Crowdfunding – Terms & Conditions
These Terms of Use and Conditions govern your use of Women’s Business Centre Crowdfunding and apply in addition to the general Terms and Conditions for the Women’s Business Centre.
Date of posting: 01 / 11 / 2023
A. Introduction
This section contains information about our website and the fundraising platform we provide. It also explains how to access and register with the website and provides links to our policies and guidelines. These apply to your use of this website including the types of content you are permitted to post, the types of campaigns and related rewards we permit you to offer and what we do with any personal information we collect as you use this website.
Please note that we do not offer regulated investments through the platform. Therefore we are not authorised or regulated by the Financial Conduct Authority. As with all rewards-based crowdfunding, there is no recourse to either the Financial Ombudsman Service or the Financial Services Compensation Scheme.
1.1 These are the terms and conditions (the “Terms and Conditions”) which apply to the use of Women’s Business Centre Crowdfunding (this “Site”).
In these Terms and Conditions, references to “we”, “us” and “our” are to the Women’s Business Centre. The Women’s Business Centre is delivered by Women’s Enterprise Scotland (CIC) a not-for-profit organisation, constituted as a Community Interest Company trading as Women’s Enterprise Scotland (WES).
1.2 Use of this Site is subject to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must cease use of this Site immediately. We reserve the right to change these Terms and Conditions from time to time at our discretion, including (though not only) in response to any changes in law that may apply to our operations. However, any amended version of these Terms and Conditions will only apply after we have published that amended version on this Site.
1.3 Definitions:
We refer to Women’s Business Centre Members (as defined below) that are seeking to raise funds and offer Rewards for doing so as “Campaign Owners”, their fundraising campaigns as “Campaigns”, the aims of a campaign as its “Funding Goal”, those who support those Campaigns by contributing funds as “Backers” or “Contributors”, their contributions as “Contributions” or “Donations”, the minimum total value of Contributions sought by a Campaign Owner for a particular Campaign as the “Funding Goal”, the maximum period for which Contributions can be made for a Campaign as the “Fundraising Period” and the total value of Contributions (excluding cancelled Contributions) that a Campaign has received at the end of the Fundraising Period as “Funds Raised”. Women’s Business Centre Members and other visitors to womensbusinesscentre.com are referred to as “Users” or “you”, as applicable.
1.4 We provide a platform for individuals and organisations registered with womensbusinesscentre.com (“Women’s Business Centre Members”) to raise funds for Campaigns that benefit their businesses.
The platform allows Campaign Owners to offer items, services or experiences (“Rewards”) as ‘thank you’ gifts for this support.
1.5 These Terms and Conditions are organised into 4 sections. Those in this Section A and in Section D apply to all Users, whether Women’s Business Centre Members or those just visiting. Those in Section B apply specifically to Campaign Owners and Backers and those in Section C apply to all Women’s Business Centre Members. The terms and conditions are incorporated in the contract between us (collectively, the “Terms”) so please take the time to read them.
Please read these Terms carefully before you start to use womensbusinesscentre.com, as they will govern your use of womensbusinesscentre.com, the Campaigns and Rewards that you create and offer as a Campaign Owner and the Contributions you make as a Backer. We recommend that you print or save a copy of these Terms for future reference.
1.6 By using Womensbusinesscentre.com, you confirm that you accept these Terms and that you agree to comply with them. If you are using Womensbusinesscentre.com in connection with your organisation, the terms ‘you’, ‘your’ or ‘your organisation’ in these Terms are also a reference to the business, charity institution or other organisation or entity (“Business”) on whose behalf you act when using, registering, backing or creating a Campaign on Womensbusinesscentre.com. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to Womensbusinesscentre.com or interact with its users.
1.7 If you have any queries or concerns regarding these Terms, please contact us using the details in paragraph 11 of Section C, Contact us below.
- Accessing and using Womensbusinesscentre.com
2.1 Anyone can access Womensbusinesscentre.com. However, to add a Campaign and become a Campaign Owner you will need to register as a Women’s Business Centre Member by signing up and creating an account. For that purpose, you must be at least 18 years of age. To create an account, please go to the Sign Up page. To receive funds raised from Campaigns, Campaign Owners must have a UK bank account. To make a Contribution, Backers/Contributors will require a valid payment method acceptable to us.
2.2 You are not eligible to use Womensbusinesscentre.com if we have temporarily suspended or previously terminated your access to Womensbusinesscentre.com and we have not expressly authorised you in writing to resume using Womensbusinesscentre.com.
2.3 We try to make Womensbusinesscentre.com available at all times, but, of course, we cannot guarantee this. Please see further paragraph 4 of Section D, Promises, liability and disclaimer regarding the availability of Womensbusinesscentre.com.
- Your privacy
3.1 We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.
- Account registration
4.1 You can sign up and create your account on the Sign Up page.
4.2 You must make sure that all the information you provide when you register with Womensbusinesscentre.com is true, accurate and current and complete.
4.3 If you change any of your registration details (e.g. email address, business name), you must update your account.
4.4 To help us maintain the security of Womensbusinesscentre.com, you, and any person with whom you share your login details, must keep your login details confidential. Please do not share your login details with any person you do not know and trust or that is not involved in your Campaign (nor leave your device unattended whilst logged into Womensbusinesscentre.com) as you will be held responsible for all activities that occur on your account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
4.5 In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to Womensbusinesscentre.com and/or to any content made available on Womensbusinesscentre.com.
4.6 You can request deletion of your account at any time as long as you do not have any active Campaigns. Please email us to request deletion of your account.
4.7 We reserve the right to delete your account at any time.
B. Creating Campaigns, offering rewards and making Contributions
This section sets out the terms that apply to the Campaigns that you create and the rewards you offer or the Contributions or other contributions you make in support of Campaigns.
- Our role
1.1 What we do
1.1.1 We provide a platform through which Women’s Business Centre Members can raise finance for their Businesses and offer Rewards, and where users can support those Campaigns by making Contributions and receiving Rewards. By providing this platform, together with crowdfunding training and information, we facilitate agreement between Campaign Owners and Backers for Rewards, subject always to these Terms; that we put in place to act as safeguards for the benefit of all Women’s Business Centre Members and users.
1.1.2 Although we may from time to time agree to promote and advertise certain Campaigns or help to raise awareness of their Campaign Goals, we will not be involved in the management of or use of Contributions/Contributions in relation to a Campaign nor will we directly offer or fulfil Rewards ourselves.
1.2 What we don’t do
1.2.1 We do not accept any responsibility for the nature or quality of any Rewards, nor do we promise that any Campaign Owners will do as they promise. The arrangements you make are solely private and the contracts relating to Rewards are made directly between the individual parties concerned.
1.2.2 We do not verify the identity of anyone who becomes a Women’s Business Centre Member nor the information they provide about their Campaigns, the Rewards offered or themselves. We cannot therefore give any guarantee that any of the Women’s Business Centre Members are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any Women’s Business Centre Members or their Campaigns.
- Campaign Owners
2.1 Creating and updating Campaigns
2.1.1 Once you have registered as a Women’s Business Centre Member, you can create and add details of your Campaign to a publicly accessible webpage on Womensbusinesscentre.com (“Campaign Page”) using the functionality we provide.
2.1.2 We have specific rules regarding the types of Campaigns that you can add to the Site. Please see our Guidelines which contain these rules and form part of our Terms.
2.1.3 You may not raise funds via another online crowdfunding or similar platform (whether website or app) during the Funding Period of your Campaign and all Contributions to Campaigns must be made through Womensbusinesscentre.com. Otherwise, unless we specifically agree an exclusive arrangement with you in writing, you are not obliged to raise funds for your Campaign exclusively via Womensbusinesscentre.com which means you are free to raise funds using other means and channels and source of finance.
2.1.4 Although we recommend you have no more than one active Campaigns at any one time, we permit you to add as many active Campaigns as you like.
2.1.5 There is a limit on the Funding Goal you select for each Project of £25,000. If you are a Business that is registered for VAT, please take this into account when calculating the Funding Goal for your Project. If you want to set a higher Funding Goal, please contact us.
2.1.6 Your Campaign is ‘Keep What You Raise’ – we will distribute funds to you at the end of the Fundraising Period regardless whether any Fundraising Goal has been reached.
2.1.7 The minimum Fundraising Period that you can choose for your Project is 28 days and the maximum is 6 weeks. If you want to set a different Fundraising Period, please contact us.
2.1.8 We use a payment processor, Stripe Inc, to process Contributions to your Campaign.
2.1.9 Your Campaign may take up to 5 working days before it goes live and your Campaign Page is made available on Womensbusinesscentre.com. From time to time, we may provide support and guidance relating to your Campaign, to help think of ideas for Rewards and offer tips for marketing and PR. Please note that we provide general guidance and information only and we will not be liable to you in connection with the Campaign Goal, any Campaign Rewards and/or performance, promotion and marketing of your Campaign, which all remain solely your responsibility.
2.1.10 Once you have submitted your Campaign details for posting you cannot change its Campaign Goal, the Funding Goal or the Fundraising Period. You can however change the Rewards for your Project provided that you have not received any Contributions.
2.1.11 You may post content and other material (e.g. promotional material such as a video) and post Campaign updates to keep Backers updated on the performance of your Campaign. Please see further paragraph 1 of Section C, About the content you and others provide to Womensbusinesscentre.com, for the rules relating to the content you post on Womensbusinesscentre.com.
2.1. You may withdraw a Campaign at any point before the end of the Fundraising Period. Please contact us to withdraw your Campaign. Once you have done so, you will be entitled to receive funds from any Contributions at the time you withdraw following us carrying out checks on Contributions made to your Campaign.
2.1.13 We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us.
In particular, Campaigns or Contributions that are flagged to us as fraudulent by users or our third-party payment providers will be subject to review. If we find fraudulent Contributions have been made to your Campaign, we will cancel those Contributions and remove the details of the associated Backer from your Campaign Page. If, in our sole discretion, we determine your Campaign to be a fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph 2.1.13. We reserve the right to pass on the cost of chargebacks to you.
2.1.14 We reserve the right, but are not obliged to, and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason.
2.1.15 We do not provide funds for Campaigns and/or offer Rewards. All funds for Campaigns are made by Backers/Contributors to Campaign Owners. We do not stand to benefit personally as to the outcome of any Campaign nor do we seek to control Campaigns or their outcomes.
2.1.16 If your Campaign is raising funds for a charitable, benevolent or philanthropic purposes you must adhere to the relevant sections of The Fundraising Code.
2.2 Offering Rewards
2.2.1 We have specific rules regarding the types of Rewards that you can offer to Backers on Womensbusinesscentre.com. Please see our Campaigns and Rewards Guidelines in this Section B which contain these rules and form part of our Terms.
2.2.2 You can choose whether or not to limit the number of Rewards you offer for each Contribution amount.
2.2.3 You must have all the permissions, consents and licences that are necessary to offer all Rewards relating to your Campaign before you offer them on your Campaign Page.
2.3 Fees payable by Campaign Owners and receiving funds
2.3.1 A fee of £95 is payable to access training on crowdfunding including setting up a Campaign. A Campaign can only be set up once the training fee has been paid.
2.3.2 There is no charge for creating a Campaign and publishing details of the Campaign on Womensbusinesscentre.com nor are there any fees payable if the Fundraising Period for your Project ends without any distribution of funds to you.
2.3.3 Campaign Owners will be charged the Crowdfunding platform fees and the transaction fees set out in this Section B unless otherwise agreed. This Section B forms part of our Terms. These fees will be deducted from the Contributions we receive for your Campaign before they are distributed to you.
A fee of 5% is charged on all Contributions, plus the Stripe processing fee (currently 1.5% plus 20p per transaction for UK card payments.)
2.3.4 All fees payable by Campaign Owners are subject to Value Added Tax (“VAT”) at the applicable rate in force from time to time. Please note that VAT is assessed on the above fees and not the Funds Raised raised, and you are solely responsible for ensuring that you are registered for VAT or similar sales tax as required by the applicable laws of the jurisdiction in which your Business is established.
2.3.5 The amounts due to Campaign Owners will be transferred at the end of the Fundraising Period, or sooner if the Campaign Owner chooses to close the Campaign before that period ends.
2.3.6 Please note that the above timescales are estimates only and there may be a delay between the end of the Campaign Period for a successful Campaign and your access to any funds. All amounts transferred from Contributions to Campaign Owners will be calculated in accordance with paragraph 2 of this Section B.
2.3.7 All fees payable to us, and any amounts payable by us to Campaign Owners, will be paid in British pounds sterling.
2.4 Contributions
2.4.1 Backers may fail to fulfil payment of Contributions and you acknowledge that their payment of Contributions is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Project Owner for their failure to receive any funds Contributed by Backers in relation to their Project(s) via Womensbusinesscentre.com.
2.4.2 In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Contributions or other amounts without giving any notice to you and do so without incurring any liability to you.
2.4.3 Campaign Owners may contact us to cancel any Contribution for any reason and at any time before the Campaign Period ends or the Campaign otherwise successfully closes and shall not be required to fulfil any related Rewards if they do so. After the Campaign Period has ended or the Campaign successfully closes and the amounts due from Contributions have been transferred to a Campaign Owner, that Campaign Owner will be responsible for refunding any amounts to Backers (see paragraph 2.6.1(i) of this Section B for further information).
2.4.4 Any amounts due from Contributions to your Campaign will be transferred to the Campaign Owner irrespective of your Campaign reaching its Fundraising Goal by the end of the Fundraising Period. If you have offered Rewards against the Contributions your Campaign has received, any distribution of amounts to you is made on condition that you fulfil those Rewards as soon as possible and within the timescale stated for the Reward on the Campaign page.
2.4.5 Contributions must be paid in the currencies displayed British pounds sterling. The minimum single Contribution amount is £10.
2.4.6 We are not financial, tax or accounting advisers and you should not rely on information in these Terms or that otherwise appears on womensbusinesscentre.com to determine the financial, tax or accounting treatment of any Contributions you receive using womensbusinesscentre.com. Please seek advice from an appropriately qualified professional if you are unsure in respect of any of these matters.
2.5 Communicating with Backers and Personal data we share with you relating to Backers
2.5.1 We may make available to you via your account or another part of Womensbusinesscentre.com details of each Backer that makes a Contribution to your Campaign which may include personal data relating to those Backers (including their name, email address, date and amount of their Contribution and any comments they make). You acknowledge that your processing of that personal data during and after the Campaign Period including during the course of your Campaign (e.g. to keep in contact with Backers about the progress of your Campaign and your achievements) is processing for which you determine the purpose and means, independently of us. As a result, for the purposes of data protection and privacy laws, you are a separate controller of that personal data when using it for your own purposes and shall ensure you comply with all such laws in relation to the use of that information. In particular, you shall ensure you do not contact individuals with any marketing materials without consent where such consent is required by law.
2.6 Campaign Owners’ Obligations
2.6.1 As a Campaign Owner, you shall:
(a) apply any funds you receive from Backers solely and directly for the purpose of achieving the Campaign Goals and for no other purposes;
(b) meet all commitments you make in your Campaign including, but not limited to, delivering all Rewards you offer to Backers;
(c) use all reasonable endeavours to fulfil each Reward by the estimated fulfilment or delivery date (as applicable) specified by you on the applicable Campaign Page.
(d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Backer;
(e) comply with all your obligations as a ‘controller’ of personal data under applicable data protection and privacy laws, including by providing appropriate privacy information to the Backers whose information you receive through Womensbusinesscentre.com;
(f) promptly contact and work with Backers to reach a mutually satisfactory resolution, which may include refunding their Contributions if you are unable to fulfil any of your commitments (including providing any Rewards);
(g) comply with all applicable laws and regulations in relation to your Campaign, your use of Contributions and your offer and fulfilment of Rewards;
(h) be responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of Womensbusinesscentre.com, the Contributions you receive and the Rewards you offer;
(i) where you have received any Contributions, be responsible for issuing any refund of Contributions to and responding to requests for refunds of Contributions from, Backers;
(j) not take any action or make any business or other decision in reliance on having your Campaign posted on Womensbusinesscentre.com or on having any funds from Contributions until you have the received clear funds into your bank account; and
(k) provide all assistance and co-operation required by us from time to time, including by providing copies of any records or information you hold, in particular in respect of any regulatory investigation, audit or enquiry.
- Backers
3.1 Types of contribution
3.1.1 Backers contribute to a Campaign by backing a Campaign.
3.1.2 You acknowledge that your contribution does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.
3.2 Making a Contribution
3.2.1 You can make a Contribution by visiting the Campaign Page of a Campaign, selecting the amount you wish to contribute and selecting Back Campaign, or selecting the Reward you would like to receive, and submitting payment.
3.2.2 Your name will be made publicly available in connection with each Campaign for which you make a Contribution under the ‘Backer List’ tab of the Campaign Page unless you choose to make a Contribution anonymously. If you do make an anonymous Contribution, although your details will not be published on Womensbusinesscentre.com, your details will still be shared with the relevant Campaign Owner.
3.3 Rewards
3.3.1 If you wish, you may make a Contribution without selecting to receive a Reward.
3.3.2 Once you have made a Contribution, you cannot change your selected Reward.
3.4 Payment
3.4.1 Once you have confirmed the amount you wish to Contribution, you will be prompted to pay via our third-party payment provider, Stripe Payments UK, Ltd (“Stripe”). Separate terms and conditions will apply to the provision of payment services and the payments you make using Stripe services. Any personal information you provide to Stripe will be processed in accordance with its privacy policies and not ours. Please see our Privacy Policy for further details regarding your personal information and the third-party service providers that we use.
3.4.2 We take your Contribution and hold it in a secure account. We are therefore responsible for distributing funds to Campaign Owners and for issuing refunds while the Campaign is open. Please see paragraph 3.6 in this Section B for further details on refunds.
3.5 Fees payable by Backers
3.5.1 No processing fees are payable in addition to your Contribution. However, the Campaign Owner may be charged fees on your Contribution. The details of the fees are set out on the fees page – in paragraph 2.3 of this Section B.
3.6 Cancelling a Contribution and Refunds
3.6.1 You may cancel a Contribution without charge at any time before the end of the Funding Period for a Campaign, whether it has reached its Fundraising Goal or not. If you do so, you will not be eligible to receive any Rewards in relation to your Contribution.
3.6.3 You may not cancel your Contribution once a Campaign’s Period has ended if at the end of the Campaign Period the Campaign is deemed funded. This does not affect your statutory or legal rights. Advice about these rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Please see further paragraph 4.1 of this Section B, The contract between Campaign Owners and Backers.
3.6.4 Once your Contribution has been distributed to a Campaign Owner, the Campaign Owner shall be solely responsible for issuing, and responding to requests for, any refunds of Contributions. We shall not be liable for any Campaigns Owners’ failure to issue any refunds of Contributions to you.
3.7 Backers’/Contributors’ Obligations
3.7.1 As a Backer, you shall:
(a) ensure that you have sufficient funds or credit available for payment of the Contribution;
(b) promptly respond to a Campaign Owner following a request for information reasonably required by the Campaign Owner to fulfil a Reward that you have chosen at the time you made your Contribution;
(c) comply with the terms and conditions for the payment processing services provided by our third-party payment providers (please see paragraph 3.4 in this Section B, Payment Methods, for further details regarding those providers and the applicable terms and conditions); and
(d) ensure that any funds used to make Contributions will not result in a breach of applicable law.
3.8.1 We are not financial, tax or accounting advisers and you should not rely on information in these Terms or otherwise on Womensbusinesscentre.com to determine the financial, tax or accounting treatment of any Contributions which you make using Womensbusinesscentre.com.
- Other important terms
4.1 The contract between Campaign Owners and Backers
4.1.1 The contract relating to the provision of funds from Contributions and the fulfilment of Rewards is made solely between a Campaign Owner and Backers, subject always to these Terms. By making a Contribution, a Backer is making an offer to enter into a contract with the applicable Campaign Owner.
4.1.2 The following steps have to take place before a contract is made between the Backer and the Campaign Owner:
(a) The Backer makes a Contribution by submitting their payment details for processing and clicking “Make Contribution”. Before making their Contribution, the Backer will have the opportunity to review the Contribution amount and any related Reward.
(b) the Backer will see an on-screen acknowledgement of their Contribution and receive an email confirming details of the Contribution made, to the email address provided by the Backer.
4.1.3 The Campaign Owner accepts the Backer’s offer, and a binding contract is made between them, at the time the Funding Period ends (or, if earlier, the Campaign Owner closes the Campaign).
4.2 Interest on Contributions
4.2.1 Any interest on Contributions or other funds held by us shall accrue to our benefit and neither Campaign Owners nor Backers shall be entitled to such interest in relation to distributed funds or refunded Contributions.
4.3 Publication and sharing of personal information relating to Backers with Campaign Owners
4.3.1 Unless you have selected the anonymous donation option, we publish the name of each Backer on the Campaign Page. We share these details and each Backer’s full name, email address and postal address with the applicable Campaign Owner for them to fulfil your Reward, if selected, and to contact you in relation to the Campaign. Please see our Privacy Policy for further details.
4.3.2 For some Rewards, a Campaign Owner may need further information from Backers, (e.g. clothing sizes), to enable the Campaign Owner to deliver certain Rewards. The Campaign Owner shall request such information directly from a Backer.
C. Terms for Women’s Business Centre Members and users
This section sets out the main terms of use for Womensbusinesscentre.com. It explains how to upload content, and provides the ground rules for contributing content. This section also describes what action we may take if any use of Womensbusinesscentre.com does not comply with our terms and conditions.
- About the content you and other Users provide to Womensbusinesscentre.com
1.1.1 The following rules apply to your use of Womensbusinesscentre.com:
(a) any content which you and other Users post or contribute to Womensbusinesscentre.com using its features (including content you upload to your Campaign Page, comments you make on Campaign Pages, internal messages and Campaign updates) is generally known as “user generated content” or “UGC” for short. Paragraphs 1.1.2 to 1.2.1 below in this Section C set out the rules for contributing content, how we and other Users may use your UGC and how you can use their UGC.
(b) we require that you abide by the guidelines set out in these rules:
1.1.2 You agree to ensure that:
(a) you only contribute UGC to Womensbusinesscentre.com if you know that you have the necessary rights to do so. By contributing UGC to Womensbusinesscentre.com, whether text, images, video, sound recordings or other material, you are promising to us and to other Users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Womensbusinesscentre.com in accordance with these Terms and permit its use via Womensbusinesscentre.com and in our newsletters and communications and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to Womensbusinesscentre.com.
(b) all information provided by you via Womensbusinesscentre.com or which you provide to other Users or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;
(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
(d) you will use Womensbusinesscentre.com and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via Womensbusinesscentre.com or disclose or use any contact information that they may provide to you without their consent;
(f) you will cease to contact anyone that you have contacted via Womensbusinesscentre.com immediately if they request you to do so; and
(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through Womensbusinesscentre.com and to permit use of such content and image by any third parties we may authorise under these Terms.
1.1.3 You may not:
(a) distribute or post spam, in particular by sending unsolicited marketing messages to other Users, or distribute or post chain letters, unsolicited loans (Womensbusinesscentre.com strongly recommends that you do not make contact with Users offering you unsolicited loans. Womensbusinesscentre.com cannot be liable for any losses incurred if you choose to ignore this advice) or pyramid schemes;
(b) distribute viruses or any other technologies that may harm Womensbusinesscentre.com or the interests of Users of Womensbusinesscentre.com or otherwise interfere with or disrupt our servers;
(c) post or transmit any advertisements for or solicitations of business;
(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
(e) except as permitted under these Terms, copy, modify, or distribute our content or trademarks from Womensbusinesscentre.com or Users’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
(f) harvest or otherwise collect or use information about Users without their explicit consent;
(g) impersonate another User or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Users;
(i) continue to use Womensbusinesscentre.com if your access to Womensbusinesscentre.com has been suspended or your account terminated;
(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying Womensbusinesscentre.com, or which, in our judgment, exposes us to any liability or detriment of any type; or
(k) upload, post or publish to Womensbusinesscentre.com or otherwise provide to us any personal data about children (i.e. individuals under 16) or ’special category’ or criminal conviction data.
1.1.4 Please note that any posting of information or sending of internal messages on or via Womensbusinesscentre.com is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
1.2 Who can use your UGC and how they can use it
1.2.1 When you contribute UGC to Womensbusinesscentre.com:
(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;
make all or any part of your UGC available through Womensbusinesscentre.com to other Users of Womensbusinesscentre.com;
include certain UGC in our newsletters and communications;
allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and
allow third parties to link to pages on Womensbusinesscentre.com which contain your UGC.
(b) you are granting to every other user of Womensbusinesscentre.com unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph 1 of Section D below,
Our content
1.2.2 You (or, where applicable, your licensors) will retain all intellectual property rights in the UGC you contribute to Womensbusinesscentre.com and nothing in these Terms shall assign or otherwise transfer any ownership of any such rights in or to your UGC.
1.3 Monitoring your UGC
1.3.1 We may (but are not obliged to) monitor the use of the Site from time to time however we still rely on you to inform us of any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in or via our communication systems or if you believe any infringement of your rights may have occurred through Womensbusinesscentre.com please contact us.
1.3.2 We are not involved in any arrangements made between Users. Any postings on Womensbusinesscentre.com and the uploading of any photos, pictures, videos, animations or other audio-visual material to Womensbusinesscentre.com by Users does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact Women’s Business Centre if you have any concerns about the content of any information seen on the website.
1.3.3 Please note that any information posted via the functionality available on Womensbusinesscentre.com is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.
- Exchanging personal information with other Users
2.1 Disclosing personal information
2.1.1 Please be careful when using Womensbusinesscentre.com and any facilities that you do not reveal any information from which you can be personally identified by other Users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
2.2 Receiving personal information
2.2.1 If you wish to make a complaint about any issue regarding personal information please send an email to us. For more information on how we handle complaints, please see paragraph 7 of Section D below.
- Misuse of Womensbusinesscentre.com
3.1 We reserve the right (but we are not obliged) to do any or all of the following:
record the content (including any communications), held on the Womensbusinesscentre.com community or in our communication systems;
investigate a claim that any one or more items of content do not comply with the rules set out under paragraph 1 of this Section C, about content you and others provide to Womensbusinesscentre.com, and determine in our sole discretion to remove or request the removal of the content;
remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
terminate a user’s access to post content;
monitor, edit, or disclose any content;
edit or remove any content posted on Womensbusinesscentre.com, regardless of whether such content breaches these Terms;
suspend or terminate your access to Womensbusinesscentre.com.
3.2 If you disagree with a decision made by us, you should email your appeal to us. You must not use the facilities to dispute or argue about any decision we make.
3.3 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all User accounts that may have been used by a User.
- Disputes between Users
4.1 We are under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of Womensbusinesscentre.com. This includes, but is not limited to, the fulfilment of Rewards or other commitments and services, and any other terms, conditions, warranties, or representations associated with Campaigns. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.
4.2 We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another User.
D. General provisions
This section sets out the terms that apply to everyone who uses Women’s Business Centre Crowdfunding (Site).
- Our content
1.1 All of the content on the Site is owned by (and all copyright, trademark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
1.2 Our content includes any information or other material found on or via the Site, including without limitation text, databases, graphics, videos, software and all other features found on or via the Site.
1.3 We make the Site, our content and any UGC available through the Site for your personal, non-commercial use only (please see paragraph 1 of Section C, about the content you and others provide to the Site for further details about the UGC that we make available through Womensbusinesscentre.com). You may view the Site pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site without our prior written consent.
1.4 To be clear, you are not in any circumstances permitted to:
1.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign on the Campaign Page and/or your Business (if applicable);
1.4.2 edit any such content; or
1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
1.5 The trademarks, logos and brands appearing on the Site are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
- Third-party software
2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on the Site. This software will be clearly identified on the Site.
2.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
- Links
3.1 You acknowledge that the Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.4 If you use any linked websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.
3.5 You may only link to the Site provided that:
3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree; and
3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
3.6 We reserve the right to withdraw linking permission to any time without prior notice.
- Promises, liability and disclaimer
4.1 We promise that we will operate the Site with reasonable skill and care. Otherwise, the content and services available on Womensbusinesscentre.com are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this paragraph 4.1 and paragraph 4.3 of this Section D, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:
4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete.
4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto the Site.
4.1.3 Any posting of comments or information on the Site is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of our third party payment processing services.
4.1.5 You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on Womensbusinesscentre.com or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
4.1.6 By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of Womensbusinesscentre.com, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
- a) We do not make any promises about the availability or accessibility of com or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
- b) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on com and we strongly recommend that you do so;
- c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
- d) Whilst we hope that you will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2 If you are dealing with us and Campaign Owners as a User, you have certain rights, including in relation to the Rewards that you receive from Campaign Owners. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
4.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
4.3.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
4.3.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 9.3 of this Section D).
4.5 Subject to paragraph 4.3 of this Section D:
4.5.1 IF YOU ARE A USER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
4.5.2 IF YOU ARE A CAMPAIGN OWNER THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
(a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR
(b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,
IN EACH CASE FOR (a) AND (b), HOWEVER ARISING; AND
(c) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE CAMPAIGN TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF £100.
- Indemnity
5.1 You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to Womensbusinesscentre.com or any actions you take which disrupt access to and/or the functioning of Womensbusinesscentre.com) or any liability we incur as a result of the use of Womensbusinesscentre.com by you and any other person that uses your account with your permission or as a result of your negligence.
- Copyright complaints
6.1 We respect the intellectual property rights of others, and we prohibit Users of Womensbusinesscentre.com from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 11 of this Section D.
6.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Women’s Business Centre Members we determine to be repeat infringers of others’ copyrights. Please see paragraph 3 of Section C for further details.
6.4 Content hosted on third-party websites accessible from the Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
- Complaints about the Site and requests for further information
7.1 We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
7.2 If you have any general complaints about the Site or wish to request further information about Womensbusinesscentre.com, please contact us via email or by post to the address set out under paragraph 11 of this Section D, Contact us, and we will do our best to resolve these.
Any complaint made will be acknowledged within 2 working days of being received. We deal with all complaints promptly, fairly, and seriously and will investigate the matter fully. If the complaint concerns an individual at Women’s Business Centre, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 8 weeks of the complaint being received. As donations and rewards-based crowdfunding do not come within the jurisdiction of the Financial Ombudsman Service, you will not be able to refer your complaint to this body.
- Written communications
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Womensbusinesscentre.com. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- General
9.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
9.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
9.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
9.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
9.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
9.7 Exclusion of third-party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors.
9.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
9.9 Territory. The Site is controlled and operated from the United Kingdom. If you choose to access Womensbusinesscentre.com from outside the United Kingdom, we make no representation that the content and operation of the Site will comply with local laws.
9.10 Governing law and jurisdiction. Scots law shall apply to these Terms and Conditions, notwithstanding the jurisdiction where you are based. You irrevocably agree that the Scottish courts will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions, and for these purposes irrevocably submit all such disputes to the jurisdiction of the Scottish courts. The place of performance of the contract created by your use of this Site subject to these Terms and Conditions shall be Scotland. We make no representation and give no warranty that this Site, or any of the information available on it, complies with any laws other than Scots law.
- Changes to these Terms and to the Site
10.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on Womensbusinesscentre.com. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on Womensbusinesscentre.com, whichever is the earlier. If you continue to use Womensbusinesscentre.com after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using Womensbusinesscentre.com.
10.2 We reserve the right to change, suspend or discontinue the Site and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of the Site without notice to you and without incurring any liability.
- Contact us
11.1 The Women’s Business Centre is delivered by Women’s Enterprise Scotland (CIC) a not-for-profit organisation, constituted as a Community Interest Company trading as Women’s Enterprise Scotland (WES).
Women’s Enterprise Scotland (CIC) is a company registered in Scotland, company registration number SC406892, whose registered office is located at 2 Atlantic Square, 31 York Street, Glasgow G2 8AS .
Please contact us by email: info@womensbusinesscentre.com