University of Southampton
Crowd-funding Terms and Conditions
These terms and conditions (“Terms and Conditions”) govern the Use of the Site by Users. Pledges are made subject to these Terms and Conditions. Users should read these terms and conditions carefully. By using the Site, Users are indicating their acceptance of these Terms and Conditions without qualification, as may be amended by the University from time to time. If Users do not wish to be bound by these Terms and Conditions, they should not continue to use or access the Site.
These Terms and Conditions operate only between Users and the University. The Site is provided by the University’s third party service provider, Sponsorcraft. Sponsorcraft has no contractual relationship with Users, except in relation to any third party rights which Sponsorcraft may enforce under these Terms and Conditions.
In these Terms and Conditions, the following terms shall have the meaning given in this clause.
- “Content” means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which the University has made available on the Site.
- “Creator” means any authorised member of the University who has created a fundraising page for a particular Project.
- Minimum Needed means the specified minimum financial target in respect of each Project which must be reached in order for Pledges to be transferred to the University.
- “Personal Data” shall have the meaning set out in the Data Protection Act 1998.
- “Site”, means the University of Southampton’s crowd-funding site which incorporates all Projects
- “Pledger” means any User pledging funds in respect of a Project, and “Pledge” shall be construed according as the placing of such funds.
- “Project” means a campaign for funding a particular cause, activity or event set up by a Creator on the Site (which includes a specific fundraising page with text and images based upon a standard Site template) which invites potential Pledgers to donate money in support of that cause, activity or event.
- “Pledger” means any User pledging funds in respect of a Project, and “Pledge” shall be construed according as the placing of such funds.
- “Sponsorcraft” means Sponsorcraft Ltd (company number: 07699834), whose registered office is at 9 Eaton Crescent, Clifton, Bristol, BS82EJ
- “University” means the University of Southampton (established by Royal Charter RC000668) whose registered office is at Highfield, Southampton SO17 1BJ
- “Use” means use of the Site and includes but is not limited to accessing, browsing, or registering to use the Site, uploading content or creating links to the Site, and making Pledges in respect of Projects, and “Users” shall be construed accordingly as those individuals and companies using the Site.
2. Pledges, project completion and refunds
- The University, through the Site provided by Sponsorcraft, advertises and facilitates the collection of funds for Projects associated with or affiliated to the University, its staff, students and wider community.
- Users may make Pledges in respect of a Project. Once a Pledge has been made, it constitutes a mandate for the University (or a third party authorised by the University, i.e. PayPal) to deduct the pledged funds from the User’s nominated account in the event that the Project meets its Minimum Needed target.
- Pledges are revocable by the User up until the point where the Project reaches its funding target.
- Once the Minimum Needed for a Project has been reached, Pledges in respect of that Project become irrevocable. Funds will be transferred from the Pledger’s nominated account once the timescale for the Project is completed if the Minimum Needed has been reached.
- All funds are collected from Pledgers via PayPal. Neither the University nor Sponsorcraft Ltd is responsible for the actions of PayPal. The University will bear PayPal fees.
- The University will transfer to Creators all sponsorship monies pledged and paid by Pledgers within 7 working days of receiving those monies into the University’s PayPal account.
- While the University will undertake reasonable due diligence to establish the credibility, accuracy and feasibility of Projects, the University is not responsible for the completion of Projects and accepts no duty of care in this regard.
- The University offers no guarantee of successful Project completion, and will accept no liability for any failure of a Project to be completed or be undertaken to the Pledger’s satisfaction.
- The University may at its sole discretion audit, review, expedite, or assist Creators with their Projects but has no obligation in this regard.
- Pledgers should be aware that crowd-funding is a type of funding which by its nature entails a risk that the Project is unsuccessful, does not fulfil its STATED objectives, DOES NOT FULFIL THE EXPECTATIONS OF THE PLEDGER or is not completed, and that there may be unforeseen practical, financial, logistical, administrative, legal or personal problems which hinder or prevent the successful completion of a Project.
- FUNDS ARE TRANSFERRED AT THE RISK OF THE PLEDGER, AND ARE NOT REFUNDABLE, SAVE AS PROVIDED UNDER CLAUSE 2.8.
- In the event that a Pledger suspects an unlawful misuse of funds, or fraudulent conduct, the Pledger should contact the University immediately with details of such allegations, and the University will use its reasonable endeavours to investigate any credible allegations. In the event that an unlawful use of funds is demonstrated to the reasonable satisfaction of the University, the University will refund pledges submitted in respect of the Project in question.
- In order to use parts of the Site, such as the placing of Pledges, Users may be required to register an account with the University and select a password and user name. Alternatively, Users may register via their Facebook or Twitter accounts.
Users shall not:
- create or use as a user name the name of another person with the intention of impersonating that person;
- use as a user name a name which is subject to any rights of a person other than themselves without appropriate authorisation; or
- use as a user name a name which is offensive or inflammatory
- If Users become aware of any unauthorized use of their password or of their account, they must notify the University immediately by email to email@example.com
4. Age restrictions
Use of the Site is only available to individuals who are at least 18 years old. Users represent and warrant that they are of legal age to form a binding contract.
5. User responsibilities
In Using the Site, Users agree and understand that they:
- are responsible for configuring their information technology, computer programs and Site in order to access the Site
- are responsible for maintaining the confidentiality of passwords associated with any account they create on the Site
- should use their own virus protection and computer security software;
- must not disclose password or user information to any third party.
- will ensure that all registration and payment information submitted is honest and accurate
- are solely responsible for all activities that occur under their account
- shall not access another User’s account without such other User’s express permission.
6. Third party websites
The Site may contain links to other websites or resources on the Internet. Users acknowledge that the University is not responsible or liable for the content or any aspect of such third party websites and Users use them at their own risk. The fact that the University provides links to certain third party websites does not in any way constitute an endorsement of, or association with, such websites by the University.
7. Linking to the Site
Users may link to any page of the Site and publicise a Project, provided they do so in a way that is fair and legal and does not damage the University’s reputation or take advantage of it. Users must not establish a link in such a way as to suggest any form of association with, approval or endorsement of the User by the University. The University reserves the right to withdraw linking permission without notice.
- By using the Site, Users may be exposed to Content that they find offensive, indecent or objectionable and in this respect, Users use the Site at their discretion and at their own risk.
- The University reserves the right to remove, edit or modify any Content in its sole discretion from the Site at any time, without notice to Users and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content).
9. Take-Down Requests
- If a User is of the opinion that Content is an infringement of Intellectual Property Rights or is offensive or unacceptable, they should immediately contact the University at firstname.lastname@example.org ith the following information:-
- Identification of the item by title, description and its URL;
- The nature of the complaint; and
- Any supporting or substantiating evidence they have.
- Details of any take down requests will be retained by the University.
10. Creator Expectations
Prior to creating a Project page or posting any Content, Creators will be required to read and agree to the University’s Crowdfunding Guidelines. Projects will be moderated by the University and may not be accepted for publication on the Site.
Pledgers agree and understand that they may, at their option, have their pledge remain anonymous, or allow details of their pledge, including their user name and a link to their profile, and the amount of the pledge, to appear alongside the Project.
12. Intellectual property rights
- The University retains all Intellectual Property Rights in intellectual property created by the University, whether pre-existing or arising or being generated by the University in the course of the development, creation, adaptation, marketing or performance of the Projects and the Content.
- Creators retain all Intellectual Property Rights in intellectual property created by the Creators, whether pre-existing or arising or being generated in the course of the development, creation, adaptation, marketing or performance of the Projects and the Content.
- Pledgers do not, by virtue of any pledge, reward, or transfer of monies, obtain any rights of authorship, ownership, moral rights, or any Intellectual Property Rights in the Content or the Projects.
- Pledgers expressly waive their rights in, and agree not to make any claim, assertion, application or attempt to secure or register, any Intellectual Property Rights in the Content or the Projects at any time, notwithstanding the termination of any User account or the completion or non-completion of a Project.
- The downloading and printing of limited extracts of Content is not permitted without the express consent of the University. No part of the Content may be reproduced or transmitted in any form or by any means, (electronic, mechanical, photocopying, recording or otherwise) without the prior written consent of the University. Users may not modify, rent, lease, loan, sell, distribute or create derivative works based on any part of the Content.
13. Termination of User accounts
- The University reserves the right to terminate User accounts or restrict access to all or any part of the Site at any time without notice or cause and such termination and/or restriction will be effective immediately. If Users wish to terminate their account at any time, they must contact the University by email at email@example.com. The University will terminate the User account as soon as reasonably possible.
- When a User account is terminated, for whatever reason, certain legal rights, obligations and liabilities that Users and the University have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) User obligations in relation to conduct, Content, Intellectual Property Rights, and payment, and the University’s rights in relation to payment, content, Intellectual Property Rights, warranty disclaimer, and limitation of liability.
14. Freedom of Information Act 2000
Information held by the University is subject to the provisions of the Freedom of Information Act 2000 and subordinate legislation. This Act provides a general right of access, subject to certain exemptions, to recorded information held by public authorities, and the University reserves the right to make such disclosures of information (including personal data) required under the Freedom of Information Act 2000.
By using the Site, Users consent to receiving from the University and Sponsorcraft communications including notices, agreements, legally required disclosures or other information in connection with the Projects, the Site, or these Terms and Conditions (collectively, "Contract Notices") electronically. The University may provide such electronic Contract Notices by posting them on the Site. If Users withdraw their consent to receiving Contract Notices they must discontinue their use of the Site. Where Users have indicated their consent, the University of Southampton may contact Users regarding future Projects and opportunities connected with the University.
16. Customer service
If Users wish to make an inquiry or complaint regarding the Site, they may do so by contacting the University by email at firstname.lastname@example.org
17. Limitation of Liability
- The Site is not hosted by the University, and the University is not responsible for ensuring the security, performance of the Site, or the absence of errors, viruses, malware, trojans or other malicious software in the Site.
- The University does not guarantee continuous, uninterrupted or secure access to the Site or the successful processing of payments. To the extent permissible by law, the University hereby excludes all warranties, conditions or other terms, whether implied by statute or otherwise as to the security, function, completeness, or performance of the Site.
The University shall not be liable to Users for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
- the use of or reliance upon any Content displayed on the Site;
- the use of, or inability to use, the Site; or
- any virus, distributed denial-of-service attack, or other technologically harmful material that may infect Users’ computer equipment, computer programs, data or other proprietary material due to Users’ use of the Site, or downloading of any content on the Site, or on any website linked to the Site.
- To the fullest extent allowed by applicable law, the University will not be liable to any User for any consequential or indirect damages, or any loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data, or any special or punitive damages whatsoever that arise out of or are related to use of the Site or the Content.
18. Governing Law
These Terms and Conditions are governed by English law. Users and the University agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any dispute arising from these Terms and Conditions.