1. Scope of Applicability
The website wemakeit.ch is run by Wemakeit.ch Gmbh based upon a mandate of the non-profit association Wemakeit.ch. 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, http://wemakeit.org,http://wemakeit.at or http://blog.wemakeit.net using a web browser.
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 use rights remain with the project owners at all times. It is in the sole responsibility of the project backers whether they wish to support 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 to cover the transaction fees and the development and maintenance of the payment interface. This allocation to commission and fees applies as well if the financing goal is exceeded. If the financing goal cannot be achieved the project owner bears not costs and the payments made are refunded to the project backers, less the transaction fees.
The association wemakeit.ch is mandated by the project owner to collect the proceeds of project backers. For purposes of payment the e-payment gateway routes the project backers to the payment provider of their choice. The payments are made to the account of the association Wemakeit.ch and are held on trust for the duration of the project campaign. Refunds and payments are made via the account of the non-profit association Wemakeit.ch on the e-payment-Gateway. As a rule, refunds to project backers and payments to project owners are made within 30 days.
By exception, the amount transferred to a project owner may be smaller than the 90% of the financing goal:
- 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; or
- For other reasons.
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 with residence in a member state of the European Union are entitled to withdraw from the payment pledge within 14 days by written notification to wemakeit.com GmbH, Schöneggstrasse 5, 8004 Zurich, Switzerland, without the need to state any reasons for the withdrawal. The refunds are made with a payment to the account of the project backers chosen in the original payment.
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.