1. General provisions
1.1. Foundation of the Idiap Research Institute, Centre du Parc, Rue Marconi 19, PO Box 592, CH – 1920 Martigny, Switzerland (“Idiap”), through the website https://funding.idiap.ch/crowdfunding (the “Website”), provides with an online crowdfunding portal allowing investors to financially support selected projects of the International Create Challenge (“ICC”) accelerator program in their quest to become a viable start-up, and by fostering a meeting platform between entrepreneurs and investors who visit the Website (each herein referred to as the “User”).
1.2. Users may choose to register on the Website either as entrepreneurs (“Entrepreneurs”) or as investors interested in selected projects of the ICC accelerator program (“Investors”). By registering on the Website, Entrepreneurs and Investors (each herein referred to as “Registered User”) create an account (“Account”) and get access to additional content and features. In order to be eligible as Entrepreneur, Entrepreneurs shall be past participants of the ICC challenge or participants to the next ICC challenge.
1.3. Any User who creates and/or uses an Account represents and warrants that (i) the personal information the User includes as part of the registration process is accurate, up to date and not misleading; (ii) the User is entitled to access and use the Website according to any applicable laws and/or regulations; and (iii) the User is eighteen years old (18) or of legal age in the User’s country of residence, if such age exceeds eighteen (18).
1.4. By accessing the Website and/or creating an Account, Users agree to abide by the present terms and conditions of use of the Website (the “ToU”). Users declare that they have read and understood the ToU and declare their consent with the ToU. Users who do not agree to abide by the ToU shall not use the Website.
1.5. Idiap reserves the right to amend the ToU at any time. Registered Users may be notified of such amendments. Users, who do not agree to abide by the ToU after such amendment, shall cease their use of the Website and cancel their Account, if any.
1.6. Idiap and the Website are not supervised by the Swiss Financial Market Supervisory Authority (hereinafter “FINMA”). Idiap’s business in connection with the Website is not subject to financial markets regulation, in particular the Federal Act on Collective Investment Schemes (“CISA”).
1.7. Users shall not use the Website to market services, particularly investment advisory services, which might subject Idiap or the services provided by Idiap in connection with the Website to FINMA’s supervision or to the scope of CISA.
1.8. The Website and its content are not directed at, or intended for distribution to, any person or entity who is a citizen or resident of, or located or established in, any jurisdiction where the use of the Website or direct investments in Swiss or foreign start-ups would be contrary to applicable law or regulation or would subject Idiap to any registration and/or licensing requirements and/or to any supervision in such jurisdiction. USERS COVENANT THAT THEY ARE NOT SUBJECT TO LEGAL OR REGULATORY RESTRICTIONS WHICH MAY AFFECT THEIR ELIGIBILITY TO ACCESS/USE THE WEBSITE, CREATE AN ACCOUNT OR TO PARTICIPATE IN ANY TRANSACTION IN CONNECTION WITH THE WEBSITE. PROFESSIONAL LEGAL AND FINANCIAL ADVICE SHALL BE SOUGHT IN CASE OF ANY DOUBT.
2. Projects Proposals
2.1. The Website contains a “Create a campaign” and “Edit campaign” sections (the “Campaign Management”) where Registered Users may create and administrate a project to be invested into with information respective to their projects (the “ Campaign proposal”).
2.2. To the extent an Entrepreneur administrates the Project Proposal for its own venture, the Entrepreneur is solely responsible for such Project Proposal. This includes any formal control, updating, amending and deleting of any information contained in the Project Proposal. Entrepreneurs commit to ensure that none of the information contained in the Project Proposal is false or misleading.
2.3. Project Proposals are accessible to any User, including such Users who are not Registered Users, and any User may share the information contained in any Company Profile via social networks or otherwise. However, in order to invest into a Project Proposal, the Investor shall be a Registered User.
2.4. Entrepreneurs may submit Project Proposals through the Project Management, including financial and other data and information, pictures, video pitches, the time schedule of funding, the type of funding, the rewards against the Investors’ pledges of investments and any other content relating to their Project Proposals to Investors.
2.5. Types of funding are “Fixed” or “Flexible”. Investors understand and agree that under a “Fixed” type of funding, the Investors’ pledge(s) of investment into a Project Proposal will be reimbursed, if a Project Proposal does not reach the amount – goal of investment set by the Entrepreneur at a specific deadline, whereas under a “Flexible” type of funding, the Investors’ pledge of investment into a Project Proposal will not be reimbursed, if a Project Proposal does not reach the amount – goal of investment set by the Entrepreneur at a specific deadline.
2.6. In the situation where equity is defined as reward by the Entrepreneur against an Investor’s pledge of investment, Investors can contact Idiap at firstname.lastname@example.org. Idiap will then put Investors into contact with Entrepreneurs. Investments against equity as reward shall be subject to a separate agreement between Investors and Entrepreneurs. Idiap makes expressly Entrepreneurs aware that Entrepreneurs with ventures located in Switzerland shall publish an issue prospectus pursuant to Art.
652a of the Swiss Code of Obligations.
2.7. Idiap makes expressly Investors aware and Investors acknowledge that investments involve significant risks and the value of any investment may increase, decrease or be lost at any time. Idiap strongly recommends Investors not to rely solely on Project Proposals but to obtain relevant and specific professional advice and to conduct a complete due diligence before making any investment.
2.8. Idiap takes a commission fee of 5 % on all the donations. This commission fee will cover the PayPal fees and other bank charges on every transaction.
3. Liability and warranties
3.1. To the extent permitted under applicable law, Idiap, its affiliates, partners, directors, officer or employees (together herein referred as “Idiap’s Person”), shall not be held liable for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access/use of the Website, including authorized or unauthorized third party access/use of Accounts, or any reliance on any of the content provided on the Website. In particular, Investors acknowledge that any investment, is made at the Investor’s own risk.
3.2. Users shall hold Idiap and Idiap’s Persons harmless against any damage arising from the Users’ access/use of the Website. In particular, Users shall indemnify Idiap and Idiap’s Persons for, and hold Idiap and Idiap’s Persons harmless from, any claim (including legal and attorneys’ fees) by any third party in connection with the Users’ access/use of the Website, including authorized or unauthorized third party access/use of Accounts.
3.3. Idiap uses reasonable efforts to obtain information and content from sources which Idiap believes to be reliable. However, Idiap does not endorse, support, represent or warrant for accuracy, completeness or reliability of any content, information, opinion or forecast provided on the Website by the Users. In addition, Idiap disclaims all warranties of any kind whether express or implied. Idiap does not solicit any offer, or advice or recommend to buy or sell interest in any project or to conclude any transaction of any kind whatsoever.
3.4. Idiap does not warrant for uninterrupted and/or error-free availability and/or accessibility of the Website, nor for continuous availability of information once provided on the Website at all times.
3.5. Idiap reserves its right to temporarily or definitively, partially or completely block, or cancel any Account at any time for any reason and without notice. Idiap disclaims all liability for the loss of any content and any other loss, loss of profit or any other damage that might arise in connection with the blocking or cancellation of any Account.
3.6. The Website may contain links to other websites. Idiap is not responsible for the content, accuracy or opinions on such websites and such websites are not investigated, monitored or checked for accuracy or completeness.
4.1. Idiap collects and processes a variety of information provided by and collected from Users. Such information may include a log of all IP addresses accessing the Website, information regarding the User activity on the Website, Users’ location information, personal and other information provided in the registration process, information contained in Project Proposals, information regarding investments made by Investors and accepted by Entrepreneurs, messages exchanged between Users and Idiap, information collected from third parties and other websites, such as social networks, and any other information Idiap obtains through operating the Website (“User Information”).
4.2. Idiap processes User Information in order to customize the content and information on the Website, conduct analysis and research, improve products and services and
may provide anonymous statistics to third parties. Therefore, the User’s Internet browser shall allow the Website to install “cookies” (anonymous text files) on the User’s electronic device. Users may block “cookies” via the settings of their Internet browser. Blocking “cookies” may affect the proper functioning of the Website.
4.3. IDIAP MAY TRANSFER AND MAINTAIN USER INFORMATION WITHIN SWITZERLAND AND/OR TO/IN OTHER COUNTRIES OUTSIDE OF THE USER’S STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN THE USER’S JURISDICTION. IN SUBMITTING SUCH USER INFORMATION, THE USER SPECIFICALLY AGREES TO THAT TRANSFER FOR STORAGE, PROCESSING AND USE BY IDIAP, ITS PARTNERS, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS.
4.4. Idiap uses industry-standard security measures to protect User Information against loss, misuse and alteration. Idiap stores User Information in a secure operating environment that is not available to the public, but the User agrees that Idiap cannot guarantee for complete User Information’s security and protection.
4.5. Idiap reserves its right to disclose User Information in the event of a warrant, court order or legal action requiring Idiap to disclose such information or if Idiap considers disclosure necessary in order to comply with any applicable law or to protect its rights and other interests, such as to prevent fraud or imminent harm and ensuring the security of Idiap’s network.
4.6. Users may at any time contact Idiap with the help of the contact form on the Website or at email@example.com in order to ask for correction or cancellation of wrongful or misleading information relative to such User. Idiap will in such case verify whether such User Information is wrongful or misleading and decide accordingly to keep, correct or cancel such information, unless otherwise required by any applicable law.
5. Intellectual property
5.1. Idiap owns the copyright and all intellectual property rights on content published on the Website by Idiap or has acquired an appropriate license to publish such content on the Website.
5.2. Users grant Idiap a worldwide, non-exclusive, royalty-free, perpetual license on content they provide to Idiap in order to use such content in connection with the Website. Users declare and represent that the provision of such content to Idiap does not, and Idiap’s use of such content in connection with the Website will not, infringe any third party rights.
5.3. In addition, Users grant Idiap a worldwide, non-exclusive, royalty-free, perpetual license to use their trade names and trademarks in order to market the Website, in particular by referring to such Users’ use of the Website.
5.4. Idiap allows its Users to share Website content for non-commercial purposes provided that such Users refer to the Website when sharing such content. Users shall not share any content provided on the Website for commercial purposes without Idiap’s prior written consent.
5.5. Users who think that the provision of any content on the Website infringes any copyright or other intellectual property right may at all times contact Idiap at webmaster at idiap.ch and ask Idiap to remove such content from the Website.
6. Duration and termination
6.1. The ToU are applicable to any User as long as such User continues to use the Website or to maintain an Account, if any.
6.2. Subject to Section 6.3., Users may at all times terminate their relationship with Idiap governed by these ToU by ceasing their use of the Website and cancelling their Account, if any.
7. Governing law and jurisdiction
7.1. The ToU shall be governed by Swiss law without giving effect to its conflict of law rules.
7.2. Any controversy, claim or dispute between a User and Idiap arising out of or in relation with these ToU and the access/use of the Website shall be irrevocably submitted to the exclusive jurisdiction of the competent ordinary courts of the Canton of Wallis, Switzerland, unless required otherwise by any mandatory applicable law.
If you have questions or suggestions about these ToU, please contact Idiap using information below:
Foundation of the Idiap Research Institute
Centre du Parc
Rue Marconi 19
Case postale 592
Phone: +41 27 721 77 11
Fax: +41 27 721 77 12 firstname.lastname@example.org
Date of issue: August 07, 2019
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