General Conditions of usage and hiring
The present General Conditions control the user's usage, access and utilisation of the website www.kifund.com (from now on Kifund or Website), and everything related to the hiring of services and products offered on it.
Through the acceptance of the present General Conditions of Usage and Hiring, the user declares:
Using Kifund gives anyone the condition of User and entail the acceptance of all the terms included in the present General Conditions of Usage and Hiring. If you do not agree with these terms of usage, please do not use this Website.
The Website holder reserves the authority to make any change or update in its contents and services, whenever and with no need of previous notice. Please check these terms periodically for possible changes.
General information
This Kifund Website belongs to Nettowak Media SL (from now on The Company), a Spanish limited company with principal office at 12, Plaça Esbert, 4-3, Sant Fost de Campsentelles, Barcelona, Spain and VAT Number B-65.605.222.
If you wish to contact us, you can use the electronic mail hola@kifund.com or the phone number +34 620 63 79 72.
Acces to the Website
The access to Kifund and its usage is free, with the exception of the uses for users exposing some project of theirs on the Online Platform. These users are linked to the hiring of the service and to the special features explained on the corresponding section.
In the eyes of the present General Conditions, a "Creator User" will be the person who registers a project trough the Website; a "Kifunder User" will be anyone interested in making contributions to the projects published on the Website by Creator Users.
In the eyes of the present General Conditions, all the Creator Users and the Kifunder Users will be treated as "Users" in all the common applicable aspects.
Registration
The User can visit Kifund and see its contents without registering, but it is a condition to use some aspects of the service that the User is registered and selects a password and an ID.
The User must give the company true, updated and complete register information. The User must not select nor use somebody else's user name intending to stand in for them. Other people's user names or passwords cannot be used without their authorisation. It is not allowed to use user names that can be offensive.
The registered User will be at any time responsible for the custody of their password, consequently assuming any damage or harm that could be cause by a wrongful use, and any transfer, revelation or loss of them. For these purposes, the access to restricted areas and/or the use of the services and contents made under the password of a registered user will be reputed to this particular registered user, who will have to vouch for this access and usage.
The Company reserves the right to cancel the registration of any user whenever the present terms of usage are not respected or the Website is given a wrongful usage. The User must inform the Company about any irregular or not authorised behaviour in their account.
Rules of usage of the Website
The services offered on Kifund are exclusively addressed to adults capable of hiring. The User declares and guarantees they have the legal age to formalise a binding contract, and that all the register information presented is exact and true. The Kifund holder reserves the right to close the account of those users whose majority of age is doubtful.
The User assumes the responsibility for using the Website and all of its contents and services according to the established by law, moral, public order and the present General Conditions. This responsibility broadens to the necessary register to access particular services or contents.
The User is obliged to give true and licit information, and to not transfer, introduce, spread or offer to others any kind of material and information (data, contents, messages, drawings, sound or image files, pictures, software, etc.) contrary to the law, moral, public order and the present General Conditions.
By way of enunciation, and never limitation or exclusion, the User undertakes to:
The User is obliged to hold the Website holder harmless for any possible claim, fine, sentence or sanction that could be imposed as a consequence of the breach of usage terms advised before on the User part. In addition, the Website holder reserves the right to request the damages compensation.
The Website holder reserves the right to cancel the accounts of those users making an inappropriate usage of the website or do not respect the remarks and prohibitions foreseen on the present General Conditions.
Exclusion of responsabilities
Neither Kifund nor the Nettowak Media SL company assume any responsibility about the action of this Website to keep the information update; also they do not guarantee that the published information is precise or complete. Therefore, the User must confirm that the published information is precise and complete before making a decision about any service or content described on this Website.
The User access to the Website does not imply, for the Website holder, the obligation to control the absence of virus, warms or any other computer harmful element. In any case, it is the User's job to have the right tools for detection and disinfection of harmful computer programs.
The Website holder does not take the responsibility for the harms made to the software and hardware belonging to the Users or to others during the usage of the services provided by the Website.
The Website holder does not take the responsibility for the harms of any kind made to the User by fails or disconnections of the telecommunication webs that cause suspension, cancellation or interruption of the service from the Website during the service provision or before it.
Kifund is a mere intermediary between the users of this Website.
The Website holder does not take the responsibility for the accions of the Users loading their projects on the Website. The Creator Users of the projects are the only responsible for the accomplishment of the assumed compromises in their projects.
The Website holder reserves the right to cancel the projects promoted by Kifund without previous notice and for whatever reason.
Contents and services links to the Website
The Website holder does not know the contents and services of the Linked Sites and, therefore, he is not responsible for the harms caused by illicitness, quality, downgrade, unavailability, mistake or inutility of the contents and/or the services of the Linked Sites or any other harm not directly attributable to the Website holder.
Contents and Licence of the Website
The User accepts that the Service contains Contents made by the Company and that this Content has property rights.
Intellectual Property. Project creators.
Neither the Company nor the Website have any intellectual property right to the projects going to be financed by the platform www.kifund.com. The Company cannot commercialise or sell these projects or obtain part of the benefits the project can bring.
The Service offers the creators of the project the possibility of updating their own Contents on the Website. The Company does not have any property right to the content. It is given to the Company, worldwide but not exclusively, the right to:
1. Use, transfer, reproduce, codify, copy, show, distribute and exploit in other ways the Content, together with all the pieces of work associated to royalties or metadata, including, without limitation, pictures, graphics and descriptive text related to the Service.
2. Allow the other users to transfer, reproduce, download and display the works.
3. Allow others to use and publish the name, brands, images, personal and biographic material of the creator of the Project and of the members of the group, with regard to the provision of the Service.
Intellectual Property. Users
The Service can provide the users with the capacity of adding, creating, loading, sending, distributing or publishing Content. This Content can be in many forms: video, audio clips, written comments on the forum, data, texts, pictures, software, scripts, graphics, or other information on the Website. Admitting to:
Hiring conditions
www.kifund.com is a Site for collecting funds and trading. This is the reason why www.kifund.com allows its Users to publish their ideas or projects and get the resources to carry them out, thanks to the contributions from other participant Users.
Procedure for promoting the projects
To get the funding for a project through the Website, it will be necessary:
1. When registering, the Creator User of a project will give their real name and last name as well as valid electronic mail account throught which they will receive communications in a smooth way.
2. Starting a project is free, however, if the funds for the project get to the settled objectives (obtaining 100% or more of the finantial objective within 90 days or less), the Company will charge 5% of the total obtained by the Creator User as a commission. Comissions for corresponding payments processing will also be charged, throught Paypal or any other way of payment used.
Regarding the Kifunder User (micro-patron), if the funds for the project are not successful and do not get the objective of 100% settled by the Creator User, there will be no charge, because till the collecting time of the project is successfully ended the charges will not be effective.
Price and validity period of the offer
Anything to be charged by www.kifund.com will be made through the Paypal system.
Although having a Paypal account is not compulsory to pay or get paid, it is advisable, specially as a Creator User, to have one in order to speed up payments and reduce expenses.
Kifund has no authority in the commissions applied by Paypal to Users and the Company will not be responsible for the changes Paypal could make in their prices, their commissions system, or the amounts charged by Paypal to the Creator User to transfer the quantity gathered in their project.
Anyway, the prices applied will be expressed in the Euro (€) currency.
The User will be the only responsible for the payment of the rates and taxes derived from the use of the Website as well as of the corresponding commission percentages.
The charge imposed by the Website holder to the Creator User of a project will always entail the issue of an invoice addressed to the registered User. This invoice will be automatically sent tot the electronic mail account given by the User. The amount corresponding to the Company as commission (5% of the total gathered + VAT) will be deduced from the total amount to be given to the creator before the payment.
If you need any information about the service, you can contact the customer service telephone number from the Website holder: +34 620 63 79 72; or you can also use the electronic mail and write to: hola@kifund.com.
Rewards
When obtaining 100% or more of the financial target settled by the Creator User themselves, the Creator User of a project considered to be financed in Kifund contracts with the Kifunder User the obligation to reach the rewards detailed in their project, from the moment they pay the gathered amout in the Paypal account or their bank account. They have to fulfill the rewards under the same conditions explained in the "Rewards" section of their project's page, always adhering to the description given. The remittance period will have to rigorously adhere to the description of each project, never exceeding twelve months, unless it is explicitly and visibly specified in the description of the project.
Withdrawal right
The Creator User of a project who decides, for any reason, to abandon, will be able to cancel their funds gathering and so to leave the contract with www.kifund.com with no effect, without needing to justify their decision. In these cases, the Creator User will not be charged or paid any amount, and the Kifunder Users will not be charged either, all their authentications being automatically cancelled.
If the Creator User decides to interrupt the project once they have already received the gathered money, they are obliged to pay the whole of the amount back to their patrons (Kifunder Users). In this case, the Company will not give back the 5% charge as services commission; this amount has to be paid back by the Creator User themselves.
Taking part in projects
This is the procedure to take part financially in some of the published projects in www.kifund.com:
1. The User will select the project they wish to finance. Clicking on the "Suport" button, they will be able to select the amount they wish to give to the project depending on what they decide and the corresponding reward to be received in exchange.
2. The User will do the payment throught the Paypal system, which they can reach throught a link in the Website. That will enable them to do the online procedure.
3. The contribution will no be charged until the period settled by the Creator User of the project is over, that means 90 days as a maximum; this can only happen if the selected project reaches or exceeds 100% of the financial target previously settled.
4. If the project does not reach the financial target settled within the period established by the Creator User, there will not be any amount charged for the contributions by the Kifunder Users.
5. All the funds for the projects will be gathered throught Paypal and can be cancelled by the Kifunder User whenever they decide to do it and previously communicating it to hola@kifund.com. Only if it is done before the end of the gathering period, the fund will be automatically cancelled.
6. Kifund reserves the right to make special projects which do not need to be subject to the general rules of the website and its usual running, if necessary. For example: taking part in several festivals, competitions, and other activities that can be out of the 90 days established as the limited financing period, and out of the need to reach the 100% targeted to be given funds, if it is considered necessary for the running and objectives settled in the special announcement. Anyway, these projects will include an explanation of its special nature and the applicable rules in each case. These projects will be Kifund property, never Users', aiming to motivate and encourage creation and to offer prizes or other incentives.
Nullity and inefficiency of clauses
If any of the clauses included in the present General Conditions of Use and Hiring was to be declared totally or partially null or inefficient, its nullity or inefficiency will only affect this clause or the part of it declared null or inefficient; the present General Conditionts will remain, being the disposition totally or partially non included.
Applicable legislation and competent jurisdiction
The present General Conditions of Usage and Hiring will be governed or interpreted in accordance to the Spanish legislation for what is not specifically established. The Website holder and the User can take any controversy arose from the provision of products or services subject to the present General Conditions, to the local court in the Website holder address, unless it is legally established differently.
In the eyes of the Organic Law 15/1999, 13th December, about Personal Data Protection, by virtue of its 5th article, Website Users are informed that the data collected throught the forms available on the Website will be included in a data base of personal information, which ownership belongs to Nettowak Media SL, properly declared in front of the AEPD.
Nettowak Media SL, with principal office at 12, Plaça Esbert, 3-4, Sant Fost de Campsentelles, Barcelona, Spain, as responsible for the above mentioned data base, guarantees the course of the rights to access, correct, cancel or contradict the given data; and commit themselves to respect its confidentiality and to use the information only for purposes related to the running of the Website. To exercise their rights, the interested party will have to contact Nettowak Media SL, by ordinary mail, saying "Kifund Users Section", or through hola@kifund.com.
If one desires to cancel their membership of the Website, they will be able to do it automatically from their user profile also, using the button created for that: "I want to unsubscribe Kifund", which automates the user's cancelling process and carries it out automatically and immediately.
