Terms of Use
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Introductory provisions
The owner of the program code (software) and all trademarks of the Bona Fides Invest global crowdfunding platform is Bona Fides Invest, craft for services and trade, owner: Zoran Rajn, from Zagreb, Ante Jakšića 10, PIN: 71566243964, and the administrator of the platform on the basis of the Agreement on Outsourcing Services is the Center for Social Innovation and Sustainable Development (CEDIOR), from Zagreb, Ante Jakšića 10, PIN: 12061569340 (hereinafter: administrator). Every person who accesses the page is considered a user of this platform. A registered user of the platform is considered to be a user who, either as a project owner or as an investor in a project presented through this site, is registered as such in the provided registration procedure on this site. Each user irrevocably accepts all valid terms of use unilaterally determined by administrator and declares that is familiar with the existing terms, that understands them and fully accepts them. Administrator reserves the right to unilaterally change these conditions at any time. All changes to the terms of use will be published on this page, and for all users of this page, they will come into force at the moment of their publication. The user is obliged to regularly inform about changes in the valid terms of use. This site is protected in all its components by intellectual property rights, which users are obliged to respect, and the violation of these rights entails responsibility in accordance with the applicable regulations of the Republic of Croatia. It is not allowed to change, duplicate, distribute, sell or make available any part of this page or the software of this page without the consent of the administrator of the page.
Purpose and responsibility in mutual relations between users
The Bona Fides Invest platform was founded with the aim of mediating between natural and legal persons who present their own projects through this site, and potential and actual investors in these projects. All relationships that are established between project holders and investors through this site are exclusively theirs, so administrator does not take responsibility for any of these parties for the obligations of the other party, nor does it guarantee such obligations. Each user of this site, regardless of the capacity in which acts, agrees that all contacts with other users of this site, regardless of the capacity in which these other users act, take place solely on their mutual responsibility, and are waived on the basis of their mutual relationships any requests to the site administrator. All possible disputes that arise between users of this site will be resolved by these users among themselves. Users are prohibited from using this site for purposes for which it is not intended, as well as for purposes contrary to the regulations of the Republic of Croatia and European Union, for which they will bear responsibility.
User registration
In order for an individual user of this site to be able to act as a project holder or as an investor in the project presented through this site, it is necessary to register in a suitable way. The registration procedure is determined by administrator and is authorized to change it if necessary for all subsequent users who intend to register. Every registered user must be at least 18 years old and fully legally capable. Users running campaigns through the site, including all their team members, may not be convicted or prosecuted for any criminal offense. Administrator has the right to request access to the criminal record of the user and his team members. A user who does not submit the requested documentation within 3 working days will be excluded. During registration, the user is obliged to create a password that protects his privacy. The user is obliged to keep his password confidential, and administrator will not be liable to the user for damage caused by inappropriate and careless disposal of the password by the user himself. Administrator reserves the right to require a registered user to change their password or other data for security reasons. The information provided to the site administrator during the registration process is also the basis for determining the user’s identity, especially in the case when it is necessary to determine the eventual responsibility of an individual user. Administrator, within the scope of its capabilities and technological equipment, will protect the confidentiality of user data provided during the registration and use of the site.
Accuracy and completeness of data, disposal of data and publication and administration of content
Users of this site are obliged to provide correct and complete information to the administrator of the site in a timely manner during registration and for the purposes of using the site, as well as to report any changes to this information in a timely manner. Users are responsible to the administrator of the site and to third parties for the accuracy and completeness of the data provided. Users allow the administrator of the site to use the obtained data, without the need for their further approval, for the purposes of operating the site, and in particular to process the obtained data, forward it to third parties, make it available to all third parties and use it for the purposes of maintaining and promoting this site. Users are also responsible to the administrator of the site and to third parties for the content they publish or make available in the course of using the site (posts, ads, messages, texts, displays, photos, videos and other materials). The publication of any illegal and inappropriate content is prohibited, which in particular implies the publication of personal data and information about third parties without their consent, i.e. the publication of data or content about third parties in a way that causes or may cause damage to those persons, especially in relation to the violation of personality rights, intellectual property rights and competition protection rules, and the publication of any content that threatens and harms the business of this site. Administrator is not responsible for damage caused to someone due to data and content published or made available by an individual user in the context of using this site, nor can it guarantee the accuracy and verifiability of data and content published or made available. Administrator has the right to remove illegal and inappropriate content without prior warning to the user who published or made such content available. Administrator reserves the right to independently assess which content is considered illegal and inappropriate. In addition to removing illegal and inappropriate content, administrator has the right not to publish or remove content that, in its opinion, does not meet the criteria set by this page, i.e. if it does not correspond to the profile and basic purpose of this page, as well as administrator’s ethical values.
User notification
The user agrees to be informed about the site’s operations by the administrator of the site, via e-mail or in another equally suitable way, and to be forwarded advertising content. At the user’s request, such notifications will not be forwarded to him.
User exclusion
The registered user of this site may for justified reasons be prevented from further using the site, in particular: if he uses the site to achieve illegal and inappropriate goals, if he abuses the content and data made available to him by registration, if when using the site violates the intellectual property rights of the administrator and of third parties, if using the site clearly and maliciously damages the business interests of the administrator, and in all other cases in which his actions violate these terms of use and cause damage or threaten damage and business reputation to the administrator and third parties. Administrator reserves the right to independently assess the justification of the reason for excluding an individual user. If the excluded user presented a campaign through the site, the campaign will be suspended, and all collected money will be returned to the investors. Investors’ contributions will be reduced by the amount of the cost of the bank transaction and all related campaign implementation costs.
Negotiating obligations between users and making payments
When using the site and entering into mutual obligations, users are obliged to comply with the laws and other regulations of the Republic of Croatia and European Union. All monetary obligations between users are contracted exclusively in Euro currency. The binding relationship between the users is created when platform transfers the funds of the investors to the bank account of the project holder. In the investment process, the investor, by selecting a particular financing model, is forwarded to the IPG (Internet Payment Gateway) page where makes the payment. The investment is considered completed when the investor completes the entire prescribed payment procedure, that is, enters his personal data (name, surname, email address and residential address) and selects the “Pay” option. After the completed investment, the project owner and the investor will receive a confirmation of the completed investment from administrator to their e-mail address, showing the investment model, the price paid and the personal data of the investor, i.e. the project owner. The investor can withdraw support for the campaign and request a refund during the campaign.
Choosing a flexible or all-or-nothing fundraising model
The project holder is obliged to indicate before the start of the campaign whether the campaign applies a flexible or “all or nothing” fundraising model. If the project owner does not highlight the desired model in the description of the campaign, it is considered that the campaign applies a flexible model. During the campaign, it is not possible to change the selected model. The flexible model of campaign financing implies that the project holder has the right to keep all the funds collected regardless of the success of the campaign, while with the “all or nothing” model, they keep them only if the campaign reaches the target amount. If the campaign that applies the “all or nothing” model does not collect the target amount of money, administrator will return the money paid to the investors within 15 working days, whereby the contributions will be reduced by the amount of the cost of the bank transaction and the fee calculated by the payment service providers on the platform in accordance with their valid price lists. If the project owner decides to end the campaign that uses a flexible financing model, administrator will calculate the fee for the campaign implementation as if the campaign had ended within the planned period, and the project owner will assume the responsibility of returning the money to the investors. The co-owner of the project or a member of the team who subsequently withdrew the consent for the implementation of the campaign is obliged to pay within 5 working days from the date of delivery of the compensation request all the costs of advertising the campaign, lost profit in the amount of 5% of the highest target amount stated in the cost list of the campaign, as well as non-material damage. If the co-owner of the project or a member of the team does not pay the requested amount within the given period, he is obliged to pay interest on default, at which the highest allowed interest rate will be applied.
Disclaimer of liability
All users use the site at their own risk. The administrator of the platform is not responsible for any type of damage or loss related to the use of the site, regardless of the cause and time of their occurrence. The users of the site, either in the capacity of project owner, investor or visitor, permanently and completely waive any compensation claim or claim of any other kind against administrator and its legal representatives, employees, volunteers, members, external collaborators, business partners and all others in any way to related natural and legal persons in Croatia and abroad. The users, regardless of their capacity, are solely responsible for any resulting damage and assume the obligation to settle it towards any injured party. If someone sues administrator or natural and legal persons connected to it in any way due to damage that is in any way related to the user’s use of the site, the user undertakes to defend the defendant and pay all defense costs in full, as well as all other costs related to the lawsuit.
Credit card purchase security statement
Confidentiality of your information is protected and secured by using latest TLS encryption. Pages for web payment are secured by using Secure Socket Layer (SSL) protocol with 128-bit data encryption. SSL encryption is a data coding procedure for prevention of unauthorized access during data transfer.
This enables a secure data transfer and prevents unauthorized data access during communication between user and Monri WebPay Payment Gateway and vice versa.
Monri WebPay Payment Gateway and financial institutions exchange data by using their virtual private network (VPN) which is also protected from unauthorized access.
Monri Payments is PCI DSS Level 1 certified payment service provider.
Credit card numbers are not stored by Merchant and are not available to unauthorized personnel.
Supported payment cards are Mastercard®, Maestro® and Visa.
In addition to card payments, payments can also be made through the PayCek system using cryptocurrencies, through the KEKS Pay application, and through a general payment slip or internet/mobile banking.
Technical maintenance of the site
Administrator of the site maintains and improves it in order to protect the privacy and interests of all its users, declaring that it manages it according to technical standards that fully enable this, having available adequate technical support. However, administrator reserves the possibility that, for objective reasons, technical errors may occur in the operation of this site, which users are obliged to report immediately upon their appearance. Administrator will try to remove such errors as soon as possible. Administrator reserves the right to temporarily deny access to certain contents of this site due to work on the technical maintenance of the site, the introduction of new content and other justified reasons. Administrator is not responsible for damage caused to the user as a result of technical difficulties of the site, and users completely and permanently waive any claim for damages or claims of any other kind against administrator and its legal representatives, employees, volunteers, members, external collaborators, business partners and to all other natural and legal persons connected in any way in Croatia and abroad. Given that this site includes links to other sites as part of its business, the content, security and way of working of these sites are beyond the scope of responsibility of the administrator of this site. This site opens up the possibility of advertising, so users agree to such advertising by third parties that administrator allows. In the context of third-party advertising, the content of advertising material is not the responsibility of the administrator of this site. Administrator uses appropriate software to analyze this page, thereby gaining knowledge about the needs of its users, with the aim of improving the quality of the offer. In this connection, the so-called cookies, text files that are stored on the user’s computer, and enable the user to be recognized upon revisiting the page, which enables usage analysis to be carried out. Although these text files can be rejected or deleted, this may result in some functions on the site no longer being fully usable. The mentioned software also collects and stores technical data, including the user’s IP address, whereby the persons behind this data are not identified nor personal data is collected. The users of this website give their consent to the method described above for the analysis of the use of this website.
Delivery of information about investors
Upon completion of the campaign, administrator will provide the project holder with a list of all investors who financially supported the project or expressed interest in it. The list will contain their names, surnames, home address, telephone/mobile phone, e-mail address and the amount they have paid. The project holder undertakes to use the list of investors exclusively for the delivery of the promised rewards in the campaign and not to use it for marketing purposes or pass it on to third parties who are not listed in the project team on the campaign page.
Payment of funds collected in the campaign
Administrator will transfer funds to the project holder within 30 days from the end of the campaign to the IBAN number provided by the project holder. If administrator pays the project owner more money than what was collected in the campaign, the project owner is obliged to return the excess money within 5 working days. If the owner of the project does not return the overpaid amount within the given period, he is obliged to pay interest on default, at which the highest allowed interest rate will be applied. Administrator will deliver a report on the calculated fees to the project holder to the e-mail address specified on the campaign page within 7 days from the end of the campaign. The project owner has the right to object to the calculation within 3 working days from the delivery of the report. If administrator and the user cannot reach an agreement regarding the complaint, administrator reserves the right to cancel the campaign and make a refund of the stakes to all investors, whereby the stakes will be reduced by the amount of the cost of the bank transaction and all related campaign implementation costs.
Fees for using the platform
Users who present the campaign on the platform pay a fee based on the total amount of money recorded on the campaign page. The Pricing page provides information on billing models.
Dispute resolution
Users undertake to settle all possible disputes with the administrator of the site and with natural and legal persons connected to administrator in any way, exclusively by peaceful means. Users are obliged to submit all objections immediately upon their occurrence in writing to the official e-mail address of the site highlighted in the chapter “Basic information about the administrator of the site”. The administrator of the site will comment on them within 10 working days of receiving them. Users are obliged to provide all additional information requested by the administrator of the site within 3 working days in relation to the complaint they submitted. If the user does not submit additional information within the specified period or does not comment on the received answer, it is considered that the complaint has been withdrawn.
Interpretation of Terms of Use
The Croatian version of the Terms of Use will be used if there is any ambiguity regarding its interpretation.
Basic information about the site owner
Full name: Bona Fides Invest, craft for services and trade, owner: Zoran Rajn
Address: Ante Jakšića 10, 10 000 Zagreb
PIN: 71566243964
Mobile phone: +385 (0)98 611 467
E-mail: info@bonafidesinvest.eu
Website: https://bonafidesinvest.eu/
Basic information about the site administrator
Full name: Center for Social Innovations and Sustainable Development
Abbreviated name: CEDIOR
Address: Ante Jakšića 10, 10 000 Zagreb
PIN: 12061569340
Identity number: 02962462
Mobile phone: +385 (0)98 611 467
E-mail: info@bonafidesinvest.eu
Website: http://www.cedior.org/