Terms and Conditions

The Funding Forum User Contract

1. Introduction
This User Contract is a legal document which sets out your rights and obligations, and those of The Funding Forum Limited ("we" or "us"), in relation to this site (“TFF”) and the services offered by us through it. You must take the time to read and understand it. By registering for or using TFF, you accept that you are entering into a contract with us on the terms of this User Contract. You should be aware that this User Contract may change from time to time in accordance with paragraph 24 below.

2. TFF and its different types of user
These are the types of TFF user:

  1. Project Owners: individuals who offer the opportunity to contribute financially to support their Project through TFF;
  2. Visitors: people who access the TFF site but don’t register with us;
  3. Funders: people who register on TFF and who contribute financially to support Projects.

Our “How It Works” pages and the FAQs available on TFF provide further information about our service; you should consult them if you have queries or issues about TFF.

Project Owners, Visitors, and Funders are collectively referred to as “Users” in this User Contract. When Project Owners and Funders register for TFF, they each establish a “TFF Account”.

3. TFF Registration
The two types of registered TFF User are Project Owner and Funder.

If you register as a Project owner, you may also support other projects as a Funder using the same Account.

If you make a TFF Registration, you agree to do so using accurate and current information about yourself – including your correct name, address and any other requested details. TFF does not ask or take any credit, debit or charge card details (“Payment Details”) from you during the Registration process – all funds are transferred via Paypal for maximum security.  TFF do not have access to and therefore do not retain your Payment Details.

As part of the TFF Registration process, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow. Please note that we may accept or decline applications to join TFF. If a TFF Registration is rejected, then we will delete from our systems all information provided by that applicant as part of the TFF Registration process.

If we offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - or if we offer goods for sale, the payment terms for those goods or services will be provided to you at the time and it will be up to you whether you accept them or not .

4. Charges
TFF Registration is free.  On successful completion of a project, the money is transferred by PayPal directly from the Funder to the Project Owner.  A processing fee of 5% is transferred to TFF and Paypal take a further fee of up to 3.4% (their standard fee for receiving funds into your Paypal account).  Project Owners should include these costs when calculating the total amount they require to raise to fund their project.

If the project does not reach its funding target then no money changes hands.

5. Rewards
Rewards are unique products, services or experiences that are provided to Funders who contribute financially towards a Project. 

Upon successful funding of a Project the Project Owner will endeavour to provide the appropriate Reward to each contributing Funder within a reasonable timeframe.

The Project Owner is responsible for providing the Reward to the Funder and for ensuring that they gather the required information from each Funder to be able to provide and deliver the correct Reward.

We are not a party to, and shall not be responsible for, transactions, agreements and/or disputes between Users arising in connection with the provision and fulfilment of Rewards.

6.  Intellectual Property
Any text, audio, audio-visual or other material that is associated with a User, or with a User’s TFF Registration, is referred to as “User Content” from here on.

By uploading User Content onto TFF, a User expressly:

a.  grants to us a non-exclusive licence to use, reproduce, modify, distribute and show in public that User Content on and through TFF;

b.  undertakes that all moral rights (namely, the right of any person to be identified as the author, and the right to integrity, of the User Content) are satisfied in respect of the relevant User Content by the manner in which it is presented and dealt with on and through TFF; and

c.  grants to other Users (through us, under our non-exclusive licence referred to above), the non-exclusive, personal, non-transferable right to use and reproduce the relevant User Content both for personal use and for public performance.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to TFF and User Content are owned by, or subject to exclusive licenses in favour of, us or the relevant User. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from TFF, or any of the material which is found on TFF unless properly licensed to do so by us under a separate written contract.

7. Ending use of TFF.
Users can stop using TFF at any time. Stopping use does not imply a User’s right to remove User Content from TFF.

If you cancel your TFF Account, or we cancel it for any reason, or you stop using TFF, you remain responsible for performing your obligations under this User Contract, and the rights granted to us under paragraph 8 of this User Contract will not be terminated as a result.

8. Privacy policy.
Our privacy policy forms part of this User Contract, and by agreeing to this User Contract, you also give your consent to the way we may handle your personal data in that policy.

9. Our Role.
You acknowledge that we are not and cannot be responsible for the behaviour of Users - whether on TFF or outside of it. In particular, you should be aware that whilst TFF makes best endeavours to monitor User Content you acknowledge that you may be exposed to User Content that is offensive, indecent, objectionable, or otherwise infringes the requirements of this User Contract or the law. Under no circumstances will we be liable in any way for User Content. 

We are not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes between Users arising in connection with the use of TFF.

You also acknowledge that the subject matter of projects in no way represent the opinion or support of TFF.  Permitting a project to be posted  does not constitute our agreement with or our support of the project owners beliefs or opinions.

10. Unavailability
From time to time, TFF or User Content may be unavailable. We cannot guarantee continuous access to TFF or to User Content. However, we will strive to ensure that the periods of planned unavailability, which you will be informed of when you access TFF at the relevant time, are kept to a minimum.

11. Software.
We may make available to Users the ability to use certain TFF and third party software (collectively, the “Licensed Material”) as part of their use of TFF. It is to be used in accordance with our FAQs and other service documentation available on the TFF site. The Licensed Material may not be copied or distributed, or used for any purpose other than using TFF in accordance with this User Contract. You may not reverse engineer, decompile or disassemble any of the Licensed Material except to the extent expressly permitted by applicable law. Third party software and associated documentation comprised in the Licensed Material is subject to the licensing conditions imposed by the proprietors of that software.

12. Misuse.
We reserve the right (a) to suspend or terminate any User’s access to TFF, or parts of it, and/or (b) to remove from access via TFF any User Content (and any other User Content apparently controlled by the same User) if the relevant User or User Content appears to us to be in breach of any provision of this User Contract.
Each User must ensure that User Content uploaded onto TFF by him/her/them or associated with that User’s TFF Account, and the use and exploitation of it under this User Contract:

a.  does not breach any criminal laws including but not limited to the Communications Act 2003, the Protection from Harassment Act 1997, The Protection of Children Act 1978, the Sexual Offences Act 2003, the Obscene Publications Act 1959 and the Obscene Publications Act 1964.

b.  does not infringe the rights of any third parties or any laws or regulations, including (in the European Union) the Data Protection Directive (95/46/EC), the Directive on Privacy and Electronic Communications (2002/58/EC), the Electronic Commerce Directive (00/31/EC) and the Distance Selling Directive (97/7/EC), and any national implementations thereof, in any country where any message is originated or delivered;

c.  is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;

d.  is not intended or likely to cause needless annoyance, inconvenience or distress to any person;

e.  does not contain any defamatory or racist material, or depict or advocate drug taking, violence or the use of weapons, or include abundant or gratuitous swearing or coarse language;

f.  does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;

g.  does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising and privacy);

h.  does not breach the rights of any person or entity (including copyright or any rights or expectations of privacy), and has the prior documented consent of all persons appearing in the User Content;

i.  does not advertise any goods or services, except that Project Owners may use TFF to advertise and promote their own careers and the goods and services associated with Projects featured in TFF.

Each User also agrees not to disrupt or interfere with a Funder’s contribution to a Project or a Project Owner’s (or our) commercial objectives.

If a User sees or experiences any User Content, or any content, activity or communication undertaken or appearing on, through or in connection with TFF, that appears to infringe the above, please notify us – providing full details of the material in question – at info@thefundingforum.co.uk

13. Contact from third parties.
If anyone contacts us in relation to your User Content or content, activity or communication undertaken or appearing on, through or in connection with it, then you agree:

a.  to provide all reasonable information and assistance we may require in connection with responding to that contact; and

b.  to respond promptly and accurately to it, should we pass the message to you for a response.

14. Additional services.
 We or our affiliates may offer new or additional services through TFF from time to time. Users’ use of those services may be subject to additional terms and conditions, which they must comply with. Provided that those terms are notified to you through TFF in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this User Contract.

15. Operation of TFF.
We reserve the right to withdraw or modify one or more aspects of TFF, or all of it, where we have legal or commercial reasons to do so. There may also be times when TFF becomes inaccessible as a result of technical difficulties experienced by us or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. For security or other reasons, we may require you to change password or other information which facilitates access to TFF; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

16. Liability.

WE WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR: (I) ANY LOSS OF BUSINESS, BARGAIN, DATA, PROFIT, GOODWILL, REPUTATION, OPPORTUNITY OR ANY OTHER INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS IN CONSEQUENCE OF ANY BREACH OF THESE TERMS; or (II) ANY DIRECT LOSS, IN EXCESS OF THE TOTAL AMOUNT OF FEES YOU PAID TO US UNDER THESE TERMS IN THE CALENDAR YEAR IN WHICH THE CLAIM IS MADE WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS,OR IF NO FEES WERE PAID, £100 PER CLAIM OR SERIES OF CLAIMS ARISING FROM ONE INCIDENT.

TFF Ltd are not liable for any breaches in relation to the contract between the Project Owner and Funder(s) - e.g. in a situation where, after successful completion of a project, Paypal is unable to transfer funds from a Funder due to a problem with their PayPal Account, such as insufficient funds or no satisfactory payment method associated with their PayPal account, TFF will not be held liable - it is the responsibility of the Project Owner to resolve the payment problem directly with the funder.  TFF will provide contact details to enable direct contact between the two contracting parties if/as required.

We can't accept the following: Projects that involve fund my life or personal gain, loans, investments, property, equity, personal health and medical expenses or court cases.  Any project that isn't able to offer rewards. A pitch from anyone under the age of 18.  Please read our full guidelines here.

1.  We warrant that TFF will be provided with reasonable care and skill with the intention of meeting our specifications for TFF, but:

a.  note that TFF is a new service, and that aspects of the service that are not completely final, may have bugs or be difficult to use; and

b.  we cannot and do not guarantee that TFF will meet your requirements, including (without limitation) as to the quality, availability or speed of delivery of any User Content.

2.  We will be liable as expressly provided in this User Contract, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.

3.  Nothing in this User Contract shall exclude or restrict our liability for death or personal injury resulting from our negligence.

4.  Except as expressly stated elsewhere in this User Contract, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are excluded, except in the case of fraud, or where exclusion is not permitted by law. 

5.  For the avoidance of doubt, we will not have liability to you or any other person in respect of User Content or content, or any activity or communication undertaken or appearing on, through or in connection with User Content.

17. Indemnity.
1.  Each party (“indemnifier”) shall respectively, as provided in

a. and b. below, indemnify the other party (“indemnified”) against all costs, claims, expenses and liabilities arising out of any action, demand, allegation or proceeding by any person or entity (including, without limitation, any regulator) based on:

a.  indemnification by us: an allegation that the use or possession by you of the Licensed Material in accordance with paragraph 14 above infringes the copyright or other intellectual property rights of any third party; or

b.  indemnification by User: an allegation which, if proved, would show that the User had breached paragraph 8 or paragraph 15 above.

2.  Indemnification under sub-paragraph a. above is conditional upon the indemnified:

a.  notifying the indemnifier promptly upon being notified or becoming aware of any matter which may be indemnifiable by the indemnifier under that sub-paragraph;

b.  giving to the indemnifier the entire control of the defence and settlement of such matter; provided the indemnifier gives to the indemnified upon request reasonable security for the conduct of the matter, in the absence of which the indemnified shall conduct the defence and settlement of the matter in accordance with reasonable instructions given by the indemnifier, subject to the instructions being given as promptly as the indemnified reasonably requires; and

c.  providing to the indemnifier (at the indemnifier's expense) all reasonable assistance requested by indemnifier in connection with such defence and settlement, including (without limitation) by executing documents.

18. Suspension.
In addition to the other rights of suspension specified in this User Contract, we are entitled to suspend provision of TFF to a User or the availability of User Content to a User (as the case may be) at any time if:

a.  We are entitled to terminate this User Contract;

b.  We are obliged or advised to comply with an order, instruction or request of the government, regulator, court or other competent authority; or

c.  We have cause to believe in our reasonable opinion that the User is in breach of any of its obligations under this User Contract or any other agreement between the User and us.

19. Termination.
In addition to any other termination rights expressed above, this User Contract may be terminated by either party if the other has failed to perform any material obligation required to be performed under this User Contract and that failure is not corrected within 30 days from receipt of written notice advising of that failure from the other party, which notice shall make reference to this paragraph.

20. Assignment.
We reserve the right to assign this User Contract, and to assign or subcontract any or all of our rights and obligations under this User Contract, but will not do so in such a way as to reduce any guarantees you are given under this User Contract. You may not without our written consent assign or dispose of this User Contract, nor subcontract any of your rights and obligations under it.

21. Entire Agreement.
This User Contract, which we believe to be fair and reasonable, is intended to contain your entire agreement with us relating to TFF, except for any fraud or fraudulent representation by either of us.

 
No oral explanation or oral information given by any party will alter the interpretation of this User Contract. A person who is not a party to this User Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of this User Contract.

22. Changes to this User Contract.
We reserve the right to change this User Contract from time to time, and post the new version on thefundingforum.co.uk. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.thefundingforum.co.uk), and the new version of these terms and conditions will take effect, and will govern TFF and your relationship with us:

a.  beginning thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this User Contract which is capable of adversely affecting you; if you do not wish to be governed by the new version of the User Contract, you may notify us on or before the date when the new version of the User Contract is to take effect, and from that date you must stop using TFF; or

b.  immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this User Contract.

23. General.
If any term of this User Contract is held to be invalid or unenforceable by judicial decree or decision, the remainder of this User Contract shall remain valid and enforceable. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this User Contract. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

24. Law.
This User Contract shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

25. Keeping this User Contract.
We don’t separately file the individual User Contracts entered into by Users when they register for TFF. Please make a durable copy of this User Contract by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

26. Contact.
We are The Funding Forum Limited, and our address is Unit 30, Austen Close, Billingham TS23 3GT. We are a company registered in England and Wales under registration no 08090518. Please note that all notices under this User Contract are to be sent and received by email. For this purpose, your notices should be sent to info@thefundingforum.co.uk and we will send our notices to you at the email address you notify to us when you register as a User in your TFF Registration details.