General Terms and Conditions of Use and Agreement and Privacy Policy

These general terms and conditions of use and agreement cover users’ access to and use of the website www.verkami.com (hereinafter, “the website”), as well as any products or services taken out on the said website.

By agreeing to these general terms and conditions of use and agreement, users hereby assert that:

  1. They have read and understood the contents hereof.
  2. They have sufficient capacity to enter into an agreement.
  3. They accept the obligations set out herein.

Anyone who uses the website becomes a user thereof (hereinafter, “the user”) and agrees to all the general terms and conditions set out herein.

The user should read these general terms and conditions of use and agreement carefully every time they access the website, given that the website and these general terms and conditions of use and agreement may change over time.

The owner of the website reserves the right to update or make any changes to the contents and services, these general terms and conditions of use and agreement and, in general, any aspect related to the design and layout of the website, at any time without any prior warning.

1. General information about the website

The following general information about the website is provided in accordance with Article 10 of Act 34/2002, of 11 July 2002, on information society services and electronic commerce (hereinafter, “LSSICE”):

  1. Owner: Verkami, SCP
  2. Registered address: Tecnocampus Mataró-Maresme, Torre TCM2, planta 4, oficina 3, avinguda Ernest Lluch 32, 08302, Mataró, Spain.
  3. Tax ID No (NIF): J65315566
  4. E-mail: info@verkami.com
  5. Telephone: +34 931 696 555

2. Conditions of use

2.1. Access to the website

Access to the website is free, apart from the cost of accessing the website through the telecommunications network provided by the user’s internet provider.

2.2. Need for users to register and identify themselves

In general, users do not have to register to access the contents of the website.

However, certain services do require users to register and provide some personal and billing details.

Users can also sign up remotely through Facebook, which lets Verkami access users’ signup and personal data from their Facebook page. By signing up through Facebook, users agree to Facebook’s Terms and Conditions of Use and may only cancel their registration and make changes to the privacy settings through Facebook.

The following definitions will be used herein:

  • Creator user: a user who publishes a project on the website.
  • Patron user: a user who makes pledges to projects published on the website by creator users.

For all aspects that apply equally to creator users and patron users, both kinds of users will be covered together herein as users.

The data given by users—regardless of whether they are a creator user or a patron user—should be accurate, up to date and truthful at all times. Any users who fail to do this shall be considered to have violated these general terms and conditions and their account may be closed immediately. No user may register on behalf of someone else without that person’s express consent and authorisation.

Users vouch for the accuracy of the data they provide when they register and release the website from any liability in any legal action.

User creators assert that they own all the intellectual property rights to any projects they publish on the website.

Registered users shall be responsible for keeping their password safe and shall be solely liable for any damages that may arise from its misuse, loss, transfer or communication to anyone else. Users hereby agree to keep their password safe as their means of identifying themselves and to change it regularly, at least once a year.

As a result, access to restricted areas and/or the use of services and contents accessed by using a registered user’s password shall be considered to have been carried out by the said registered user, who shall be responsible for this access and use.

2.3. Regulations governing use of the website

The services offered on verkami.com are aimed exclusively at people aged 18 or over. Users assert that they are the legal age to sign a binding agreement and that all the information they provide when they register is accurate and truthful. The owner of the website reserves the right to close the account of any user should any doubts arise as to whether they are of legal age or not.

Users shall use the website and its entire contents and services in accordance with the law, moral standards, public order and these general terms and conditions. They shall make proper use of the services and/or contents of the website and shall not use them for any illegal activities that might constitute a crime or infringe on the rights of any third parties and/or on the regulations on intellectual and industrial property or any other applicable laws or regulations.

Users shall not disseminate, introduce, spread or make available to any third parties any kind of material or information (data, contents, messages, drawings, sound or image files, photographs, software, etc) that goes against the law, moral standards, public order or these general terms and conditions. Specifically, but not limited to, users shall:

I.- Not introduce or spread any content or propaganda that is racist, xenophobic or pornographic in nature or that supports terrorism or violates any human rights.

II.- Not introduce or spread any data programs (viruses or harmful software) that may damage the computer systems of the access provider, their providers or any third-party users of the internet.

III.- Not spread, disseminate or make available to any third parties any kind of information, aspect or content that goes against any fundamental public rights and freedoms recognised by the Spanish constitution or international treaties.

IV.- Not spread, disseminate or make available to any third parties any kind of information, aspect or content that amounts to illegal or unfair advertising.

V.- Not disseminate any unsolicited or unauthorised advertising, advertising material, spam, chain letters, pyramid schemes or any other kind of solicitation, except in those areas (such as commercial spaces) that were specifically designed for this purpose.

VI.- Not introduce or disseminate any false, ambiguous or inexact information that may mislead the intended recipients.

VII.- Not spread, disseminate or make available to any third parties any kind of information, aspect or content that infringes on any intellectual or industrial property rights, patents, brands or copyright that belongs to the owners of the website or any third parties.

VIII.- Not spread, disseminate or make available to any third parties any kind of information, aspect or content that infringes on the secrecy of communications and personal data protection legislation.

The user shall absolve the owner of the website from any liability in any legal action, fine, penalty or sanction arising from the user’s failure to respect any of the aforementioned rules of use, and the owner of the website reserves the right to seek compensation for any damages caused.

The owner of the website reserves the right to close the account of any users who misuse the website or fail to respect the stipulations and prohibitions set out herein.

2.4. Exclusion of liability

The owner of the website shall not be in any way liable for updating the website or for ensuring that the information published thereon is accurate or comprehensive. Users should therefore check that the published information is accurate and comprehensive before taking any decision related to any service or content set out on this website.

Users’ use of the website does not oblige the owner of the website to ensure that there are no viruses, worms or any other malware thereon. Users should possess the proper tools to detect and remove malware.

The owner of the website shall not be liable for any damage caused to users’ or third parties’ software or hardware through the use of the services offered on the website.

The owner of the website shall not be liable for any damages that users might suffer as a result of problems with the telecommunications networks that lead to the services on the website being suspended, cancelled or interrupted with or without prior warning.

Verkami.com simply acts as an intermediary between users of this website and is not responsible for the actions of users who upload their projects to verkami.com. Users who create projects are solely responsible for complying with the undertakings given in their projects.

The owner of the website reserves the right to close the projects published on verkami.com without any prior warning for any reason whatsoever.

The owner of the website shall not be responsible for ownership of the intellectual property rights to the projects asserted by creator users or that the undertakings given are complied with.

2.5. Contents and services linked through the website

Access to the website may include technical devices, including links, directories and even search tools that let users access other pages and internet sites (hereinafter, “linked sites”). In such cases, the owner of the website shall only be responsible for the contents and services offered on the linked sites if the owner was effectively aware of any illegal activity and failed to deactivate the link with the due diligence. If users believe that a linked site contains illegal or unsuitable contents, they should inform the owner of the website. However, this action in no way entails any obligation to remove the corresponding link.

In no case does the existence of linked sites presuppose the existence of any agreements with the managers or owners of the said linked sites; nor does it indicate that that owner of the website recommends, promotes or identifies with the opinions, contents or services provided on the linked sites. As a result, the owner of the website shall not be liable for any damages caused by the quality, availability, usefulness, accuracy of the contents and/or services on the linked sites or their outdated or illegal nature, or for any other damages that are not directly attributable to the owner of the website.

2.6. Intellectual and industrial property

The entire contents of the website, understood as including, but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as their graphic design and source code, are the intellectual property of the owner of the website or third parties. No exploitation rights recognised by the current legislation on intellectual property are to be understood to be transferred to the user.

The brands, trade names or distinctive signs are the property of the owner of the website or third parties; access to the website is not to be understood as entailing any rights thereto.

Users assert that the projects they publish on verkami.com shall be wholly original worked created by themselves and shall in no case be copies or reproductions that infringe on any third parties’ intellectual property rights. The owner of the website may close the account of any users who infringe on any third party’s intellectual property rights. Verkami.com shall remove any offending materials in accordance with regulations on intellectual and industrial property should this situation arise.

The owner of the website has no ownership rights to the contents of the projects published by users on verkami.com. However, users grant the owner of the website free and nonexclusive licence worldwide for the maximum legal period of protection to publicly communicate, reproduce, distribute and change the content of the project in order to carry out its service.

2.7. Browsing and cookies

Cookies are small files stored on users’ computers that make it possible to recognise users in future sessions. Cookies help improve the quality of and access to the services offered on verkami.com.

Cookies are key to the way the internet works and offer numerous advantages when providing interactive services and improving browsing and usability on verkami.com. Cookies cannot harm your computer and can help identify and resolve issues.

As an overview, there are different kinds of cookies:

Session cookies: these are temporary cookies that are stored in the cookie folder until the user leaves the website and are then erased without being stored on the user’s hard drive. The information gathered by these cookies helps analyse website traffic patterns.

Permanent cookies: these are stored on the user’s hard drive and are read by the website every time the user visits it. Permanent cookies have an expiry date, after which they stop working.

In no case shall cookies be used to gather information on your personal data; they shall only be used to improve browsing and connections.

In accordance with current legislation on cookies, users hereby expressly authorise the use of cookies by installing or updating their browser. This authorisation may be withdrawn at any time by means of the contents and privacy settings options.

3. General terms and conditions of agreement

Verkami.com is a crowdfunding platform that lets users publish their ideas and projects and raise funds to carry them out by seeking pledges from other users.

3.1. Procedure for promoting projects

The following steps should be followed to raise funds for a project on the website:

1. When they register, creator users shall give, among other information, their full name, address, passport or ID card or tax ID number and details of a PayPal account. If the project is successfully funded, creator users shall give details of a bank account, and the money raised through pledges by bank card minus verkami.com’s fee will be transferred to the project creator, as set out in the following point, once the corresponding payment document has been received.

2. Projects can be started free of charge. If projects are successfully funded (by reaching 100% or more of their funding goal within 40 days), verkami.com shall charge a 5% fee (excluding taxes) on the amount obtained by the creator user as commission. In addition, CatalunyaCaixa shall discount their card payment fees and any transfer charges.

Pledges by patron users shall only be collected if and when the project is successfully funded.

3.2. Prices and period of validity of the pledge

All charges made by verkami.com shall be carried out through either CatalunyaCaixa’s virtual payment gateway or PayPal, at indicated by the patron user.

The prices of services shall be published in a list of prices on the website and later published automatically in the final phase of the agreement process. Users accept that the prices of services may vary in real time; any such changes shall be communicated to users beforehand.

Prices shall be expressed in euros (€).

Users shall be solely responsible for paying any taxes and charges arising from use of the website, as well as the percentage commissions charged by the bank and PayPal.

The owner of the website shall bill the creator user by means of an invoice made out to the name of the registered user. This invoice shall be automatically sent to the email address given by the user.

For any further information on the service, users should call the owner of the website’s customer service line (+34 931 696 555) or send an email to: info@verkami.com.

3.3. Right to desist

Creator users who set up a project and then for whatever reason decide not to proceed with it may stop the fundraising process, and in turn cancel the their agreement with verkami.com with no need to justify their decision, provided that they have not yet collected any money. In this case, neither creator users nor patron users shall be charged and all pledges shall be automatically cancelled.

If creator users decide not to go ahead with their project after they have already collected money from their patrons, they shall return all money in full to their patrons, and verkami.com shall not be liable for any action taken as a result of this decision, notwithstanding any compensation to which verkami.com or the patrons may have a right above and beyond the return of their money.

3.4. Making pledges to projects

Users should follow the following steps to make pledges to projects published on verkami.com:

  1. Users should select the project they want to help fund and the amount they want to pledge.
  2. Users should make a pledge through the CatalunyaCaixa payment gateway or PayPal, which can be accessed through the website.
  3. The amount pledged shall only be collected if the project has reached or exceeded 100% of its funding goal at the end of the 40-day fundraising period.
  4. If the project fails to reach its funding goal within the 40-day fundraising period, no pledges shall be collected from the patron users.
  5. Pledges shall be collected through the CatalunyaCaixa payment gateway or PayPal. Patrons may decide to cancel their pledge at any time by informing the owner of the website before the end of the 40-day fundraising period.

3.5. Tax issues

The contents of this section should not be taken as a form of legal or tax advice. Users should ask their accountant for tax advice for their own specific case.

In accordance with current tax legislation, any activities that involve the use of material and/or human factors of production to produce or distribute goods or services shall be considered to be “business or professional activities”.

All businesspeople and professionals should be registered with the tax authorities and the social security system.

Pledges received within the framework of an economic or business activity shall be considered as earned income and shall be covered by legislation on income tax, society tax or non-resident tax. Creators may deduct any expenses incurred as a result of carrying out the project.

Creators who have set themselves up an entity recognised by Act 49/2009 can avail themselves of tax incentives for nonprofit organisations and patrons can receive a tax certificate for their pledge.

If the project is not business- or professionally orientated, the pledges made will be taxed in accordance with regulations on taxes on donations.

3.6. Annulment of clauses

Should any clause in these general terms and conditions of use and agreement be declared wholly or partially null and void, this annulment shall only affect the said clause or the null and void part thereof, and the rest of these general terms and conditions shall remain unchanged and the null and void provisions shall be excluded.

3.7. Applicable legislation and competent jurisdiction

These general terms and conditions of use and agreement shall be governed by current Spanish legislation in any areas that are not expressly set out herein. The owner of the website and the user may submit any disagreements that may arise from the provision of the products or services covered by these general terms and conditions to the courts of law in the place of the owner of the website’s registered address, unless legally stipulated otherwise.

Privacy And Personal Data Protection

In accordance with Organic Act 15/1999, of 13 December 1999, on personal data protection, and in virtue of Article 5 thereof, users of the website are hereby informed that the data gathered by means of the forms available on the website shall be stored on a personal data file owned by Verkami SCP and duly declared to the Spanish Data Protection Agency (AEPD). Patron users’ personal data will only be made available to creator users if the project in question is funded successfully, to enable users to make contact. Otherwise, no data will be shared.

Verkami SCP, with registered address at Tecnocampus Mataró-Maresme, Torre TCM2, planta 4, oficina 3, avinguda Ernest Lluch 32, 08302, Mataró, Spain, as the owner of the aforementioned file, guarantees users’ right to access, amend, cancel and oppose any personal data provided and agrees to respect the confidential nature of the said data and only use it for the proper purposes of running the website and to keep users updated with the latest news on the website that might be of interest to them.

If users wish to exercise their rights, they should write to verkami.com under the heading “Users Section” or send an email to info@verkami.com.