. Application and Interpretation

 

  • These Terms of Use govern the operation and your use of training4impact.com website and services (the “Service“). By using the Service, you agree to be bound by these Terms, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the “Terms“).
  • In these Terms, we refer to those raising funds as “Project Owners” and to their fundraising projects as “Projects“. We refer to those contributing funds, either as a donation or in pursuit of a reward, as “Contributors” and to the funds they contribute as “Contributions“. Project Owners, Contributors and other visitors to the Service are referred to collectively as “Users.”

 

  1. Privacy

training4impact.com’s Privacy Notice, which also governs use of our Service, can be found at http://training4impact.com/privacy-policy/ and is hereby incorporated by reference and forms part of these Terms of Use.

 

  1. Electronic Communications

When you visit training4impact.com, use our Service, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices in relation to the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. Intellectual Property (“IP”)

4.1. training4impact.com is protected by copyright, database right, trademark, sui generis rights and other intellectual property laws under national and international laws.

 

4.2. All content included on within the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of training4impact.com or its content suppliers and protected by international copyright laws. The compilation of all content on or within the Service is the exclusive property of training4impact.com, with copyright authorship for this collection by training4impact.com, and protected by international copyright laws.

 

4.3. training4impact.com trademarks and trade dress may not be used in connection with any product or service that is not training4impact.com, in any manner that is likely to cause confusion among Users, potential Users or the general population, or in any manner that disparages or discredits training4impact.com. All other trademarks not owned by training4impact.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by training4impact.com or its subsidiaries. You may not use any trade mark that appears on or in relation to this Service without the owner’s permission.

4.4. You may not make alterations, copies, extractions, modifications, or additions to training4impact.com IP or that of any of the Projects contained on the site, or sell, copy, disseminate, licence or misuse it in any way, subject to, in limited circumstances, our permission or the permission of the Project Owner as the case may be.

 

4.5. With regard to content provided by Users of training4impact.com, this is not the property of training4impact.com. All Users however, in supplying content to training4impact.com, undertake and explicitly represent to training4impact.com that any and all IP that may arise in relation to such content is owned, free from encumbrances by the User, or that the User has the right to provide such content under a valid and existing licence. Further all such content is provided to training4impact.com on the basis of a universal, royalty free, non-exclusive licence to the extent necessary to include, in whatever form, the content on the website or to provide the Service. To the extent that User content may or does infringe third party IP rights, the User in supplying the content, indemnifies training4impact.com in relation to any and all costs, loss or damage training4impact.com may suffer in respect of any such claims.

 

4.6. To the extent permitted by law, training4impact.com excludes any or all responsibility and/or liability for any damages or loss of any kind whatsoever with respect to the IP whether any of the foregoing are, without limitation, direct, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

 

  1. Licence and Site Access

5.1. You are permitted to access and make use of the Service on the basis of a limited licence (“the “Licence”) granted to you by training4impact.com. This license is however limited in its nature and you may not:-

– download (other than page caching) or modify any portion of website and or Service without the express written consent of training4impact.com;

– use any part of the Service for resale or any commercial use, whatever nature, this includes but is not limited to any collection or use of any product listings, descriptions, or prices, any derivative use of the Service, website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools;

– reproduce, duplicate, copy, sell or re-sell, visit , or otherwise exploit any content accessed by you under this licence for any commercial purpose without express written consent of training4impact.com;

– frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of training4impact.com and our associates without express written consent;

– use any meta tags or any other “hidden text” utilizing training4impact.com name or trademarks without the express written consent of training4impact.com; and

– use the Service in any manner which may be at any time deemed by training4impact.com in its sole opinion, as inappropriate, an abuse of the Service and/or an infringement of the Objective of the Service.

 

5.2. The Licence does provide a limited, revocable and non-exclusive right to create a hyperlink to the home page of training4impact.com. The use or creation of this hyperlink may not however portray training4impact.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You also may not use any training4impact.com logo or other proprietary graphic or trademark as part of the link without express written permission.

 

5.3. Any infringement of the Licence will automatically terminate the Licence granted by training4impact.com and any further use by you of the Service will be unauthorised.

 

5.4. training4impact.com reserves fully the right to refuse and/or revoke the grant of the Licence to you for any reason whatsoever, as may be decided, on a case by case basis, by training4impact.com.

 

  1. Use

6.1. You agree to act in a responsible and legal manner when using the Service. You shall comply with all applicable laws, regulations and rules and undertake not to use the Service or an allow the Service to be used for any unlawful purpose, for the commission of any offense or crime, or in any manner that could give rise to civil liability, under the laws of any jurisdiction to which access is obtained to the Service or in a manner that is likely to cause harm, offense or nuisance to any other User.

 

6.2. You may post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties, objectionable, or consist of or contain software viruses, political projecting, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

 

6.3. You may not use a false email address, impersonate any person or entity, otherwise mislead as to the origin of a card or other content or misuse the Service in any manner which could damage, disable, overburden or impair the utility of the Service, this includes hacking or gaining unauthorised access to the Service and its data. You grant training4impact.com and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

 

6.4. If you do post content or submit material, and unless we indicate otherwise, you grant training4impact.com and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

 

6.5. You represent and warrant that the content you submit is accurate, that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

 

6.6. training4impact.com reserves the right but not the obligation to monitor and edit or remove any activity or content. training4impact.com takes no responsibility and assumes no liability for any content posted by you or any third party. In addition to any other remedies available to training4impact.com arising from these Terms of Use, you agree to compensate training4impact.com for any losses, costs and expenses of whatever nature training4impact.com may suffer arising as a result of your breach of these Terms of Use.

 

6.7. You agree that if you breach these Terms of Use, you will indemnify and hold training4impact.com harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to or arising from any such infringement.

 

  1. Project Owners and Contributors

 

7.1. By assuming the role of a Contributor or Project Owner on training4impact.com, you agree to be bound by these Terms of Use, including but not limited to the following terms:

– Contributors agree to provide their payment information at the time they contribute to a project. The payment will be collected at or after the project deadline. The amount contributed is the amount they will be charged;

– Contributors consent to training4impact.com and its payments partners authorising or reserving a charge on their payment card or other payment method for any amount up to the full contribution at any time between the contribution and collection of the funds;

– Contributors agree to have sufficient funds or credit available at the Project deadline to ensure that the contribution will be collectible;

– Contributors may increase, decrease, or cancel their contribution at any time during the fundraising Project, except that they may not cancel or reduce their contribution if the Project is in its final 24 hours and the cancellation or reduction would drop the Project below its goal;

– The estimated delivery date listed on each crowdfunding rewards is not a promise to fulfil by that date, but is merely an estimate of when the Project Owner hopes to fulfil by;

– Project Owners agree to make a good faith attempt to fulfil each reward by its estimated delivery date;

– For all projects, training4impact.com gives to the Project Owner each Contributor’s user ID and contribution amount. For successful Projects, training4impact.com additionally gives to the Project Owner each Contributor’s name and email;

– For some rewards, the Project Owner needs further information from Contributors, such as a mailing address or t-shirt size, to enable the Project Owner to deliver the rewards. The Project Owner shall request the information directly from Contributors at some point after the fundraising Project is successful. To receive the reward, Contributors agree to provide the requested information to the Project Owner within a reasonable amount of time;

– training4impact.com does not offer refunds and a Project Owner is not required to grant a Contributor’s request for a refund unless the Project Owner is unable or unwilling to fulfil the reward;

– Project Owners are required to fulfil all rewards of their successful fundraising projects or refund any Contributor whose reward they do not or cannot fulfil;

– Project Owners may request to cancel or refund a Contribution at any time and for any reason, and if they do so, are not required to fulfil the reward;

– Due to occasional failures of Contributors to honour their Contribution, training4impact.com cannot guarantee the receipt by Project Owners of the amount contributed;

– training4impact.com and its payments partners will remove their fees before transmitting proceeds of a project. Fees may vary depending on region and other factors;

– training4impact.com reserves the right to cancel a Contribution at any time and for any reason;

– training4impact.com reserves the right to reject, cancel, interrupt, remove, or suspend a Project at any time and for any reason. training4impact.com is not liable for any damages as a result of any of those actions. training4impact.com policy is not to comment on the reasons for any of those actions; and

– Project Owners should not take any action in reliance on having their Project posted on the Service or having any of the money contributed until they have the ability to withdraw and utilise the money. There may be a delay between the end of a successful fundraising project and access to the funds.

7.2. Project Owners are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. Any Project that appears impossible will not be approved. You must comply with all applicable laws and regulations in carrying out your Project, offering Rewards and using Contributions.

7.3. Project Owners are not permitted to offer or provide any of the following as a reward:

– alcohol or any other controlled substance;

– drug paraphernalia;

– weapons, ammunition, and related accessories;

– items promoting hate, personal injury, death, damage, or destruction to property; or

– any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person’s rights if you were to distribute it.

 

  1. Registration

8.1. Project Owners will be required to register a password protected account with training4impact.com and agree to these Terms of Use as stated on this page.

8.2. training4impact.com reserves the right to refuse your registration with the Service for any reason whatsoever.

8.3. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. In that regard you agree that training4impact.com takes no responsibility for fraudulent use of your account. However, if you believe that your account has been compromised and/or is being used by another person, we recommend that you change your account immediately and contact us using info@training4impact.com.

8.4. You must be 18 years or older to make a Contribution or submit a Project. In using or registering with the Service, you represent that you, whether an individual or corporate user, have the legal capacity to form a binding contract.

8.5. training4impact.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

  1. Accounts & Process

9.1. Project Owners are granted access to submit Project details via training4impact.com and have two project type options when creating Projects, namely:

– All or Nothing – At the end of a project deadline, if the project has not met its target amount, no charges will be made to Contributors.

– Keep it All – At the end of a project deadline, all contributions will be charged whether or not the target is met.

9.2. Project Owners will be able to track the progress of their Project through their account and update details as required. Contributors will be able to track the progress of any of the Projects posted on the Service by accessing the website and clicking on the relevant Project page.

9.3. Contributors will be able to make Contributions to Projects by accessing a link on the Project page, which will redirect the Contributor to a secure payment form for submission to allow/process payment.

 

  1. Termination

10.1. training4impact.com may terminate your account or Use of the Service if you are in breach of any of these Terms of Use and fail to correct such breach within seven (7) days of adequate notice specifying the breach.

10.2. training4impact.com does however reserve the right to terminate your account or Use of the Service immediately, in its sole discretion and on a case specific basis, for breaches of any of these Terms of Use.

10.3. training4impact.com reserves the right to terminate use in relation to individual Users who are declared bankrupt or for incorporated Users, following an event of insolvency including insolvent liquidation, receivership, examinership or if the incorporated User is unable to pay its debts as they fall due within the meaning of Division 2 – Administrative offences – Section 81 of the German Foreign Trade and Payments Ordinance

10.4. Termination or expiry of these Terms of Use shall not affect the accrued rights of the Users and training4impact.com under these Terms of Use subsequent to such expiry and/or termination.

 

  1. Fees & Payments

11.1. Setting up an account on training4impact.com is free. training4impact.com do however charge an administration fee ,and in order to cover transaction fees, a further deduction of 3% + €0.25 will be made for payment processing and bank charges. The fees, depending on the type of Project will be charged as follows:-

– All or nothing Crowdfunding; deduction of 4% of Contribution (admin fees) and 3% of Contribution plus €0.36 (transaction fees).

– Keep it all Crowdfunding; deduction of 6% of Contribution (admin fees) and 3% of Contribution plus €0.36 (transaction fees).

11.2. All fees and amounts stated in relation to the Service are in Euro unless otherwise stated. Depending on the type of Project, your Contribution may not be debited immediately and instead this will occur at the end of the Project when the cumulative Contributions for the Project reach the stated target.

11.3. Due to the risk of Contributions not being honored, training4impact.com does not guarantee that the actual monies received by the Project Owner will equal the value stated as having been contributed.

11.4. Users making contributions by charge card or credit card hereby agree and assure training4impact.com that:

– all charge card or credit card information supplied is true, correct and complete;

– the person making the crowdfunding donations duly authorized to use the charge card or credit card for that purpose; and

– the contributions and the fees will be honoured by the contributor’s charge/credit card company.

11.5. If You discover that a contribution has been made in relation to this Service using your charge card or credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details or password) training4impact.com is required to refund to you the money they receive provided that:

(a) You inform your credit card or charge card company and training4impact.com of the unauthorised payment as soon as you discover it; and

(b) You co-operate with your credit card company and training4impact.com and, if necessary, the police in relation to the unauthorised use.

11.6. However, in the absence of fraud, you shall not have any right of cancellation of your Contribution and in placing a Contribution, in the absence of fraud, you agree to satisfy all such pledges.

11.7. training4impact.com take no responsibility for your dissatisfaction with the use of a Contribution to any Project. If you have cause for dissatisfaction with the use of your Contribution you may contact the Project Owner directly using the contact form provided on the website.

 

  1. Limitation of Liability

12.1. By creating a fundraising project on training4impact.com, you as the Project Owner are offering the public the opportunity to enter into a contract with you.

12.2. By backing a fundraising project on training4impact.com, you as the Contributor accept that offer and the contract between Contributor and Project Owner is formed. training4impact.com is not a party to that agreement between the Contributors and Project Owner. All dealings and any dispute that may arise are solely between Users. training4impact.com does not oversee the performance or punctuality of Projects.

12.3. training4impact.com will not be responsible for any interactions between Contributors and Project Owners. All matters agreed between Contributors and Project Owners are between those parties and not training4impact.com.

12.4. training4impact.com makes no warranty as to the accuracy, reliability or currency of any information/content on the website or Service.

12.5. There shall be no liability for training4impact.com for any interruption or suspension of the Service due to circumstances beyond the control of training4impact.com.

12.6. training4impact.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access to or use of the Service.

12.7. To the fullest extent permitted by the law, training4impact.com excludes all liability to you for the following loss, howsoever arising, under or in connection with these Terms of Use or your use of the Service:

– loss of actual or anticipated profits or loss of sales;

– loss of business, business opportunity, investment or customers;

– loss of actual or anticipated revenue or savings;

– loss of, damage to, or reduction in value of, goodwill or reputation;

– loss of, or loss of use of, or damage to, any software or data or equipment (including, without limitation, computer equipment);

– loss and/or liabilities arising under or in relation to any other contract; and/or

– indirect, economic, consequential, exemplary, punitive, special, or incidental damages or losses.

12.8. training4impact.com is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with projects on the Site.

12.9. You release training4impact.com, its officers, employees, agents, and successors from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Service.

12.10. training4impact.com expressly disclaims all and shall not be deemed to have given any warranties, express or implied (by law or otherwise), and (other than as set out in these Terms of Use) in relation to the Service.

 

  1. Applicable Law

By visiting training4impact.com, you agree that the German law and the Courts of Germany shall have jurisdiction to determine any dispute arising in connection with them.

 

  1. Failure to comply with these Terms of Use

If you fail to comply with these Terms of Use, training4impact.com may suspend or terminate your account or Use of the Service.

 

  1. Site Policies, Modifications and Severability

15.1. Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to training4impact.com.

15.2. We reserve the right to make changes to our site, policies, and these Terms of Use at any time.

15.3. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

 

QUESTIONS:

Questions regarding our Terms of Use, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact” link in the website menu bar. Or you can email us at: info@training4impact.com.