Terms of Agreement
- The following Terms and Conditions constitute a legally binding agreement between Crowd.Science and Crowd.Science’s members.
- This agreement outlines the terms and conditions that govern member use as a Campaign Owner, Campaign Funder or third party and includes anyone acting on the Campaign Owner or Campaign Funder’s behalf or with the Campaign Owner or Campaign Funder’s express or implied authority of our services at www.Crowd.Science (”Crowd.Science”).
- The member also undertake to familiarise themself with Campaign Owners and Campaign Funders must also agree and comply with the Stripe Acceptable Use Policy and the terms and conditions on other websites operated by Crowd.Science and its related and affiliated companies, to the extent that the member uses those websites. Stripe is the payment gateway which Crowd.Science uses.
- Nothing in this Agreement creates a partnership, employment relationship or agency between the member and Crowd.Science.
- This Agreement may not be assigned in whole or in part, to any third party without Crowd.Science’s prior written consent, and any attempt to do so will be invalid.
- Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
- Failure by Crowd.Science to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision and Crowd.Science’s rights under this Agreement will survive any termination of this Agreement.
- Members warrant that Campaigns listed and information provided to Crowd.Science or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature are true and correct.
- Members are solely responsible for the information that they provide on Crowd.Science.
- Members warrant that they are 18 years of age and have capacity to enter into a legally binding contract and accept these terms and conditions.
- “Campaign” means scientific research proposal, issues or causes as registered on Crowd.Science by the Campaign Owner.
- “Campaign Deadline” means the period in which Crowd.Science decides that the Campaign Owners fundraising period expires;
- “Campaign Owners” means individuals, groups and organisations (as approved by Crowd.Science moderators) who have registered a Campaign on Crowd.Science.
- “Campaign Funders” means individuals, groups and organisations that fund Campaign Owners campaigns in exchange for Rewards.
- “Campaign Reward” means items, experiences or services offered by Campaign Owners to Campaign Funders in exchange for Campaign Funders funding Campaigns.
- “Crowd.Science” means the Crowd.Science website platform and software and includes Crowd.Science’s agents, employees, subcontractors and suppliers.
- “Crowd.Science moderators” means a moderator approved by Crowd.Science to decide which Campaigns are eligible to raise funds on Crowd.Science.
- “Crowd.Science’s service” means the service provided by Crowd.Science to provide an online platform for Campaign Owners to raised funds for their Campaign;
- “Copyright” means Copyright as per the Copyright Act 1968 (Cth);
- “Funds” means the funds raised by the Campaign Owner as provided by the Campaign Funder
- “Force Majeure” means the occurrence of any event or circumstance beyond the reasonable control of Crowd.Science.
- “VAT” refers to tax
- “the member” means the Campaign Owner, Campaign Funder or third party and includes anyone acting on the behalf of a Campaign Owner or Campaign Funder or with express or implied authority.
- “Intellectual Property Rights” means patents, Trademarks, service marks, design rights (registrable or otherwise) applications for any of the foregoing, Copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to Australia);
- “Trust Account” means the trust account held by the Nominated body that will hold the funds raised by the Campaign Owner from the Campaign Funders.
- Crowd.Science is an online crowdfunding service and acts as a venue to allow members who comply with Crowd.Science’s Terms and Conditions and Policies to raise funds for their scientific proposals, or to contribute funding to scientific proposals.
- Crowd.Science allows approved Campaign Owners to list Campaigns and raise funds through offering Rewards to new and existing Campaign Funders.
Crowd.Science has limited liability
- Crowd.Science is not directly involved in the transaction between Campaign Owners and Campaign Funders. As a result, Crowd.Science will not be liable for the control, quality, safety, morality or legality of any aspect of the Rewards listed or the truth or accuracy of the listings, the ability of Campaign Owners to sell Rewards or the ability of Campaign Funders to pay for Rewards.
- Crowd.Science cannot ensure that a Campaign Funder or a Campaign Owner will actually complete a transaction and is not liable for any loss to the Campaign Funder or Campaign Owner.
- Science does not transfer legal ownership of Rewards from the Campaign Funder to the Campaign Owner and is not liable for any failure by the Campaign Owner to provide a Reward to the Campaign Funder.
- Crowd.Science cannot guarantee the true identity, age, and nationality of any member.
- Crowd.Science is not responsible or liable for any content (data, text, information, graphics, images, photographs, profiles, audio, video, items, and links) posted by members or third parties on Crowd.Science. Crowd.Science does not take any responsibility for any loss caused to the Campaign Owner or Campaign Funder arising directly or indirectly from any failure or delay caused by the Campaign Owner or Campaign Funder or by reason of any event or circumstance outside of the reasonable control of Crowd.Science or due to Force Majeure.
- It is the responsibility of the Campaign Owner/Campaign Funder to take precautions to ensure that whatever computer equipment and/or software used is free from viruses, worms, Trojans and other items of a destructive nature.
- Crowd.Science shall not be liable for the interactions with any organisations and/or individuals found on or through the Crowd.Science service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Crowd.Science.
- Crowd.Science cannot be held liable for the actions of a Campaign Owner; Campaign Owners are wholly responsible for fulfilling obligations both implied and stated in any campaign listing they create.
- Crowd.Science does not oversee the performance or punctuality of Campaigns.
- Crowd.Science reserves the right to cancel a campaign listing and cancel all pledged payments at any time for any reason.
- Crowd.Science reserves the right to remove a campaign listing from public listings for any reason.
- Crowd.Science is not responsible for any damage or loss incurred as a result of any dealings on the Crowd.Science platform.
- Crowd.Science is under no obligation to become involved in disputes between Campaign Funders and Campaign Owners, or between site members and any third party. In the event of a dispute, you release Crowd.Science employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
- Crowd.Science cannot guarantee the performance or reliability of the STRIPE online payment service. Additionally, because of occasional failures of some credit cards, Crowd.Science cannot guarantee the full receipt of the total funds pledged to a Campaign Owner’s campaign.
- Crowd.Science cannot guarantee the full receipt of pledged funds Campaign Funders due to occasional failures when capturing funds from debit and credit cards.
- While Crowd.Science may provide basic moderation to listed Campaigns, Crowd.Science is under no obligation to do so, and Campaign Funders are responsible for due diligence before pledging any funding to Campaign Owners.
- This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in these Terms and Conditions.
How Campaigns Work
- Campaign Owners register as members on Crowd.Science.
- Campaign Owners register their Campaign on Crowd.Science for approval by Crowd.Science.
- Crowd.Science moderators assess the Campaign.
- If Crowd.Science moderators accept the Campaign Owners Campaign, Crowd.Science will register the Campaign and open the Campaign to receive funds from Crowd.Science in exchange for Rewards as provided to Campaign Funders by the Campaign Owners (if applicable).
- All funds are collected for Campaign Owners from Campaign Funders through the Stripe online payment service.
- Campaign Funds are then transferred into the Campaign Owner for the Campaign Owner to then transfer into their Nominated Account in line with their university policy.
- Science collects and transfers these pledged funds to the Campaign Owner at the Campaign Deadline if the campaign goal has been reached.
Campaign Owner and Campaign Funder Obligation
- By launching a Campaign on Crowd.Science, the Campaign Owner agrees that all funds raised will be used for conducting the research proposed in their campaign.
- If more funds are raised than the goal specified, the Campaign Owner must use the funding for conducting related research or refund the excess to the backers.
- As a Campaign Owner, Campaign Funder or member you accept and agree that Crowd.Science is not responsible for the transfer of funds after Crowd.Science has transferred funds to the Campaign Owner.
- Crowd.Science is under no obligation to become involved in disputes between backers and researchers or between site members and any third party
- Crowd.Science does not oversee the performance or punctuality of projects.
- Crowd.Science cannot be held liable for the actions of a researcher, researchers are wholly responsible for fulfilling obligations both implied and stated in any project listing they create.
- [Funders] It is solely your choice to contribute to a project and contributing to a project does not give you any rights in or to that project
- [Funders] Any perks offered to you are between you and the researcher only and Crowd.Science does not guarantee that they will be of satisfaction to you.
- By listing a Reward on Crowd.Science the Campaign Owner warrants that all aspects of the Reward comply with Crowd.Science’s published policies.
- The Campaign Owner warrants that the Reward may be legally sold.
- The Campaign Owner must accurately describe the Rewards and all terms of sale in the Campaign Description and the Reward Description.
- Reward Descriptions may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward.
- Rewards must accurately and completely describe the item(s) or experiences on offer. If the available quantity of the Reward is more than one or unlimited, all items and/or experiences listed in that Reward tier must be identical.
- Each unique Reward must have its own listing as a new Reward.
- All Campaign Owners are urged to outline seller policies for their Campaigns. These policies may include, for example, shipping, returns, payment and selling policies.
- Campaign Owners must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with Crowd.Science’s site-wide policies.
- Campaign Owners are responsible for enforcing their own reasonable seller policies.
- Crowd.Science reserves the right to request that a Campaign Owner modify a seller policy.
- All Reward sales are binding on the Campaign Owner.
- The Campaign Owner is wholly responsible for meeting any obligation or Reward stated or implied in their campaign. Crowd.Science is not responsible for the delivery of Rewards stated in campaigns. Campaign Funders should contact the Campaign Owner if the delivery terms are not clearly stated in the project description.
- The Campaign Owner is obligated to provide the Reward(s) or otherwise complete the transaction with the Campaign Funder.
Fees Payable to Crowd.Science
- Registering as a member and setting up a Campaign on Crowd.Science is free.
- Crowd.Science charges fees to Campaign Owners at the conclusion of the campaign or whenever the Campaign Owner chooses to collect the pledged funds. Funds can only be collected once the campaign has reached its goal.
- Crowd.Science will initiate a capture of all funds from Campaign Funders and transfer the funds to the Campaign Owner (minus the Crowd.Science fees).
- Crowd.Science charges a service fee of 5%, which is deducted from the total amount of funds raised at the end of the campaign.
- Crowd.Science charges a transaction fee for Credit / Debit Card on Crowd.Science 2% + 30p per transaction (UK) to cover costs incurred from the stripe payment gateway.
- There is a 7 – 10 business day processing period (after the end of a Campaign) in which supporters who have had their pledges declined are invited to resubmit their pledge.
- Crowd.Science may change fee policies and the fees for services.
- Crowd.Science may choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free service days) and such changes are effective when we post the temporary promotional event.
- If Crowd.Science introduces a new service, the fees for that service are effective at the launch of the service.
- Unless otherwise stated, all fees are quoted in the currency of the project.
- The member is responsible for paying all fees associated with using our services and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
- The member should consider Crowd.Science fees when determining the funding goal of Campaigns.
- The campaign owner is responsible for paying any taxes that may be required e.g. if the funding is paying for salaries.
Stripe Payment Gateway
- Campaigners and contributors must agree to comply with Stripe Terms and Conditions.
- Crowd.Science transfers the funds to the Campaign Owner after the campaign deadline.
- Funds collected through the Crowd.Science platform are non-refundable and Crowd.Science is not responsible for issuing refunds to Campaign Funders
- Campaign Funders may initiate refunds at their own discretion.
- If, for any reason, Crowd.Science is required to refund monies to Campaign Owners, the Campaign Owner will fully compensate Crowd.Science for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs.
- The member agrees that any attempt to obtain a refund without first having obtained prior written consent to refund shall entitle Crowd.Science to deactivate the member’s account unless and/or until such time as the fees are repaid or a credit or refund is agreed with Crowd.Science.
Communications with Crowd.Science
- Communications between the Member and Crowd.Science are to be in electronic form.
- The member consents to receive communications and notice from Crowd.Science electronically and agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Crowd.Science satisfy any legal requirement that such communications would satisfy if it were in writing.
Tax and legal compliance
- In addition to these terms and conditions the member must familiarise them self with, and comply with the Policies, domestic laws (including common law), country legislation, international laws, statutes, ordinances and regulations regarding use of Crowd.Science services including listing and supporting Campaigns.
- Campaign Owners should be aware that funds raised using Crowd.Science could be taxable income. It is the Campaign Owner’s responsibility to declare the funds and comply with local tax laws.
- Campaign Owners alone, and not Crowd.Science, are responsible for ensuring that the campaign listing and any other activities conducted on the Crowd.Science website are lawful.
- Campaign Owners must ensure that they comply with all applicable laws in UK and all other countries.
- Campaign Owners must also ensure that they strictly comply with these term and conditions and the policies, which form part of the agreement.
- The member shall attempt to resolve all disputes arising out of these Terms and Conditions in a spirit of cooperation without formal legal proceedings.
- Any dispute which cannot be resolved and other than injunctive relief shall be subject to mediation upon written demand of the member to Crowd.Science and any notice of dispute shall be provided within seven (7) days of the dispute arising.
Governing Law and Jurisdiction
- These terms and conditions are governed in all respects by the laws of the United Kingdom and any action arising under them or in any way connected with the Crowd.Science service may be brought only in a court in the United Kingdom, subject to any law, which is expressly inconsistent with this.
- The members irrevocably agree that the courts of United Kingdom are to have exclusive jurisdiction to settle any disputes which may arise.
Third Party Site
- Crowd.Science is not responsible or liable directly or indirectly for any claims, demands, damages against Crowd.Science arising from or in connection with any damage or loss caused or alleged by on in connection with your use of or reliance on any such contect, goods or services available through any external links or resources
Prohibited Use Of Crowd.Science
- Crowd.Science staff and appointed members may moderate campaigns and other content (data, text, information, graphics, images, photographs, profiles, audio, video, items, and links) on the Crowd.Science platform.