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Terms & Conditions

 

Last updated on 1 February 2014

1. General
  1.1. These are the terms that govern your use of the Buzzbnk website (the “Site”) and your relationship with Buzzbnk (“we”, “us” or “our”). If you do not agree to these Terms of Use (“Terms”), please do not register for or use this Site.
  1.2. By agreeing to these Terms you appoint us as your agent to conclude a separate and direct agreement between you and each Venture you support, in the form set out in the Schedule.
  1.3. Our Privacy Policy also forms part of these Terms. By agreeing to these Terms you also agree to the way we use and protect your personal information.
  1.4. Your use of this site constitutes acceptance of these Terms, which take effect on the date of your first use of the Site.
  1.5. In these Terms the expression:
    1.5.1. “Backer” shall mean any person registered on this Site as a supporter of a Project.
    1.5.2. “Benefit” shall mean Cash and Non-cash Benefits collectively.
    1.5.3. “Buzzbnk” is the trading name of SellAVenture LLP, a limited liability partnership incorporated under the laws of England and Wales with registered number OC351199 and its registered office at 16 Lincoln's Inn Fields, London, WC2A 3ED.
    1.5.4. “Cash Benefit” shall mean any funds provided by a Venture in return for a Backer’s support for a Project, including any repayment of loan capital or interest.
    1.5.5. “Non-cash Benefit” shall mean any non-cash incentive (such as goods, services or events) offered by a Venture in return for a Backer’s support for a Project.
    1.5.6. “Project” shall mean any initiative listed on this Site for which a Venture wishes to gather Support.
    1.5.7. “Support” shall mean any funds or other support provided by you to a Venture, through this Site to support a Project including gifts or loans.
    1.5.8. “Venture” shall mean any organisation that gathers Support through this Site.
2. Modifications
  2.1. Buzzbnk reserves the right to change these Terms at any time. Your continued use of this Site after changes are posted online constitutes your acceptance of the Terms as modified.
3. Interruptions, errors and omissions
  3.1. Whilst all reasonable endeavours will be made to ensure the maintenance and availability of this Site, Buzzbnk does not accept liability arising from any errors, omissions, interruptions of service or delays that may occur in connection with this Site.
  3.2. There may be times when our online services are unavailable due to planned maintenance. We will try to inform you in advance of any such suspension through a general notice on this Site but this may not always be practicable.
  3.3. We may vary the specification of this Site from time to time without notice.
4. Eligibility
  4.1. There is no minimum age requirement for registering to use this Site, however you must be over eighteen (18) years of age to participate in any Project that offers Cash Benefits.
5. Registration
  5.1. Those who wish to register to use this Site will be required to create a username and password. This information is personal, not transferable and must not be shared with anyone. You acknowledge that you are responsible for all information and activity on this Site by anyone using your username and password.
  5.2. Any breach of security or unauthorised use of a username, password or security information must be reported to Buzzbnk immediately.
  5.3. Buzzbnk reserves the right not to act on your instructions if it reasonably suspects that the person logged into your Buzzbnk account is not you or it suspects unauthorized use or fraudulent activity.
6. Acceptable use
  6.1. You must ensure that all information supplied by you is true, accurate, and up-to-date at all times.
  6.2. You agree to use this Site only for lawful purposes and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of the site by any third party.
  6.3. You are solely responsible for any information submitted by you to this Site. You hereby agree that any content posted by you on the Site will not:
    6.3.1. be misleading;
    6.3.2. break any law or encourage an illegal act;
    6.3.3. be defamatory, abusive or offensive;
    6.3.4. infringe the copyright, privacy, confidentiality or other right of any third party;
    6.3.5. contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; and/or
    6.3.6. bring Buzzbnk or the Buzzbnk website into disrepute.
  6.4. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it.
  6.5. You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of this Site.
  6.6. While this Site is intended for UK residents, it may be used by residents of other jurisdictions. Users of this Site in jurisdictions outside the UK should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, users should ensure that they are able to use this Site without contravention of legal restrictions in the jurisdiction in which they reside.
  6.7. You are responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms, and that they comply with them.
7. Limitations of liability
  7.1. While every effort has been taken to ensure that all content is correct and not misleading, Buzzbnk cannot and does not verify all of the information contained on this Site. Ventures are fully responsible for the accuracy of the information disclosed on this Site in relation to Projects and it is your sole responsibility to verify the information. Buzzbnk therefore accepts no liability, either express or implied, for any direct, indirect or consequential loss suffered due to the accuracy or completeness of information contained on the Project pages of this Site. This limitation includes, but is not restricted to:
    7.1.1. loss of income or revenue;
    7.1.2. loss of business;
    7.1.3. loss of profits or contracts;
    7.1.4. loss of anticipated savings;
    7.1.5. wasted expenditure or time;
    7.1.6. loss of goodwill;
    7.1.7. or other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not.
  7.2. Buzzbnk hereby excludes all representations, warranties and conditions relating to this Site and your use of it to the maximum extent permitted by law.
8. Risks of backing a Project featured on this Site
  8.1. Buzzbnk is committed to providing a secure platform for Backers to provide Support to the charitable and ethical Projects of Ventures profiled on this Site.
  8.2. Buzzbnk shall ensure that Ventures seeking to raise funding through this Site do so for Projects which in Buzzbnk’s reasonable opinion advance a social purpose.
  8.3. The profiling of Ventures on this Site should not be taken as endorsement.
  8.4. Buzzbnk is in no way responsible for and does not control the activities of Ventures. By agreeing to participate in any Project or otherwise using this Site, you understand that Buzzbnk makes no representation or warranty in relation to the activities of Ventures and accepts no liability for any loss as a result of a Venture’s acts or omissions.
  8.5. Prospective Backers should be aware that any loans advanced by Backers to Ventures will be unsecured. Supporting a Venture involves significant risks and Backers may not recover all or part of any loans advanced, therefore Backers should not participate in a Project unless they can readily bear the consequences of such a loss. Buzzbnk does not accept responsibility for the partial or total loss of any loan made to a Venture featured on this Site.
  8.6. Prospective Backers acknowledge that:
  Ventures
    8.6.1. Buzzbnk makes no projections as to the anticipated performance of Ventures that appear on this Site, some of which may be start-ups with no operating history.
    8.6.2. the extent to which Ventures will be able to achieve their objectives may depend on factors outside their control, for which Buzzbnk does not accept responsibility.
  Loans
    8.6.3. if you make a loan to a Venture there will be no right to opt for early redemption, transfer or withdrawal and so any loan should be viewed as being held to maturity.
    8.6.4. there is no guarantee that you will recover any or all of your loan or receive repayments.
  Benefits
    8.6.5. non-cash Benefits associated with Projects featured on this Site are supplied by the Venture to its Backers directly. Buzzbnk plays no role in the transfer of such Benefits and makes no representations or warranties regarding the appearance, quality, adequacy or suitability of such Benefits.
    8.6.6. the disbursement of all Cash Benefits (e.g. loan payments contingent on success) are the sole responsibility of the Venture.
  8.7. Except for payments Buzzbnk receives from Ventures in satisfaction of sums owed to their Backers, Buzzbnk is under no legal or contractual obligation to provide to you any of the Cash or Non-cash Benefits that appear on this Site. By participating in a Project you acknowledge that Buzzbnk is not responsible and shall bear no liability if for any reason the Venture fails, whether in whole or in part, to provide a Benefit associated with a Project.
  8.8. There may be times when there is a rounding surplus for revenue participation because the amount due to each Backer cannot be divided into whole pence for payment into Backers’ Buzzbnk accounts. The surpluses will remain in the Venture’s account and accumulate each year until the Venture makes its last payment in relation to that Project. The remaining surplus will then be distributed to the Backers and any small sum that remains will be transferred into the account of Buzzbnk’s affiliated charitable organisation.
  8.9. All loan repayments made to Backers are made without the deduction of tax. It is your responsibility to account for any tax that may be payable by you.
  8.10. It is not intended that anything stated in this Site should be construed as investment advice or as an invitation or inducement to engage in investment activity and this Site and the communications made on or through it are not therefore regulated financial promotions for the purposes of the Financial Services and Markets Act 2000.
  8.11. Any person who is in any doubt about backing a Project featured on this Site should consult an independent financial advisor or other appropriately qualified persons.
9. Gift vouchers and gift certificates
  9.1. Gift certificates and vouchers are non-transferable and non-refundable.
  9.2. You must ensure that the recipient of a Buzzbnk gift certificate or voucher is aware of these Terms and complies with them.
  Gift vouchers
  9.3. Once a voucher has been purchased the funds are held in a Buzzbnk account ready to be claimed.
  9.4. Gift vouchers must be claimed by the gift recipient within two (2) years of purchase. If, after eighteen (18) months, the voucher has not been claimed, a first notification email will be sent to the gift recipient reminding them that the voucher will soon expire. If, after three (3) months of the first notification email the voucher has still not been claimed, an email will be sent to the gift purchaser to inform them that the gift voucher has not been claimed. The purchaser will then be given the opportunity to claim the voucher themselves. If, after two (2) months of the email being sent to the purchaser, the voucher has still not been claimed by either the gift voucher purchaser or recipient, a final notification email will be sent to the purchaser. If after one (1) month the voucher has still not been claimed, the voucher will expire. All funds will be forfeited and Buzzbnk reserves the right to transfer the funds to a charitable organisation of its choice.
  Gift certificates
  9.5. Gift certificates must be claimed within two (2) years of purchase. If, after eighteen (18) months, a gift certificate has not been claimed, a first notification email will be sent to the gift recipient reminding them that the certificate will soon expire. If, after three (3) months of the first notification email the certificate has still not been claimed, an email will be sent to the gift purchaser to inform them that the gift certificate has not been claimed. If, after two (2) months of the email being sent to the purchaser, the certificate has still not been claimed, a final notification email will be sent to the purchaser. If after one (1) month the certificate has still not been claimed, it will expire. The Venture will retain the funds and will be under no obligation to deliver any of the benefits due in relation to the Project to the gift purchaser or the gift recipient.
  9.6. Benefits are due from the date a gift certificate is claimed and not from the date it is purchased.
10. Liability for loss of or damage to property and death or personal injury
  10.1. Buzzbnk is not responsible for ensuring that activities and events organised by Ventures are covered by appropriate insurance. By participating in such activities or events you acknowledge that Buzzbnk is not liable for any loss of or damage to personal property that may occur.
  10.2. Notwithstanding any other provision of these Terms, SellAVenture does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions.
11. Links to other sites
  11.1. The Site contains links to websites of other charities and organisations. The links are provided for your convenience only. Buzzbnk does not approve or endorse any third party or its website and takes no responsibility for the content or security of such sites. Buzzbnk accepts no liability for any direct, indirect or consequential loss you may suffer as a result of the use of websites owned or operated by third parties.
  11.2. Furthermore, Buzzbnk will not be party to or in any way responsible for any agreement or transaction concluded between you and any such third party website owner or operator.
12. Viruses
  12.1. You are responsible for ensuring that all information, data and files are free of viruses and do not interfere with any system or data prior to being submitted to this Site.
  12.2. Whilst Buzzbnk makes all reasonable attempts to exclude viruses from this Site, we do not accept responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using this Site. You are strongly recommended to take all appropriate safeguards before using this Site.
13. Copyright
  13.1. All materials on this Site are owned by and subject to the copyright of Buzzbnk, affiliated Ventures or third parties.
  13.2. No part of this Site, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of the copyright holder. You are, however, permitted to access, copy and reproduce materials for your personal non-commercial use only.
  13.3. You retain copyright and any other rights you already hold in content which you submit, post or display on or through this Site. By submitting, posting or displaying the content you give Buzzbnk a continuous, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, publicly display and distribute any content which you submit to the Site, unless otherwise agreed in writing between you and Buzzbnk.
14. Termination
  14.1. Buzzbnk reserves the right to cancel a Project profile and refund all associated Backers’ payments at any time for any reason without notice.
  14.2. Buzzbnk may terminate your access to all or any part of this Site at any time for any reason without notice, and may change, suspend or discontinue all or any part of its online services at any time without notice.
  14.3. If Buzzbnk terminates your access to this Site or suspends your account for any reason other than a breach of these Terms or as a result of criminal activity, we will endeavour to return any funds that belong to you within twenty one (21) days. In situations where funds have already been transferred to a Venture, the Venture will have a continuing duty to use its reasonable endeavours to provide to you directly the Benefits associated with the Project for which you have provided Support.
  14.4. Buzzbnk reserves the right to suspend accounts with no transaction history for a continuous period of two (2) years. Buzzbnk will make all reasonable endeavours to notify the account holder prior to the suspension of an account in the following ways: 1) a notification email two years after the account’s last transaction; 2) a second notification email fourteen (14) days after the first notification email is sent; 3) a final notification email fourteen (14) days after the second notification email.
  14.5. If the account remains inactive within thirty (30) days after the final notification email is sent, it will be suspended. The account holder will forfeit sums held in the account and they will be non-refundable. Buzzbnk reserves the right to transfer the funds to a charitable organisation of its choice.
  14.6. Buzzbnk will not suspend an account where a Backer has made a loan and that loan has not matured or where the sole reason an account has been inactive is because a Venture has not paid Cash Benefits into the account unless there is no reasonable prospect of repayment of the loan or the provision of Cash Benefits by the Venture to the Backer.
  14.7. All provisions of these Terms which either expressly or impliedly survive termination or expiry of these Terms shall survive termination or expiry, including but not limited to Terms regarding warranty disclaimers, indemnities and limitations of liability.
15. Enforceability
  15.1. These Terms are only intended to be enforceable by you and Buzzbnk. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
  15.2. If any of these Terms are determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then they shall be severed and deleted from these Terms without affecting the enforceability of the remaining provisions.
16. Governing Law
  16.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales.
17. Dispute Resolution
  17.1. If any dispute arises in connection with these Terms, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR, the mediation will be conducted in London and all negotiations up to and including the mediation shall be strictly confidential.
18. Jurisdiction
  18.1. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of these Terms (including a dispute regarding the existence, validity or termination of all or part of these Terms or the consequences of its nullity).

SCHEDULE
SUPPORT AGREEMENT

1. General
  1.1. This Support Agreement sets out the terms of agreement between you, as a Backer, and each Venture you choose to support. It forms a direct agreement between you and each such Venture.
  1.2. Your use of this Site constitutes acceptance of the terms of this Support Agreement. Each Venture profiled on this Site has also agreed to accept the terms of this Support Agreement.
2. Definitions
  2.1. Terms not defined in this Support Agreement are as defined in the Terms of Use.
3. Scope
  3.1. This Support Agreement shall apply to all Support provided by you to Ventures through this Site but shall not apply to any Support you provide to Ventures other than through this Site.
4. Commencement
  4.1. This Support Agreement shall commence, as between you and a Venture, when you first provide Support to the Venture.
5. Information
  5.1. Each Venture warrants and represents that:
    5.1.1. the information it provides and has provided on this Site in relation to the Project, and Benefits to be provided to you in relation to the Project, is clear, fair and not misleading;
    5.1.2. it will keep you informed as to the progress of the Project; and
    5.1.3. it will not pass on your details to any third party without your consent.
6. Agreed Purpose
  6.1. Each Venture shall use funds received from you through this Site to advance and promote the Project.
7. Benefits
  7.1. Each Venture shall provide you with the Benefits it has promised on this Site to provide and shall repay any funds advanced by you to it by way of loan in accordance with any terms set out on this Site concerning the Project, including with respect to interest, repayment dates and maturity.
8. Quality and Safety
  8.1. Each Venture shall ensure that any goods provided to you are of satisfactory quality and shall ensure that any events attended by you comply with all appropriate regulations, including health and safety regulations, and are covered by any appropriate insurance as may be required by law.
9. Support
  9.1. You acknowledge, confirm and agree that:
    9.1.1. any monies advanced by you to a Venture are advanced at your risk;
    9.1.2. you accept that you may lose all or part of any monies advanced by you; and
    9.1.3. in the event of default, you shall have sole responsibility for enforcing this Support Agreement and Buzzbnk shall have no such responsibility.
10. Administration
  10.1. You accept that each Venture shall appoint Buzzbnk as its agent to make repayment of interest and Cash Benefits into your account with Buzzbnk during the term of this Support Agreement.
11. Termination
  11.1. This Support Agreement shall terminate, as between you and a Venture, once you have received all Benefits promised by the Venture and the payment of any monies due from the Venture.
12. Governing Law
  12.1. This Support Agreement shall be governed by and construed in accordance with English law.
13. Jurisdiction
  13.1. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with this Support Agreement (including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity).
 
 
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