Effective January 1, 2016
We may change these terms from time to time; and if we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending an email to you. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using TechBnk after a change, that means you accept the new terms.
In these Terms, we refer to those raising funds as “Project Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Project Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”
TechBnk is a Site
TechBnk is an online crowdfunding site for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Project Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks“) to Contributors. Perks are not offered for sale. TechBnk makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. TechBnk does not represent that Project Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. TechBnk reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Project Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Project Owners shall not make any false or misleading statements in connection with their Campaigns.
Project Owners are not permitted to offer or provide any of the following as a Perk:
- any form of “security” (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
TechBnk is not a site for promoting hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam.
You must not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- take any action that imposes, in TechBnk’s sole discretion, an unreasonable load on TechBnk’s infrastructure.
TechBnk reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Campaign Images
Project Owners are not permitted to do any of the following with Campaign images:
- Incorporate TechBnk colors and branding elements, including but not limited to logos, colored frames, borders or badges;
- Include any visual element that could be interpreted to have been produced by TechBnk, including but not limited to banners, progress bars or funding stats;
- Include any visual element that communicates endorsement by TechBnk.
Disputes between Project Owners and Contributors
Project Owners are legally bound to perform on any promise and/or commitment to Contributors (Including delivering any Perks). TechBnk does not recognize any third party and/or agency affiliated with the Campaign as a Project Owner. If a Project Owner is unable to perform on any promise and/or commitment to Contributors, the Project Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Project Owner. TechBnk is under no obligation to become involved in disputes between Project Owners and Contributors, or Users and any third party. In addition, TechBnk is under no obligation to become involved in disputes regarding the determination of the rightful Project Owner, and will not be obligated to make any changes to Project Owner accounts or transfer of ownership. In the event of any dispute, such as a Project Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Project Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify TechBnk immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information TechBnk may reasonably request and to answer truthfully and completely any questions TechBnk might ask you in order to verify such User’s identity.
License to Users
TechBnk grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
Project Owners are permitted to offer Perks to Contributors. Project Owners are legally bound to perform on any promise and/or commitment to Contributors (Including delivering any Perks). Project Owners will respond promptly and truthfully to all questions posed to them by TechBnk or any Contributor. If any Project Owner is unable to fulfill any of its commitments to Contributors (Including delivering any Perks), the Project Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Project Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Project Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Perks. TechBnk may attempt to verify the identity and other information provided to us by Project Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.
Contributors are solely responsible for asking questions and investigating Project Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. TechBnk does not guarantee that Contributions will be used as promised, that Project Owners will deliver Perks, or that the Campaign will achieve its goals. TechBnk does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be cancelled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Project Owners as a portion of the Contributions they raise (the “Service Fees“). By using the Services Users agree to our Service Fees listed here http://www.support.techbnk.com/fees. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Links to Other Websites
This Website may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of TechBnk or our affiliates. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on this Website, that does not mean that we endorse that other website or in any way recommend that you should use it.
A Project Owner whose Campaign reaches its funding goal may elect to continue raising funds after the Campaign ends by participating in the MarkedIn program (“MarkedIn“). More details about MarkedIn and how Project Owners can opt in can be found in the MarkedIn FAQ. All TechBnk fees and payment options will remain the same; provided that, payment disbursements will be made on a four (4) week cycle. All terms and conditions that apply to Campaigns shall continue to apply once a Campaign enters MarkedIn. Project Owners that have Perks in MarkedIn will not link to or promote an alternative service or website for contributions or pre-orders within their MarkedIn pages. TechBnk may remove a Campaign from MarkedIn if Perks have not been fulfilled within three (3) months after the estimated delivery date, or if the fulfillment of Perks is delayed indefinitely.
Users may create a “Partner Page” on TechBnk’s website to link their brand with one or more Campaigns.
The Website may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Website’s page layout, underlying code and software we refer to all of these as “User Content“. All of the Content is the property of TechBnk, our affiliates or third parties with whom we do business, and this means that it is protected by United Kingdom and international intellectual property laws and other relevant laws. As between Users and TechBnk, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law. This means that, except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1988 (which contains what are generally known as the “fair use” provisions for copyrighted materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by TechBnk. For the avoidance of doubt, data mining or scraping the Website without the express written permission of TechBnk is not permitted.
Project Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion“) on the Services without TechBnk’s prior written permission (which may be granted or withheld by TechBnk in its sole and absolute discretion). Project Owners may request permission from TechBnk by sending an email to support@TechBnk.com. Subject to and upon any such permission, each Project Owner offering any Promotion further acknowledges and agrees that: (a) such Project Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall Include clear and conspicuous language to the effect that: (i) TechBnk does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases TechBnk from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Project Owner and not to TechBnk.
Third-Party Websites, Advertisers or Services
Project Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Project Owners on TechBnk are provided by Stripe, Limited. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which Includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By continuing to operate as a Project Owner on TechBnk, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to TechBnk enabling credit card payment processing services through Stripe, you agree to provide TechBnk accurate and complete information about you and your business, and you authorize TechBnk to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
Each User agrees to defend, indemnify and hold harmless TechBnk, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (Including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. TechBnk may assume the exclusive defense and control of any matter for which Users have agreed to indemnify TechBnk, and each User agrees to assist and cooperate with TechBnk in the defense or settlement of any such matters.
TechBnk has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Waiver and Release
The following applies for Users in a jurisdiction that requires a specific statement regarding waiver and release. For example, residents of California and other jurisdictions with similar restrictions must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
TECHBNK (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO TECHBNK FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TECHBNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow TechBnk to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then TechBnk’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, TechBnk does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by TechBnk without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but TechBnk may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, Including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in United Kingdom (the principal place of business and corporate headquarters of TechBnk); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over TechBnk, either specific or general, in jurisdictions other than United Kingdom. These Terms of Service, and the relationship between you and TechBnk created by it, shall be governed by and construed in accordance with the laws of England and Wales.
You agree to submit to the exclusive jurisdiction of the courts of England and Wales, without respect to its conflict of laws principles. This means that if you want to bring a legal action against us, or we want to bring a legal action against you, it must be done in one of these courts.
Project Owners and other Users should be aware that TechBnk merely provides a technology platform to allow Project Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Notwithstanding the specific promises we make in a Platform Agreement to which Users are a party, you need to be aware that:
- We make no warranty or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate.
- We make no guarantee of any specific results from the use of the Website.
- No part of this Website is intended to constitute advice, and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- The Website is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and / or faults.
- We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
- To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, and you use the Website and its Content at your own risk. This is not intended to exclude or restrict our liability for death or personal injury arising from your use of the Website.
- Users should be aware that they use the Website and its Content at their own risk.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United Kingdom.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree TechBnk may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by TechBnk might be similar or even identical to a submission received by TechBnk, the following policy applies to all third party User submissions to TechBnk of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) TechBnk will have no obligation concerning the submission, contractual or otherwise (Including, without limitation, confidentiality); (c) TechBnk will not be liable for any use or disclosure of any submission; and (d) TechBnk shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
These Terms are the entire agreement between each User and TechBnk regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. TechBnk’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
TechBnk may alter the Terms at any time, so please review them frequently. If a material change is made, TechBnk may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at TechBnk’s sole discretion, in good faith, and using common sense and reasonable judgment.