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