Terms and conditions as of 16 June 2016
These Terms and Conditions (hereinafter “Terms”), including appendices thereof, govern all relations between Users of the Website and StudentBackr, owned by Amapolas Ltd., a private company limited by share (€1,000,000 share capital divided into 1,000,000 shares of €1 each – capital social: €12), registered at the Companies Registration Office (CRO) in Dublin, company no. 560775, with its registered office located: c/o Atkinson & Co., Slaney Place, Enniscorthy, Co. Wexford, Y21 F6KO, Ireland.
The Website is made available to Users for the purpose of:
It is specified in advance that all words or phrases in these Terms that begin with capital letters are defined in section 2 (“Definitions”) of these Terms, and that any reference in these Terms to statutory provisions includes, where applicable, any updates to such statutory provisions as well as all related regulations.
In case of any litigation or dispute concerning the interpretation of the present Terms, the original French version of StudentBackr Terms and Conditions will prevail over the English translation.
Use of the StudentBackr Website, or of the Service offered by StudentBackr, conclusively presumes and implies the User’s full and complete acceptance of these Terms.
The User acknowledges that he understands these Terms and expressly declares that he has accepted them.
This acceptance is demonstrated on the Website in the sign-up form or payment form, via a checkbox indicating that the User accepts these Terms, which are accessible via hyperlinks from the forms in question.
There can be no conditional acceptance of these Terms, nor acceptance of these Terms under reservation. Absent full and complete acceptance of these Terms, the User agrees not to use the Site or its associated Service.
StudentBackr hereby gives notice that it may modify these Terms at any time, and that any changes shall take effect as soon as they are posted online. It is the User’s responsibility to keep informed of new provisions. Each new use of the Service constitutes acceptance of the Terms in force at the time.
Acceptance of StudentBackr’s Terms entails unconditional acceptance of the Terms and Conditions of MANGOPAY SA for Payment Services using MANGOPAY Electronic Money, reproduced in an appendix below.
If the provisions of the MANGOPAY SA’s Terms and Conditions should enter into conflict with these Terms, it is agreed that these Terms shall prevail.
These Terms constitute the entirety of the contract documents enforceable between StudentBackr and Users.
Unless expressly provided to the contrary, or where context requires otherwise, all words or phrases in these Terms beginning with capital letters and defined below shall be understood according to the following definitions:
In all cases, a banking fee of three percent (3%) is added to this Commission.
A Backer may contribute as a Member, but is not required to be a Member; he may also contribute as a Visitor under the conditions mentioned above.
Registration on the Website as a Member, Contribution to Student Projects, and the submission of Student Projects to the Website are reserved for natural persons over the age of majority with the capacity to contract, or juridical persons, as the case may be.
The creation of a StudentBackr Account is subject to prior registration on the Website. The User must complete all mandatory fields on the form in order to register.
Any User who represents a juridical person certifies that he has the capacity to contract in the name of and on behalf of that juridical person, and holds all rights necessary to conclude this agreement in the name of that juridical person.
The User warrants:
In order to register on the website, the User must complete the online registration form, under the terms discussed in section 3.1 (“User’s capacity to consent”) of these Terms. The completion of the registration is evidenced by the sending of a confirmation email to the email address provided by the User.
StudentBackr, as the sole decision-maker with regard to the validity of registrations, reserves the right to refuse any registration, without this giving rise to any right of compensation or recourse.
StudentBackr reserves the right, in particular, to ask the User to provide any necessary proof of identity. If such proof is not provided by the User within 7 (seven) business days, StudentBackr reserves the right to terminate that User’s StudentBackr Account.
The Login Information provided during the registration process is non-transferable and strictly personal and confidential.
The User is prohibited from communicating his Login Information to third parties, and promises to keep this information confidential. The User also promises not to use the Login Information of another User, not to create more than one StudentBackr Account, not to usurp the identity of a third party, and not to mislead StudentBackr by creating a fake profile.
In the case of fraud, such as those described above, StudentBackr reserves the right to terminate the StudentBackr Account without notice, without compensation, and without recourse, and to pursue legal action.
The actions carried out from a StudentBackr Account are deemed to have been performed by the Member who owns the Account, and this Member may not invoke any misappropriation, loss, or fraudulent use whatsoever against StudentBackr.
In the case of loss, misappropriation, fraudulent use, or suspicion of fraudulent use of his Login Information by a third party, the Member promises to immediately notify StudentBackr by sending an email to the following email address: email@example.com.
The viewing of the content published on the Website is entirely free and open.
All equipment (hardware and software) necessary for using the Website is the exclusive responsibility of the User, as are all costs related to such equipment (e.g., internet subscriptions).
The User affirms that he understands and accepts the nature and limitations of the internet. Consequently, the User is solely responsible for the data and information that he views or transmits via the Website.
Given the limitations of the internet, the functioning of and secured access to the Website and its Service cannot be guaranteed 24/7 by StudentBackr, which is bound by a simple duty of best efforts. The User expressly acknowledges and accepts this.
The User is specifically informed that access to the Website and the Service may be temporarily interrupted for purposes of planned or unplanned maintenance, updates, or improvements to the Website or Service.
Any potential technical incidents that may result from such interruption will not, in any instance, give rise to a right to compensation of any sort.
StudentBackr further declares that it will do everything in its power to ensure the accuracy of information found on the Website. Nevertheless, it may not be held liable for any virus, error, or omission that may be found on the Website.
The User acknowledges and accepts that under no circumstances may StudentBackr be held liable for the User’s inability to access the Website and/or Service, nor for the permanent cessation of operations of the Website and/or Service. As a result, the User acknowledges and accepts that any interruption, temporary or permanent, of access to the Website or Service will not, in any instance, give rise to a right to compensation or remuneration of any sort.
The User promises not to use the Website for any illegal or fraudulent activity whatsoever, including specifically money laundering, and declares that the source of all funds used by him on the Website is legal.
StudentBackr will transmit all information that is likely to be fraudulent in nature to the relevant authorities, without notifying the User.
The User waives any actions against StudentBackr that may arise as a result of the divulging of such information to the authorities.
The User is solely responsible for the information that he places online, in accordance with section 5 (“Compliance of content with these Terms and with the law”) of these Terms.
The User acknowledges that the potential gathering or use by third parties of the information that he places online cannot be imputed to StudentBackr.
Consequently, the User relieves StudentBackr from all liability or damages arising from any third-party use of information exchanged through the Website.
The User accepts that the content of the Website is subject to modification without this exposing StudentBackr to any liability.
The Student Project Owner is the sole beneficiary of the rights associated with the creation and promotion of his Student Project and is the sole responsible party for the obligations associated with the creation and promotion of his Student Project, regardless of the number of people affected by the Student Project. For each Student Project submitted, the Student Project Owner promises to provide, in a clear and precise manner, all information requested by StudentBackr.
Every Student Project is subject to the prior approval of StudentBackr. This approval does not represent any guarantee to the Student Project Owner with regard to obtaining funding.
StudentBackr reserves the right to ask the Student Project Owner to provide any documentation that would prove the veracity of the information submitted. If the requested documents are not provided within 7 (seven) business days, StudentBackr reserves the right to terminate that User’s StudentBackr Account.
The Student Project Owner expressly agrees to keep his Student Project on the Website throughout the entire Campaign Period, and to not submit his Student Project on any other crowdfunding platform during this Campaign Period.
The Student Project Owner is the exclusive owner of all property rights in the Student Project and its contents.
However, the Student Project Owner grants StudentBackr and its partners, exclusively and free of charge, the rights that may enable StudentBackr to carry out its Service and promote the Student Project, throughout the entire world and for the entire duration of this agreement – including, in particular, the right to use the name of the Student Project Owner, the name of the Student Project, and the description of the Student Project, as well as the right to reproduce and adapt the contents of the Student Project, insofar as this is done with the purpose of promoting of the Student Project, via any medium.
The Student Project Owner hereby expressly accepts that StudentBackr may freely use the contents of the Student Project and the information associated with it, as well as employ such items on the Website where trademarks or logos of StudentBackr partners are also present.
It is the responsibility of the Student Project Owner to keep a copy of all content that he posts online.
The User is hereby informed of the risks associated with every Student Project and expressly accepts the element of uncertainty associated with the performance of Student Projects. In particular, prior approval of a Student Project by StudentBackr does not constitute any guarantee to a Backer regarding the success of the Student Project or the authenticity of the information furnished by the Student Project Owner.
Each Contribution is paid by the Backer via the payment methods offered on the Website and is charged immediately. By using the payment methods offered on the Website, the User accepts MangoPay’s terms and conditions, annexed as an appendix to these Terms.
StudentBackr does not charge any commission to Backers. A Backer bears only any banking and/or transaction fees that may be included in the fee chart of the institution where his own bank account is located, and/or associated with the choice of certain payment methods.
The Backer is entirely free to choose the amount of his Contribution, as well as how his Contribution is to be allocated.
The Backer expressly acknowledges and accepts that StudentBackr may communicate personal information to the Student Project Owner, so that the Student Project Owner may send the chosen Reward to the Backer.
In order to receive any funds collected, the Student Project Owner expressly consents to the Verification of his StudentBackr Account, as provided for this purpose on the Website.
Once the StudentBackr Account of the Student Project Owner has been verified and validated, StudentBackr transfers into the Student Project Owner’s bank account, as soon as possible, the amount of the Contributions received from Backers, minus the Commission levied by StudentBackr as well as the banking fees.
The Commission and banking fees are automatically deducted from the amount reached by the Tracker at the end of the Campaign Period.
In the event that the Student Project Owner is unable to deliver the promised Reward(s) to one of his Backers, he expressly commits to provide an/other Reward(s), with the Backer’s agreement, or to reimburse the Backer fully, and also accepts that StudentBackr will not be able to assist with this process in any instance. If the Student Project Owner reimburses the Backer fully, he is released from the obligation to deliver all or any part of the promised Reward(s).
The Student Project Owner agrees to comply with the French Data Protection Act, law no. 78-17 of 6 January, 1978, as amended, as set out in the provisions of section 10 (“Personal data”) of these Terms.
It is the exclusive responsibility of the Member to pay any applicable taxes or duties on Contributions received or paid. For each Student Project, the Student Project Owner expressly acknowledges that he is solely responsible for all accounting, fiscal, and social procedures relating to the Student Project and/or the amounts collected via StudentBackr.
Student Project Owners are solely responsible for the production and delivery to Backers of any tax receipts attesting to their Contribution(s), it being specified that it is the sole responsibility of each Backer to verify his own eligibility for possible tax deductions. StudentBackr disclaims any liability for any claim, demand, or action relating to the production or delivery of such receipts.
StudentBackr is authorized to temporarily suspend or permanently terminate a Campaign in progress, in the event that the Student Project Owner finds himself unable to bring his Student Project to fruition (death, accident, etc.).
In cases where a StudentBackr Account is subject to termination, as specified in these Terms, StudentBackr reserves the right to temporarily suspend or to terminate the Campaign and to proceed with Reimbursement to the Backers, where applicable. The Student Project Owner and/or his assignees are not entitled to recover any amounts collected.
StudentBackr reserves the right to approve content published on the Website, or to refuse such content, without this creating any obligation on its part to verify the contents, accuracy, or consistency of the information in question.
The Member bears sole responsibility for all content that he publishes on the Website, as well as all consequences of publishing such content. The Member thus warrants that he will not publish any Student Project or content that runs contrary to the objective of the Website and/or the provisions of these Terms, and/or that is illegal or fraudulent in nature. In particular, it is strictly prohibited to publish any content that may infringe, damage, or violate Intellectual Property Rights, persons (e.g., defamation, insults, slurs), privacy, public order, or public decency.
It is likewise strictly prohibited to publish any Student Project or content of a commercial or promotional nature, of any sort whatsoever, public or private, and regardless of to whom it is directed (e.g., another User, a StudentBackr employee, a StudentBackr partner, a third party).
As applicable, StudentBackr reserves the right:
StudentBackr carries out regular reviews with the goal of identifying offending material, and may impose sanctions against the author of such material, including banning such author.
The Website and its content (text, images, audiovisual/media files, software, scripts, etc.) are the exclusive property of StudentBackr and are protected by applicable intellectual property law. StudentBackr grants the User a personal, non-transferable, and non-exclusive right to use this content.
Without express prior authorization from StudentBackr, any use of such content in a manner that would violate Intellectual Property Rights (such as reproduction, representation, distribution, copying, and reuse) is prohibited, under penalty of legal action.
The contents of Student Projects are the property of the respective Student Project Owners. It is the sole responsibility of each Member to safeguard and protect any intellectual property elements (text, images, audiovisual/media files, concepts, etc.) that he publishes on the Website.
These Terms apply:
In the event that these Terms are modified, and a Member who holds a StudentBackr Account expressly refuses to accept the new Terms, StudentBackr reserves the exclusive right to remove or suspend the StudentBackr Account of that Member.
A Member has a period of 3 (three) years, from the date of the last provision of funds to his Balance, to request payment via bank transfer of these funds or to use these funds on the Website. 3 (three) months before the expiration of this period of 3 (three) years, StudentBackr will send the Member an email notification reminding him of this clause and of the date on which his period of 3 (three) years will end. Absent a request for payment of the funds remaining in his Balance or the use of these funds on the Website within the period of 3 (three) years, the Member will be deemed to have freely renounced these funds as well as any future recourse or claim to them, these funds being irrevocably acquired by StudentBackr to offset the costs associated with the inactivity of the StudentBackr Account in question.
In the event of misconduct attributable to a Member and constituting a violation of these Terms, StudentBackr reserves the right to, immediately and without notice or formal warning, temporarily suspend or permanently terminate the StudentBackr Account of that Member, and/or to limit that Member’s access to the Website, without the User being entitled to any recourse or compensation.
In such cases, StudentBackr would also be entitled to seek damages for any harm suffered.
StudentBackr disclaims any liability in the event of suspension or termination of a StudentBackr Account, regardless of the cause for such suspension or termination, and reserves the right not to compensate all or any part of the amounts credited to the account, as it deems necessary to compensate for the damages it may have suffered, whatsoever their nature.
If the Member wishes to terminate his StudentBackr Account, he should follow the procedure provided for this purpose on the Website.
Once terminated, the StudentBackr Account is permanently removed, with regard to all data relating thereto.
StudentBackr, as a mere intermediary, cannot be held liable for any dispute whatsoever that may arise between Users, be they Visitors or Members, and in particular disputes between Backer(s) and Owner(s) of Student Projects.
StudentBackr thus disclaims all liability in the event that a dispute does arise between any the aforementioned parties.
StudentBackr cannot be held liable for the actions or omissions of its Members, in particular for the accuracy of information relating to Student Project Owners or any content that any Member may publish of his own initiative, nor for the consequences that they may have on any other User.
Via its Website, StudentBackr offers Student Project Owners a tool that allows them to visually present their Student Project(s), and offers Backers a tool that allows them to access all Student Projects or certain Student Projects targeted on the basis of category. This Service, strictly constituting intermediation between Backers and Student Project Owners, cannot be confused with consultancy or advisory activities.
The Student Project Owner expressly promises to compensate StudentBackr for any damage suffered by StudentBackr or caused to be attributed to StudentBackr in relation to a Student Project, and guarantees to indemnify StudentBackr, without limit, in any liability action that may be brought against StudentBackr by a User or by any third party as a result of the presentation, performance, or execution of a Student Project published on the Website.
StudentBackr also cannot be held liable in the event of illegal or fraudulent activity by a Member and shall not incur any liability in the event that it would not have been aware of the illegal or fraudulent nature of such activity. Nevertheless, as necessary, StudentBackr will make every effort to remove from the Website any illegal data that may result from activity of this sort.
StudentBackr cannot be held liable or be considered to have breached these Terms, in the case of delay or non-performance, where the cause of such delay or non-performance is related to an event of force majeure as defined by the applicable law.
As StudentBackr processes personal data, the Website and its data files have been registered with the CNIL (French data protection commission) on 24/6/2015, under receipt no. 1780738, in accordance with the French Data Protection Act, law no. 78-17 of 6 January, 1978.
The personal data gathered are those which are voluntarily transmitted to StudentBackr by the User. In particular, the User commits to provide personal data when registering on the Website (i.e., creating his StudentBackr Account) and to keep this information up to date. The data are protected by the password chosen by the User; they remain private and are not visible to other Users.
The User is free to subscribe or unsubscribe, as the case may be, while creating his StudentBackr Account or at any time thereafter, to/from the newsletter or promotional offers that StudentBackr sends via email.
The data collected regarding the Student Project Owner include, at a minimum: name, surname, email address, password, date of birth, sex, postal address, and telephone number.
The data collected regarding the Backer include, at a minimum: name, surname, email address, password, postal address, telephone number, and nature of the person registering (i.e., natural person or juridical person).
StudentBackr communicates to each Student Project Owner the amount of each Contribution received, as well as, when applicable, the Backers’ personal data that are strictly required for carrying out either the Student Project or the commitments of the Student Project Owner.
Pursuant to the French Data Protection Act, law no. 78-17 of 6 January, 1978, as amended, the User, with regard to his personal data, has a right to information and rights of opposition, access, and rectification. These rights can be exercised at any time by sending an email to firstname.lastname@example.org.
It is expressly noted that the potential gathering of information by other websites whose hyperlinks appear on the Website is not covered by these Terms.
Under the French Consumer Code, the User has a right of withdrawal from his contract.
This right of withdrawal may be exercised within 14 (fourteen) days starting from the date the User accepts these Terms, or, when applicable, any special terms that supplement these Terms.
In order to exercise his right of withdrawal, the User must notify StudentBackr of his decision to withdraw from the contract, within the aforementioned legal period, at email@example.com, using the standard form annexed hereto as an appendix.
Should StudentBackr not invoke the provisions of these Terms at any given moment, this does not imply a waiver on the part of StudentBackr to invoke them at a later time.
In the event that certain provisions of these Terms are declared invalid or partially invalid, whether by judicial decision or by a change in the law, all other clauses of these Terms shall retain their full force and effect.
As necessary, StudentBackr will replace any invalid provision with a valid and enforceable provision, or delete it. The same applies in the event that there should be a gap in the provisions of these Terms.
Notwithstanding the country in which the User utilizes the Website or Service, these Terms shall be exclusively governed by the laws of France.
In case of any litigation or dispute concerning the interpretation of these Terms, the original French version of StudentBackr Terms and Conditions will prevail over the present English translation.
Given the global nature of the Internet, the User must also comply with the applicable laws in the territory from which he accesses the Website or utilizes its Service.
Any User who wishes to exercise his right of withdrawal may use the following form, which is to be sent to firstname.lastname@example.org.
Attention: StudentBackr, email@example.com:
I hereby notify you of my withdrawal from the contract for the provision of the below services:
Initiated on: ………………………………………………………………………………………………………………………………………………
Customer's name: ……………………………………………………………………………………………………………………………………..
Customer's address: ………………………………………………………………………………………………………………………………….