1. Terms of website use
2. Information about us
2.1. The Site is a site operated by kriticalmass Limited (we or us). We are registered in England and Wales under company number 7972231 and we have our registered office at: Innovations House, 19 Staple Gardens, Winchester, Hampshire SO23 8SR. Our main trading address is: Westbourne Studios (unit 024), 242 Acklam Road, London W10 5JJ.
2.2. By granting access to the Site, we provide a platform to introduce parties to each other to facilitate the promotion and realization of certain Projects loaded onto the Site through the provision of physical or non-physical resources (such as volunteers or “likes” on Facebook), promotion and/or the contribution of money the users of the Site (“Projects”). For the avoidance of doubt the Site does not intend to provide a means to transfer money, nor will it hold money with the objective of obtaining any financial reward, nor will it provide any such financial reward (e.g. interest) to any user of the Site..
2.3. We are a limited liability company.
3. Accessing the Site
3.1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
3.2. At our discretion, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.
3.4.2. Attempt to obtain passwords or other private information from other members including personally identifiable information;
3.4.3. Use the Site if you have previously been removed or banned by us;
3.4.4. Develop, distribute or use any software programs or other applications that allow the user to cheat or obtain an unintended advantage while using the Site.
3.5. You must be at least 18 years of age to access the Site. At our sole discretion, we may require proof that you meet this condition in connection with use of the Site. Failure to comply with this condition will result in the closing of your account and the automatic failure of any Project ongoing on your account, including the implicit loss of any money raised or help pledged through the Site.
3.6. You may be required to log into the Site using your social network details such as your Facebook account. By using your social network account to login to the Site, you affirmatively consent to our sharing of your actions and data with such social network. Where for example you are accessing the Site through Facebook, you must have a valid, active Facebook account to use and access the Site. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account or the Site and to ensure that you "log off" or exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
3.7. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
3.8. You further represent and warrant that all information you supply to us is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your rights to access the Site.
4. Intellectual property rights
4.1. We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2.1. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site.
4.2.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.2.3. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
4.2.4. You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us.
5. Reliance on information posted
5.1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
5.2. Further to the generality of the foregoing, details of any Projects, including expected results of such Projects are made available to users by us in good faith. We advise you to conduct your own due diligence on any Projects to which you are considering making a contribution, in order to ensure you understand the details of the Project, the rewards that may be available and the likelihood of its success.
6.1. Each Project shall promote itself, with a view to reaching its goals for a specified period of time (the “Promotion Period”). At the end of a Promotion Period the Project shall either be successful or not, resulting in the outcomes as set out under clause 7.
7. Services provided by us
7.1. We shall run a facility for each Project whereby the Project is made available across certain social networks, which may include Facebook, Twitter, LinkedIn etc., with the ability for users to contribute money in, pledge assistance to, support or promote a Project. This is achieved as follows:
7.1.1. A publisher will be able to publish his Project on the Site (a ”Publisher”) and request people to like, promote, volunteer or sponsor his Project. Promoters will be asked to promote a Project to their social network (“Promoter”), no monetary incentive will be paid to Promoters. Volunteers will volunteer help to a Project (“Volunteers”), the terms of which will be agreed between the Volunteer and the Publisher. Sponsors will contribute money towards the success of the Project (“Sponsors”); they will be able to choose to sponsor the Project in return for a reward as set out by the Publisher, or for no reward.
7.1.2. Non-charity Projects require the Publisher to set a goal to be reached for the Project (the “KM Target”). When a KM Target is reached the related Project will be considered successful and the Project completed. The KM Target will be defined by the Publisher and will be either in “Likes”, Volunteers, Promoters or amounts contributed by Sponsors; where a fundraising amount is specified, this amount will automatically become the KM Target. The Publisher will have to set a Project duration, of a maximum length of 3 months from Project publication, within which to achieve the KM Target. If the KM Target is not reached by the deadline the Project will fail.
7.1.3 Under application, and further to additional verification, the Publisher may apply for Flexible Funding for a Non-charity Project that furthers a social cause. If accepted, the Non-charity Project will not be accountable to the KM target mechanism specified in section 7.1.2, and such will be indicated upon the Project page. Upon reaching the deadline, as set by the Publisher, any money raised by the Project will be transferred to the Publisher regardless of whether the goal set has been reached. Applications will be considered on a project-by-project basis, and are subject to strict verification prior to approval.
7.1.4. Charity Projects & Fundraisers will be able to set goals in line with their requirements, but will not be accountable to the KM target mechanism specified in section 7.1.2. Upon reaching the deadline, as set by the Publisher, any money raised by the Project will be transferred to the assigned Registered Charity regardless of whether the goal set has been reached.
7.1.5. When Sponsors sponsor a Project, the amount of the sponsorship will be charged by PayPal account, or credit card through the PayPal system (either as PayPal member or pay as guest option). The monies will be stored on an account managed by us and if the Project reaches the relevant KM Target by the deadline, such monies will be transferred to the Publisher’s account. If the KM Target is not reached then, except in the case of charity Projects, the amount raised will be refunded to the Sponsor’s account through the same system as it was charged, within 30 days from the Project deadline.
7.1.6. A Publisher may provide non-monetary, non-equity incentives to encourage users to contribute to a Project (“Rewards”) as defined below. Such rewards shall be subject to the restrictions as set out under clause 8.3.
7.2. Data collected by us in relation to Projects shall be kept secure by the implementation of appropriate physical, electronic and procedural safeguards to avoid unauthorised access or disclosure, accidental loss, use, alteration or destruction of such information.
7.3 Gift Aid (in relation to UK Tax Payers)
7.3.1. When you donate to a charity or certain Community Amateur Sports Clubs ("CASCs") on the Site and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, we shall pass on such information so as to enable the charity or CASC, as the case may be, to reclaim Gift Aid under the UK government's Gift Aid scheme.
7.3.2 You shall be responsible for ensuring that any information you enter in relation to your status as a UK taxpayer is true and up to date.
7.3.3 If your Project is able to benefit from Gift Aid, it is entirely your responsibility to ensure that any Gift Aid you claim under the Gift Aid scheme is done so in accordance with all appropriate rules and regulations. We exclude all liability for any Gift Aid that remains unclaimed, or that is not capable of being claimed.
8. Accessing the Site as a Publisher
8.1. By accepting these terms in accordance with clause 1.1, you agree:
8.1.1. To ensure you own or have a legal right to use any content you upload onto the Site and otherwise do not infringe any intellectual property rights of any third parties.
8.1.2. By posting any content onto the Site, you hereby grant, and you represent and warrant that you have a right to grant to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to display, use, reproduce, modify, translate, distribute and make derivative works of all such content, in whole or in part, and in any form, media or technology.
8.2. You should provide sufficient details of your Project to enable a user to reasonably decide whether or not they wish to contribute to your Project, either in terms of money or otherwise.
8.3. You may provide Rewards, although such incentives must not take the form of money, or regulated financial instruments such as the distribution of equity (share capital), as set out under The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
8.4. In order to facilitate any payment/contribution process, we may require certain payment information from you.
8.5. Where Rewards are to be provided:
8.5.1. Such Rewards must be lawful and not breach any terms as set out herein;
8.5.2. You must provide appropriate information and respond to reasonable requests for further information about the Rewards;
8.5.3. Promises to provide Rewards may constitute a binding legal agreement between you and the relevant Promoter, Volunteer, or Sponsor, for which we exclude all liability and responsibility.
8.5.4. We appreciate that minor changes to your Project may be required, although these should not change the fundamental nature of your Project.
8.5.5. Once Rewards have been made public, you should not change such Rewards unless you have no alternative but do so and any such replacement should be as close to the original as possible.
9. Accessing the Site other than as a Publisher
9.1. By accepting these terms, which you will be deemed to have done each time you use the Site, you agree:
9.1.1. Where a Publisher has agreed to provide Rewards in return for your contribution, a binding legal agreement may be formed between you and such Publisher, for which we exclude all liability and responsibility.
9.1.2. We take no liability or responsibility in any way for Rewards or the failure of a Publisher to provide them. Should you have any concerns about such Rewards, you should contact the Publisher directly.
10. Accessing the Site as a Charity
10.1. By accepting these terms, which you will be deemed to have done each time you use the Site, you agree to:
10.1.1. Ensure that the content supplied by you to kriticalmass for display on the Website or associated services will not be in violation of any law or regulation or be defamatory, obscene or breach any intellectual property rights of a third party or breach any right or duty owed to a third party;
10.1.2 Provide written confirmation to kriticalmass of any donations that you permit kriticalmass to reimburse to the donor within 30 days of the donation. kriticalmass will not permit refunds without prior written consent from the Charity, unless required by applicable local laws;
10.1.3 Subject to local applicable laws, permit kriticalmass to deduct such refunds from subsequent donations. Should no donations arise within one (1) week of the refund kriticalmass reserves the right to invoice the Charity for the refunds, and the Charity agrees to settle that invoice within one (1) month of the invoice date;
10.1.5 Maintain the necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for kriticalmass and its Users to fundraise on your behalf) in accordance with applicable local laws and if kriticalmass needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to kriticalmass, provide all such assistance as kriticalmass reasonably requires to assist kriticalmass with the same. The Charity agrees that it shall inform kriticalmass immediately if, for any reason, it ceases to maintain the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
11.1. Details of the fees we charge in relation to the Services can be found in our FAQs section. Should you require further clarification, please contact us at email@example.com.
12. Our site changes regularly
12.1. We aim to update the Site regularly, and may change the content at any time, or add or take away certain services.
12.2. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
13. No Warranty
13.2. The services provided through the Site are provided to you on an “as is” and “as available” basis and we do not give any additional warranties or conditions whether express or implied by statute, common law or otherwise in connection with the Site or your use thereof. Furthermore, we do NOT WARRANT THAT (i) CONTENT on the site IS ACCURATE, RELIABLE OR CORRECT; (ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; (iii) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (v) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICES OR PERKS TO MEET YOUR EXPECTATIONS. We are NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
13.3. Furthermore we give no warranty, assurance or recommendation as to the likelihood of success of any Project, or as to any Rewards that may be offered by a Promoter from time to time.
13.4. Except for the warranties stated above, we make and you receive no warranties, express, implied, statutory or allegedly extended in any communication. We also specifically disclaim any implied warranty of merchantability, satisfactory quality or fitness for a particular purpose. You understand that Licensor is not responsible for and shall have no liability for hardware, software or other items or any services provided by any parties other then the Licensor.
14.1. You agree to indemnify and hold us harmless from and against any and all losses, claims, damages or liabilities (including reasonable legal fees & expenses) to which we may become subject and which are in any way related to or which have arisen under or in connection with any use by you of the Site not specifically permitted hereunder or any other noncompliance by you with the terms hereunder, your negligence, breach of any of the representations, warranties or promises or breach of any law or regulation.
15. Limitation of Liability
15.1. ACCESS TO THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT GIVE ANY ADDITIONAL WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH SUCH ACCESS.
15.2. WE TAKE NO RESPONSIBILITY FOR AND ACCEPT NO LIABILITY FOR ANY LOSSES YOU MAY INCUR DUE TO THIRD PARTIES, SUCH AS, BUT NOT LIMITED TO, THIRD PARTY PAYMENT SYSTEMS. YOU ARE ADVISED TO MAKE YOUR OWN ENQUIRIES AS TO THE SUITABILITY OF ANY PAYMENT OPTIONS OFFERED.
15.3. EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR DAMAGE TO PHYSICAL PROPERTY AS A RESULT OF OUR OWN NEGLIGENCE OF WILFUL DEFAULT, OUR MAXIMUM LIABILITY FOR ANY LOSS SUFFERED BY YOU, WHETHER DIRECT OR OTHERWISE, INCLUDING FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, AND ANY OTHER FORM OF CONSEQUENTIAL LOSS, SHALL BE LIMITED TO THE AMOUNT, IF ANY, WE HAVE RECEIVED FROM YOU IN RELATION TO YOUR USE OF THE SITE DURING THE PRECEDING 12 MONTH PERIOD PRIOR TO THE LOSS IN QUESTION.
16. Our liability
16.1. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by applicable law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
16.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for our own fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
16.3. Should your local jurisdiction not permit you to use the facilities herein, we exclude any liability that may arise as a result thereof and urge you to ensure that you are comfortable with any use of our Site. We shall not be liable for any losses you may suffer, including damages, costs (including legal costs and regulatory fines).
17. Information about you and your visits to the Site
18. Uploading material to the Site
18.1. Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
18.2. Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
18.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
18.4. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
19. Viruses, hacking and other offences
19.1. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
19.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
19.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
20. Linking to the Site
20.1. You may link to our home page, or the area of the Site containing your Project or Account Page, where applicable, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
20.2. You must not establish a link from any website that is not owned by you.
20.3. Our Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page, or the area of the Site containing your Project, where applicable. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
20.4. If you wish to make any use of material on the Site other than that set out above, please address your request to firstname.lastname@example.org.
21. Links from the Site
21.1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
21.2. Notwithstanding the generality of clause 21.1, we urge you to ensure you are familiar with the terms and conditions as set out under any third party platform, such as Facebook, through which you access the Site.
22.1. Notifications shall be made by email.
22.2. All notices given by you to us must be given to email@example.com. We may give notice to you by email at an address you have provided to us. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that such an email was sent to the specified e-mail address of the addressee. Non service to the backup email address shall not invalidate a notice.
23. Jurisdiction and applicable law
23.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
23.3. Where you have accessed the Site from outside the United Kingdom, you do so at your own risk and we therefore strongly advise you to ensure that you are not in breach of any local laws or regulations.
23.4. Notwithstanding the aforementioned, you shall be subject to the laws applicable to the geographic location in which you reside and/or from where you access the Site and you are solely responsible for obeying such laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your use or access of the Site. We make no representations or warranties, implicit or explicit, as to your legal right to access or participate with the services made available on the Site nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
25. Your concerns
If you have any concerns about material which appears on the Site, please contact firstname.lastname@example.org.
Thank you for visiting the Site.
Last updated November 2014