Updated and in Effect from: 29/06/2015
Introduction The following Terms and Conditions (The « Terms and Conditions ») govern use of the websites, operations and services (the « Services ») of The Big Bang Fund Limited (“The Big Bang Fund”), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms and Conditions. By using the Services, Users agree automatically to be bound by these Terms and conditions, our Privacy Policy in addition to all applicable laws and all conditions or policies referenced here (collectively, the « Terms »).
The Big Bang Fund reserves the right to, and may at any time, amend the Terms by publishing a revised version of the Terms on our Services here. Access to, or continued use of, the Services The Big Bang Fund provides after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
Definitions In these Terms there are several definitions to identify relevant parties. These are as follows:
Project Creator(s): A persons, or a group of persons, who are responsible for creating and then registering their project on the platform.
Project Manager(s): A persons, or a group of persons, who a responsible for managing the project for the duration of the crowdfunding campaign.
Project(s): A project that has been registered on The Big Bang Fund in order to raise capital via crowdfunding.
Campaign(s): The fundraising campaign undertaken to raise the required capital via crowdfunding needed to fund a project.
Project Backer(s): Persons who back a project financially via contributions will be referred to as Project Backers.
Contribution(s): Funds contributed to a Projects Campaign by a Project Backer.
User(s): Used collectively to refer to Project Creators, Project Managers, Project Backers and other visitors to the site.
The Big Bang Fund’s Platform:
The Big Bang Fund is a platform where individuals, organisations and other entities can be provided with crowdfunding Services they require to raise capital for specific Projects through crowdfunding Campaigns. Both Campaign Creators and Campaign Managers, who can update the project as time goes on, can offer incentives, gifts and rewards in the form of tangible items or intangible services to Project Backers in return for Contributions. Such incentives and offers are collectively known as Rewards.
Rewards are not offered for sale. In addition The Big Bang Fund makes no representations about the quality, safety, morality or legality of any Project, Reward or Contribution or the truth or accuracy of any User Content (as defined below) posted on the Services. The Big Bang Fund does not represent that Campaign Creators and Campaign Managers will deliver Rewards or that Contributions will be used as described in the Projects description. Therefore The Big Bang Fund is not liable for any misrepresentation on the part of Project Creators or Project Managers and is subsequently not liable to enforce any Rewards, commitments made during a Campaign or by a Project. Users therefore use the Services at their own risk.
Eligibility Users under 18 years of age are not eligible to use the Services without the consent of a parent or legal guardian. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended or in any other way banned from using the Services are not eligible to use the Services, nor are they allowed to have another person use the Services on there behalf.
In addition The Big Bang Fund reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Campaign, Contribution, or the Services at any time for any reason without liability. Nor does The Big Bang Fund have to give a reason for the rejection, cancelation, interruption, removal or suspension of any Project, Campaign, Contribution or use of the Services offered as a whole.
Prohibited Campaigns Project Creators are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. All Projects will be vetted by our team before their Campaign is published, after publication of a Campaign Project Managers are not allow to edit the project in such a way that it may raise funds for illegal activities, to cause harm to people or property, or to scam others.
If you are planning to launch a Project that is claiming to do the impossible or is at its core fraudulent, don’t attempt to publish it as it will be rejected and you may be barred from The Big Bang Fund. Users must comply with all laws and regulations that are relevant to their Project, Rewards, Campaign and territory. In addition neither Project Creators nor Project Managers will make false, fraudulent or misleading statements with regards to their Project, Campaign or any Rewards on offer.
Prohibited Rewards Project Creators are not permitted to offer or provide any of the following as a Reward, nor can Project Managers update a Campaign to offer any of the following at a later date:
Any form of alcoholic products or vouchers/memberships that can be used to obtain the physical delivery of an alcoholic product.
Any form of controlled substance (including Tabaco) drug paraphernalia or so called ‘legal highs’.
Any weapons, ammunition or related and relevant accessories.
Any form of gambling, including lottery.
Any items promoting hate, discrimination, personal injury, death, damage, or destruction to property.
Any form of air transportation.
Any form of financial incentive, including equity and returns or participation in any profit sharing schemes.
Any form of “Security” as defined in the Markets Act 2000 (United Kingdom)
In addition to this any items
A) prohibited by applicable law to possess or distribute,
B) that would violate applicable law if distributed, or
C) that would result in infringement or violation of another person’s rights if distributed.
The Big Bang Funds Community Rules The Big Bang Fund is operated to provide a Service for Users, and part of this Service is an integrated messaging system which is part of the overall The Big Bang Fund Community. The Big Bang Fund does not tolerate, in any circumstance; discrimination, hatred and other threatening behavior.
Consequently any use, by Users of, the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity will not be tolerated. In addition to post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded will not be tolerated. To spam the comments sections or other Users with offers of goods and services or inappropriate messages; engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or take any action that is seen to create, at The Big Bang Fund’s sole discretion alone, an unreasonable load on The Big Bang Fund’s infrastructure.
The Big Bang Fund
A) reserves the right to remove or suspend any Users accounts for such activity at its own discretion
B) may, again at its own discretion, report such activates to the relevant authorities including the Police.
User Information and Accounts all information submitted by a User in connection with a User account on the Services (defined as a “User Account”) must be accurate, honest and truthful. By accepting these Terms and Conditions Users agree to notify The Big Bang Fund immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account, a failure to do so can result in a breach of Terms on the Users part. Each User also agrees to provide additional information The Big Bang Fund may, at its own discretion, reasonably request and to answer truthfully and completely any questions The Big Bang Fund might ask you in order to verify such User’s identity.
Project Creators and Project Managers are permitted to offer Rewards to Project
Backers. Project Creators and Project Managers are legally bound to perform on any promise and/or commitment to Project
Backers (including the delivery and distribution of Rewards). Project Creators and Project Managers will respond promptly and truthfully to all questions posed to them by The Big Bang Fund, a Project Backer or any other User of the Service. If a Project Creator or Project Manager is unable to fulfill a commitment made to a Project Backer then it is the responsibility of the Project Creator or Project Manager to reach a mutually satisfactory agreement with the Project Backers to act as a final resolution to the issue. Project Creators and Project Managers will comply with all applicable laws and regulations in the use of Contributions and delivery and distribution of Rewards. Project Creators and Project Managers are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Rewards.
In the event that The Big Bang Fund may decide to attempt to verify the identity and other information provided to us by Project Creators and Project Managers, and we may delay, with hold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.
Project Backers:
Project Backers are solely, and entirely, responsible for asking questions and investigating Project Creators, Project Managers and the Project itself, including its Campaign to the extent they feel is necessary before making a Contribution and as such becoming a Project Backer. All Contributions are made voluntarily and at the sole discretion and risk of the Project Backer. The Big Bang Fund does not guarantee that Contributions will be used as promised, that Project Creators and Project Managers will deliver Rewards, or that the Project will achieve its goals, both during and after its Campaign.
The Big Bang Fund does not in any instance endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Campaign, Reward or Contribution, or the truth or accuracy of User content posted on the Services. Project Backers are solely responsible for determining how to treat their Contributions and receipt of any Rewards for tax purposes. If a Contribution is returned to a Project Backer, any Rewards associated with that Contribution, shall be cancelled.
Disputes:
A dispute may arise between a Project Creator or Project Manager and another User, for instance a Project Backer.
Project Creators and Project Managers are legally bound to fulfill the promise of delivering a Reward that has been selected on the Project page, or via the internal messaging system to a Project Manager. This is based on the principle that a contract has been agreed for the exchange of goods/services in return for a Contribution, such goods/services are to come in the form of a Reward. If a Project Creator or Project Manager is unable to fulfill a commitment made to a Project Backer then it is the responsibility of the Project Creator or Project Manager to reach a mutually satisfactory agreement with the Project Backers to act as a final resolution to the issue.
The Big Bang Fund is under no obligation to become involved in disputes between Project Creators or Project Managers and Project Backers, or Users and any third party. In the event of any dispute, such as a Project Creators or Project Managers alleged failure to comply with the Terms or alleged failure in fulfillment of a Reward, we can provide, entirely at our discretion, the contact information of those involved in the dispute so that they can work resolve the specific dispute.
Payment Services and OptionsThe Big Bang Funds Merchant Services are provided by Stripe {Insert full company name and number}. Users are advised to make themselves aware of Stripe terms and conditions of use, insert hyperlink, and Users are further advised to be aware that by breaching Stripe terms, they will also be in breach of The Big Bang Funds Terms. Users may also wish to contribute via a ‘Direct Contribution Payment Form’; this can be done when the amount being contributed exceeds five hundred pounds (£500) and will involve a Bank Transfer. This method will involve a non-refundable administration fee.
All payment methods may incur additional charges due to currency exchange, banking fees or administration. Such additional fees to the User are non-refundable in the event that a Project is not funded and the Campaign fails.
Costs of ServicesThe Creation of a User Account is always free of charge on The Big Bang Fund. Unless otherwise specifically stated we do not charge service fees to Users for the creation of their account. We do charge a small 8% platform fee which is added, along with other costs to cover banking and currency exchange, which is paid by Project Backers. For more information please go to {Insert Hyperlink}.
Updated fees are effective to Projects and their Campaigns launched after the update is published.
Refunds Contributions, including the Service Fees portion there of, are not refundable. If a Project Creator or Project Manager is unable to perform on any promise and/or commitment to Project Backers (including delivering any Rewards), the Project Creator or Project Manager will work with the Project Backers to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Project Creator or Project Manager.
Mentoring Users may apply to become a Big Bang Fund Mentor. To do so they will follow the steps laid out on the Website and will adhere to the agreement on Mentoring. As seen {Hyperlink}.
Licence of Use The Big Bang Fund, through the continued access to the Services, grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
User Information and ContentWhile using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, « User Content »). Users grant The Big Bang Fund a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and The Big Bang Fund, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Promotional Activity Project Creators and Project Managers are not to offer any contest, competition, giveaway, sweepstakes or similar activity (each defined as « Promotional Activity » or “Promotional Activities”) on the Services without The Big Bang Funds prior written permission, which may be granted or withheld by The Big Bang Fund in its sole and absolute discretion. Project Creators and Project Managers may request permission to host any such Promotional Activities by contacting The Big Bang Fund at info@thebigbangfund.eu . Subject to and upon any such permission by The Big Bang Fund, each Project Creator or Project Manager offering any Promotional Activities further acknowledges and agrees that:
A) the Project Creator or Project Manager seeking such permission shall be solely responsible for all facets of each such Promotional Activity;
B) such Promotional Activity does not require any Contribution or other payment of any amount as the sole method of entry into such Promotional Activity; and
C) the official rules for such Promotion shall include clear and conspicuous language. This is done to illustrate that (i) The Big Bang Fund does not sponsor, endorse or administer the Promotional Activity; (ii) each participant or entrant in the Promotional Activity automatically releases The Big Bang Fund from any and all liability; and (iii) all questions and queries concerning and relating to the Promotional Activity must be directed to the relevant Project Creator and Project Manager and not toward The Big Bang Fund.
Third Party Websites and AdvertisementThe Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by The Big Bang Fund, for instance websites of Partners, Mentors and other affiliates. Access to or use of third-party sites or services are at each User’s own risk. Except as otherwise expressly provided herein, The Big Bang Fund is not in any way responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services, and even with regard to Partners The Big Bang Fund makes no guarantee regarding the quality of another’s services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

IndemnityIn accordance with the ‘Unfair Contract Terms Act 1977’ each User agrees fully to defend, indemnify and hold harmless The Big Bang Fund, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including associated legal and administration fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. The Big Bang Fund may assume the exclusive defence and control of any matter for which Users have agreed to indemnify The Big Bang Fund and each User agrees to assist and cooperate with The Big Bang Fund in the defence or settlement of any and all such matters.

Warranty

The Big Bang Fund has no duty to, nor does it provide any warranty for Services used. The Services on The Big Bang Fund are provided on ‘as available’ basis and are done so without any warranties, expressed or implied of any kind.

Users use the Service entirely at their own risk.

Limitation of Liability

The Big Bang Fund (including its affiliates, directors, officers, employees or agents) are not liable for any indirect, punitive, special, consequential, incidental or exemplary damages, in any event, for damages exceeding the lesser of five hundred pound sterling (£500) or the fees paid to The Big Bang Fund for the transaction, from which the cause of action has arisen.

This Limitation of Liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis.

Permanent Deletion of an Account

The permanent deletion of a User Account may result in the permanent destruction of all information associated with a User Account. Users may delete their User Account by following the instructions on the Services, but The Big Bang Fund may retain information after deletion of a User Account in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination and shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that:

A) the Services shall be deemed to be solely and entirely based in England and Wales of The United Kingdom and

B) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over The Big Bang Fund, either specific or general, in jurisdictions or territories of than England and Wales of The United Kingdom. This Agreement and the Terms shall be governed by the laws of England and Wales of The United Kingdom and all legal challenges will be processed either through the Alternative Dispute Resolution (ADR) system or in a Court of Law governed by the laws of England and Wales.

Governing Language

In the event of a conflict between these, the English language version of the Terms, and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United Kingdom.

Cooperation with Authorities and Police

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested, and provide any information that is requested by law enforcement agencies and other bodies of authority.

Notifications

Users agree that The Big Bang Fund may provide notifications to such User via email, written, telephone or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Feedback and Suggestions

We are happy to hear back from Users about their use of the Services; their experiences, feedback and suggestions for new ideas. However, to avoid future misunderstandings when new products, services and features developed internally by The Big Bang Fund that might be seen to be similar or even identical to a submission received by The Big Bang Fund from a User, the following policy applies to all third party User submissions to The Big Bang Fund of ideas, comments, suggestions, proposals or materials:

A) all submissions shall be considered non-confidential and non-proprietary;

B) The Big Bang Fund will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality);

C) The Big Bang Fund will not be liable for any use or disclosure of any submission; and

D) The Big Bang Fund shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.

Financial Conduct Authority

In line with the Financial Conduct Authority’s (FCA) rules, regulations and guidelines The Big Bang Fund adheres to all the rules, regulations and guidelines set forth by the FCA in the following document:
https://www.google.co.uk/url.

At this time The Big Bang Fund only provides Reward and Donation based Crowdfunding Services.

Copyright Infringement

If you believe that you have been a victim of copyright infringement by another User on The Big Bang Fund, in line with the

‘Copyright, Designs and Patents Act 1988’, then Users are instructed to contact The Big Bang Fund imminently.

The Big Bang Fund makes no guarantees on the validity of intellectual property submitted by a User, and does not offer any protection, in terms of intellectual property, to the User. It is entirely at the Users on discretion to register their own intellectual property with the relevant authorities, and entirely at their own risk if they publish material on The Big Bang Fund without first doing so.

Entire Agreement

These Terms are the entire agreement between each User and The Big Bang Fund regarding its specific subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The Big Bang Funds failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Updates to the Terms

The Big Bang Fund may at any time and its own discretion alter the Terms, so please review them frequently. If a material change is made, The Big Bang Fund will notify Users in the Services, by email, by means of a notice on the Services, or other places we deem appropriate. A « material change » will be determined at The Big Bang Funds discretion alone, in good faith, and using common sense and reasonable judgment.

ORGANISATIONS