Terms & Conditions
Business to Arts Limited, trading as Fund it, is a company limited by guarantee not having a share capital, registered in Dublin, Ireland with registered office at 44 East Essex Street, Temple Bar, Dublin 2 and registered company number 134968. Business to Arts is also a charity with CHY number 9871.
Directors of Business to Arts: Michael Owens (Chair), Mary Fulton (Secretary), Maurice Crowley, Fergus Dowd, Clare Duignan, Andrew Flemming, Anne Mathews, Alan MacNab, Gerard McNaughton, Ursula Murphy, Brendan O’Mara, Davina Saint.
Terms and Conditions
1.1 You may browse the Website and view content without registering. However, if you are a Project Creator and want to submit a Project or you wish to make a Pledge, then you will be required to register with Website and by submitting certain information for example you will need to submit your email address and enter a personal password. You will need this to login to the Website on future occasions.
1.2 You must be 18 years or older to make a Pledge or submit a Project. In using or registering with the Website, you represent that you, whether an individual or corporate user, have the legal capacity to form a binding contract.
1.3 You agree to provide true, accurate, current and complete information about yourself or your company or institution. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your account with us (“Account”).
1.4 All conduct and contracts concluded on the Website (for example, if you make a Pledge and you agree certain rewards in return for that Pledge with the Project Creator) shall be in the English language.
1.5 Fund it reserves the right to refuse your registration with the Website for any reason whatsoever.
2. Protecting Your password
2.1 You must protect your Account password and you are responsible for all activities that occur under your Account.
2.2 By accepting these Terms and Conditions and unless otherwise specified in these Terms and Conditions, you agree that Fund it takes no responsibility for fraudulent use of your Account. However, if you believe that Your Account has been compromised and / or is being used by another person, we recommend that you change Account immediately and contact us using firstname.lastname@example.org
3.1 The following deductions will be made from all Pledges:
3.1.1 Fund it charges an administration fee of 5% on every Pledge made.
3.1.2 A deduction of 3% will be made for payment processing and bank charges.
3.1.3 Therefore a total of 8% is deducted from every Pledge. As an example, if €10.00 is donated to a Project Creator via the Website, €0.80 of fees will automatically be deducted and €9.20 will be transferred to the Project Creator provided the Fundraising Target is met.
3.2 All fees and amounts stated on the Website are quoted in € (Euro) or GBP£ (United Kingdom Pounds Sterling), unless otherwise stated.
3.3 IF YOU MAKE A PLEDGE, YOUR CREDIT CARD OR BANK ACCOUNT WILL ONLY BE DEBITED BY THE PLEDGE AMOUNT ONCE THE PROJECT HAS REACHED ITS END DATE AND ONLY IF THE FUNDRAISING TARGET FOR THE PROJECT IS REACHED BY THE PROJECT CREATOR IN THE ALLOCATED FUNDRAISING TIME PERIOD. IN THE ABSENCE OF FRAUD, YOU SHALL NOT HAVE ANY RIGHT OF CANCELLATION OF YOUR PLEDGE AND IN PLACING A PLEDGE, IN THE ABSENCE OF FRAUD, YOU AGREE TO SATISFY ALL SUCH PLEDGES.
3.4 Provided that the fundraising target for a Project is reached by the Project Creator in the allocated fundraising time period, we will provide a summary report to the Project Creator detailing, among other things, the total amount of pledges received, monies debited from cards, any deductions made by Fund it, and any other relevant matters. We will then remit all monies received in respect of Pledges to the Project Creator within three weeks of the allocated fundraising time period.
3.5 Please note that because debit or credit card transactions may not always be satisfied, Fund it cannot guarantee that the actual sum of monies received by Fund it in respect of Pledges and provided to the Project Creator will be equal to the value of Pledges made.
4. Credit/Debit Card Payments
4.1 In making your Pledge by credit or debit card, you agree that all the credit/debit card information you provide is true, correct and complete, that you are authorised to use the credit/debit card to make a Pledge and that your Pledge will be honoured by your credit/debit card issuer.
4.2 If you discover that an unauthorised transaction has been made on the Website site using your credit/debit card, then Fund it will refund to you any monies received provided that: (a) you inform your credit/debit card company and Fund it of the unauthorised payment as soon as you discover it; (b) your credit or debit card issuer agree in writing that a fraud has occurred and (c) you co-operate with your credit/debit issuer and Fund it and, if necessary, the police in relation to the unauthorised use.
4.3 Pledges will not be refunded unless fraudulent use of the card is proven in accordance with clause 4.2.
4.4 Project Creators may initiate refunds of Pledges at their own discretion. Fund it is not responsible for issuing refunds for Pledges that have been collected by Project Creators.
5. Fundraising Accountability
5.1 Fund it shall not be liable for any interactions you may have with other Users. In particular, if you are making a Pledge, Fund it will not be responsible for any interactions you may have with Project Creators. All matters agreed with Project Creators are your own responsibility, including, without limitation, any commitment that a Project Creator may make to recognise your Pledge. If you are a Project Creator you recognise and agree that you are wholly responsible for delivering all Projects and fulfilling any promises and representations that you make to pledgors in relation to their Pledge or the Project generally.
5.2 Fund it has no control over the actions of Users or Project Creators or over the use of Pledges by Project Creators
5.3 If you are dissatisfied with any Project to which you have made a Pledge, then you should take this matter up with the Project Creator. Fund it will not engage in any such disputes and you agree that Fund it has no liability in relation to such disputes.
6. Privacy and security policy
6.1 Fund it’s privacy and security policy can be found at www.fundit.ie/info/privacy-policy
and is hereby incorporated by reference and forms part of these Terms and Conditions.
7. User Conduct and Content
7.1 You agree to act in a responsible and legal manner when using the Website. You shall comply with all applicable laws, regulations and rules and undertake not to use the Website or allow the Website to be used for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the website or in a manner which is likely to cause harm, offence or nuisance to any other Internet user.
7.2. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or any other party’s computer systems or hack or gain unauthorised access to the Website and its data.
7.3 If you are a Project Creator you may not post any content on the Website which you are not authorised to use for example, any work which is not your own original work or which you do not have the right to post on the Website. If someone makes a claim or allegation that your Project or any other content posted by you on the Website is their work or infringes their intellectual property rights, you shall contact Fund it directly via email@example.com.
7.4 You must not use the Website to transmit to or from the Website any potentially unlawful, threatening, libellous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.
7.5 You must not use any automated system or software to extract data from this Website for display on any other website or to use it otherwise and, equally, you may not copy or provide details of products and systems or use it otherwise unless you obtained that information independent of our Website.
7.6 You may not use information obtained in connection with its registration with or use of the Website, or in any way use the Website, to carry out unsolicited mail-bombing or spamming or cause annoyance, inconvenience or anxiety to other Internet users; use the Website or information obtained in connection with its registration to distribute or deliver any software virus or worms; or display on the Website or use in connection with the Website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render Fund it liable to the payment of damages to any third party.
7.7 Fund it reserves the right to remove or suspend any material posted which is, in its sole opinion, in breach of this clause, or which it suspects to be in breach of this clause at its absolute discretion. In addition to any other remedies available to Fund it pursuant to this Agreement, you agree to compensate Fund it for any losses, liabilities, costs and expenses of whatever nature, which Fund it may suffer arising as a result of your breach of this clause.
8.1 The Website may contain links to third party websites, but this does not mean that Fund it endorses or authorises those websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Fund it may terminate a link to a third party website at any time.
9. Intellectual Property
9.1 The Fund it name and logo are the property of Fund it and you may not use the Fund it name and logo without express written permission from Fund it.
9.2 Other than content posted on the website by Project Creators, Fund it, our licensors or other relevant third parties own all other information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, trademarks, trade names, logos and other materials and services found on the Website, including its look and feel (“Website IP”).
You should note that the Website IP is protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.
You may not make alterations, copies, extractions, modifications, or additions to the website IP, or sell, copy, disseminate or licence it, or misuse the Website IP in any way. You may not re-publish, extract, reproduce, disseminate or otherwise use the Website IP without our permission. However, you may for personal use only, print copies of the information contained on the website and temporarily store the files on your computer to allow you use the Website.
You may have other rights under mandatory law which are unaffected by this provision.
9.3 You may not use any intellectual property rights comprised or contained in any Project without the express written consent of the Project Creator.
9.4 If you are a Project Creator, you warrant, represent and undertake that you own all intellectual property rights in your Project as sole legal and beneficial owner free from encumbrances, but to the extent you do not own such intellectual property rights, you have a valid and existing licence to include them in your Project. You hereby grant to Fund it a world-wide, perpetual, royalty free, non-exclusive licence of such intellectual property rights to the extent necessary to include your Project on the Website and to facilitate fundraising for your Project.
9.5 The Website IP is provided by Company on an as is basis, and Fund it expressly disclaims, to the extent permitted by applicable law, any or all warranties, expressed or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Website IP. To the extent permitted by applicable law, Fund it excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Website IP whether any of the foregoing are, without limitation, direct, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.
9.6 With regard to content submitted by Users to the Website (“User Content”), Fund it does not claim ownership of such User Content. However, with respect to User Content you submit or make available for inclusion on accessible areas of the Website, you grant to Fund it a world-wide, perpetual royalty free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Website solely for the purposes of including user content on the Website and facilitating the fundraising process. In the event a claim is made against Fund it if you infringe a third party’s intellectual property rights, you agree to indemnify and hold Fund it harmless in relation to any loss or damage Fund it may suffer in respect of such claims.
10. Modifications to terms and conditions
10.1 Fund it reserves the right, at its sole discretion, to modify or replace any of the Terms and Conditions, or change, suspend, or discontinue the Website or the fundraising service provided via the Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you an email. Fund it may also impose limits on certain features and services or restrict your access to parts or all of the Service but will notify you in advance of any such changes.
10.2 Every time you use the Website you are deemed to have understood and accepted the latest terms and conditions as published at the time or otherwise notified to you. If you do not accept these terms and conditions, you should not use the Website.
11. Failure to comply with these terms and conditions
11.1 If you fail to comply in any way with these Terms and Conditions, Fund it may suspend or terminate your Account or restrict you from using the Website.
12.1 Fund it may terminate your Account or your use of the Website on written notice (which shall include e-mail) if you are in breach of any of the Terms and Conditions and fail to correct such breach within fourteen (14) days following adequate notice from Fund it specifying the breach or in the case of a breach of clause 8.2, Company may terminate forthwith without notice.
12.2 Fund it may terminate your Account upon written notice (which shall include e-mail) if you are a company and you go into insolvent liquidation, receivership or examinership or you are deemed to be unable to pay your debts as they fall due within the meaning of section 214 of the Companies Act, 1963 (as amended, extended, consolidated, or replaced), of if you are an individual and you are declared bankrupt.
12.3 Termination of these Terms and Conditions for any reason shall not affect the accrued rights of the parties or any provision of these Terms and Conditions which relates to or governs the acts of the parties hereto subsequent to such expiry or termination shall remain in full force and effect and shall be enforceable notwithstanding such expiry or termination.
13. Limitation of Liability
13.1 FUND IT MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE.
13.2 FUND IT SHALL NOT BE LIABLE FOR ANY INTERRUPTION OR SUSPENSION OF THE WEBSITE OR RELATED SERVICES DUE TO CIRCUMSTANCES BEYOND ITS CONTROL INCLUDING, WITHOUT LIMITATION ANY BREAKDOWN IN INTERNET CONNECTIVITY OR SECURITY.
13.3 FUND IT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE ACCESS TO OR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGE ARISING AS A RESULT OF ANY BUGS, TROJAN HORSES, VIRUSES, WORMS OR OTHER HARMFUL CODES OR ERRORS EXPERIENCED AS A RESULT OF ACCESSING THE WEBSITE.
(I) LOSS OF ACTUAL OR ANTICIPATED PROFITS OR LOSS OF SALES;
(II) LOSS OF BUSINESS, BUSINESS OPPORTUNITY, INVESTMENT OR CUSTOMERS;
(III) LOSS OF ACTUAL OR ANTICIPATED REVENUE OR SAVINGS;
(IV) LOSS OF, DAMAGE TO, OR REDUCTION IN VALUE OF, GOODWILL OR REPUTATION;
(V) LOSS OF, OR LOSS OF USE OF, OR DAMAGE TO, ANY SOFTWARE OR DATA OR EQUIPMENT (INCLUDING, WITHOUT LIMITATION, COMPUTER EQUIPMENT);
(VI) LOSS AND/OR LIABILITIES ARISING UNDER OR IN RELATION TO ANY OTHER CONTRACT; AND/OR
(VII) INDIRECT, ECONOMIC, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES OR LOSSES.
13.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUND IT EXPRESSLY DISCLAIMS ALL AND SHALL NOT BE DEEMED TO HAVE GIVEN ANY WARRANTIES, EXPRESS OR IMPLIED (BY LAW OR OTHERWISE), AND (OTHER THAN AS SET OUT IN THIS AGREEMENT) IN RELATION TO THE WEBSITE AND YOUR USE OF THE WEBSITE.
14.1 You agree to indemnify and keep fully indemnified and hold Fund It and its officers, employees, agents and successors harmless from and against any claim or demand whatsoever made by any third party and any losses, costs, damages, expenses and liabilities, including reasonable legal fees, due to or arising out of (i) User Content, (ii) Your use of the Website otherwise than in accordance with these Terms and Conditions and (iii) Your breach of these Terms and Conditions.
15. Governing Law
15.1 These terms and conditions are governed by Irish law and any disputes arising in any way in relation hereto shall be subject to the exclusive jurisdiction of the Irish Courts and you submit to the exclusive jurisdiction of the Irish courts in relation to all disputes and issues arising out of or in connection with it.
16.1 In the event that you experience technical difficulties in the use of the services on the Website, please send us your query to firstname.lastname@example.org