1. Introduction

www.iPledg.com is a website operated by Diverse Concepts International Pty Ltd t/a iPledg International  (“we or “us”). We are registered in Australia under company number (ACN) 098 431 460 and have our registered office at 17 Driver Court, Mermaid Waters, QLD 4218 Australia. iPledg is a crowdfunding platform that allows individuals, groups and organisations (“Project Creators”) to list projects and raise funds from other iPledg users (“Project Supporters”). iPledg acts as a passive conduit between Users of the Site and is not responsible for the content of a Project as posted by a Project Creator. If a Project Creator or a Project Supporter is an individual, he must be an adult in the country of his residence and permitted by law to enter into this Agreement. In this Agreement “User” means any person who accesses the Site either directly, or indirectly through another website. In this Agreement where the context permits a reference to “you” is a reference to a User, Project Creator and Project Supporter and includes anyone acting on their behalf or with their express or implied authority.

2. Agreement

By our permitting you to use this website www.iPledg.com (the “Site”) you acknowledge and agree, subject to clause 3, you have read and understood this Agreement and agree to be bound by the terms and conditions of this Agreement each time you use the Site.

3. Variation of Agreement

We may vary this Agreement at any time by posting a variation on the Site. The variation will apply only to projects posted after the variation is posted.

4. iPledg’s Intellectual Property Rights

We have copyright in this Agreement including each variation and the content on the Site other than the content of a Project posted on the site and any advertisement by a third party posted on the Site. The User gives iPledg permission to use, without limitation, any media (pictures and video) from their project on other social media platforms including (but not limited to) Facebook, Twitter, You Tube, Google +, Pinterest and Instagram.

5. Project Creator’s Intellectual Property Rights

Most intellectual efforts result in the creation of intellectual assets, some of which may be intellectual property (“IP”) such as copyright for artistic or literary works and patents for inventions. Some IP requires registration in order to exclude others from exploiting the IP. In many cases, applications for registration must be filed before use or publication of the IP. We therefore recommend that you contact an appropriate professional if you are concerned about unauthorised use of your IP as a result of you using the Site.

6. Project Creator

A Project Creator warrants in favour of a Project Supporter and us:
(a) the Project Creator’s name that he posts on the Site in connection with a Project is his full and correct legal name;
(b) the email address posted by the Project Creator is the email address most frequently used by him and will be maintained by him until the completion of the Project;
(c) all information he/she posts on the Site about himself/herself and the Project is true and correct and not misleading or deceptive in any way;
(d) all further information he provides to any user or us about himself/herself or his/her Project will be true and correct and not misleading or deceptive in any way;
(e) he/she is the sole creator of the Project or authorised by the other creators of the Project to post the Project on the site;
(f) there is no legal restriction upon the publication of the content of the Project on the Site;
(g) the Project has been planned to completion;
(h) he/she is the legal and beneficial owner of any property included in or that may be included in the Project;
(i) the funds raised will be used to complete the Project;
(j) with the funds received, after allowance for taxation thereon, he/she will have sufficient funds to complete the Project;
(k) he/she will complete the Project within a reasonable time after receiving the funds raised.

The Project Creator has satisfied himself/herself that the posting of his Project on the Site complies with all applicable laws. The Project Creator acknowledges that funds raised by using the Site may be subject to taxation as income and may be subject to goods and services tax (GST).

7. Project

The Project Creator is solely responsible for the content of the Project. The content must not:-
(a) infringe any intellectual property right, confidence or privacy of any third party;
(b) breach any applicable law;
(c) be defamatory of or likely to offend any person;
(d) be obscene or likely to offend any person;
(e) contain any material that could or is likely to cause damage to, modification of, deletion from or in any other way detrimentally interfere with the Site (including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or any other computer programming routines);
(f) contain any link to any other website which contains information that would if included in this Agreement be in breach of any of subclauses (a) to (d) herein.

The Project Creator must include the fundraising target (“Funding Target”) when posting his/her Project on the Site. The Project Creator may not alter the Funding Target after the project is submitted for approval. The Project Creator must include the expiry date of the Funding Campaign (“Funding Deadline”) when posting his Project on the Site. The Project Creator may not alter the Funding Deadline after the project is submitted for approval. We do not accept any responsibility for the Project not reaching its Funding Target by the expiry of the Funding Deadline. After posting the Project the Project Creator may edit the project to clarify its content provided the editing does not alter the substance of the Project.

8. Project Supporters and Pledges

Each Project Supporter acknowledges and agrees with us that:
(a) we have not satisfied ourselves as to the identity or bona fides of the Project Creator, the Project’s feasibility, the Project Creator’s capacity to carry out the Project or provide any reward offered;
(b) we have not satisfied ourselves as to the validity/legality of the email address posted by the Project Creator on the Site;
(c) it is the responsibility of the Project Supporter to satisfy himself/herself as to the taxation consequences, if any, of making a pledge;
(d) it is the sole responsibility of the Project Supporter to satisfy himself/herself as to the matters stated in subclauses (a), (b) and (c);
(e) the Project Supporter has made enquiries and investigations of the matters stated in subclauses (a), (b) and (c);
(f) the enquiries and investigations have been made by means, in addition to by using the Site;
(g) the Project Supporter has so satisfied himself/herself before making a pledge for the Project;
(h) the Project Supporter has satisfied himself/herself it is not illegal for him/her to enter into the Agreement or make a pledge using the Site;
(i) the Project Supporter acknowledges any transaction conducted online over the internet involves risks and has satisfied himself/herself as to the risks involved in the use of the Site in making a pledge;
(j) a pledge must be for a minimum of $AUD2.00 and for a maximum of $AUD2,500.00;
(k) the pledge will only be accepted by credit card or PayPal;
(l) the Project Supporter must not dishonour any pledge made for a project for which the funding target is reached or exceeded by the expiry of the Funding Deadline;
(m) the Project Supporter does not receive any interest in the Project or benefit from the Project and his only entitlement is the provision of any reward offered by the Project Creator.

A Project Supporter may only make a pledge for a project by using the process detailed under the “iPledg School”. A Project Supporter warrants in favour of the Project Creator and us to ensure his credit card provided either directly or via PayPal in respect of his pledge will contain sufficient credit to enable the pledge to be honoured.

Each Project Supporter acknowledges:
(1) the Project Creator is solely responsible for carrying out the project;
(2) the Project Creator has the sole responsibility for carrying out the Project;
(3) the Project Creator is solely responsible for the delivery of any reward.

We agree with each Project Supporter:
(i) we will not permit the Project Creator to change the Project’s Funding Target or Funding Deadline; (ii) we will not post a Project Supporter’s name on the Site (unless the Project Supporter does so) and will only post on the Site his/her username and the amount pledged and any other information that the Project Supporters wishes to be published;
(iii) we will post on the Site the amount of each pledge;
(iv) we will only process the pledge if the Funding Target of the Project is reached or exceeded;
(v) if the Funding Target for the Project is not reached, the pledge will not be processed and no charge or fee will be payable by the Project Supporter;
(vi) we will advise the Project Supporter when the funding campaign reaches 100% of the Funding Target;
(vii) we will only process a pledge after the expiry of the Funding Deadline and only if the Funding Target is reached or exceeded;
(viii) we will provide the Project Creator with the Project Supporter’s user name, email address and delivery address so that delivery of any reward can be arranged;

9. Rewards

A Project Supporter acknowledges a reward is not intended to have a monetary value equal to the amount of the pledge but rather is a recognition of support for the project. In exchange for supporting a project, Project Supporters may be offered rewards, e.g. copies of work produced, limited editions and fun or creative experiences. Offering financial rewards or incentives, such as ownership, financial returns (e.g. profit share), cash and cash equivalents or pledge repayment (e.g. loans) is prohibited. It is also prohibited to offer coupons, discounts, and gift certificates as rewards. The rewards link sets out the rewards on offer from time to time for each pledge amount. A Project Creator may change the number of rewards (for which a pledge has not been received) at any time before the expiry of the Funding Deadline. A Project Creator warrants in favour of a Project Supporter and us:
(a) at the time of posting the project on the Site and until each reward is purchased by him, the Project Creator has and will have sufficient funds on hand to provide any reward offered;
(b) payment for the purchase and delivery of each reward shall not be made out of the monies raised by the funding campaign;
(c) he/she must not provide to the Project Supporter, us or any other person any benefit in respect of the fund raising other than the provision of the reward to the Project Supporter;
(d) he/she is aware a breach of this warranty is a contravention of the fundraising laws of Australia contained in the Corporations Act 2001 (Cth).

10. Successful Fundraising

If the Funding Target is reached or exceeded by the expiry of the Funding Deadline, all pledges for a Project will be collected from the Project Supporters and those amounts transferred directly to the Project Creator (less fees and chargebacks). The collection process, undertaken by PayPal and/or our credit card payment gateway provider will commence immediately after the expiry of the Project’s Funding Deadline. The process can ordinarily take up to 7 days to complete. Supporting a successful Project does not in any way entitle the Project Supporter to a reward other than as published on the Site, nor any direct or indirect investment or interest in the Project, nor any other gain or benefit. These funds are transferred to the Project Creator only if the Project reaches its Funding Target before the expiry of the Funding Deadline. We are entitled to 5.5% of the funds collected via PayPal and/or credit card. PayPal and our credit card payment gateway provider are entitled to their usual fees for the collection of the pledges and distribution of the funds collected (2.4% + 30 cents per pledge in the case of PayPal, and 3.5% in the case of our credit card payment gateway provider). We do not guarantee the full receipt of all pledges. A pledge may not be honoured. A Project shall be deemed to be successful if a dishonoured pledge/s reduces the amount collected below the Funding Target. Any charge backs resulting from the unsuccessful processing (for whatever reason) of a credit card transaction by PayPal and/or our credit card payment gateway provider are for the account of the Project Creator.

11. Delivery of Rewards and Refunds

The Project Creator is wholly responsible for the timely delivery of the rewards stated in their Project. We take no responsibility for delivery of rewards. Funds collected for Projects which reach or exceed their Funding Target by the expiry of their Funding Deadline are non-refundable and we are not responsible for issuing refunds to Project Supporters. Project Creators may initiate refunds at their own discretion. If, for any reason we are required to refund monies to a Project Supporter, the Project Creator will fully compensate us for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs.

12. Unsuccessful fundraising

Where a Project is unsuccessful in meeting its Funding Target by the expiry of the Funding Deadline, then amounts pledged by the Project Supporters will be cancelled and no fees or charges will apply.

13. Electronic Communications

The communications between you and us generally involve electronic methods or media. For contractual purposes, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if such were made in writing.

14. Viruses, Hacking & Other Offences

A User of this Site must not knowingly introducing viruses, trojans, logic bombs, worms, or other material, which is either malicious or technologically harmful (together “Viruses”). A User must not attempt to gain unauthorised access to the Site, the server on which our site is stored or any server, computer or database connected to the Site. A User must not attack this Site via a denial of service attack. We will not be liable for any loss or damage caused by a Virus or denial of service attack that may infect a User’s computer equipment, computer programs, data or other proprietary material due to your use of this Site or to downloading of any material posted on it, or on any website linked to it.

15. Links From The Site

Where this Site links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those third party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. General Terms

Should any part of this Agreement be held invalid or unenforceable, the remaining parts will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

17. Applicable Law & Jurisdiction

This Agreement is governed by the laws of Australia and any action against us may be brought only in a court in Australia. Subject to the foregoing, the Australian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. We retain the right to bring proceedings against you for breach of the Agreement in your country of residence or in any other relevant country.

18. Further Information

Complaints or suggestions about the Site or the Agreement should be provided to us by via email. If you have any concerns about the content or material which appears on the Site, please contact us by email.

19. No Responsibility Assumed

We make no representation or warranty to a User in relation to the Site, its content and the content of any links accessed through the Site.

20. Security of On-line Services

There are some inherent risks associated with the transmission of information via the Internet, and with using encryption technologies. We take security seriously and we will endeavour to keep our site as secure as reasonably possible but we take no responsibility for any breaches of that security and any direct or indirect impact to a User.

21. Professional Advice Recommended

We do not purport to provide legal or other advice in relation to intellectual property or any other matters. We strongly recommend that such advice be independently obtained from an appropriate professional advisor before a User lists a Project as a Project Creator or before a User makes a pledge as a Project Supporter.

22. No Endorsement of Other Organisations’ Web Site Contents

Incorporated into this web site are links to the web sites of other organisations and businesses. The links we have incorporated do not and should not be taken as implying an endorsement or approval of the specific content of those web sites.

23. Limitations of liability

So far as permitted by law we will not be liable to any User in relation to any claim in respect of the use of the Site or the content of any Project. Each User including each Project Creator and Project Supporter does hereby release and discharge us from any claim for any loss incurred in respect of the use of the Site or the content including the content of any Project. “Claim” includes a claim howsoever arising and a claim for consequential loss or loss of profits. We are under no obligation to become involved in disputes between a Project Supporter and a Project Creator, or between Users or between Users and any third party. Some of the content contained on this Site is provided to us by third parties. It is not possible for us to check the accuracy of the information provided by third parties. Inaccuracies may arise in that information and us will not be responsible for any inaccuracies or omissions in such information.

24. Privacy policy

Your privacy is very important to us. We are committed to protecting and respecting such in every way we, reasonably, can. By entering into this Agreement, you expressly consent to our use and disclosure of your personal information in the manner described in this Agreement. Payment Information is transmitted securely using Secure Sockets Layer (SSL) encryption technology and processed through a secure third party payment gateway (PCI DSS Compliant). We do not store your payment information (such as credit card or debit card information) on our servers or databases. We use personal information about you to create an audit trail for the purpose of resolving disputes, troubleshooting problems, and helping to ensure safe activity on our Site, and for purposes of enforcing this Agreement. You agree that we may use your information to contact you. We use industry standard practices to protect your personal information. Due to technical limitations, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Agreement. As a matter of policy, we do not sell or rent any personal information about you to any third party. We may lawfully disclose your personal information for law enforcement or regulatory purposes. We cooperate with law enforcement agencies to enforce laws about intellectual property and other matters. We can (and you authorise us to) disclose any information about you to law enforcement agencies or other government officials as requested by them. Upon your request and subject to finalisation of the outcome/payment of any pledge made, we will deactivate your user name and contact information from our active databases. To make this request please contact us via email. Such information will be deactivated as soon as reasonably possible. The data that we collect from you may be stored at a destination inside or outside Australia. It may also be processed by staff members operating either inside or outside Australia who work for us, PayPal or Camtech. Such staff may be engaged in, among other things, the processing of your payment details. By submitting your personal data, you agree to this storing and/or processing. We will take such steps as we consider reasonably necessary to ensure that your data is treated securely. Your information is stored on our servers which are currently located in the United States. We use industry standard efforts to safeguard the confidentiality of your information, such as firewalls and Secure Socket Layers. However, “perfect security” does not exist on the Internet. You have the right to ask us not to process your personal data for our own marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes, or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us via email. The Act gives you the right to access certain information held by us about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $50 to meet our costs in providing you with details of the information we hold about you.

25. The Site

We reserve the right to withdraw or amend the content on this Site without notice. We will not be liable if for any reason the Site is unavailable at any time. We reserve the right to restrict your access to some or all of the content on this Site. Any of the content on this Site may be out of date at any given time, and we are under no obligation to update such material.

26. Improper Use of The Site

You agree not to misuse the Site or its content or to use the Site or its content for any fraudulent or illegal activity. We reserve the right to deactivate your right to use the Site if we suspect, after investigation, that you have misused the Site or its content, breached the terms of this Agreement, or have used the Site or its content to conduct any fraudulent or illegal activity.

Posted on March 4, 2015 By admin

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