1. Scope of Applicability
The website wemakeit.ch is run by Wemakeit.ch GmbH. On the website http://wemakeit.com individuals and companies may present or financially support projects. Wemakeit.ch GmbH is hereinafter referred to as «operator», initiators of projects are hereinafter referred to as «project owners», users not logged-in are hereinafter referred to as «visitors», logged-in users are hereinafter referred to as «project backers».
Only individuals who are at least 18 years old (legal age) or legal entities may become project owners or project backers.
Visitors, project owners and project backers (together «users») agree to these General Terms and Conditions by using the website. Use means accessing http://wemakeit.com, http://wemakeit.ch, http://wemadeit.ch, http://blog.wemakeit.ch, http://wemakeit.net or http://blog.wemakeit.net using a web browser.
These General Terms and Conditions govern all contractual relationships with Wemakeit.ch GmbH Wemakeit.ch.
Contractual amendments on the use of special services for which a registration at wemakeit.com is necessary become legally effective upon successful registration or log-in by the user at wemakeit.com.
The operator reserves the right to amend these General Terms and Conditions at any time.
2. Scope of Services
Wemakeit.ch GmbH operates the website http://wemakeit.com on which visitors and project backers may discover and financially support projects. Such projects are submitted by project owners who are solely responsible for the content, the rewards offered as well as the implementation of the projects. All copyrights and usage rights remain with the project owners at all times. It is on the sole responsibility of the project backers to decide on supporting a project. The operator does not guarantee the successful financing or the implementation of a project.
3. Commission and Transaction Fees
After a successful project campaign on wemakeit.com, 90% of the total sums collected are transferred to the account of the project owner. The operator receives a commission of 6%. 4% are allocated for covering transaction fees and the development and maintenance of the payment interface. The above-mentioned allocation of commission and fees is applicable also in cases where the funding goal is surpassed. If the previously set funding goal is not achieved, the project owner will not bear any costs. The payments already executed are refunded to project backers.
Project owners and backers agree to wemakeit GmbH mandating independent third parties to collect payments from backers on a Swiss account. For that purpose, the e-payment gateway routes project backers to one of the payment providers. In case of campaigns lasting more than 50 days, the amounts already paid will be held in trust (escrow service) according to regulatory requirements by the association Fairgive, Hardturmstrasse 106, CH-8005 Zurich. As a rule, refunds to project backers and payments to project owners are executed within 30 days through the Swiss account of the association wemakeit.ch.
Project owners and backers are obliged to provide the operator with valid bank account details and a current address for payout of the project funds or for repayment of contributions. In case where payout or repayment cannot be effected because of missing valid information on project owners and backers, the operator will take reasonable measures to identify the project owner and backers. In case such reasonable measures remain unsuccessful even after one year after last contact with the project owner and backers, the operator is authorized to deduct appropriate compensation for the expenses incurred in relation with the reasonable measures and to donate the remaining amount to wemakeit.
In exceptional cases, the amount paid out may be less than 90% of the funding goal reached:
- in the event that credit cards deployed by the project backers cannot be charged;
- in the event that the amount pledged by a project backer is transmitted to the account of the non-profit association wemakeit.ch too late.
5. Personal Data
The user may enter personal data into his / her profile that are useful for the communication with other users.
At the time of submission of a project, project owners are requested to provide identification with an official document. The operator verifies that the information provided is accurate, if possible.
The operator reserves legal measures in the event false data is provided within the profile or the website.
6. Use of Data and Data Protection
The operator complies with the applicable data protection laws.
With his / her registration on wemakeit.com the user agrees to the following provisions on the use of his / her personal data:
The operator processes personal data of the users (in particular contact details such as surname, name, e-mail-address, address, telephone number) on its websites in order to ensure the functioning of wemakeit.com. Such personal data is created only by the information provided by users and the use of the services offered.
The user agrees to the digital storing of his / her personal data. The user agrees to the transmission of contact details to other users to facilitate the exchange of messages between the users. The users may process such personal data only for the purposes of the particular project at hand; a transfer to third parties is not permitted.
Further, the operator is entitled to transmit the data to the e-payment provider concerned if required for purposes of charging services against payment.
If a user makes use of the services of wemakeit.com, his / her data is masked and stored deploying cookies. The cookies do not contain personal data as such but rather support the functioning of the website.
In order to prevent abuse and fraud the operator is entitled to store the IP-addresses of the users.
The operator deploys appropriate organizational and technical measures to prevent the illicit processing of personal data. The operator processes the data exclusively for the purposes of providing the services for the users. The operator stores personal data only as far and as long as necessary.
7. Obligations of the Users
The user is solely responsible for the content of his / her registration and the information provided. The user represents and warrants that the information provided is accurate.
The user shall hold the operator harmless of any costs, claims, damages, losses or other claims that may derive from his / her registration or receipt of wemakeit.com services.
The user shall treat e-mails and any other exchanged messages confidential and shall make these available to third parties only after prior explicit consent of the sender. This applies in particular to surname, name, telephone number, address, e-mail-addresses and URL’s.
Further, the user shall not make any improper use of the services of operator, in particular:
- No dissemination of defaming, offensive or otherwise illicit material of information. This applies in particular to pornographic, racist, inciting or similar content.
- No introduction of data into the system that contain computer viruses (infected software) or software or other material, that potentially damages operator’s hard- or software.
- No publishing of copyrighted material unless the user is rightfully entitled to do so.
8. Special Obligations of the Project Owner
The project owner represents and warrants to the operator that he / she has the legal age and to identify himself / herself with an official document.
With the submission of information the project owner grants the operator a non-exclusive, worldwide, perpetual right to use the project information free of charge. The project owner grants the operator the right to store, publish, make available to the third parties the submitted project information (text, pictures, videos) as well as surname and name in the event that this serves the promotion of the project, the project owners or wemakeit.com. The operator is entitled to use and make available the project information as such, in part, in amended form, or in combination with operator’s own content.
The operator reserves the copyright in all of its own content on its websites. Copying or use of such content is permitted only with prior written consent of operator.
The operator is not responsible or liable for the up-to-dateness, the accuracy, the completeness or the quality of the information provided or the potential misuse of the information by third parties.
Any liability for economic, personal or intangible damages that derive from the use of wemakeit.com is explicitly excluded.
All offers are without obligation and non-binding. The operator endeavours to ensure the provision of the services but cannot warrant the uninterrupted availability. Any liability for technical transmission delays or outages is excluded.
The operator reserves the right to amend or suspend the services or parts thereof temporarily or definitively at any time.
The operator is not liable for the illicit use of personal data by third parties.
The operator is not liable for hyperlinks that are beyond operator’s responsibility. In the event the operator gains knowledge of a hyperlinking to websites with illicit content the operator will take all reasonable measures to delete such links.
If any provision of these General Terms and Conditions is found to be unenforceable or invalid, the validity of the remaining provisions or the validity of the contract shall not be affected. The invalid or unenforceable provision shall be replaced by the parties with a valid and enforceable provision which shall correspond with the original provision in its economic aim. The same applies to any potential gaps within the contract.
12. Right to Withdrawal
Project backers are entitled to withdraw payment within 14 days without stating any reasons as long as the project has not already been paid out. Projects are usually paid out 7 days after the campaign ends. Notification of withdrawal must be submitted in writing to wemakeit.ch GmbH Schöneggstrasse 5, CH-8004 Zurich and with a copy to firstname.lastname@example.org. Reimbursements are credited to the account of the backer using the payment method originally selected.
13. Jurisdiction, Applicable Law
Swiss Law shall apply to these General Terms and Conditions and any further agreements the user enters into with the operator. Place of jurisdiction is Zurich.
Current version: 1st March 2018