FANS4CLUB.COM Terms and Conditions
1. This Terms and Contions define the conditions of usage of the crowdfunding website located at http://www.fans4club.com/, owned by Fans4Club sp. z o. o., . Karola Libelta 29a/9, 61-707 Poznań, Poland, registered by the District Court in Poznan – Nowe Miasto i Wilda, 7th Business Department – National Court Register, with the number 0000506855, VAT UE: 7831712178, REGON: 302705646, e-mail: firstname.lastname@example.org
2.The legal basis for these Terms and Conditions are in particular:
a) Act of 18 July 2002 on electronic services - (Dz. U. z 2002 r., Nr 144, poz. 104)”,
b) Act of 23 April 1964 - the Civil Code - (Dz. U. z 1964 r., Nr 15, poz. 93 z późn. zm.)”
c) The Act of 29 August 2002 of the protection of personal data - (Dz. U. z 2002 r., Nr 101 poz. 926)”.
d) Consumers Rights Act of 30 May 2014 (Journal of Laws of 2014, Item 827).
3. For the purposes of these Terms and Conditions the following meaning is attributed to the following expressions:
a) Service Provider - Fans4Club sp. z o. o. Karola Libelta 29a/9, 61-707 Poznań, Company Number: 0000506855, VAT UE: PL7831712178, REGON: 302705646,
b) Service - crowdfunding website located at http://www.fans4club.com/ used to support creative projects from the various areas of living, which is owned by the Service Provider;
c) User - a person over 18 years of age, legal person or an organization having legal capacity, using the Service;
d) Promoter - User (person whose objective is to participate in sports games or legal entity which objective is to carry out objectives in the sport domain, runned in the form of sports joint – stock company, association, including physical culture associations, sports federation, sports club etc.) who publishes on the Service its draft Project and offers Awards to the Supporters;
e) Supporter - User supporting voluntariuly Projects in exchange of Awards;
f) Project - ideas and proposals for projects designed to achieve a particular purpose, presented by the Promoter in order to raise funds for their implementation;
g) Awards - mutual benefits (including products, services, rights) offered by the Project Promoters to Supporters in connection with the financial support granted by the Supporters;
h) Agreement - agreement for the provision of services electronically concluded between the Service Provider and the User;
i) Account - Individual User Account, which is accessed via login and password;
j) Data - User data, including personal data, processed in order to implement the Agreement or for the marketing purposes; in case of User being simultaneously a Supporter – data, including personal data, processed for the purposes of execution of the agreement between User and the Promoter.
k) Registration – activity consisting in providing Data by the User that are necessary to use the Service;
l) Registration form - electronic registration form used for registering a User;
m) Payment - making a financial contribution by the Supporter in exchange for the receipt of the Award.
n) Success achieved Project – Project, during the duration of which, single monteray unit relevant for the Promoter has been achieved, but in any case no less than a minimun amount prescribed by the Promoter.
o) Service - Account registration and making it effectively possible by the Service Provider for the User to give financial support to a Project of the User's choice and to choose the Prize in return.
General conditions of services provided via electronic means
1. Use of Service consist in using IT system that provides processing and storage as well as sending and receiving data via telecommunications networks, according to the Law on electronic services.
2. In order to use the Service, the User should have a device with access to the Internet and a web browser, and additionally – for the purposes of supporting the Project – active e-mail address.
1. To set up a User account, User should click „Register“ button in the upper menu of the Service and thereafter:
a) complete the registration form (passing his e-mail address), or
b) register via social networking account in social media portal "Facebook" or “Twitter”.
3. Following registration User receive via e-mail an activation message.
4. Upon completion of the registration, Agreement for the provision of services is concluded between the User and the Service Provider.
5. Following logging in ont its Account, User is able – using addidional to registration formular – indicate Data and information required by the Service Provider. Service Provider inform, that without this Data, conclusion of Agreement on the financial support of the Project with the Promoter is not possible.
6. User is obliged to provide true Data and bears the full responsibility for that.
7. User Data can be processed only with his permission. This rule also applies to publication of Data on the Service website, that concern Projects supported financially by the User.
8. Within 14 days of the conclusion of the Contract specified in Point 4 above, subject to Point 9, the User may terminate the Contract earlier without specifying the reason, by lodging a statement in an electronic form (to the e-mail address: email@example.com) or in a written form (to the registered address of the Service Provider). The statement may be made on the statement form available on the Website, but it is not mandatory. In case of the written form - the deadline for making the early termination statement is the date of posting the letter before expiry of that period. In case of sending the early termination statement by e-mail, the Service Provider will send a confirmation of receipt of the early termination notice to the e-mail address indicated by the User.
9. The Contract may not be terminated earlier, if the User is not a consumer or when the Service Provider has fully performed the Service before expiry of the 14-day period from the conclusion of the Contract by making it possible for the User to give financial support to a Project upon the User's explicit consent. The Supporting Party who is a consumer is not entitled to withdraw from the Project support that has already been made if the Award is a service performed for the Supporting Party within 14 days after completion of the support, as well as in a situation where the Award is a non-prefabricated item that is produced by the order of the Supporting Party or to satisfy any personalized needs of the Supporting Party (e.g. a t-shirt with an authograph of the Supporting Party's choice, a flag with a photograph or image indicated by the Supporting Party).
10. The User, by accepting the Rules and registering the Account, as well as by supporting the Project each time, consents to the Service performance by the Service Provider prior to the deadline for earlier termination as indicated in Point 8 above. After the Service performance is completed in the above mentioned period, the User loses the right to terminate the Contract earlier.
Entry of Projects
1. The aim of the Service, is to enable Promoters, to run a campaign to fund their Projects.
2. To submit Projects, User is obliged to register a Users Account in the Service, thereafter fill in the following information and submit an account for acceptance:
a) name of the Promoter,
d) city, country,
e) background photo,
f) emblem or logotype,
g) contact data.
3. Following registration of the User Account and its acceptance by the Service Provider, User can submit Projects.
4. To submit a Project for realisation, User perform activities set out in clauses 5,6 and 9 below and clicks the button “Submit Project for realisation”.
5. Promoter of the Project is required to provide:
a) the title of the Project,
b) description of the Project,
c) the purpose of the project,
d) specify the amount that the Promoter desires to collect (please however note, that the collection of the said amount is not a condition of classifying the Project as Success achieved Project) that cannot be less than single monetary unit relevant for the Promoter,
e) time to collect funds to support the implementation of the Project,
f) Awards description, their amount and value of financing relevant to each Award.
6. In order to submit a Project for realisation, User, depending on the accessibility of the services of the payment services providers, shall:
a) conclude with a payment services provider a suitable agreement cooperating with the Service Provider and execute verification payment in the amount of single basis monetary unit in a given country or in the EU (1 PLN, 1 USD, 1 GBP, 1 EUR for instance) from the Promoter's account onto the Service Proivder's account of its payment service provider and provide an account's identifier by the payment services provider,
b) execute verification payment in the amount of single basis monetary unit in a given country or in the EU (1 PLN, 1 USD, 1 GBP, 1 EUR for instance) from the Promoter's bank account onto the Service Proivder's bank account and provide a bank account's identifier.
Verification payments shall be transferred back within 5 working days from the completion of the Project onto the Promoters bank account.
7. The Project, reffered by the Promotor, may be accmopanied by images and videos illustrating the Project.
8. Promoter shall indicate and assure Awards being in consideration of the financial support, that Project Supporters recive.
9. Promoter shall also indicate an approximate date of delivery and/or date and time of receipt of Awards, not later than six (6) calendar months. Delivery date is counted from the completion of the Project. Promoter is responsible for timely delivery of Awards. Promoter is also obliged to follow consumer protection provisions in case of purchasing Awards by Users being consumers.
10. Service Provider is empowered to request from the User information and documents concerning the Project, other than specified in points 5 – 9 above. Following completion of all required information and documents about the Project, the Project is being accepted by the Service Provider.
11. Service Provider is empowered to refuse acceptance of the Project, if:
a) it contains sexually explicit content,
b) it contains illegal or immoral content or performance of which are dependent on a very special legal conditions,
c) implementation of the Project involves the production or the Promoter proposes the as Awards: alcohol, automotive products, baby products, cosmetics, coupons, discounts, gift cards, drugs, tobacco, medical supplies, medicines, energy drinks, firearms weapons, knives, dietary supplements, pets, gadgets, sexually explicit material and other, if the Service Provider considers that their implementation or rotation may pose a threat to life or health, to be contrary to law or morality,
d) there are other reasons, on the basis of which the Service Provider considers that the implementation of the Project does not correspond to the idea of the Service .
12. Service Provider shall accept or refuse to accept the project and inform Promoter about that by electronic means within 7 working days from notification of the Project for approval.
13. Promoter shall have a right to appeal from the negative decision concerning the acceptance of the Project, as specified in § 9 of this ToC.
14. At the moment of acceptance, the campaign to finance the Project is being commenced, if the User did not set another term.
15. Campaign runs for the period specified by the Promoter.
16. A Project is considered to be completed regardless of the amount of collected funds. In case the assumed funds are not collected, it is the Project Promoter's exclusive decision whether to implement the Project.
17. Promoter promises at his cost and risk to provide to all Supporters reciprocal benefits (Awards) in respect of his Success achieved Project and is responsible for any claims whatsoever in this respect.
18. Promoter shall fulfill all necessary tax and custom formalities that he is obliged to fulfill in respect of Project realisation and in respect of obligation against the Supporters.
Support of Projects and Promoters
1. In order to support any campaign, Supporter selects the interesting project and then clicks the icon “Step into the Game"
2. Supporter determines the amount of chosen Awards in respect of amount to be granted and, clicks an active icon „Pay“. Supporter shall be redirected automatically to the online payment service.
3. The minimum amount Supporters can support project is one monetary unit relevant to the Promoter, but no less than a minimum amount (Award value). Each payment is automatically increased by a payment service provider fee, including exchange rate fee (if payment is made in other currency than Project's currency).
4. For the executed payment, the Promoter shall award the Supporter with an established Award. The Supporter is responsible to arrange any relevant custom, tax and payment formalities in his country of receipt. Information on the executed payments and supported Projects by the Supporter are laid down in the Account of each Supporter. Notwithstanding the above, directly after the Project is supported, the Supporter receives electronically (via an indicated e-mail account) automatic confirmation of the provided support.
5. Z chwilą wsparcia Projektu, zostaje zawarta umowa pomiędzy Wspierającym a Projektodawcą. Z tą samą chwilą, Wspierający wyraża zgodę na przekazanie Projektodawcy jego Danych (imię i nazwisko, firma, adres zamieszkania lub siedziby, nr telefonu, e-mail) celem wykonania przez Projektodawcę umowy zawartej ze Wspierającym, w tym dostarczenie Nagrody.
With the support of the Project, a contract between Supporter and Promoter is concluded. At the same moment, Supporter agrees to provide to the Promoter its personal Data (name, company, address of residence or business , telephone number , e- mail ) so that Agreement between Supporter and Promoter could be performed, including the delivery of the Award.
6. User supporting the Project indicates whether the list of Supporters published by the Service Provider on the website of the Service for the relevant Project , shall contain details of Supporter (name, place of residence , profile photo ) or the Supporter wants to remain anonymous on such a list.
7. The collected amount is subject to payment service provider deductions (if applicable) and a provision fee of 10% payable to the Service Provider. Services provided by the Service Provider to the Supporters are free of charge.
8. Payments executed by Supporters are transferred to the account of the respective Promoter at the relevant payment services provider or onto the Service Provider's account at the payment services provider, subject to deduction of the amounts indicated in point 7 above. In this latter case, Service Provider shall order payment of the colleted funds to the Supporter, within 5 working days following the Project completion. If there is no possibility to provide Awards in the Project, especially due to insolvency (or any other proceeding of this nature), liquidation or exclusion of the Supporter from the relevant games, the Promoter is obliged to transfer back all the collected amounts to the Supporters at its own cost and risk.
9. Promoter is obliged to promptly inform the Service Provider of any event affecting or likely to affect the Project or the performance of a campaign or the performance of agreements with the Supporters. The occurrence of such events, including those described in the third sentence of point 8 above, the Service Provider is entitled to remove the Project form the Service.
10. You can support on a non-financial basis registered Promoter by joining the ranks of his fans. Support of such Promoter is implemented by the User by posting his profile picture within registered fans of such entity in the Service.
Use of Service
1. It is prohibited to use the Service in a manner inconsistent with the provisions of this
Regulations, applicable law, morality, or principles of social coexistence.
2. Copying, reproduction or use of even a portion of the Service content without prior written consent of the Service Provider is prohibited.
3. User is not entitled to provide services to other persons, in whole or in part or to the development of similar services provided by the Service Provider as a model or other act which infringes copyright and other intellectual property rights.
4. User agree to refrain from any action aimed at hindering, destabilization of the Service or impede use of the Service to other users.
5. User agree not to post on the Service, in particular in its profile and comments, vulgar, sexually explicit, racism content, persecution on ethni, cultural or religious grounds, promote or encourage criminal activities, violation the rights of third parties, including intellectual property rights or constitute another form of infringement of legally protected goods.
6. User agree not to send to other users marketing messages, including representing unsolicited commercial information within the meaning of the Act on electronic services.
7. User, including Promoter, declares that all graphic files, movies, entries in the Service were published by him in accordance with the law , in particular, that the User has relevant copyrights / licenses and that its action does not infringe the rights of third parties.
8. By posting graphical files, movies, posts or other materials, the User grants to the Service Provider a royalty-free, perpetual, non-exclusive license to use, record and reproduce as well as publicly perform, display, reproduce and make available in such a way that everyone can have access to them in time and place of their choice. The Project Promoter especially authorizes the Service Provider to use their logo or trademark freely on the Website and in the Service Provider's marketing activities.
9. User has the right to edit files, movies, speeches, or other materials and Data provided by him through their correction, supplementation or deletion. However, based on the license, which the User grants by accepting this Terms and Conditions, files, videos, or other materials may still be available on the Service with such a change, if the origin from the certain User shall not be indicated.
1. Users are obliged to use the Service in a manner consistent with the provisions of these Terms and Conditions, applicable law and the rules of social coexistence.
2. In case of violation of this Terms and Conditions, the provisions of law or other goods protected by law, Service Provider reserves the right to disable User Account or disable User access to the part of services available on the Service and – in the most gross cases - remove the User Account if the User does not comply with the said rules on the basis of a prior and ineffective notice to do so. In such a case, the Agreement for the provision of the Services is being terminated without any further notice.
1. Service Provider is committed to provide the highest quality of the Service.
2. User acknowledges that due to the technical configuration of the equipment with which the User is using the Service, certain features of the Service may be inaccessible.
3. Service Provider reserves the right to temporarily disable the operation of the Service at any time for maintenance, updates or technical improvements purposes, or to broaden the content of the Service, subject to prior information on the Service website.
4. Service Provider reserves the right to transfer any rights to the Service, to its total liquidation or discontination of the Services in part or in whole.
5. Service Provider is not responsible for the content and the form of data posted by Users on the Service.
6. Regulation of § 8.5 above shall not apply if Service Provider becomes aware of the illegal nature of such Data, or if such Data are contrary with other regulations of this Terms and Conditions.
7. Service Provider is not responsible for the dissemination of User's Data made by other Users, if it was in violation of the provisions of this Terms and Conditions or applicable law.
8. Service Provider is not responsible for the effectiveness of payment transactions. Any comments relating to the conduct of payment transactions, Users shall report directly to the respective payment service provider.
9. Service Provider does not supervise the execution and timing of Projects contained in the Service and delivery of Awards and is not responsible in this respect whatsoever. Service Provider is not a party to the Agreements concluded between the Supporters and the Promoters while using the Service and therefore does not guarantee ability to conlude nor to perform them. Supporters are empowered to claim rights related to conclusion and execution of the said Agreements solely against the Promoter.
10. Service Provider reserves the right to suspend, interrupt or cancel the Project if he becomes aware that his execution would constitute a violation of the provisions of this Terms and Conditions, any applicable law or the rules of social coexistence.
11. In case of suspension of the Project campaign, campaign period may be extended by the time for which the Project was suspended.
12. The Service Provider declares that he is the provider of Service, so that campaigns to finance Project could be effected, and thus is not a party to contractual relations arising between Supporters and Promoters.
13. The Service Provider shall not be responsible for fulfilling tax and custom obligations of Supporters and Promoters.
1. Any comments related to the functioning of the Service and the appeal referred to in § 4.13 of this Terms and Conditions Users can submit by sending their complaint to firstname.lastname@example.org.
2. Complaints containing the following shall be respected:
b) actual data of the User.
3. Service Provider examines all complaints in 14 days following its receipt. Response to any complaint is provided by the Service Provider solely onto an e-mail address provided by the User during registration of the Users Account. Prior to any response, Service Provider is empowered to request from the User to provide additional information or explanation, enabling reliable assesment of complaint or appeal. In such a case, period for examination of the complaint or appeal may be extended and the Service Provider shall inform about such a case the User together with an indication of the new response date.
1. These Rules are available at the electronic address www.fans4club.com/regulamin in the electronic form that enables their acquisition, retrieval and saving (on a durable medium) by means of the IT communication system used by the User.
2. Service Provider reserves the right to make amendments to these Terms and Conditions. Amendments shall enter into force on the day of its publication, save for the Projects accepted by the Service Provider at the time, that are conducted accoreding to the rules in force as of the day of their publication.
3. With the first log-in in the Service following entry into force of the amendments of this Terms and Conditions, the User shall be informed about that changes and possibility of their acceptance. In case User does not accept amendments, he has the right to terminate the Agreement, according to clause 5 below.
4. Any change in this Terms and Conditions does not affect performance of Agreements concluded between the Supporter and the Promoter before entry into force of such a change and related to support of a certain Project.
5. The User with an Account in the Service is empowered to terminate the Agreement for electronic services at any time by sending a relevant statement onto the following e-mail of the Service Provider: email@example.com. The Agreement is being terminated following 14 days period counted from receipt of such a statement by the Service Provider, but not earlier than completion of the Project supported financially by the User in exchange for Awards.
6. From important reasons the Service Provider is able to terminate the Agreements with 10 – days notice. Statement in this respect shall be sent onto an e-mail addees indicated by the User on registration of the Account. Service Provider is empowered to reject another registration of the same User.
7. In cases not covered by these Terms and Conditions, the provisions of Polish law shall apply.
8. Any disputes arising from the implementation of the provisions of these Terms and Conditions, the parties shall endeavor to settle amicable. In the absence of agreement, the dispute shall be resolved by a court of law determined by the relevant procedural provisions, subjet to proceedings between enterpreneurs, which shall be dealt by a court in Poznan (Poland).