Investinero Terms and Conditions (Agreement) determine your use of Investinero Platform services at https://www.investinero.com (the Site).
Policies change from time to time, and you agree that they form part of this Agreement. Each time you use Investinero services you confirm your agreement to be bound by, and acknowledge any changes to, the Agreement (including the Policies). You also agree to familiarise yourself with and comply with the Policies relevant to your use of the Site and the services provided under this Agreement (as may be amended from time to time). You should access and read the information contained in other pages and websites referred to in this Agreement. By accepting this Agreement (including the Policies) you agree to be bound by it and to the User Agreements and posted terms and conditions on other websites operated by Investinero. From time to time Investinero may amend the terms and conditions of this Agreement. Amendments will be published on the Investinero Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amendments will be effective immediately. Continued use of Investinero services following the publication of any changes to the Terms and Conditions constitutes acceptance of those changes. You must terminate your membership with Investinero if you do not agree with such changes to this Agreement (or any Investinero Policies). If you continue to be a member of the Investinero Site after any such changes to this Agreement or any Investinero Policies, you will be considered to have accepted the amended terms as part of the Agreement. The terms of this Agreement and any of the Investinero Policies cannot be amended, except as specifically described in or authorised by this Agreement, and only then in writing authorised by you and Investinero. In this Agreement a reference to “you” includes anyone acting on your behalf or with your express or implied authority. Any reference to this Agreement includes Investinero’s Policies, unless stated otherwise.
Investinero is a Venue and a Service Provider
Investinero is an online community crowdfunding platform and acts as a venue to allow members who comply with Investinero Policies to raise funds to fulfil their dreams of starting, running and growing their own business, to get projects started, or to raise funds for charitable projects. Investinero allows individuals, groups and organisations (“Campaign Creators”) to list campaigns and raise funds through experiences, donations, debt, equity partnership and/or services (“Rewards”) to new and existing Investinero registered users (“Campaign Supporters”). Investinero is not directly involved in the transaction between Campaign Creators and Campaign Supporters. Investinero analytical team performs due diligence on the projects submitted to the best of their knowledge, expertise and ability but nevertheless has no control over the quality, safety, morality or legality of any aspect of Campaigns or Rewards listed, the truth or accuracy of the listings, the ability of Campaign Creator to complete the Campaign or Rewards, or the ability of a Campaign Supporter to actually pay promised monies. Investinero cannot ensure that a Campaign Supporter or a Campaign Creator will actually complete a transaction. Consequently, Investinero does not transfer legal ownership of Rewards from the Campaign Supporter to the Campaign Creator. Investinero cannot guarantee the true identity, age, and nationality of a member. Investinero recommend that you check the member’s bio and history on the Site for background information and do your own research before providing funds. Investinero is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on Investinero. You agree that use of Investinero services is at your own risk.
All funds are collected and managed for the Campaign Creator by authorised payment and financial institutions, operating under oversight of the respective regulator. Where the Campaign is created as a ‘Take What You Can Get’ campaign the “Net Funds” are paid to the Campaign Creator during the course of the Campaign as pledges are received. Where the Campaign is created as a “All or Nothing” campaign the “Net Funds” are paid to the Campaign Creator after the Campaign has completed. Investinero obtain their fee directly from the project owner. Investinero shall not be liable for the interactions with any organisations and/or individuals found on or through the Investinero service. All queries regarding funds pledged should be referred to the campaign creator at first instance and if the issue is not resolved, then to payment facilitator. Investinero is not involved in the development of Campaigns. It is the responsibility of the Campaign Creator to fulfil the promises of their Campaign. Investinero reviews Campaigns to ensure they do not violate Investinero Terms and Conditions, however does not investigate a Campaign Creator’s ability to complete their Campaign. Investinero cannot be held liable for the actions of a Campaign Creator. Campaign Creators are wholly responsible for fulfilling obligations both implied and stated in any Campaign listing they create. Investinero does not oversee the performance or punctuality of Campaigns. Investinero reserves the right to remove a Campaign listing from public listings for any reason. All dealings on Investinero are solely between you and such individuals and/or organisations. Investinero is not responsible for any damage or loss incurred as a result of any dealings on the Investinero platform and is under no obligation to become involved in disputes between Campaign Supporters and Campaign Creators, or between site members and any third party. In the event of a dispute, you agree that you release Investinero employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and Investinero service. Investinero cannot guarantee the performance or reliability of the Stripe online payment services. Investinero cannot guarantee the full receipt of promised funds to a Campaign due to occasional failures when capturing funds from debit and credit cards. Campaign Creators and Campaign Supporters agree to be bound by and comply with the respective payment institution's Terms of Service.
Campaign Rewards and After Sale
By listing Campaign Rewards on the Site you warrant that you and all aspects of the Reward comply with the Investinero published policies. You also warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale in your Campaign description and the Reward description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward. Each Reward must accurately and completely describe the item(s) or experience/s on offer. If the “Available” quantity is more than one or unlimited, all items and/or experiences listed in that Rewards tier must be identical. Each unique Reward must have its own listing as a new Reward. All Campaign Creators are urged to outline terms of sale for their Investinero Campaign. These terms of sale may include, for example, shipping, returns, payment and selling terms. Campaign Creators must create reasonable terms in good faith and must abide by such terms. All campaign terms must comply with Investinero site-wide policies. Campaign Creators are responsible for enforcing their own reasonable campaign terms. Investinero reserves the right to request that a Campaign Creator modify their terms and conditions. All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Campaign Supporter, unless there is an exceptional circumstance, such as: (a) the Campaign Supporter fails to meet the terms of the Campaign Creator’s listing (such as payment method), or (b) the Campaign Creator cannot authenticate the Campaign Supporter’s identity. The Campaign Supporter is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance. Investinero reserves the right to restrict members sponsoring Investinero Campaigns or revise the limitations on contributing to Investinero Campaigns, at any time and for any reason. Investinero may also further restrict your ability to sponsor Campaigns depending on your country of residence.
Prohibited, Questionable and Infringing Incentives, Items and Activities
You agree that you are solely responsible for your conduct and activities on, and regarding, Investinero and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Investinero. Your Content and your use of Investinero shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policies, any community guidelines, any Campaign guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
- Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including Investinero staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Modify, adapt or hack Investinero or modify another website so as to falsely imply that it is associated with Investinero;
- Appear to create liability for Investinero or cause Investinero to lose (in whole or in part) the services of Investinero’s ISPs or other suppliers
Payments and Fees
Registration and Campaign Contribution Fees
Registering as a Investinero member and setting up a Campaign on Investinero is free. Investinero charges Campaign Creators a service fee on total funds received (See Investinero Service Fee). Campaign Supporters are not charged any service or transaction fees other than their direct banking and financial costs for making the payment of contribution.
Investinero Service Fee
Investinero will deduct a 5% standard fee from the funds raised through a Campaign on the Investinero Site. We reserve the right to vary this rate for specific campaigns in agreement with the Campaign Creator (e.g. 4%). For ‘Take What You Can Get’ campaigns Investinero charges a 5% Service Fee. This applies where you receive your funds after the Campaign has completed. If however, you wish to withdraw funds prior to the campaigns end date, you may lodge a request with Investinero. If approved, a 10% service fee will be charged.
Payment institution (e.g. your bank, PayPal and other payment providers) will deduct credit/debit card fees from funds paid to a Campaign Creator at their published rate. Fees may vary depending upon the location of your account and whether pledges are made using a domestic or international debit/credit card.
Payment of Campaign Funds Where the Campaign is created as a ‘Take What You Can Get’ campaign the payment provider will pay the “Net Funds” to the Campaign Creator during the course of the Campaign as pledges are received. Where the Campaign is created as a ‘All of Nothing’ Campaign, the “Net Funds” to the Campaign Creator will be paid after the Campaign has completed. The “Net Funds” are the amounts raised during a Campaign less the transaction Fees and Investinero Fees.
On occasion it is possible that a pledge made by a Campaign Supporter will be returned to the Campaign Supporter by payment provider (for example if there has been fraud on their debit/credit card). In these circumstances it may be that the amount shown on the Investinero website will show a higher amount raised on a campaign until Investinero are informed by Stripe of the need to make an adjustment. Once we have been informed we will endeavour to make the adjustment within 10 working days.
ver.1.0. February 2017
Scope: The privacy practices of this statement apply to the website located at https://www.investinero.com and to personal information collected by Investinero. When we talk about us, we mean the business that operates the website. When we talk about you, we mean the person using our website or services.
Personal Information Uses: It is our usual practice to collect personal information from you, usually when you complete an online form, deal with us over the telephone, send us correspondence (by letter, facsimile or email) or have contact with us in person. We only use your personal information for the purposes for which you give it to us, and for related internal management purposes. In some cases, we may disclose information about you to third parties, however we do not give information about you to anyone else unless one of the following applies:
- You have consented
- You’d expect us to or we have told you we will
- It is required or authorised by law
- It will prevent or lessen a serious and imminent threat to somebody’s life or health
- The disclosure is reasonably necessary for law enforcement or for the protection of public revenue
If you support a campaign and the campaign creator needs your personal information to provide your reward we will ask that they use your information only for that purpose and to update you on progress of the campaign.
- An Important Note About Children. Children (persons under the age of 18 years) must be supervised by parents or guardians if using Investinero services. We request that children do not submit any personal information to us.
- Partners – We collect data across all user accounts and disclose such information in a non-personally identifiable manner to partners and other third parties for marketing and promotional purposes. We do not however disclose any information that could be used to identify you personally. Personal information, such as your name, email address, password, credit card and bank account details, is never disclosed to partners.
- Investinero Community – Throughout the site, you are identified by your full name. This may result in other users and third parties sending you unsolicited communications and being able to personally identify all of your activities on Investinero. By using your full name, other users can identify you and your activities throughout the site and see the campaigns that you have supported in the past, your postings and any comments. We also provide a number of ways to allow other users to find more out about you and your site activities, such as our feature that allows users to quickly see all of the campaigns you have created and supported at the time. If you are involved in a transaction, other users can view your full name, email address and obtain your contact information.
- Legal Requests – Investinero may lawfully disclose your personal information for law enforcement or regulatory purposes. Investinero cooperates with law enforcement enquiries and other third parties to enforce laws, intellectual property and other rights. We can (and by agreeing to this policy you authorise us to) disclose any information about you to law enforcement agencies or other governmental officials as we, in our sole discretion, believe necessary, appropriate or as otherwise permitted under the existing EUlegislation, in connection with an investigation of fraud, terrorism financing, money laundering and intellectual property infringements, piracy or other illegal activity that may expose us to legal liability.
- Use of Other Users’ Information. In order to facilitate interaction among all Investinero community members, our service allows you limited access to other users’ contact information. As a campaign creator you have access to the full names, email address and other contact information of the campaign supporter, as well as access to the full name, email address and other contact information of the creator. By entering into our Terms and Conditions, you agree that, with respect to other users’ personal information that you obtain through the Investinero site or through a Investinero-related communication or Investinero-facilitated transaction, Investinero hereby grants to you a licence to use such information only for Investinero-related communications that are not unsolicited commercial messages, using co-branded services offered through Investinero (e.g., insurance, shipping and fraud complaints), and any other purpose that such user expressly opts into after adequate disclosure of the purpose(s). At all times, you must give users an opportunity to remove themselves from your database and a chance to review the information you have collected about them. Under no circumstances, except as defined in this Section, can you disclose personal information about another Investinero user to any third party without our consent and the consent of such other users after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information that they access. We and our users do not tolerate spam. Therefore, without limiting the abovementioned you are not licensed to add a Investinero user, or even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure. To report spam from other Investinero users, please send an email to email@example.com.
- Reviewing and Changing Personal Information. Following account user registration, you can review and change the information you submitted during registration including: Registration information, such as: name, company, address, city, state, post code, country, primary phone number, secondary phone number etc Your password (if you have supplied such information) You should update your personal information promptly if it changes. You cannot change or remove any public postings made in Investinero forums or other message areas or the feedback area, once posted. We will deactivate your account, contact information, and financial information from our active databases upon your request. To make this request simply email firstname.lastname@example.org. Your information will be deactivated as soon as reasonably practicable in accordance with our deactivation policy and applicable law. In some circumstances we will retain information you have requested to remove in our files, for the purposes of prevention of fraud, dispute resolution, troubleshooting, assisting with any investigations, and enforcing our Terms and Conditions, and compliance with legal requirements. Due to technical constraints and the backup of our systems, prior information is never completely removed from our databases. Therefore, not all of your personal information will be completely removed from our databases in response to your requests, however personal information will be deactivated from public viewing and usage by other members of Investinero and will only be available to select Investinero personnel.
- Security. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Your Information is stored on the Investinero servers currently located in Australia We use industry standard efforts to safeguard the confidentiality of your personal information, such as firewalls and Secure Socket Layers (SSL). However, ‘perfect security’ does not exist on the Internet. When using services, your financial details are passed through a secure server using 256-bit Secure Sockets Layer (SSL) encryption technology. This encryption scrambles details such as the credit card number, billing details and delivery address so that other computers generally are unable to decipher the information, providing privacy and security. Investinero does not store your payment information (such as credit card or debit card information) on Investinero servers or databases.