APP TERMS AND CONDITIONS - WHATWEWANT LTD - TERMS FOR THOSE SEEKING BACKING

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use WhatWeWant (“Our App”). Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our App immediately.

1. Definitions and Interpretation

1.1

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means an account required to access and use Our App, as detailed in Clause 5;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;
“User”	means a user of Our App;
“User Content”	means any of your information that is created and/or uploaded by Users in or to Our App; and
“We/Us/Our”	means WhatWeWant Ltd, a limited company registered in England under company number 11779337, whose registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH.

2. Information About Us

2.1

Our App is owned and operated by WhatWeWant Ltd, a limited company registered in England under company number 11779337, whose registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH.

2.2

We are not authorised or regulated with the Financial Conduct Authority, or any other regulator, on the basis that Our App provides a platform for you and other users to participate in donation-based crowdfunding, where users give money to initiatives that they want to support, and this is not a regulated activity.

3. How Our App Works

3.1

We provide a funding platform for the purchase of day-to-day items and gifts, including but not limited to gadgets, holidays etc (each a “Project”). When you post a Project on Our App, you are inviting other people to form a contract with you. Anyone who backs this Project is accepting your offer, and you will both form a contract.

3.2

We are not party to the contract referred to in Clause 3.1. Such contract is a direct legal agreement between you and the person who backs you (a “Backer”). The terms of the contract between you and the Backer are set out in Clause 5 below.

3.3

You may choose to refund individual pledges if you want. After your Project has been funded, you can cancel and refund a Backer’s pledge at any time. If you do, you have no further obligation to that Backer, and no agreement exists between you. In the event of a refund, you agree to be liable for any associated costs or repayment of funds, where the funds have been sent from your eWallet.

3.4

Some pledges can’t be collected, for instance where a Backer’s credit card has expired before the funding ends and updated information is not provided, and this might reduce the amount of funding for your Project. We therefore cannot guarantee the amount of funding you receive for a Project.

3.5

If a Backer of your Project disputes the charge with their card issuer, we will assist you in dealing with the card issuer. You will be notified that a dispute has been filed, and will be able to provide evidence to help us to resolve the dispute. If the cardholder’s dispute is found to be valid, you authorise MangoPay to charge your card with the amount to be refunded to the cardholder.

3.6

Do not assume you will be able to proceed with the Project when you want, as there may be issues that take time to resolve. You may not be able to immediately collect your funding, as there could be a delay between the campaign completing and when you can access the funds. If you take any action in reliance on collecting such funds, we cannot be held responsible for this.

3.7

You acknowledge and agree that We may remove any Project from Our App which concerns illegal items which may not be sold in any particular jurisdiction. Such examples include, but are not limited to, Projects involving drugs, firearms, ivory, tiger skin etc.

3.8

We are not responsible for a decision made by a Backer to invest in the Project. Such decision is the sole decision of the Backer, and it is the Backer’s decision as to whether to invest in the Project or invest elsewhere.

3.9

In proceeding with using Our App, and thereby accepting these Terms and Conditions, you hereby declare that the source of the funds used on Our App is not illegal, and undertake not to use this source for an illegal or fraudulent activity, including but not limited to money laundering or terrorist financing.

3.10

We are under no obligation to, and in any event do not have the technical measures to, ensure the validity and/or accuracy of the identity of any persons registering on Our App. As a result, we are not liable in any circumstances for your identity being usurped, whether via Our App or otherwise. If you have reason to believe that a third party is fraudulently using your user ID or account, you must inform us immediately.

4. Access to Our App

4.1

Access to Our App is free of charge, although we do charge transaction fees in accordance with Clauses 4.5 to 4.8.

4.2

It is your responsibility to make any and all arrangements necessary in order to access Our App.

4.3

We may from time to time make changes to Our App:

4.3.1

Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App;

4.3.2

Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App; and

4.3.3

We may develop and improve Our App over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.

4.4

We will always aim to ensure that Our App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.3. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our App.

4.5

We charge a transaction fee of 3% on all successfully withdrawn projects, although this transaction fee can vary depending on your location. If your Project is successfully funded, we take this fee via our payment partner (currently MangoPay SA, 2 Avenue Amelie, L-1125 Luxembourg) (“MangoPay”). Our transaction fee is taken before funds for a Project are transferred to your account.

4.6

We will not collect any transaction fees without giving you a chance to review and accept them. If our fees change, we will announce this on Our App.

4.7

MangoPay is its own company, and we are not responsible for its performance. When you agree to pay your transaction fee to us via MangoPay, you agree to comply with MangoPay’s terms and conditions, which can be found on its website https://www.mangopay.com/

4.8

You are responsible for paying any additional fees or taxes associated with your use of Our App.

4.9

MangoPay is responsible for collecting and transmitting all funds sent and received via Our App, and accordingly, any delays in sending or receiving funds should be dealt with directly with MangoPay.

5. Specific Terms between you and a Backer

5.1

When a Project is successfully funded, you must complete the Project and fulfil each element of what you have agreed to provide. Once you have done so, you have fulfilled your obligation to the Backer.

5.2

You owe Backer honest communication and will provide updates on the Project. Backers will also understand that, when they back a Project, there may be unavoidable delays, and something could happen that prevents you from proceeding with the Project.

5.3

If you are unable to proceed with the Project, you have not obliged with the terms of these Terms and Conditions. You must therefore make reasonable efforts to find another way to proceed with the Project. You have remedied the situation if:

You post an update explaining how the Backer’s funds were used, and why you have not been able to proceed with the Project;

You work diligently and in good faith to proceed with the Project;

You demonstrated that you used the Backer’s funds appropriately and made all reasonable efforts to proceed with the Project;

You’ve been honest and made no material misrepresentations to the Backers; and

You offer to return remaining funds to the Backers, or explain how the funds will be used to proceed with the Project in a different way.

5.4

You understand that a Backer may bring legal action against you for failing to satisfy these Terms and Conditions.

6. Accounts

6.1

An Account is required to use Our App.

6.2

You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use Our App, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

6.3

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

6.4

We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.

6.5

You must not use anyone else’s Account.

6.6

Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 18.

6.7

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing Your account will also remove any User Content that you have created from Our system.

7. Our Intellectual Property Rights and Licence

7.1

We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App to allow users to connect with Backers to seek funding for particular projects, subject to these Terms and Conditions

7.2

Subject to the licence granted to Us under sub-Clause 7.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).

7.3

All other Content included in Our App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

7.4

By accepting these Terms and Conditions, you hereby undertake:

7.4.1

Not to copy, download or otherwise attempt to acquire any part of Our App;

7.4.2

Not to disassemble, decompile or otherwise reverse engineer Our App;

7.4.3

Not to allow or facilitate any use of Our App that would constitute a breach of these Terms and Conditions; and

7.4.4

Not to embed or otherwise distribute Our App on any website, ftp server or similar.

8. Links to Our App

8.1

You may link to Our App is hosted provided that:

8.1.1

You do so in a fair and legal manner;

8.1.2

You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

8.1.3

You do not use any of Our logos or trade marks (or any others displayed on Our App) without Our express written permission; and

8.1.4

You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

8.2

You may not link to Our App from any other website the content of which contains material that:

8.2.1

Is sexually explicit;

8.2.2

Is obscene, deliberately offensive, hateful or otherwise inflammatory;

8.2.3

Promotes violence;

8.2.4

Promotes or assists in any form of unlawful activity;

8.2.5

Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

8.2.6

Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

8.2.7

Is calculated or is otherwise likely to deceive another person;

8.2.8

Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;

8.2.9

Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);

8.2.10

Implies any form of affiliation with Us where none exists;

8.2.11

Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or

8.2.12

Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9. Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

10. User Content

10.1

You agree that you will be solely responsible for any and all User Content that you create or upload using Our App. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 12.

10.2

You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 12.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.

10.3

You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating Our App.

10.4

If you wish to remove User Content, you may do so by emailing us directly. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 12.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

11. Intellectual Property Rights and User Content

11.1

All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

11.2

Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.

12. Acceptable Usage Policy

12.1

You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1

You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

12.1.2

You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3

You must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

12.1.4

You must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2

The following types of User Content are not permitted on Our App and you must not create, submit, communicate or otherwise do anything that:

12.2.1

is sexually explicit;

12.2.2

is obscene, deliberately offensive, hateful, or otherwise inflammatory;

12.2.3

promotes violence;

12.2.4

promotes or assists in any form of unlawful activity;

12.2.5

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

12.2.6

is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7

is calculated or otherwise likely to deceive;

12.2.8

is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

12.2.9

misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

12.2.10

implies any form of affiliation with Us where none exists;

12.2.11

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

12.2.12

is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3

We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

12.3.1

Suspend, whether temporarily or permanently, your Account and/or your right to access Our App;

12.3.2

Remove any of your User Content which violates this Acceptable Usage Policy;

12.3.3

Issue you with a written warning;

12.3.4

Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

12.3.5

Take further legal action against you as appropriate;

12.3.6

Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

12.3.7

Any other actions which We deem reasonably appropriate (and lawful).

12.4

We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

13. Advertising

13.1

We may feature advertising within Our App and We reserve the right to display advertising on the same page as any User Content.

13.2

You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

13.3

We are not responsible for the content of any advertising in Our App. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Our App including, but not limited to, any errors, inaccuracies, or omissions.

14. Disclaimers

14.1

No part of Our App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to entering into a contract with another user of Our App.

14.2

Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

14.3

We make reasonable efforts to ensure that the Content contained within Our App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our App (and the Content therein) is complete, accurate or up-to-date.

14.4

NIf you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

14.5

We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Our App. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

15. Our Liability

15.1

If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill.

15.2

If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our App.

15.3

To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.

15.4

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content (including User Content) included in Our App.

15.5

If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

15.6

We exercise all reasonable skill and care to ensure that Our App is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.

15.7

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

15.8

Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

16. Viruses, Malware and Security

16.1

We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware. We do not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 16.6.

16.2

You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

16.3

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.

16.4

You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.

16.5

You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means

16.6

By breaching the provisions of sub-Clauses 16.3 to 16.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

17. Privacy and Cookies

The Use of Our App is also governed by Our Privacy and Cookie Policies, available from https://www.whatwewant.co.uk/privacypolicy.html And https://www.whatwewant.co.uk/cookiepolicy.html. These policies are incorporated into these Terms and Conditions by this reference.

18. Data Protection

18.1

All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights and Our obligations under that Act.

18.2

We may use your personal information to:

18.2.1

Reply to any communications that you send to Us; and

18.2.2

Send you important notices, as detailed in Clause 19.

18.3

We will not pass your personal information on to any third parties without first obtaining your express permission to do so.

19. Communications from Us

19.1

If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our App, and changes to your Account.

19.2

We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

19.3

For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at support@whatwewant.co.uk.

20. Other Important Terms

20.1

We may transfer (assign) Our obligations and rights under these Terms and Conditions. If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

20.2

You may not transfer (assign) your obligations and rights under these Terms and Conditions without Our express written permission.

20.3

This contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

20.4

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

20.5

No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

21. Changes to these Terms and Conditions

21.1

We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our App after the changes have been implemented. You are therefore advised to check this page from time to time.

21.2

In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

22. Changes to these Terms and Conditions

To contact Us, please email Us at support@whatwewant.co.uk or by using any of the methods provided on

23. Law and Jurisdiction

23.1

These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

23.2

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.

23.3

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

23.4

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

APP TERMS AND CONDITIONS-WHATWEWANT LTD-TERMS FOR THOSE SEEKING TO BACK PROJECTS

BACKGROUND:

1. Definitions and Interpretation

1.1

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means an account required to access and use Our App, as detailed in Clause 5;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;
“User”	means a user of Our App;
“User Content”	means any of your information that is created and/or uploaded by Users in or to Our App; and
“We/Us/Our”	means WhatWeWant Ltd, a limited company registered in England under company number 11779337, whose registered address is 1st Floor, 24-26 Baltic Street West, London EC1Y 0UH.

2. Information About Us

2.1

2.2

3. How Our App Works

3.1

We provide a funding platform for the purchase of day-to-day items and gifts, including but not limited to gadgets, holidays etc (each a “Project”). When a user posts a Project on Our App, they are inviting other people (including you) to form a contract with them. If you back this Project, you are accepting their offer, and you will both form a contract.

3.2

We are not party to the contract referred to in Clause 3.1. Such contract is a direct legal agreement between you and the person who offers the Project (the “Offeror”). The terms of the contract between you and the Offeror are set out in Clause 5 below.

3.3

3.4

3.5

4. Access to Our App

4.1

Access to Our App is free of charge, although we do charge transaction fees in accordance with Clauses 4.5 to 4.8.

4.2

It is your responsibility to make any and all arrangements necessary in order to access Our App.

4.3

We may from time to time make changes to Our App:

4.3.1

4.3.2

4.3.3

We may develop and improve Our App over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.

4.4

4.5

We charge a transaction fee of 3% on all successfully funded withdrawn projects, although this transaction fee can vary depending on your location. If your Project is successfully funded, we take this fee via our payment partner (currently MangoPay SA, 2 Avenue Amelie, L-1125 Luxembourg) (“MangoPay”). Our transaction fee is taken before funds for a Project are transferred to your account.

4.6

We will not collect any transaction fees without giving you a chance to review and accept them. If our fees change, we will announce this on Our App.

4.7

4.8

You are responsible for paying any additional fees or taxes associated with your use of Our App.

4.9

MangoPay is responsible for collecting and transmitting all funds sent and received via Our App, and accordingly, any delays in sending or receiving funds should be dealt with directly with MangoPay.

5. Specific Terms between you and an Offeror

5.1

These are the terms that apply when you choose to back a Project.

5.2

You are only charged if the Project reaches its fundraising goal. You will provide your payment information when you pledge, but you will not be charged. Your payment will only be collected if, at the time of the Project’s funding deadline, the Project has reached its fundraising goal. The exact amount you pledged is the amount that we will collect. If the Project doesn’t reach its fundraising goal, you won’t be charged and no funds will be collected.

5.3

In some circumstances, MangoPay may reserve the charge on your card for any amount up to the full pledge, at any time between the pledge and the collection of funds.

5.4

You can change or cancel your pledge at any time before the Project’s funding deadline, except during the last 24 hours of the campaign (then you cannot cancel or decrease your pledge without contacting us first, if that would cause the Project to drop below its funding goals). Once the Project has been funded, you can only cancel or change your pledge by making arrangements directly with the Offeror.

5.5

We do not offer refunds. Responsibility for backing a Project lies entirely with you, and responsibility for providing the Project as agreed lies entirely with the Offeror. We do not hold any funds on an Offeror’s behalf and cannot guarantee that a Project will proceed. In the event that an Offeror chooses to refund you, you agree to be liable for any associated costs or repayment of funds, in the case where funds have been sent from your eWallet.

5.6

We advise you to seek financial, tax, legal or other independent advice before choosing to back any Project on Our App.

6. Accounts

6.1

An Account is required to use Our App.

6.2

6.3

6.4

6.5

You must not use anyone else’s Account.

6.6

Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 18.

6.7

7. Our Intellectual Property Rights and Licence

7.1

We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App to allow users to connect with other users to provide funding for particular projects, subject to these Terms and Conditions.

7.2

7.3

7.4

By accepting these Terms and Conditions, you hereby undertake:

7.4.1

Not to copy, download or otherwise attempt to acquire any part of Our App;

7.4.2

Not to disassemble, decompile or otherwise reverse engineer Our App;

7.4.3

Not to allow or facilitate any use of Our App that would constitute a breach of these Terms and Conditions; and

7.4.4

Not to embed or otherwise distribute Our App on any website, ftp server or similar.

8. Links to Our App

8.1

You may link to Our App is hosted provided that:

8.1.1

You do so in a fair and legal manner;

8.1.2

You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

8.1.3

You do not use any of Our logos or trade marks (or any others displayed on Our App) without Our express written permission; and

8.1.4

You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

8.2

You may not link to Our App from any other website the content of which contains material that:

8.2.1

Is sexually explicit;

8.2.2

Is obscene, deliberately offensive, hateful or otherwise inflammatory;

8.2.3

Promotes violence;

8.2.4

Promotes or assists in any form of unlawful activity;

8.2.5

Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

8.2.6

Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

8.2.7

Is calculated or is otherwise likely to deceive another person;

8.2.8

Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;

8.2.9

8.2.10

Implies any form of affiliation with Us where none exists;

8.2.11

Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or

8.2.12

Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9. Links to Other Content

10. User Content

10.1

10.2

10.3

10.4

11. Intellectual Property Rights and User Content

11.1

11.2

12. Acceptable Usage Policy

12.1

You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1

You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

12.1.2

You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3

12.1.4

You must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2

The following types of User Content are not permitted on Our App and you must not create, submit, communicate or otherwise do anything that:

12.2.1

is sexually explicit;

12.2.2

is obscene, deliberately offensive, hateful, or otherwise inflammatory;

12.2.3

promotes violence;

12.2.4

promotes or assists in any form of unlawful activity;

12.2.5

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

12.2.6

is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7

is calculated or otherwise likely to deceive;

12.2.8

is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

12.2.9

12.2.10

implies any form of affiliation with Us where none exists;

12.2.11

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

12.2.12

is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3

We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

12.3.1

Suspend, whether temporarily or permanently, your Account and/or your right to access Our App;

12.3.2

Remove any of your User Content which violates this Acceptable Usage Policy;

12.3.3

Issue you with a written warning;

12.3.4

Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

12.3.5

Take further legal action against you as appropriate;

12.3.6

Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

12.3.7

Any other actions which We deem reasonably appropriate (and lawful).

12.4

We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

13. Advertising

13.1

We may feature advertising within Our App and We reserve the right to display advertising on the same page as any User Content.

13.2

You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

13.3

14. Disclaimers

14.1

14.2

14.3

14.4

If you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

14.5

15. Our Liability

15.1

15.2

15.3

To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.

15.4

15.5

15.6

15.7

15.8

16. Viruses, Malware and Security

16.1

16.2

You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

16.3

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.

16.4

You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.

16.5

You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means

16.6

17. Privacy and Cookies

18. Data Protection

18.1

18.2

We may use your personal information to:

18.2.1

Reply to any communications that you send to Us; and

18.2.2

Send you important notices, as detailed in Clause 19.

18.3

We will not pass your personal information on to any third parties without first obtaining your express permission to do so.

19. Communications from Us

19.1

19.2

19.3

For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at support@whatwewant.co.uk.

20. Other Important Terms

20.1

20.2

You may not transfer (assign) your obligations and rights under these Terms and Conditions without Our express written permission.

20.3

20.4

20.5

21. Changes to these Terms and Conditions

21.1

21.2

22. Changes to these Terms and Conditions

To contact Us, please email Us at support@whatwewant.co.uk or by using any of the methods provided on

23. Law and Jurisdiction

23.1

These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

23.2

23.3

23.4