Article 1: Definitions
- Capitalized terms used in these Terms and Conditions have the following meaning, unless defined elsewhere in the Terms and Conditions:
- “Backer”, “User”, “you”, “your” and similar terms: Any person or entity who visits the Website (regardless of the intent and regardless of how the Website is entered) and/or contributes an amount to REstart Refugees through the Websites online system.
- “Confidential Information”: Any information, whether in written or any other form (including oral information), which is identified as confidential or is clearly by its nature confidential, including without limitation any and all information which concerns the business, finance, organization or future plans of REstartRefugees, where such information is already in the public domain or has been provided by a third party other than as a result of a breach of an obligation of confidentiality, then such information will not be regarded as confidential.
- “Contribution”: Together the Specific Contribution and Ordinary Contribution.
- “Intellectual Property”: All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information and any other intellectual property rights, whether registered or unregistered, and including all applications and renewals in any part of the world.
- “Ordinary Contribution”: A donation where REstart Refugees can use the amount optionally to a company or a company idea from a refugee client.
- “REstart Refugees”, “we”, “our” and similar terms: REstartRefugees, a social economic company, registration (CVR) no. 39424576, with a registered office at Fibigerstræde 11, DK-9220 Aalborg Ø.
- “RestartRefugees Fee”: The Restart Refugees Fee contains 15 % of the Contributions for facilitating the Contributions through the Website’s online system.
- “REstart Refugees Partners”: The founder and key employee of REstart Refugees, which includes Alexis Rhyner.
- “Specific Contribution”: A donation for a specific company or company idea by a refugee client selected by the Backer.
- “Website”: https://restartrefugees.com/ and any other website created by or associated with REstartRefugees in any language and in any country it is available in.
Article 2: Use of Website
- These Terms and Conditions are entered into by and between you and REstartRefugees. The Terms and Conditions govern your use of the Website and apply to all Contributions made by you through the Websites online system.
- Upon the Ordinary Contribution or Specific Contribution through the Websites online system, you acknowledge that you have read and agreed to be bound by these Terms and Conditions.
- If you do not accept all of the provisions in the Terms and Conditions, please do not use the Website.
Article 3: Contributions and Scope of REstartRefugees facilitating of the Contributions
- Through the Website REstart Refugees provides an online system on which the REstart Refugees receives Contributions. You can pledge all Contributions through the Website’s online system.
- By making an Ordinary Contribution or Specific Contribution through the Website’s online system, you acknowledge that such Contribution is donated to RestartRefugees. Restart Refugees will subsequently send you a confirmation e-mail. Accordingly, REstart Refugees assumes no responsibility for the performance of the Contributions, including in relation to timeliness, communications or personalization settings.
- In case you have not received the confirmation email within 4 hours after a Contribution has been made, it is your own responsibility to contact REstart Refugees in order to obtain such confirmation email. It is your responsibility to make sure that the confirmation e-mail is in accordance with what you contributed on the Websites online system. It is also your responsibility to contact REstart Refugees, if you become aware of any mistake or incorrect information contained in the confirmation e-mail.
- The information that REstart Refugees discloses is based on the information provided to REstartRefugees. The REstart Refugees Partners have access to [an external server] where they can upload the Contribution information. The REstartRefugees Partners are fully responsible for updating the Website with the correct information about the Contribution and other information available or displayed on the Website. Although REstart Refugees shall use reasonable diligence and care in performing its duties, REstart Refugees does neither verify whether nor guarantee that any information stated on the Website is accurate, complete or correct, nor shall REstart Refugees be held responsible for any errors (including manifest and typographical errors), interruptions (such as temporary and/or partial breakdown, repair, upgrade or maintenance of the Website or its corresponding systems), inaccurate, misleading, untrue information or non-delivery of information.
- REstart Refugees cannot be held responsible for any complaints or claims related to the receiving Contributions.
- You represent, warrant and undertake that at the date on which you accept these Terms and Conditions and at all times thereafter during the term of these Terms and Conditions:
(ii)to be financially responsible for all of your use of the Website (as well as for use of your profile by others, including minors living with you);
(iii)all biographical and other information that you provide to REstart Refugees is true and accurate in all respects, up-to-date and not misleading in any way
(iv)you agree to use REstart Refugees and the Website only for purposes that are legal, proper and in accordance with these Terms and Conditions and any applicable law, rules or regulations;
(v)you will in connection with the all Contributions (a) comply with all applicable laws, statutes and regulations, (b) not engage in any activity, practice or conduct which would constitute an offence under such regulation, and (c) not do, or omit to do, any act that will cause or lead REstart Refugees or any of its other Backers to be in breach of any part of such regulation; and
(vi)you agree not to directly or indirectly contact or solicit, or attempt to solicit, any employees or representatives other than through REstart Refugees. This obligation is effective from the time when you are introduced to an employee at REstartRefugees and extends to cover the period of 24 months from the date of your Contribution.
You acknowledge and agree that when making a Contribution at REstart Refugees’ Websites online system, you shall be acting in your own capacity as an independent party to REstart Refugees and in doing so you shall not be the employee, agent, legal representative, or partner of REstartRefugees or have the right or authority to assume or create any obligation or responsibility, whether express or implied, on behalf of or in the name of REstart Refugees.
Article 4: Payment
A Backing is made online using a credit card or via bank transfer. The Contribution is only valid if the payment is registered in the REstart Refugees payment system in the Website’s online system.
Payment to REstart Refugees will be made automatically and simultaneously with your Contribution in the Website’s online system.
The Contribution will initially be held, but not withdrawn from accounts, until the entire amount of the campaign has been raised.
Article 5 Available Currencies
- All Backings can be made in the Website’s online system, and the Backings are displayed including the RestartRefugees Fee, unless stated differently on the Website.
- The currencies available on the Website: US Dollars (USD), Euro (EUR), Pound Sterling (GBP) and Danish Krone (DKK).
- Obvious errors and mistakes (including misprints) are not binding for REstart Refugees.
Article 6: Language Guarantee
- When you pledge an amount through the Websites online system, you have the option of contributing such amount in English.
- The language guarantee ensures that you receive a message from a REstart Refugees Partner that is able to communicate to an extent required in the available language.
- If REstart Refugees for any reason is unable to fulfill the language guarantee, your sole remedy is a refund of the Contribution linked to the language guarantee. REstart Refugees shall not be held liable for any further damage resulting thereof.
Article 7: Refunds
- By making all Contributions through the Websites online system, you accept and agree to the relevant refund policy of REstart Refugees. The general refund policy is made available on the Website and during the contribution procedure.
- A Specific Contribution can be fully refunded up to 7 days, if the specific company or company idea of any reason cannot be founded. The amount will be refunded to your credit card or money transferred to your bank account used while placing the Specific Contribution.
- Late payment, wrong or incomplete bank-, debit- or credit-card details, invalid credit/debit cards or insufficient funds is your sole responsibility and you are thus not entitled to any refunds.
Article 8 Privacy and Cookies
Article 9 Data Protection
REstart Refugees shall at all times comply with all applicable data protection and privacy legislation regarding the processing of all personal data obtained or held by REstart Refugees. For the purposes of these Terms and Conditions, the term “personal data” shall have the meaning given in the European General Data Protection Regulation (the “GDPR”).
REstart Refugees store and process personal data submitted by you, such as your name, address, e-mail, telephone number, bank information, gender, date of birth and occupation. REstart Refugees is the data controller for this personal data, and will as a starting point not discloses your personal data to a third party, unless to service providers and data controllers, who undertakes work on behalf of REstart Refugees. However, the Backer acknowledges and agrees that in certain circumstances REstart Refugees is obliged or entitled to disclose personal data to third parties, e.g. in order to comply with any requirements of applicable law or any legal process, or as directed by a competent court of law or governmental authority, or to protect and defend the rights of property of REstart Refugees, if the concerned third party is under a duty of confidentiality.
The personal information is stored in such time as is allowed according to applicable law, and REstartRefugees deletes personal information, when the information is no longer necessary to keep. The period of storage depends on the character of the information and the background of keeping such data.
Article 10: Newsletters
If you provide us with personal information, we may send newsletters and other communications deemed relevant by us to your email. You may opt out of newsletters at any time by clicking the unsubscribe link in the newsletter or emailing REstart Refugees at Info@REstartRefugees.com.
Article 11: Disclaimer
- REstart Refugees makes no warranties or guarantees for the content presented on the Website regarding REstart Refugees. The information on the Website may include inaccuracies or typographical errors. REstart Refugees does not guarantee the accuracy of, and disclaims any liability for, inaccuracies relating to the information and description of REstart Refugees and their description of a Contribution on the Website.
- REstart Refugees expressly disclaims all warranties of any kind and shall to the extent permitted under applicable law not be liable for any loss or damage, or any costs, expenses or other claims, including without limitation (i) direct damages, (ii) loss of profits or revenue, (iii) loss of goodwill, (iv) indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of the Website or these Terms and Conditions unless REstart Refugees have acted with gross negligence. Notwithstanding the foregoing, in no event will the total, cumulative liability of REstart Refugees for damages under these Terms and Conditions exceed the amounts earned by REstart Refugees, respectively, for the Contribution giving rise to such damages.
- REstart Refugees waives any and all liability in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond its reasonable control, and has no responsibility for any additional expenses, omission, delays, re-routing or acts of any government or competent authority.
- You agree to defend, indemnify and hold REstartRefugees harmless from and against any claims, losses, damages, fines or other costs or expenses of any kind or nature (including legal and accounting fees) brought (i) by you or on your behalf in excess of the liability described above, (ii) by third parties arising out of your use of the Products or Services, or (iii) by third parties arising out of your breach of these Terms and Conditions, or your violation of any applicable law or the rights of a third party.
You are responsible for the technical equipment and software required to use the Website, for example: Internet access, browser, email, etc. REstart Refugees waives any and all liability for any loss caused by the fact that you used the Website without following the technical specifications and additional instructions.
Article 12 Intellectual Property Rights
- All Intellectual Property Rights in any material provided to you by REstart Refugees at and/or contained on the Website belong to REstart Refugees or its affiliates, suppliers, and providers with all rights reserved. Any reproduction, modification or redistribution,in whole or in part, requires REstart Refugees prior written consent. Any unauthorized use of any material will constitute a material infringement of the Intellectual Property Rights of REstart Refugees or its affiliates, suppliers as the case may be.
- You will not provide confidential, proprietary or trade secret information to REstartRefugees that may infringe, misappropriate or conflict with any Intellectual Property Rights of any third party.
- You hereby agree to keep REstart Refugees indemnified against any and all liabilities it may incur in connection with any claims or proceedings brought against REstart Refugees based on a claim that the information provided by you to REstart Refugees infringes any Intellectual Property Rights or other proprietary rights of any third party.
- Furthermore, you hereby agree not to make modifications, modify or otherwise change the received Products or Services.
- Notwithstanding any other provision of these Terms and Conditions, as between the parties, REstart Refugees will be the sole and exclusive owner of any and all Intellectual Property Rights.
Article 13 Transfer and assign
REstart Refugees is entitled to transfer, assign, otherwise part with any or all of its rights and obligations under these Terms and Conditions to an assignee which is affiliated with REstart Refugees without your consent.
You are not entitled to assign or subcontract your rights and obligations under these Terms and Conditions to any assignee without Restart Refugees’ prior written consent.
Article 14: Confidentiality
- You acknowledge and agree that any Confidential Information disclosed to you or otherwise given in connection with these Terms and Conditions is the proprietary and confidential property of REstart Refugees.
- You undertake to keep confidential and not disclose the Confidential Information to any third party except insofar as the Confidential Information is required to be disclosed by law or by regulation, provided that you (i) shall to the fullest extent legally permissible notify REstart Refugees as appropriate, in writing of the information to be disclosed and of the circumstances in which the disclosure is alleged to be required as early as reasonably possible before such disclosure must be made and (ii) shall take all reasonable action to avoid and limit such disclosure.
- For the avoidance of doubt, you acknowledge and agree that you will not disclose any Confidential Information of REstartRefugees to any other third party. You will not use any Confidential Information for any purpose other than for donating Contributions and/or Contributions through the Websites online system with the REstartRefugees in accordance with these Terms and Conditions.
- You acknowledge and agree that any breach of this article 15 may cause irreparable harm to REstart Refugees, and that damages would be an insufficient remedy in respect of such breach. Without prejudice to any other rights it may have, REstart Refugees shall be entitled to seek relief and other applicable equitable remedies in respect of any such breach.
- REstart Refugees will at all times undertake to keep any information provided by you confidential.
Article 15: Applicable Law and Jurisdiction
These Terms and Conditions shall be subject to and governed by the Laws of Denmark. Any dispute that might arise from these Terms and Conditions shall be exclusively subject to the jurisdiction of the City Court of Aalborg, Denmark.
Article 16: Severability
If any provision in the Terms and Conditions are deemed invalid, void or for any reason unenforceable or in conflict with applicable law, such provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions in the Terms and Conditions.
Article 17: Contact Information
Company reg. (CVR) no. 39424576
DK-9220 Aalborg Ø
Telephone DK: +45 31 13 73 36
Article 18: Alteration or Amendments to the Terms and Conditions
REstart Refugees reserves the right to make changes to the Website and these Terms and Conditions at any time. Your usage of the Website and your undertakings will be subject to the Terms and Conditions in force at the time that you use the Website.
Any alterations or amendments shall be effective upon posting by REstart Refugees on the Website. You agree to be bound to any changes to the Terms and Conditions when you use the Website or order any Products or Services after any such alterations or amendments are posted.
Article 19: Termination
- These Terms and Conditions shall come into force on the date of your acceptance of it and shall continue until terminated by either you or REstart Refugees in accordance with this article 19.
- You may terminate these Terms and Conditions at any time with or without cause on written notice to REstartRefugees at the address or email address stated under article 17 of these Terms and Conditions.
- REstart Refugees may at its sole discretion and without prior notice terminate these Terms and Conditions immediately at any time with or without cause on written notice to you at your designated email address or other designated contact address.
- Upon termination pursuant to this article 19, articles 11, 12, 14 and 15 remain in effect.