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Terms of Use

General Terms and Conditions

 

1. Scope of Applicability

The website kosovaideas.com is run by KOSOVA ideas  Gmbh based upon a mandate of the non-profit association KOSOVA ideas. On the website, www.kosovaideas.com  individuals and companies may present or financially support projects. KOSOVA ideas  Gmbh is hereinafter referred to as «operator», initiators of projects are hereinafter referred to as «project owners», users are not logged-in hereinafter referred to as «visitors», logged-in users are hereinafter referred to as «project backers».

Only individuals who are at least 18 years old (legal age) or legal entities may become project owners or project backers. 

By using the website visitors, project owners and project backers (together „users“) agree to these General Terms and Conditions. Use means opening www.kosovaideas.com, in an internet browser.

These General Terms and Conditions govern all contractual relationships between KOSOVA ideas  GmbH and the non-profit association KOSOVA ideas.

Contractual amendments on the use of special services for which a registration at kosovaideas.com is necessary to become legally effective upon successful registration or log-in by the user. 

The operator reserves the right to amend these General Terms and Conditions at any time.

 

2. Scope of Services

KOSOVA ideas  Gmbh operates the website www.kosovaideas.com on which visitors and project backers may discover and financially support projects. Such projects are submitted by project owners who are solely responsible for the content and the implementation of the projects. All copyrights and use rights remain with the project owners at all times. It is the sole responsibility of the project backers whether they wish to support a project. The operator does not guarantee the successful financing or the implementation of a project. 

 

3. Commission and Transaction Fees 

After a successful project campaign on kosovaideas.com, 90% of the total sums collected are transferred to the account of the project owner. Successful project campaign means that project has reached 35% of the financing goal within the first 15 days of the campaign. The fix duration of a campaign is 45 days. If the 35% hurdle was surpassed within the first 15 days the project owner receives 90% of the total amount raised during the 45 days oft he campaign, regardless whether financing goal was partially or fully reached or exceeded. The operator receives a commission of 6%. 4% are allocated to cover the transaction fees and the development and maintenance of the payment interface. This allocation to commission and fees applies to the total amount raised, i.e. including the amounts exceeding the financing goal. If the 35% hurdle is not reached after 15 days the campaign is stopped and the project owner bears not costs and the payments made are allocated by KOSOVA ideas at its own discretion to other actual campaigns.
 

4. Payments 

The association KOSOVA ideas is mandated by the project owner to collect the proceeds of project backers. For purposes of payment, the e-payment gateway routes the project backers to the payment provider of their choice. The payments are made to the account of the association KOSOVA ideas and are forwarded in two or more installments during the campaign and final accounts and last payment are normally made within seven days after the campaign ended.

By exception, the amount transferred to a project owner may be smaller than the 90% of the amount pledged:

In the event that credit cards deployed by the project backers cannot be charged;

·         In the event that the amount pledged by a project backer is transmitted to the account of the non-profit association KOSOVA ideas too late; or

·         For other reasons.

 

5. Personal Data

The user may enter personal data into his / her profile that are useful for the communication with other users.

At the time of submission of a project, project owners are requested to provide identification with an official document. The operator verifies that the information provided is accurate, if possible.

The operator reserves legal measures in the event false data is provided within the profile or the website. 

 

6. Use of Data and Data Protection 

The operator complies with the applicable data protection laws. 

With his / her registration on kosovaideas.com  the user agrees to the following provisions on the use of his / her personal data:

The operator processes personal data of the users (in particular contact details such as surname, name, e-mail address, address, telephone number) on its websites in order to ensure the functioning of kosovaideas.com. Such personal data is created only by the information provided by users and the use of the services offered. 

The user agrees to the digital storing of his / her personal data. The user agrees to the transmission of contact details to other users to facilitate the exchange of messages between the users. The users may process such personal data only for the purposes of the particular project at hand; a transfer to third parties is not permitted. 

Further, the operator is entitled to transmit the data to the e-payment provider concerned if required for purposes of charging services for payment.

If a user makes use of the services of, kosovaideas.com his / her data is masked and stored deploying cookies. The cookies do not contain personal data as such but rather support the functioning of the website.

In order to prevent abuse and fraud, the operator is entitled to store the IP-addresses of the users. 

The operator deploys appropriate organizational and technical measures to prevent the illicit processing of personal data. The operator processes the data exclusively for the purposes of providing the services for the users. The operator stores personal data only as far and as long as necessary. 

 

7. Obligations of the Users

The user is solely responsible for the content of his / her registration and the information provided. The user represents and warrants that the information provided is accurate. 

The user shall hold the operator harmless from any costs, claims, damages, losses or other claims that may derive from his / her registration or receipt of kosovaideas.com services.  

The user shall treat e-mails and any other exchanged messages confidential and shall make these available to third parties only after prior explicit consent of the sender. This applies in particular to the surname, name, telephone number, address, e-mail addresses, and URLs.

Further, the user shall not make any improper use of the services of an operator, in particular:

·         No dissemination of defaming, offensive or otherwise illicit material of information. This applies in particular to pornographic, racist, inciting or similar content. 

·         No introduction of data into the system that contains computer viruses (infected software) or software or other material, that potentially damages operator’s hard- or software.

·         No publishing of copyrighted material unless the user is rightfully entitled to do so.

 

8. Special Obligations of the Project Owner

The project owner represents and warrants to the operator that he/she has the legal age and to identify himself/herself with an official document.

With the submission of information, the project owner grants the Operator a non-exclusive, worldwide, perpetual right to use the project information free of charge. The project owner grants the operator the right to store, publish, make available to the third parties the submitted project information (text, pictures, videos) as well as surname and name in the event that this serves the promotion of the project, the project owners or kosovaideas.com. The operator is entitled to use and make available the project information as such, in part, in amended form, or in combination with operator’s own content.

 

9. Copyright

The operator reserves the copyright in all of its own content on its websites. Copying or use of such content is permitted only with the prior written consent of operator. 

 

10. Liability

The operator is not responsible or liable for the up-to-dateness, the accuracy, the completeness or the quality of the information provided or the potential misuse of the information by third parties. 

Any liability for economic, personal or intangible damages that derive from the use of kosovaideas.com is explicitly excluded. 

All offers are without obligation and non-binding. The operator endeavors to ensure the provision of the services but cannot warrant the uninterrupted availability. Any liability for technical transmission delays or outages is excluded.

The operator reserves the right to amend or suspend the services or parts thereof temporarily or definitively at any time.

The operator is not liable for the illicit use of personal data by third parties.

The operator is not liable for hyperlinks that are beyond operator’s responsibility. In the event, the operator gains knowledge of a hyperlinking to websites with illicit content the operator will take all reasonable measures to delete such links.

 

11. Severability

If any provision of these General Terms and Conditions is found to be unenforceable or invalid, the validity of the remaining provisions or the validity of the contract shall not be affected. The invalid or unenforceable provision shall be replaced by the parties with a valid and enforceable provision which shall correspond with the original provision in its economic aim. The same applies to any potential gaps within the contract. 

 

12. Jurisdiction, Applicable Law

Swiss Law shall apply to these General Terms and Conditions and any further agreements the user enters into with the operator. Place of jurisdiction is Basel, Switzerland.