Using WinnersFund means that you understand and agree on the following Terms and Conditions
These are the Terms of Service of Anametron UK Ltd, a company headquartered in London, UK (hereinafter the "Company", “we” or “us”), with regards to the website found at the URL http://www.winnersfund.com and all websites responding to all top level domain names including the Trade Mark “WinnersFund” (hereinafter the "website" or "the platform" or "the service" or “WinnersFund”), including all aspects of such use.
We reserve the right to amend this Agreement at any time and without notice. In case we do so, we will post the amended Agreement on this page and indicate at the bottom of the amended text its version and the date of last Agreement revision.
Your continued use of the Service after any such changes constitutes your acceptance of the new and amended Terms. If you do not agree to any of present or any future terms, conditions and restrictions of the Agreement, please cease the access and use of the Service.
A. Contracting parties & contractual relationships
This Agreement is by and between Anametron UK Ltd and any person that accesses the website. Such a person may interact and be contractually bound by this Agreement under one or more of the following capacities, and them only. Anametron UK Ltd in turn, as the sole operator of WinnersFund, acts in all cases as a crowdfunding service provider in the manner stipulated hereinafter and does not recognise any other kind or form of contractual relationship with any person interacting with the website, except for the following:
Visitor is every individual (natural person) that accesses the website and navigates through its pages.
A.2. Registered User (Member)
Register user (or plainly a “user”) is either a visitor or a legal entity duly represented by a visitor, that “registers” with the Platform, i.e. it transmits to WinnersFund identification data in the form of a "user name" together with their email address. When interacting with other users of the WinnersFund Community or makes use of the Platform’s Community features, the user is called a “Member”.
Client is the Project Owner, i.e. the registered user who promotes through WinnersFund a business idea (the “Project”) to the general public, aiming to collect funds for the financing of the Project, through a structured presentation (the “Campaign”).
B. Universal rules
WinnersFund operates under UK law and the platform's only official language is ENGLISH and specific terms or descriptions remain willingly without a translation provided, in the English language, even when you may browse the platform in another language. Therefore, regardless of your native language or your language navigation preferences, you confirm that you understand fully and without any doubt all context written in the English language, and that you have the ability to read and write in English.
WinnersFund is a Crowdfunding Platform that focuses on empowering individuals (natural persons), teams of individuals and companies materialise their business projects. The Platform caters for Equity-, Rewards- and Donations-Based crowdfunding Campaigns.
The website is available only to individuals who are at least 18 years old and have full capacity to enter into legal transactions. By using WinnersFund, you confirm that you have such capacity.
You do not have to register in order to visit winnersfund.com. However, in order to access certain features of the service, including posting, commenting on, following or contributing to an Idea or a Project, you will need to register and create a user account (hereinafter the "account"). Your account gives you access to the services and functionality that we may establish and maintain from time to time, in our sole discretion.
C. Contractual obligations
The contractual obligations between Anametron UK Ltd and anyone who accesses the website are the following:
C.1. Between us and the Visitors
We declare that we makes our best efforts to provide all visitors with a stable, up to date and safe to visit internet portal.
Visitors promise not to make any misuse of the Platform and to avoid any kind of malicious activities that might harm or threaten in any way its stability, security and fame.
We declare that at no given time have we reviewed, and cannot review, all of the material stored in its databases by the users and being viewable to the visitors, including any kind of computer generated content, and cannot therefore be responsible for that content, its use or the effects of its use. By operating the website, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful.
You are responsible for taking all measures and precautions necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive digital content. Moreover, although we make our best to avoid such instances, the website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typo mistakes and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use of the website by visitors, or from any downloading by visitors of any content posted on the website.
In case you spot any kind of context or material that you think inappropriate, offensive, harmful or inconsistent with the Terms and Conditions of this Agreement, please contact us immediately in order to take all appropriate actions.
This Agreement does not transfer from us or any third party to you and vice versa intellectual property and any right to the use of intellectual property. WinnersFund’s logotypes and all other trademarks, service marks, graphics and typos used in connection with WinnersFund or the website are trademarks or registered trademarks of Anametron UK Ltd or our licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any WinnersFund or third-party trademarks without a written permission.
C.2. Between us and registered users
We promise to make our best efforts in order to provide all users with and maintain a Crowdfunding environment that utilises state of the art technical solutions, adopts solid Community rules and applies an internal regulatory framework, that all together promote fair dealing, establish decent interaction between the members, as well as between them and us, and facilitate a top-level Crowdfunding experience.
We do not engage in any kind of client relationship with the users who wish to fund a Project (the “Funders”), neither do we hold or control their financial contributions (money). We only standardise, automate and safeguard the procedures for promoting Projects publicly through the WinnersFund Platform under our rules of good faith.
Users promise to follow all the rules of WinnersFund, always act in good faith and refrain from words and actions that might hurt the interests, reputation and dealings of other users and WinnersFund. Users wishing to invest through WinnersFund as Funders of Equity-Based Campaigns, declare that have read, fully understand, acknowledge and accept the risks associated with Equity-Based Crowdfunding, as presented in our “Risk warning” page.
Once you register as a user, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account name and any other actions taken in connection with your user account. You must immediately notify WinnersFund of any unauthorised access to your account or any other breaches of security. WinnersFund will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions, especially in the event of failure to keep the account information safe and secure, out of the sight of any other person.
The use of WinnersFund is not allowed to people who have been convicted for any of FATF designated categories of offences or remain under charges pressed against them regarding the same offences in any country, namely: participation in an organised criminal group and racketeering; terrorism, including terrorist financing; trafficking in human beings and migrant smuggling; sexual exploitation, including sexual exploitation of children; illicit trafficking in narcotic drugs and psychotropic substances; illicit arms trafficking; illicit trafficking in stolen and other non legally acquired goods, especially antiquities; corruption and bribery; fraud; counterfeiting currency; counterfeiting and piracy of products; environmental crime; murder, grievous bodily injury; kidnapping, illegal restraint and hostage-taking; robbery or theft; smuggling; extortion; forgery; piracy; insider trading and market manipulation. In case you fall in any of these categories, please refrain from using WinnersFund, otherwise your account will be closed and you will be banned forever as a user in the event that we find that or you are reported to fall in any of these categories.
If you post any kind of information to the website, comment on a post, post links on the website or otherwise make (or allow any third party to make) any kind of data available by means of the website (hereinafter the “content”), you are entirely responsible for that content and any harm resulting from it. That is the case regardless of whether the content in question constitutes text, graphics, digital multimedia, computer software or any other kind of communicative material.
By making any kind of content publicly available through WinnersFund you agree that: (a) You represent and warrant that downloading, copying and use of the content will not infringe proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party. (b) In case your employer has rights on the intellectual property you create and include in the content, you have either (i) received permission from your employer to post or make available the content, or (ii) secured from your employer a waiver as to all rights on the content. (c) You have fully complied with any third-party licenses relating to the content and have done all things necessary to successfully pass through to end users any required terms. (d) The content does not contain or install any viruses, worms, Trojan horses or other malicious pieces of software (“malware”). (e) The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as “phishing”) or mislead recipients as to the source of the material (such as “spoofing”). (f) The content is not pornographic, libellous or defamatory, does not contain nudity, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. (g) Your post is not getting advertised via unwanted electronic messages, including spam links on newsgroups or fora ("forums"), email lists and web sites using or facilitating such or similar unsolicited promotional methods. (h) Your post is not named in a manner that misleads your readers into thinking that you are another person or company. (i) You have, in the case of content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the execution of such code.
By submitting any content to WinnersFund, you grant us a world-wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your post. If you delete content, WinnersFund will use reasonable efforts to remove it from the Website and its databases, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Users declare that they have carefully read, fully understand, completely and unconditionally agree with the terms and conditions presented in the following pages:
All kinds of information that you upload to WinnersFund that is of your own intellectual property remain at the sole intellectual property of you as the owner and you are solely responsible for protecting it, including but not limited to pending patents, trade secrets, literature texts etc. We declare that any part of context uploaded to WinnersFund, unless specifically characterised as private or restricted to the view of certain users, becomes public, i.e. is widely available to all website visitors to view and copy. By uploading any kind of proprietary content you agree that you upload all and any such content solely at your own risk.
Regarding the Projects you get access to and all related information, you agree and promise neither to use nor to disclose to third parties any information regarding any Project that was not in the public domain, i.e. out of the restricted sections of the platform, but was shared to you by the Project Owner through WinnersFund or you accessed it through the restricted sections of WinnersFund.
In general, we retain the right, in our unquestionable discretion, to ban or cease the account of any user who is found to be acting in a fraudulent, unethical or insulting manner and we can undertake any further action we consider appropriate against such behaviours.
C.3. Between us and clients (Project Owners)
We declare that we do not provide professional advice of any kind or financial facilitation to clients, but merely an integrated Crowdfunding environment, comprising of the technical means (the Crowdfunding Platform) for the promotion of public offerings, the internal regulatory framework that all clients have to follow, as well as the physical facilities and the human resources needed to support the users.
Clients declare that they have carefully read, fully understand, completely and unconditionally agree and will strictly follow the said regulatory framework, as presented in the following pages:
- For Creators
- For Funders
- Best Practices
- Campaign fees
- Campaign basics
- Campaign reach
- Idea protection
We do not engage in client relationships with people who, as aforesaid, have been convicted for any of FATF designated categories of offences or remain under charges pressed against them regarding the same offences, in any country.
With regards to unacceptable Projects, you may not use WinnersFund for activities that:
(a) Violate any law, ordinance or regulation.
(b) Facilitate research and development or production or sales or promotion of products or services, even if considered legal under any law, regarding: (i) drugs, steroids, generally controlled substances disposal or products which impose a risk to consumer safety, (ii) pharmaceutical products and drug paraphernalia, (iii) tobacco products, (iv) biotechnology applications in living organisms that violate the European framework on bioethics, (v) encouragement, promotion, facilitation or direction of others to participate in any illegal activity, (vi) promotion of hate, violence, intolerance and social exclusion, (vii) financial exploitation of crime, (viii) infringement of any intellectual property or related rights, (ix) infringement of trademark or reputation of a third party, (x) violation of any proprietary right under the laws of any jurisdiction, (xi) violation of the right to privacy or publicity, (xii) obscene, sexual orientation and sexual nature products or services, (xiii) ammunition, weapons, parts, annexes and accessories of weapons and ammunition, and (xiv) knives regulated under applicable law.
(c) Relate to transactions that: (i) show the personal information of third parties or state secrets in violation of applicable law, (ii) support “pyramid” or “Ponzi schemes”, matrix programs, other “get rich quick” schemes or any multi-level marketing programs not excluding the programs of lawfully operating and renown multi-level marketing businesses, (iii) are associated with annuities or lottery contracts, speculative lay-away systems, off-shore banking or transactions to finance or refinance debts, (iv) are associated with Money Service Business activities, especially with the sale of traveller's checks or money orders, currency exchanges or check cashing, and (v) provide certain credit repair or debt settlement services.
(d) Involve the sales of products or rendering of services identified by EU or USA government agencies to have a high likelihood of being fraudulent.
(e) Violate applicable laws or industry regulations regarding the sale of (i) alcohol products, or (ii) prescription drugs and devices.
(f) Involve gambling, gaming (excluding the development/manufacturing and trade of digital games of skill and toys that may not be considered gambling) and/or any other activity with an entry fee and a prize, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, any other kind of ventures that facilitate gambling and sweepstakes.
Without limiting any of those representations or warranties, we have the right to terminate or deny access to and use of the Website to any individual or entity for any reason, in our unquestionable discretion.
D. General Terms and Conditions
Variation: We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. WinnersFund is also expected to introduce future, new or upgraded, services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement and their use may even be subject to additional terms and conditions. The Agreement may only be modified by a written amendment posted herein.
Suspension – Termination: We may cease or terminate your access to all or any part of the website at any time, with or without obvious cause, with or without notice, effective immediately, in case of a breach of the terms and conditions of this Agreement. If you wish to terminate this Agreement you may simply discontinue visiting the website. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We maintain the right, in addition to the suspension or termination (closing) of your account, to refuse any or all future use of the Service without notice and without any liability.
Disclaimer of Warranties: The website is provided “as is”. Our Company, its suppliers and its licensors hereby disclaim all warranties of any kind, express or implied. Neither us nor our partners and licensors make any warranty that the Website will be error free or that access thereto will be uninterrupted. You understand and accept that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
Limitation of Liability: In no event shall us, or our partners or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential losses, damages and other harms because of the use of the Platform; (ii) the cost of procurement of substitute services due to our service discontinuance; (iii) interruption of use and loss or corruption of data because of an interruption of use; (iv) any amount that exceeds the fees you paid to WinnersFund under this agreement during the twelve (12) month period prior to the cause for a claim. Also, we bear no liability for any failure or delay due to matters beyond our reasonable control (including but not limited to events of force majeure).
Indemnification: You agree to indemnify and hold harmless WinnersFund, its contractors and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including attorneys’ fees, arising out of your illicit use of the website, including any violation of this Agreement and the law.
Risks associated with funding business ideas: Every business idea bears the risk of total failure that may lead to complete loss of all funds and values associated with it, thereofre every funding and investing activity through Crowdfunding must be considered as highly risky. We bear absolutely no responsibility for any kind of loss you may suffer because of supporting or funding or investing in a business or any other idea through WinnersFund, and in no way the listing of the ideas in the Platform may be considered as WinnersFund's call or offer to you to financially support them. You bear the sole responsibility for your decision to finance an idea and by doing so you specifically accept the risk of total loss of all the capital and any other resources you might employ in supporting the idea.
Class actions: You agree that any arbitration shall be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
Waivers: A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof, unless specifically stated.
Succession: This Agreement is binding upon and inures to the benefit of the parties, their successors and permitted assigns.You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; We may assign our rights under this Agreement without any limitation or conditions.
The entire agreement between you and us consists of the present document, the online pages it refers to and the terms and conditions you accept by clicking the respective tickboxes when you register as a user or create a Campaign. By using the website, you agree that you have read, understood and unconditionally accept all three of the above sections of the Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the contracting parties’ original intent, and the remaining portions will remain in full force and effect.
Applicable law and jurisdiction: Except, in case and to the extent that the compulsory applicable law provides otherwise, this Agreement, any access to and any use of the website will be governed by the laws of England and Wales and the proper venue for any disputes arising out of or relating to any of the same will be the courts of the City of London, UK. All services must be made to the registered address of the Company:
Anametron UK Ltd
24 Holborn Viaduct
City of London
London EC1A 2BN
TOS Version 1.1 EN, May 15-05-2015, 06:00' UTC