Capitalised terms in bold type shall have the meaning set out in the schedule to these Terms.
KasPer Innovations Limited (trading as FutSci) ("we" "us") has developed and operates the Website www.futsci.com as a crowd funding platform for public engagement in biomedical and bioscience research. The aim of FutSci is to facilitate Donations from Donors to support individual research Projects posted on the Website by Researchers. For the Services it provides, FutSci charges a fee, and fees are also charged by the Payment Processor (such as Paypal). Please see Section 2 below for more details of these charges.
KasPer Innovations Limited is a company registered in England and Wales under company number [ ]. Our VAT number is [ ].
To contact FutSci, please www.futsci.co.uk/page/contact
FutSci is not a registered charity. However, some Researchers may have charitable status so that gift aid may be relevant. If this is the case the Researcher may state this on the Project home page. It is for Website Users to obtain tax advice relevant to their circumstances, whether that is on gift aid or any other aspect of taxation. FutSci is not able to advise on the taxation implications of using the Website.
We provide a facilitation service only. All specific arrangements relating to a Project will be between the Researcher and Donor in question. FutSci is not a party to those arrangements. Website Users use the Service at their own risk. We cannot ensure or guarantee that all Website Users will do what is expected of them and we are not responsible for their activities or actions.
Please click on the button marked “I Accept” below if you accept the Terms. If you do not accept the Terms, please do not access the Website or interact with other Website Users and you will not be able to participate in Projects via the Website. Further, by continuing to use the Website you indicate that you accept the Terms, as updated from time to time in accordance with FutSci’s right to vary the Terms (see below), and that you agree to continue to abide by them. You also confirm that you are at least 18 years of age and (in the case of Researchers)are resident in or are an Institute having its principal place of business in the UK. FutSci has the right to require the production of such proof of age and identity as it requires from time to time.
You should print or save a copy of the Terms for future reference.
Section 6 limits FutSci’s liability to Website Users. Section 7 sets out your indemnity to us in relation to any breach by you of the Terms. Please read and ensure that you understand these Sections before using the Website.
You will not be able to post Projects or donate to Projects through the Website unless you have registered with FutSci. Registration is free. Click www.futsci.co.uk/account/register to register. You may however browse the Website without the need for registration. You warrant that all information provided by you as part of the registration process shall be complete and accurate and that you will notify us immediately of any changes. FutSci reserves the right to refuse or cancel any registration at any time without giving a reason.
How we use your personal information
FutSci’s right to vary the Terms
FutSci may revise the Terms from time to time in accordance with Section 13 below.
Every time you wish to post a Project or support a Project via the Website, the Terms in force at that time will apply. Please check the Terms to ensure you understand the Terms which will apply.
2. PROCESS, PAYMENT AND USE OF DONATIONS
For the Services we provide, we charge a fee of 7% of each Donation. Donations are paid to the Payment Processor and the Payment Processor is asked not to release Aggregate Donations to the Researcher until the Donation Target has been reached and the Post Donation Checking Period has expired. If in respect of a particular Project the Donation Target has not been reached by the end of the Donation Period (or is reached but dips below the Donation Target by the end ot the Post Donation Checking Period), FutSci will (subject to the paragraph below) instruct the Payment Processor not to charge Aggregate Donations to the Donors, not to remit Aggregate Donations to the Researcher and to refund Donations to that Project to the Donors to the extent if any that such Donations have actually been paid. FutSci anticipates (but does not guarantee) that any refunds due will be made within 14 days of the end of the Post Donation Checking Period. FutSci does not charge a fee on Donations to the extent that they are refunded. The Payment Processor will however deduct a processing charge from your Donation and refunds will be made net of that amount. The current processing charge is 20p per Donation.
In the event that the Donation Target is not reached by the end of the Donation Period, FutSci may nevertheless (at the written request of the Researcher) direct the Payment Processor to release the Aggregate Donations to the Researcher for the purposes of the Project and/or amend the scope of the Project and/or the budget for the Project so that it may completed within the Aggregate Donations available. FutSci may take all or any of these steps in its absolute discretion and without liability to any Website User if it is satisfied that the Project may still be completed in a professional manner and be of benefit.
Please note that Donations are not remitted to FutSci and are subject to the terms and conditions of the Payment Processor which may be found www.Stripe.com here. By using the Website you agree to comply with those terms and conditions.
FutSci facilitates Donors entering into arrangements with Researchers under the following procedure.
Procedure for Researchers
The Researcher is referred to the guidelines for making an application to post a Project on the Website. The guidelines can be found www.futsci.co.uk/page/guidelines
Important: where an Institution such as a university stands behind an individual researcher, the Researcher for the purposes of the Terms is the Institution and not the individual. This is because the Intellectual Property Rights in material submitted in support of the application, together with the findings of the Project, are likely to be owned by the Institution – either because the individual is an employee of the Institution or because of contractual arrangements between them where the individual is an independent contractor. This means that the application, registration on the Website and the Payment Processor account for the Project must be in the name of and authorised on behalf of the Institution and not any individual (s).
The Researcher submits an application in respect of the Project and sets the Donation Target, the Donation Period and the Research Period.
The number of Projects which may be posted and run by a Researcher at any one time is limited to two. This is a requirement of the Payment Processor.
FutSci will assess the Project and will take reasonable steps to check the Researcher’s credentials. However, FutSci gives no guarantee to Donors that the Researcher is who they say they are and shall not be taken to endorse the Project.
FutSci may accept or reject the Project in its absolute discretion and shall have no liability to the Researcher or be obliged to give reasons in the event that the Project is rejected.
If FutSci accepts the Project, the Researcher shall register with the Payment Processor and set up a receiving account in the name of the Researcher for that Project.
The Project then goes live on the Website, and is available for Donors to make Donations for the duration of the Donation Period. FutSci may decline a Donation at any time and for any reason. The level of Aggregate Donations at any one time will be available for viewing on the Project homepage but note that Aggregate Donations may fluctuate downwards at times.
At midnight on the day of expiry of the Donation Period the Project is closed and no further donations may be made.
In the event that the Donation Target has been reached by the end of the Donation Period, the Post Donation Checking Period will start to run from midnight on the day of expiry of the Donation Period. This is to ensure that there are no problems with any of the Donations and to allow the Cooling Off Period for any Donor who has made Donations towards the end of the Donation Period. Please see Section 5 for more details about the Cooling Off Period. If the Donation Target is not reached and maintained during the Post Donation Checking Period, the consequences will be as set out at the head of this Section 2.
In respect of a successful project, following the Post Donation Checking Period the Payment Processor will pay to FutSci 7% of the Aggregate Donations for that Project and will retain a handling fee of 1.9 % of the Aggregate Donations plus a fee of 20 pence per Donation. The balance will be paid by the Payment Processor to the Researcher. FutSci is not responsible for any failure by the Payment Processor to do so.
The Researcher will run the Project in accordance with the details set out in the original application and the requirements of the Terms. Donors will be invited to give a feedback rating in respect of the Researcher and this will be published on the Website. FutSci is not responsible for any negative feedback given..
Procedure for Donors
Potential Donors may browse Projects for research of interest to them. They may browse the Website without the need for registration but may not otherwise interact with it.
Having registered, a Donor may interact with Researchers and ask questions about Projects of interest. It is up to the Donor to ensure that a Project is one which they wish to support.
If the Donor wishes to make a Donation to a Project or to more than one Project they may do so by simply clicking on the “Back This Project” button which takes them to the protected site of the Payment Processor. There is no limit on the number of Projects to which a Donor may make a Donation but no Donor may make more than two donations to the same Project and no Donor may donate more that $ 4 000 in the aggregate to one Project. Subject to these limits, Donors may increase or decrease a Donation during the Donation Period.
Donations are accepted in various currencies from territories approved by the Payment Processor. Donations from territories which are not approved will be blocked. There is a minimum Donation level of £1 / €1 and no maximum level. Donations are preapproved by the Payment Processor but do not leave the Donor’s account until the Donation Target is met. FutSci or the Payment Processor may decline a Donation at any time and for any reason.
In the event that the Donation Target has been reached by the end of the Donation Period, the Post Donation Checking Period will start to run from midnight on the day of expiry of the Donation Period. This is to ensure that there are no problems with any of the Donations and to allow the Cooling Off Period for any Donor who has made Donations towards the end of the Donation Period. Please see Section 5 for more details about the Cooling Off Period. If the Donation Target is not reached and maintained until the end of the Post Donation Checking Period, the consequences will be as set out at the head of this Section 2.
In respect of a successful project, following the Post Donation Checking Period the Payment Processor will pay to FutSci 7% of the Aggregate Donations for that Project and will retain a handling fee of 3% of the Aggregate Donations plus a fee of 20 pence per Donation. The balance will be paid by the Payment Processor to the Researcher. FutSci is not responsible for any failure by the Payment Processor to do so.
Donors must ensure that they are in a position to honour pledged donations and FutSci shall have no liability for failure of a Donor to meet their payment obligations.
Donors acknowledge that the Payment Processor may reserve a charge on their card. However, FutSci understands that the Payment Processor will only collect pledges after expiry of the Post Donation Checking Period.
The Researcher will run the Project and apply Aggregate Donations in accordance with the details set out in the original application, the Project Page and the requirements of the Terms but FutSci shall have no liability for failure by the Researcher to do so. Donors will be invited to give a feedback rating in respect of the Researcher and this will be published on the Website. FutSci is not responsible for any negative feedback given.
FutSci cannot guarantee receipt of Donations as this is the responsibility of Donors and the Payment Processor. FutSci is not responsible for acts and omissions of Donors or the Payment Processor.
3. RUNNING OF PROJECTS
Researchers warrant, undertake and agree to and with FutSci and Donors that they shall:-
- complete the Project within the Research Period;
- report to Donors on the Project at the intervals noted on the Project page and publish such reports on the Project page;
- obtain all necessary regulatory and other licences, consents and approvals which are required by law or are considered best practice to obtain (including all relevant ethics and clinical trials clearances and Intellectual Property Rights licences), and that these will be in place before work on the Project commences;
- take responsibility for any inability to obtain any proposed patent or other protection of Intellectual Property Rights which arises as a result of publishing information about the Project on the Website;
- take responsibility for any inability to publish the results of the Project in journals as a result of prior publication on the Website;
- carry out the Project in compliance with all relevant protocols;
- not incur any financial commitment in relation to the Project until Aggregate Donations have been remitted to their account by the Payment Processor;
- not use Aggregate Donations for any purpose other than the Project in respect of which they were donated;
- in all activities relating to Projects and their use of the Website to comply with Data Protection Requirements, including any necessary registration requirements of the Office of the Information Commissioner; and
- take out such insurance in relation to their Projects as is necessary and prudent or as may be specified by us, to note KasPer Innovations Limited as an additional insured on such policies, to provide copies of such policies and evidence of payment of premiums as we may request .
Donors agree and accept that:-
- it is their responsibility to communicate with the Researcher about any aspects of a Project which are of particular importance to them and satisfy themselves that the Project is one to which they are happy to donate. For example, by their nature, some research projects may involve animal experimentation and any Donor objecting to this should establish with the Researcher whether animal experimentation will be part of the Project in question; and
- Futsci does not oversee Projects or how they are run and has no responsibility for any failure by the Researcher to do what is expected of them.
4. CONFIRMATION OF ARRANGEMENTS
A commitment to make a Donation is confirmed and an agreement between a Donor and a Researcher will exist when we provide confirmation to the Researcher and the Donor that the Donation Target has been reached and the Post Donation Checking Period has expired.
Please check your confirmation carefully to ensure that all details are correct and report any incorrect or incomplete information to us immediately. As we act only as agent, we have no responsibility for any errors in any documentation except where an error is made by us.
5. CANCELLATIONS AND REFUNDS
FutSci reserves the right to reject, cancel, suspend or terminate a Project at any time for any reason. In this event, FutSci will not be obliged to give reasons for its decision.
Where a Donor has agreed to make a Donation , as long as the Donation Period that applies to the Project in question has not expired, a Donor may withdraw a pledge and request a full or partial refund of a Donation (to the extent it has actually been paid) provided written notice of that request is given to FutSci within the Cooling Off Period. Notice of cancellation must be sent to email@example.com
Where a Project is cancelled for whatever reason FutSci will endeavour to inform relevant Donors and, provided Donations have not already been released to the Researcher, shall instruct the Payment Processor to refund Donations to the relevant Donors. However FutSci will be doing so as a goodwill gesture only as the arrangements are between the Researcher and the Donor.
Where a Donor has requested a refund under this Section or the Donation Target is not reached by the end of the Donation Period and maintained to the end of the Post Donation Checking Period then, provided FutSci has not exercised its discretion under the second paragraph of Section 2, FutSci shall instruct the Payment Processor to refund that Donor’s Donation to the extent that the Donation has actually been made. FutSci shall not be liable for any failure by the Payment Processor to do so. FutSci anticipates (but does not guarantee) that refunds will be made within 14 days of the end of the Post Donation Checking Period. In respect of all refunds the Payment Processor will however deduct a processing charge from your Donation and refunds will be made net of that amount. The current processing charge is 20p per Donation.
No refunds can be made once Aggregate Donations have been remitted to the Researcher in respect of a Project.
In the unlikely event that FutSci suspects that a Donor or any third party may have been involved in money laundering or other corrupt or fraudulent activity, FutSci shall be entitled to instruct the Payment Processor to retain the refund until FutSci has satisfied itself that money laundering has not taken place. Website Users shall provide all such information as FutSci may request in this regard.
6. LIMITATION OF OUR LIABILITY TO WEBSITE USERS
As we do not control any Projects offered by Researchers on or through the Website and act only as agent and not principal in respect of them we accept no liability in relation to any agreement or arrangements entered into between a Researcher and a Donor or for the acts or omissions of any Researcher, Donor or other parties connected with any such services or arrangements.
All material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy and we accept no responsibility for running of Projects or their outcomes.
Our responsibilities are limited to the provision of the Services. We accept no responsibility for any information about Projects that we pass to Donors and other Website Users in good faith and, to the extent permitted by law, we hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any Website User in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including:
- 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
- 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.
We shall have no liability to Website Users if we are prevented from or delayed in performing our obligations under the Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of FutSci or any other party), Viruses, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
In the event that we are found liable to a Website User or any third party on any basis whatsoever, our maximum liability to Donors is limited to the amount of their Donation in relation to the Project in question and the maximum liability to Researchers is limited to Aggregate Donations in respect of the Project in question.
7. YOUR LIABILITY TO US
You shall indemnify FutSci, its officers, agents group companies and sub-licensees from and against all claims, demands, actions (including any claim alleging infringement of third party Intellectual Property Rights or other rights), costs, expenses, liabilities and damages or losses (including all interest, penalties and, where reasonably incurred, legal and other professional costs and expenses) which they suffer or incur arising out of or in connection with the Project and Donations as a result of your breach of the Terms.
As the arrangements in relation to a Project are between the Researcher and the Donor, any queries or concerns relating to a Project, should be addressed to the relevant Donor or Researcher through the Project home page with a copy to FutSci.
If a Donor has a problem or concern relating to a Project, this must be reported to the relevant Researcher immediately with a copy to FutSci. If this procedure is not followed there will be less opportunity for the Researcher to investigate and rectify any complaint.
If you have a problem with any of the Services provided by FutSci (as distinct from concerns to do with a Donor or a Researcher then please let us know at firstname.lastname@example.org. However, please note that we will not be able to assist in relation to matters that are outside of our control, for example Project cancellations not instigated by us, and in such cases we will forward complaints to the relevant Donor or Researcher to be dealt with by them.
9. TERMS OF WEBSITE USE
This Section sets out the terms on which you may make use of the Website.
Accessing the Website
You may only use the Website for lawful purposes. You may not use the Website:
- in any way that breaches any applicable local, national or international law or regulation or impersonates any person, firm or company;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- in any way which infringes any Intellectual Property Rights or other rights of any third party.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of the Terms;
- to be responsible for any and all activity on your Account;
- not to contact another Website User if requested not to do so;
- on forums, only to post material which is relevant to the Project in question;
- not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or our entire Website, to Website Users who have registered with us.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on the Website without notice or explanation.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party or allow a third party to use your Account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms, and that they comply with them.
Reliance on information posted
Commentary and other materials posted on the Website by us, or by third parties, are not intended to amount to advice on which reliance should be placed and you should take your own advice in specific situations. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any Website User, or by anyone who may be informed of any of its contents. Material on the Website may not be complete and may be out of date at any given time or may contain inaccuracies and typographical errors, and we are under no obligation to update such material.
Our Website changes regularly
We aim to update the Website regularly, and may change the content at any time. Some of our content may be provided by third parties from time to time.
If the need arises, we may suspend access to the Website, or close it indefinitely, without notice or explanation.
We may from time to time provide interactive services on the Website, including without limitation the facility to provide feedback, chat rooms and bulletin boards.
Where we do provide any interactive service, we will provide information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Uploading information to the Website and content standards
Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant to us and other Website Users a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store, copy, reproduce, edit, distribute, prepare derivative works of, display, and perform that content in all media and make it available to third parties.
Whenever you make use of a feature that allows you to upload information to the Website or to make contact with other Website Users you are responsible for ensuring that all information is true, accurate, genuinely held (where opinions are stated),up to date, and is not misleading, derogatory, likely to deceive, discriminatory, obscene, offensive, libellous, defamatory, illegal, unlawful, inflammatory, threatening, likely to harass, upset or annoy any person, likely to misrepresent your identity, likely to promote violence, likely to give the impression they emanate from us or infringe or be in breach of any Intellectual Property Rights or in breach of contract or in breach of a duty of confidence or any other applicable law.
You will not post anything in the nature of an advert on the Website.
You warrant that any such contribution to the Website and any interactive services associated with it shall comply with those standards, and you indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
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 Website Users. We shall also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitute a infringement of their Intellectual Property Rights or other rights, or of their right to privacy.
We have the right to remove and/or edit any material or posting you make on the Website, at any time and at our sole discretion, without reason or explanation to you.
The views expressed by other Website Users do not represent our views or values.
Viruses, hacking and other offences
You must not misuse the Website by introducing Viruses. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not reverse engineer, decompile or otherwise attempt to reproduce the source code or any other part of the Website.
You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. You also must not seek to access, alter or delete any information for which you have not been authorised to access, or overload, spam or flood the Website, take any action to crash, delay, damage or otherwise interfere with the operation of the Website.
By breaching this provision, you may 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 of these terms, your right to use the Website will cease immediately.
We do not guarantee that the Website will be secure or free from bugs or viruses.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any websites linked to it. You should use your own anti virus software.
Links from the Website
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for their privacy practices or for any loss or damage that may arise from your use of them. Links do not imply that we endorse, are affiliated or associated with any linked site.
Linking to the Website
You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in the Terms.
We have no obligation to inform you if the address of the Website changes, or if the content of a page changes, or if a page is removed, and it is your responsibility to ensure that any link you provide is at all times accurate.
If you wish to make any use of content on the Website other than that set out above, please contact us at email@example.com.
Intellectual property rights
We are the owner or the licensee of all Intellectual Property Rights in the Website and all Data and Documentation, and in the material published on the Website (including, without limitation, our trademarks). Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
You will ensure that in respect of all material the Intellectual Property Rights in which are owned by third parties, you have obtained written permission to upload such material to the Website and all necessary licences and consents necessary to enable you to grant the rights granted to us and other Website Users under the Terms. You will provide copies of such permissions, licences and consents immediately on request and we may make this a condition of the Project appearing on or continuing to appear on the Website. If we have reason to believe that there has been a breach of this clause, we shall be entitled to remove the material from the Website without liability to any Website User.
Donors do not acquire any intellectual property or other rights in relation to a Project by virtue of having made a Donation.
You may print off one copy, and may download extracts of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
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. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of the Terms , your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of the Terms. When a breach of the Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the Terms may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of the Terms. The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.
11. GOVERNING LAW AND JURISDICTION
The Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England and Wales.
You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).
The Terms make up the entire agreement between you and us regarding FutSci and supersede any prior agreements.
If any particular term or provision of the Terms is found to be unenforceable, the remaining Terms will remain in full force and effect.
You will not transfer any of your rights or obligations under the Terms to anyone else without our written consent.
All of our rights and obligations under the Terms may be sublicensed by us and may be assigned by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
The Terms are drafted in the English language. If the Terms are translated into any other language, the English language version shall prevail. Any notice given under or in connection with the Terms shall also be in the English language.
In relation to all Projects and Donations you shall comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption.
In the event of a conflict between the Terms and any other document or information published by us on the Website, the Terms shall prevail unless we in our discretion determine otherwise.
We do not owe any fiduciary duty or duty of confidentiality to any Website User
We may revise the Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Website.
14. YOUR CONCERNS
If you have any concerns about material which appears on FutSci or any other aspect of the Website, please contact firstname.lastname@example.org
The definitions and rules of interpretation in this Schedule apply in the Terms.
Account: the Website account through which Website Users may post Projects, view Projects donate to Projects and interact with Webite Users. Setup and use of a FutSci Account is governed by the Terms and Website Users must ensure that they are familiar with those before signing up for a FutSci Account or attempting to post about or donate to a Project through the Website;
Aggregate Donations: the aggregate of all Donations actually received in respect of a particular Project;
Data: the data inputted by a Website User;
Cooling Off Period: a period of fourteen clear days commencing the day after a Donor has pledged the Donation in question;
Data Protection Requirements: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner, and the equivalent of any of the foregoing in any relevant jurisdiction;
Documentation: any and all documentation made available to the Website User by FutSci;
Donation: financial contributions pledged by a Donor in support of a Project or Projects;
Donation Period: the defined period for a Project will be open for donations as stated on the Project home page;
Donation Target: the target figure for Aggregate Donations as stated on the Project home page
Donor: an individual, company or institution which has pledged financial support for a Project via the Project home page.
Institution: any institution, organisation, corporate body or other legal entity not being an individual person.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, performer's property rights, rights in computer software, database right, topography rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, these rights, and all similar or equivalent rights or forms of protection in any part of the world;
Payment Processor: the payment gateway service provided by Stripe (or such other payment gateway provider as selected by FutSci from time to time) and through which Donations shall be processed;
Post Donation Checking Period: the period of 14 Business Days following the expiry of the Donation Period;
Researcher: an individual or institution who makes an application to FutSci to post a Project on the Website
Research Period: the period of time during which the Researcher anticipates that the Project will be completed.
Service: the facilitation service provided by FutSci to the Website User under the Terms via the Website;
Virus: anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices which may be malicious or technologically harmful.
Website: [www.futsci.com] or any other website or affiliated mobile or tablet application notified to and/or made available to the Website User by FutSci from time to time;
Website User: means anyone using the Website and includes Donors and Researchers.