General terms of service (GTS) - AkaStarter
|These GTS have been in effect since||01/03/2012
|They were last updated on||01/03/2012
The Company offers its technical system of crowdfunding to the Project Creators. The various parameters of the projects are selected by the Project Creators and are then approved by the Company.
The present general terms for usage of the site (“general terms”) describe the terms and conditions applicable to the access to the Services (“Services”) proposed on this Internet site (“Site”).
The terms listed below mean:
|Company||The S.A AKAMUSIC
||A third party using the Akamachine Services under its own identity in order to promote its own Projects.
||The Rewards are predefined by the Project Creator(s) and are presented on each Project’s dedicated page. They are mainly like "gifts", "bonus" .. excluding financial Rewards.
||Values allocated by the Project Creator(s) to a counterparty
||Time allotted for the Project’s duration. It is determined by the Project Creators.
||The objective is reached when the Project duration is over and the amount reached is a minimum of 100% (in this case, it can be more than 100%).
||Refers to the community site that is intended for Project Creators to promote their Projects, and for Funders to participate in them by buying Rewards on the Site.
||Any User of the Site, and of the websites associated with it.
||A registered User who may or may not be a Funder.
||Member(s) wishing to support one or several Projects proposed on the Sites and who also purchase at least one Counterparty.
||Any natural or legal person registered on the Site for the purpose of presenting and promoting one or more Projects to the Funders
||The Member / Funder’s personal page. This gives an idea / overview of this person’s personal details as well as the list of his/her participations in various Projects. This page can only be accessed by the Member / Funder, by means of a password and login.
||Every project placed online by the Project Creator(s) and published on the site in compliance with the general terms
The purpose of the general terms is to define the terms and conditions for the provision of the Company’s Services, such as:
- sales intermediation between Project creators and Funders via the Community financing Internet platform managed by the Company
- the management and administration of the registration of Members
- the management of purchase operations by the Rewards
4. PROVISION OF THE SERVICES
Ownership of the Site
4.1. The Site is the exclusive property of the Company.
4.2. In this regard, the Company reserves the right to modify, suspend or interrupt, at any time, any characteristics of the Site, including the availability of any functionality, database and/or content. The Company can also impose limits relative to certain characteristics and Services or limit your access to all or part of the Services, but without the company incurring any liability as a result.
4.3. The Company will not be held liable relative to you or to third parties for the termination or permanent or temporary suspension of all or part of the Site or of the Services. It cannot be held liable for the inability to access its Site or websites that are associated with it, irrespective of the reasons for this lack of accessibility. Moreover, with regard to the management of Projects, the parties agree that the Company will not be held liable for delays or non-compliance with the obligations indicated below, as a result of a case of force majeure or of a violation of the law by the Project Creator or by third parties, unless the production was delayed or not carried out after an action resulting from an intention or gross negligence of the Company.
4.4. The Company will make every effort to provide you with a regular service, but it cannot guarantee that the Site will be free of any defects or that the Services will be uninterrupted. Should a Defect arise, the Company will attempt to correct it within reasonable time limits. The Company will occasionally limit your access to the Site or Services in order to perform corrections, maintenance operations or to introduce new functionalities or services, and the Company will make every effort to keep these interruptions as short as possible.
Registration and identification of Members
4.5. The Member undertakes not to infringe upon intellectual property with regard to brands, trade names, registered trademarks, copyrights of the Company and notably the program and website, as well as to not distribute, modify, reproduce, or use the brands, plans / models and copyrights in any other manner. All brands and registered trademarks belonging to third parties are reserved.
4.6. The Member agrees to completely fill out the registration form. S/he is authorised to register only after having accepted the usage conditions. The Member guarantees that s/he is legally capable of entering into this contract and will compensate the Company for any claims emanating from third parties and resulting from a violation / deficiency with regard to any authorisation / capacity whatsoever.
The Member agrees to answer and provide the necessary documents for all questions that the Company can have with regard to any registration problems.
The Funder Member undertakes to pay the sum corresponding with the number of acquired Rewards plus the payment commissions indicated in the payment pages when purchasing Rewards. Payment can be made by one of the payment means selected by the Company and presented to Funders on the payment pages.
Protection of personal data
4.7. By registering as a member on the Site, you give your formal approval for the Company to process personal data that pertains to you, for purposes related primarily to the operation of the Site and of the AkaStarter Technical system. A second purpose is for the creation of a Members databank.
4.8. In compliance with the relevant legal provisions, you have, in your capacity as a member, the right to access, rectify and oppose the usage of your personal data as processed by the Company.
4.9. The Company can use and/or retain a file with your Registration data and/or another unique identifier, if relevant, in order to provide the Services and to facilitate their usage. Such personal information will be used or collected in the following cases: to facilitate the purchase of Rewards, for troubleshooting problems and technical or security questions, in order to detect and protect against errors and fraud, in order to ensure compliance with the General Terms or rules and regulations resulting from the applicable law, for any other internal purpose as well as for the internal purposes that will be indicated to the person in question at the time of the data collection.
4.10. The Company can anonymously place one or more “cookies” on the computer’s hard disk. A “cookie” is a block of data sent by your browser via a Web server and that is stored on the computer’s hard disk. These cookies include no information of a personal nature, or that could be used to identify the User. They simply allow the Company to constantly improve the Service proposed on the Site in terms of the access to content, recognition of the User when s/he connects to the Site, to facilitate the site’s management, and they can be used for statistical purposes (visited pages, consultation date and time, etc.).
The User is informed that s/he can oppose cookies being placed on the hard disk by using the appropriate procedure for his/her browser.
4.11. The Company can provide data relating to you (surname, first name, e-mail, login and address) to Project Creator(s) once the Objective has been reached, in order to allow the Project Creator(s) to send you the Rewards.
4.12. Should the Company be purchased by a third party or in case of a merger with a third party, or if we sell all or a substantial part of our assets, we reserve the right, in any event, to transfer and assign the information and content that we have received and collected from our Users, as a consequence of the merger, de-merger, acquisition, sale or any other takeover.
Liability resulting from the content
4.13. The Company cannot be held liable for and has no control over any third party content that can be accessed via the Site. Each party guarantees that it will compensate the other party against complaints initiated by a third party as a result of an inaccurate disclosure resulting from an error or serious misconduct on the part of the guarantor party, with regard to any service agreed within the present contract or the usage terms.
4.14. You agree not to use the Site in order to: (i) interfere with or disturb the Site or the servers or networks, or to violate the obligations, procedures, rules or regulations of the networks connected to the latter; (ii) gather or store data of a personal nature relating to other Users
4.15. In any event, we, our subsidiaries, partners, suppliers and their respective owners, our board members, managers, agents and employees cannot be held liable relative to you for any loss of profit, interruption of your commercial activity, loss of commercial information, decline of commercial activity, lost opportunity or any other financial loss, data loss or any direct or indirect damage, that originates with a contract, with a harmful event or other, as a result of or linked to the Site’s usage, or to the impossibility of using the Site.
4.16. You hereby agree to guarantee and exonerate and, at our request, to defend us and our partners (and their respective directors, board members and employees) against any loss, liability, damages, costs or expenses (including fees and expenses for lawyers within the limits of a reasonable amount) as a result of any complaint, proceedings or procedure initiated by a third party on the basis of a violation of a guarantee, disclosure, pact or obligation incumbent upon you in compliance with these General Terms. Any payment made as a consequence of an action for damages or of a complaint resulting in compensation in compliance with this paragraph, will have to be repaid to the Company and to its partners when first requested.
5. MAKING CONTACT
5.1. Each member can create a project using the Member/Funder record. Projects related pages mention the various production parameters of these special projects, Rewards, time ....).
5.2. The necessary amount for the Project’s financing is one of the parameters selected by the Project Creator, on the basis of a provisional budget related to the envisaged type of Project. The various parameters of the Project will be subject to prior approval and discretion of the Company by the Project founder. The Company undertakes to notify its response in this regard within 5 days upon receipt of the various parameters of production / farm.
5.3. The Funder will itself decide whether or not it wishes to purchase a Counterparty for one or more Project(s) published on the Site. The Funder can be limited with regard to the total amount of Rewards that it purchases relative to one or more Projects.
5.4. The Objective will be reached when the Project duration is completed and the attained amount is at least 100%.
6. COLLECTION AND TRACKING SERVICE
6.1. The Project Creators offer their Projects on the Site. They determine the amount of the Objective, the duration, the Rewards with their contributions. On the basis of this information, the Funders can purchase Rewards via the secure payment system set up by the Company. The amounts are directly transferred to the A.S.B.L Akaproducers (cf. point 7.1. below).
The Funders can freely choose the amount and allocation of their investment.
It is stipulated that the contribution of amounts by the Funders cannot be interpreted as establishing any kind of contractual link between the Funders and the Company, with the Project Creator being solely responsible for its relations with Funders within the framework of a Project’s promotion and performance.
Accordingly, the obligations assumed within the framework of these presents are exclusively the Site’s obligations relative to the Funder, and the latter cannot seek the Company’s contractual liability in the event that the Project Creators fail to meet their obligations.
6.2. If the goal is not reached within the allotted time, the Participants will be credited on their dedicated account, the amount invested. They can then either request a refund on their bank account or participate in other projects using the dedicated account balances.
6.3. Insofar as the Goal is reached, the association Akaproducers sends 90% (ninety percent) of the amounts collected, by the intermediation of the site, to the Project Creator which will make the appropriate use. The 10% (ten percent) remaining consistent with the sucess fee of the Company. Then the Projects Creators are responsible to send their rewards to Participants.
6.4. The Company undertakes to inform each Project Creator of the details of each amount generated for its benefit, the payment date and, if relevant, the personal data of the Funder within the limit of the strict necessity for the Project’s realisation, in compliance with these presents. During the collection of the Contributions for the Projects proposed by the Site, the Funders and the Project Creators can monitor the progress of the collected amounts for each supported Project, within their Customised Area.
6.5. The Funder will have the right to retract the amounts collected via the Site in the event of the Project’s modification during the period in which contributions are collected. After this time, the amount will be considered as definitively allocated to the Project.
In case of the Project’s cancellation during the period for the collection of the amounts, the amount will be considered as cancelled. The Funders will then be reimbursed into their AkaStarter accounts.
The Project Creator will inform the Company and the Funders in case of the Project’s cancellation during its realisation, while indicating the cause for this cancellation. The Company will reimburse the Contributions into each Funder’s AkaStarter account.
6.6. It is up to each Member to pay all applicable or associated taxes, whether on the amounts collected via the Site in their capacity as Project Creators, or on the amounts provided by the Funders as a support for the Project.
6.7. At any time, and provided that the “Funder’s Balance” has a value of more than €5, the Funder can withdraw money from his/her accounts and transfer it to a personal bank account. A Funder can withdraw money by clicking on the “request a reimbursement” button found on his/her overview page. The charge for each withdrawal is €1. The money will be transferred within 2 weeks of the request.
7. THE COMPANY’S LIABILITY WITH REGARD TO THE MANAGEMENT OF FUNDS
7.1. The Company agrees to manage, separately from its own assets, all payments received from investing websurfers, until such time as the Objective is reached. To this end, the ASBL AKAPRODUCERS has set up a dedicated bank account for the custody and administrative management, under the supervision of the Commission Bancaire Financière et des Assurances (CBFA). The CBFA is the autonomous regulatory authority for the financial and insurance markets in Belgium.
8. VALIDITY AND TERMINATION
8.1. The Company has the right to terminate the present contract without notice or warning:
- When the Member does not fill out the registration form “sincerely and in good faith”;
- When the Member defaults despite a warning, and s/he does not remedy the “problem” within an appropriate timeframe;
- And for significant reasons, most notably in case of violation of the contract or the usage conditions.
8.2. Should the contract be terminated before the Objective is reached, the Funder has the right to be repaid the sum that it paid into one or several Projects.
8.3. The Funders of Projects that have reached their Objectives must keep their accounts active in order to receive their possible earnings and other benefits.
9.1. The Website and the associated Services are provided by the SA AKAMUSIC (the “Company”), a limited company under Belgian law, the head office of which is at 1050 Brussels, rue Gachard, 88 and that is registered with the BCE under the n° 0895.810.737.
9.2. The usage of the Site and/or Services is formally dependent on the acceptance of the General Terms as presented above. By accessing the Site and using the Services, Users formally acknowledge that these General Terms are enforceable against them.
Users recognise and accept that the Company can modify these General Terms. In such cases, the date of the last version of the said General Terms is indicated above. By continuing to access the Site or using the Services, Uses accept to be bound by these reviewed and modified General Terms.
These general terms and the relations between the Company and the Users are governed exclusively by Belgian law, independently of any conflict-of-law rules. Users also agree that any difference of opinion regarding the interpretation and performance of these presents will be brought before the Brussels District Courts.
9.3. Should any of the provisions contained in the present General Terms be declared illegal, null and void or inapplicable for any other reason, then this provision will be deleted. This will not affect the validity and applicable nature of the other provisions, that will remain in effect. Moreover, without first obtaining the agreement of Users as to the identity of the assignee, the Company can assign its rights and conditions resulting from these General Terms.
9.4. Users accept to use the Services only for legal and legitimate purposes that are in compliance with these presents. The Company reserves the right to limit or terminate the access of Users to the Site, at any time and without notice, if the latter violate the present General Terms.
9.5. For any question regarding the Site and/or Services, the Users can make contact by e-mail sent to the following address firstname.lastname@example.org.