TERMS OF USE
1. ABOUT HALALFUNDER
1.1 We are Halalfunder Ltd (a company registered in England and Wales with number 08222114) and this is our website, Halalfunder (which we will call "HF" in these Terms of Use). HF is a portal through which people can run campaigns structured in a variety of ways to fund creative projects ("Projects"), and/or pledge money to support such Projects. We call people who set up and publicise creative Projects through HF "Entrepreneurs" and people who pledge money to such Projects "Investors".
1.2 These Terms of Use are an agreement between you and us. Accordingly we will refer to you in this agreement as "you", "your" and so on – and when we mention "Users", we mean anyone who uses the site. We will refer to data submitted for display on HF by Users as "User Data". See Term 6 below for more on this.
1.3 A lot of time and energy has gone into developing HF and these Terms of Use are a key part of explaining how HF is to be used and what our relationship with you regarding it will be. You may only use HF if you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use HF.
2. REGISTRATION, FEES AND PAYMENTS
2.1 You may view HF without registering, but in order to use most of the site's functionality, you will need to register for an account (an "Account"). To access your Account you will be issued with a user name and password. The user name and password are personal to you and are not transferable.
2.2 Your user name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on HF by anyone using your Account and any payments made via HF by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
2.3 Registering for an Account on HF is free. However, we do charge fees for certain services such as when releasing funding. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged. If we make changes to fees payable, these will be effective after we post the changes on HF. You are responsible for paying all fees and taxes associated with your use of HF.
2.4 You will need a PayPal account to make or receive payments via HF. Any account you have with PayPal will be subject to PayPal's own Terms and Conditions, available at their website www.paypal.com.
3. PROJECTS
3.1 Projects may be set up based on any one of a number of different types ("Project Types"). In addition to this, you may customise your Project by adding extra features ("Features"). Entrepreneurs may offer rewards for Users who pledge to contribute a specified amount or specified activity to a Project ("Rewards").
3.2 Project Types
(a) All or Nothing Projects
(i) An All or Nothing Project is a Project where the Entrepreneur specifies how much money they wish to raise (a "Fundraising Goal") and a time period during which they aim to raise this money, ending at a specified date and time (the "Project Deadline").
(ii) If the pledges received from Investors before the Project Deadline equal or exceed the Fundraising Goal, the pledges will be automatically charged to the Investors and the money will be transferred to the Entrepreneur. If the Fundraising Goal is not reached by the Project Deadline, Investors will not be charged and the Entrepreneur will receive nothing.
(iii) Investors will only qualify for receiving a Reward if the Project reaches its Fundraising Goal.
(iv) Pledges will be charged at or after the Project Deadline and only if the amount of money pledged as of the Project Deadline is at least equal to the Fundraising Goal. The amount pledged by an Investor at the Project Deadline will be the amount that this Investor will be charged. Investors may increase, decrease, or cancel a pledge they have made at any time, although an Investor may not cancel or reduce a pledge if the Project is in its final 24 hours.
(b) Keep It All Projects
(i) In a Keep It All Project the Entrepreneur sets a Fundraising Goal. However, even if the Fundraising Goal is not reached by the Project Deadline, all Investors who have pledged money at the Project Deadline will be charged, and this money will be transferred to the Entrepreneur.
(ii) Entrepreneurs may offer Rewards. Investors who have pledged the amount specified for a Reward will qualify for that Reward even if the Project does not reach its Fundraising Goal.
(iii) The amount pledged by an Investor at the Project Deadline will be the amount that this Investor will be charged. Investors may increase, decrease, or cancel a pledge they have made at any time, although an Investor may not cancel or reduce a pledge if the Project is in its final 24 hours.
(c) Milestone Funded Projects
(i) A Milestone Funded Project is in two stages. When setting up the Project, the Entrepreneur will specify how much money will be needed for various results-defined stages of the Project ("Milestones") along with a Fundraising Goal.
(ii) Up until the Project Deadline a Ransom Funded Project runs like an All or Nothing Project. If the Fundraising Goal is not reached, Investors who have pledges to the Project at the Project Deadline ("Project Investors") will not be charged, the Entrepreneur will receive nothing.and the Project will end.
(iii) Entrepreneurs may offer Rewards. Investors will only qualify for receiving a Reward if the Project reaches its Fundraising Goal.
(iv) If the Fundraising Goal is reached, only the percentage of each Investor's pledge needed for the development of the first Milestone will be paid from the Project Investors to the Entrepreneur. At this stage, Project Investors will be given access to a Work Area (as defined below in 3.3(e)). Access to this Work Area will be limited to Project Investors and the Entrepreneur (we will refer to this special type of Work Area as an "Investor Area").
(v) Project Investors will be able, through the Investor Area, to be involved with the development of the Entrepreneur's product. The Entrepreneur will continue to develop the Project with input from the Project Investors.
(vi) If the Entrepreneur believes that a Milestone has been met, they can open a 30 day voting period. During this period, each Investor may vote via a menu in the Investor Area on whether they view the Milestone as complete. If over 50% of Investors vote in favour of approving the Milestone, the Milestone will be approved, and the part of the pledged money assigned to the development of the next Milestone will be paid from the Project Investors to the Entrepreneur. If a Project Investor does not vote during the 30 day period, their vote will be disregarded and the test for approval of the Milestone will be whether more than 50% of the total votes cast within the period are in favour. This process will continue until all Milestones have been completed.
(vii) If a Milestone is not approved (i.e. receives under 50% of votes), the Entrepreneur may alter and update the Project based on Investor feedback, then resubmit it for further voting periods until such time as that Milestone is approved by a majority of Investors.
3.3 Features
(a) "Fund A Feature"
(i) As part of a Project, the Entrepreneur may offer a selection of features that they would like to develop and invite Investors to pledge money towards any which they would like to be produced ("Fund A Feature").
(ii) Investors will have the option to structure Fund A Feature in two ways:
(A) A number of features may be offered during a time frame specified by the Entrepreneur. Investors may pledge money towards any of these features as if they were All Or Nothing Projects. The feature which receives the most pledges from Investors and meets its Fundraising Goal during that time frame will be funded. Investors who have made pledges for the successful feature will be charged. Investors who have made pledges for the development of the other features will not be charged.
(B) A number of features may be offered during a time frame specified by the Entrepreneur. Investors may pledge money towards any of these features as if they were All Or Nothing Projects. Any of such features which meet their Fundraising Goal within the time frame will be funded. Investors who have made pledges for these features will be charged. Investors who have made pledges for features which have not met their Fundraising Goal will not be charged.
(b) "Micro Services"
(i) As part of a Project, Entrepreneurs may offer Users the opportunity to perform services connected to the development of a product (for example Beta Testing, proof-reading) in return for Rewards (a "Micro Service").
(ii) Each Micro Service opportunity promoted as part of a Project must clearly state the associated Reward, and the actions that must be taken by a User to qualify for such a Reward.
(iii) Micro Services may be subject to further terms and conditions imposed by the Entrepreneur, including limitations on the number of Users who may take them up and time-frames for the performance of the Micro Service.
(iv) If a User has successfully applied to provide a Micro Service and performed the required actions of that Micro Service to the Entrepreneur's reasonable satisfaction, the User shall qualify for the Reward.
(c)"Volunteers"
(i) As part of a Project, an Entrepreneur may post requests for assistance on a voluntary basis detailing the type of help needed.
(ii) Entrepreneurs shall be under no obligation to provide any User who assists with a Project as a volunteer with any form of payment or Reward.
(d)"Crowd Knowledge"
(i) An Entrepreneur may add Crowd Knowledge features to any Project which they control. A Crowd Knowledge feature may consist of a poll, voting mechanism or other device by which Users may provide feedback relating to the Project.
(ii) Any feedback received using a Crowd Knowledge feature will be for the Entrepreneur's information only and shall not compel the Entrepreneur to take or not take any action.
(e)"Work Areas"
(i) Any Project may feature a Work Area. This is an area on HF where Users may post content and discuss the Project. The Entrepreneur who owns the Project may specify if the associated Work Area is open to all Users or limited to Investors.
(ii) Entrepreneurs with control over any Work Area agree to use the Work Area in accordance with these Terms of Use and to use all means at their disposal to ensure that any Users (including Investors) with access to Work Areas under their control also comply with the Terms of Use.
(iii) In order to achieve this, Entrepreneurs will have editorial control over any User Data (please see Term 6 below for more on this) posted by other Users in a Work Area associated with one of their Projects.
(iv) If we deem that an Entrepreneur is not exercising sufficient editorial control over User Data posted in a Work Area to ensure it complies with these Terms of Use, we may:
(A) if the Work Area is not an Investor Area: change the settings of that Work Area so that it may only be used by the Entrepreneur running that Project; or
(B) if the Work Area is an Investor Area, change the settings of that Work Area so that only the Entrepreneur running that Project may post User Data on it.
(v) If we become aware that any User is posting User Data on a Work Area in breach of these Terms of Use, we reserve the right to remove that User's access to any or all features of any Work Area without notice. However in the case of Investor Areas, we will not remove a User's ability to vote on Milestones.
4. INVESTORS AND ENTREPRENEURS
4.1 If you are an Investor:
(a) You agree to provide your payment information at the time you pledge money to a Project.
(b) We and PayPal, our payment services provider, may authorise or reserve a charge on your payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
(c) You agree to have sufficient funds or credit available at the Project Deadline to ensure that any pledge you make will be collectible.
(d) If a Reward requires you to supply further information (such as a postal address or T-shirt size) by requesting the Reward you agree that the Entrepreneur may contact you to ask for this information. You agree that if you decline to supply this information, the Entrepreneur may refuse (or be unable to) supply the Reward.
(e) Any estimated delivery date listed on a Reward is not a promise by the Entrepreneur to deliver the Reward by that date. It is an estimate of when the Entrepreneur hopes to deliver by.
4.2 If you are an Entrepreneur:
(a) You agree to make a good faith attempt to deliver each Reward by its estimated delivery date.
(b) We will provide you with the User ID and pledge amount of each Investor who supports your Project. If the Project's Fundraising Goal has been reached or exceeded by the Project Deadline (or in any event in the case of a Keep It All Project), we will also give you each Investor's name and email address.
(c) For some rewards, you may need further information from Investors, such as a mailing address or t-shirt size. If this is the case, you may only request this information after the Fundraising Goal has been reached or exceeded..
(d) You agree to provide Investors with the Rewards for which they qualify in any Project which is successful. If you cannot provide any Reward, you agree to refund the relevant Investor the value of their pledge.
(e) You may cancel or refund an Investor's pledge at any time and for any reason, and if you do so, you are not required to fulfil the Reward.
(f) You should not take any action in reliance on having the money pledged until you have the ability to withdraw and spend the money.
(g) Because of occasional failures of payments from Investors, we cannot guarantee the full receipt of the amount pledged minus fees.
(h) We use PayPal to process payments. Both we and PayPal may remove our fees before transmitting proceeds of a Project. Fees may vary depending on region and other factors.
(i) We reserve the right to cancel a pledge at any time and for any reason.
(j) We reserve the right to reject, cancel, interrupt, remove, or suspend a Project at any time and for any reason.
5. RULES AND CONDUCT
5.1 HF is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.
5.2 You agree not to use HF for any purpose that is prohibited by the Terms of Use or law. You can only use HF for commercial purposes in the way described in these Terms of Use.
5.3 You also agree not to use HF in a way that will slow down the operation of the website disproportionately, send spam or unsolicited "junk" email to any users of HF or anyone else, or override the usual functioning of HF.
5.4 You agree not to hack, decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of HF. You also agree not to modify or create derivative works of any part of HF.
5.5 If you are not sure whether something you plan to do will conflict with the above or any other terms, please ask us here.
5.6 You are responsible for all actions taken by your Account in connection with HF. You must not take any action that:
(a) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
(b) you know is false, misleading, or inaccurate;
(c) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, offensive, profane, or an invasion of someone else's privacy;
(d) constitutes unsolicited or unauthorised advertising or promotional material or any junk mail, spam, or chain letters;
(e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to our or anyone else's systems, data, passwords, or other information of any third party; or
(f) impersonates any person or entity, including any of our employees or representatives.
5.7 You shall not use as a user name or Project name any name or term that
is the name of another person, with the intent to impersonate that person;
is a trademark or other protected word, unless you have permission from the owner; or
is offensive, vulgar, or obscene.
6 WHO OWNS WHAT, AND WHO IS RESPONSIBLE FOR WHAT
6.1 User Data:
(a) Each User is responsible for the data they submit for display on HF (we will refer to this as "User Data"). The limitations in term 7 ("WHAT WE ARE NOT RESPONSIBLE FOR") apply.
(b) If you submit User Data for display on HF you are responsible for ensuring that it is accurate, complete and up to date and for updating it where necessary.
(c) If you submit User Data for display on HF you are responsible for ensuring that no User Data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
(d) You shall retain ownership of all copyright in User Data you submit to HF. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such User Data in any manner.
(e) You grant to each User a non-exclusive licence to access User Data you submit to HF, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Data solely for personal, non-commercial use.
(f) You confirm that you have taken all reasonable precautions to ensure that any User Data you upload or otherwise submit to HF is free from viruses and anything else which may have a contaminating or destructive effect on any part of HF or any other technology.
(g) We reserve the right to remove offending User Data placed on HF that we consider to constitute a misuse of HF or which is otherwise harmful to other users of HF.
6.2 Other Data:
User Data, including the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs either to us or the providers of such information.
7. WHAT WE ARE NOT RESPONSIBLE FOR
7.1 We will try to ensure that data on HF is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However we do not monitor, verify or endorse any User Data posted on HF and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we make no comment as to the accuracy of any information contained on HF, do not guarantee that HF will be fault free and do not accept liability for any errors or omissions.
7.2 Please remember that HF is only a portal for Projects and all dealings are solely between Users. As such, we are not liable for any damages or loss you may incur by running Projects or pledging money on HF, insofar as we can legally disclaim such liability.
7.3 The information provided by us on HF is not in any way an invitation or recommendation to pledge money or otherwise contribute to any Project. You may wish to seek appropriate independent advice if you wish to do so.
7.4 We are under no obligation to become involved in disputes between any Users, or between Users and any third party. We do not oversee the performance or punctuality of Projects.
7.5 Pledges made by Investors are collected by PayPal (www.paypal.com). We are not responsible for the performance of PayPal.
7.6 We do not give any warranty that HF is free from viruses or anything else which may have a harmful effect on any technology.
7.7 We assume no responsibility for the contents of any other websites to which HF has links.
8. DATA PROTECTION
8.1 We are committed to protecting your privacy. Please see our Privacy Policy for full details, including information about our use of cookies.
9. TERMINATION
9.1 If you breach these Terms of Use we will usually prefer to contact you to try to resolve things. However, we reserve the right to terminate your access to HF and/or the services within it. We will usually give you notice of this and reasons, but may terminate your access immediately and without reasons at our discretion.
9.2 All disclaimers and exclusions in these Terms of Use shall survive termination of the agreement between us for any reason.
10. GENERAL
10.1 If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.
10.2 We reserve the right to change, modify, substitute or remove any information on HF from time to time. If we modify these Terms of Use we will publish the modified Terms of Use on HF. Any modifications shall take effect a reasonable period after posting on HF.
10.3 We will endeavour to allow uninterrupted access to HF, but your access to HF may be suspended, restricted or terminated if necessary, for example for the maintenance of HF.
11. GOVERNING LAW
11.1 These Terms of Use shall be governed by and construed in accordance with English law. You agree that any disputes shall be subject to the exclusive jurisdiction of the English courts. You, and we, agree to submit to this jurisdiction
