Welcome to DALENDO!!
ATTENTION, PLEASE READ THESE GENERAL TERMS OF SERVICE OF THE SITE CAREFULLY.
ACCEPTING THESE TERMS OF SERVICE OF THE SITE MEANS THAT YOU COMMIT YOURSELF TO RESPECT THE TERMS AND CONDITIONS HEREIN INCLUDED.
IN CASE YOU DISAGREE WITH THE TERMS OF SERVICE OF THE SITE AND/OR DO NOT WANT TO RESPECT THE SITE, THEN YOU MUST NOT ACCEPT THEM. AS A CONSEQUENCE, YOU RENOUNCE TO BENEFIT FROM THE SERVICES PROPOSED ON THE SITE.
Preamble
These terms of service (hereinafter the “TOS”) constitute the general rules to be respected for the use of the Site and/or the Services by the User(s).
By clicking on “I have read and accept the DALENDO Terms of Service”, you acknowledge and accept that you enter into a legally binding agreement with DALENDO and that you commit yourself to respect them.
The DALENDO electronic platform is the exclusive property of the company DALENDO USA, registered under the laws of the State of New York, 333 East 46th Street #1F New York, New York 10017 (hereinafter referred to as the “Company”).
The Services offered by the Company have as a purpose to:
(i) link Project Holders and Contributors via the DALENDO Internet platform to facilitate their interaction and promote the Projects presented on the Site, and
(ii) collect the Contributions via the Crowdfunding Site to allow the Contributors to support the Project Holders and to finance the Projects presented on the Site.
ARTICLE 1 DEFINITIONS AND INTERPRETATIONS
Save intention expressed differently, the words beginning with a capital letter in these Terms of Service have the following meanings:
“Association” designates any non-profit organisation subject to the law of its country of registration;
“Compensations” designates any specific benefits that the Project Holder proposes to return or make available to the Contributors in exchange for their Contribution. It is the Project Holder who defines the compensations proposed in the scope of a project;
“Bank Account” designates any account opened in the name of the User in the books of an institution that has the necessary authorisations for the holding of such account, and that allows the provision of banking services in accordance with the legislation of the country of residence of the payment institution;
“Payment Account” designates the account held in the name of a Dalender, and opened in the Payment Service Provider's books, used to allow the collection of Contributions regarding the financing of a Project on the Site;
“Terms of Service” designates the present agreement, determining the Site’s terms of use and its Services, and that the User must accept and respect in order to become a User of the DALENDO Site;
“Contents” designates the assembly of the graphic, visual, textual, commercial, virtual, and computerised elements and data that appear on the DALENDO Site and which, when structured, confer it its identity;
“Contribution” designates any cash sum collected for the Project Holder, by the payment service provider via the Site from the Contributors, in order to finance one or more Projects proposed on the Site;
“Contributor” designates a User who has registered and opened an account on the Site as a Contributor and who is willing to support one or more Projects proposed on the Site by making cash contributions to the Project Holders;
“Project Holder” designates a User who has registered and opened an account on the Site as a Project Holder with the purpose of obtaining financial support for his/her Project(s) by one or more Contributors;
“Dalender” designates a registered User who has opened an account on the Site as a Project Holder or as a Contributor;
“Intellectual Property Rights” designates the intellectual property rights as defined in the Intellectual Property Code and national conventions, particularly the industrial property rights (patents, trademarks, drawings, models, domain names, corporate name, trade name, etc.) and literary and artistic property (copyright, software, neighbouring rights, etc.);
“Personal Space” designates the User account created by DALENDO for the Dalender, accessible from the Site, strictly personal to the Dalender, and whose access is protected by a password;
“Company” designates the company DALENDO USA, registered under the laws of the State of New York, 333 East 46th Street #1F New York, New York 10017. The Company operates the Site and offers to Contributors the option of opening a Payment Account, particularly at MANGOPAY for the purpose of making a Contribution to a Project Holder;
“Internet” designates different networks of servers located in various locations throughout the world, connected by means of communication networks, and communicating through a specific protocol;
“Capacity” designates the amount of Contributions that the Project Holder hopes to obtain via the Site in order to finance the execution of his/her Project;
“Firm” designates a legal entity governed by a public or private legal person other than an Association;
“Force Majeure” designates any exceptional, unpredictable and irresistible event justifying the exemption from an obligation, commitment or responsibility;
“Mentor” designates any institution, organisation, media, association, or firm that supports the projects presented by DALENDO on or outside the Site. Be it by a financial contribution or by giving them visibility outside DALENDO;
“Party” designates, according to the context, DALENDO and/or the User;
“Parties” designates, at the same time, DALENDO and the User;
“Payment Service Provider” designates the Payment Service Provider commissioned by DALENDO to collect the Contributions from the Contributors on the Site, in order to finance the projects of the Project Holders. The Terms of Service of the Payment Service Provider are available at the following address: https://www.mangopay.com; https://www.square.com ; http://www.paypal.com
“Project” designates any idea, profit or non-profit initiative presented by a Project Holder on the Site, in accordance with the Terms of Service, and that the Project Holder wishes to finance;
“Services” designates the assembly of the Services offered by the Company, particularly the linking of Project Holders and Contributors via the DALENDO Internet platform, in order to facilitate their interaction and to promote the Projects presented on the Site, as well as the collection of Contributions via the Site, in order to allow the Contributors to support the Project Holders and to finance the Projects presented on the Site;
“Site” designates the virtual platform www.dalendo.com, developed by the Company on the Internet, owned by the company DALENDO and whose function is to offer crowdfunding services to the Users;
“User” designates any natural or legal person who accepts the Site’s Terms of Service;
“Business Day” designates a day of the week when the banks, as a rule, are open;
“Individual” designates any natural person who, at the date of his/her registration on the Site, has full legal capacity with regard to the law applicable to him/her;
“Contributions Collection Period” designates the period during which the Contributors may contribute via the Site and attain the Capacity to finance a Project;“Completion Period” designates the period during which the Project Holder substantiates his/her project, after obtaining the requested financing;
“Follow the project”: The contributors may follow projects without making a contribution. This gives them the opportunity to stay informed about the Projects presented by the Project Holders.
In the absence of a reference to the contrary or according to the context that imposes a different meaning:
When the TOS refer to legal, regulatory or administrative clauses, they must be interpreted taking into account the latest applicable versions, as well as any instruments relating to their application;
The words used in these TOS may be understood in the singular or plural form;
When reference is made to a person, his/her successors, heirs, beneficiaries, or assignees of business capital are implicitly concerned;
When reference is made to a document, it is the updated version of the last that must be taken into account;
ARTICLE 2 AGREEMENT
These Terms of Service are applied to the User, from the time he/she logs in to the Site until he/she logs out. Acceptance of these Terms of Service is a condition for the use of the Site and its Services.
ARTICLE 3 SUPPLIER OF THE SERVICE
The company DALENDO USA, registered under the laws of the State of New York, 333 East 46th Street #1F New York, New York 10017 (hereinafter referred to as the “Company”).
Email address: contact@dalendo.com
ARTICLE 4 CHARACTERISTICS OF THE SERVICE AND THE ACCESS OF THE SITE
DALENDO is a financial and technological platform that links Project Holders, who seek to finance one or more Projects, and Contributors interested in financially support one or more Projects.
When a Contributor decides to support a Project Holder by a Contribution, it is important to understand that DALENDO is not a party of the prospective legal relationship that may be established between the Contributor and the Project Holder. DALENDO is remunerated by the Project Holders on the basis of the amount of financing successfully obtained.
It should be noted that DALENDO does not provide payment services to the Users. A Payment Service Provider is commissioned by DALENDO to manage the financial transactions.
As a reminder, a careful reading of the TOS and the acceptance of the latter, by clicking on the button provided for this purpose, are an essential condition for the utilisation of DALENDO’s Site and Services. The User thus acknowledges, being thoroughly informed, that the acceptance of the present TOS is considered to have been performed and therefore does not require a handwritten signature of the document.
The User may save these TOS. The saving of this document is his/her sole responsibility.
ARTICLE 5 REGISTRATION TO THE DALENDERS COMMUNITY
The registration of the User on the Site to become a Dalender requires the filling of all the obligatory fields of the registration form, available on the Site. The Individuals, Firms, Territorial Governments and Associations are eligible to become Dalenders of the Site’s community.
It should be noted that the registration is necessary to take full advantage of the Services offered on DALENDO.
By completing the registration form, the User commits himself/herself to provide accurate information to the Company. The latter may extinguish such registration at any time and without advance notice, in the case of infringement and/or violation by the User of his/her obligations.
The personal information that is collected during the registration of the User is necessary for the access to the Services and the proper operation of the Site. DALENDO may request of the Users additional information for the realisation of games, surveys or promotional offers.
Once the Site’s form is clearly and duly filled in, with all the requested information, the persons having a valid email address and having previously accepted these Terms of Service can become Dalenders, holders of a Personal Space on the Site.
The Dalender has a username and a password that are strictly personal and confidential, and that must not be communicated or shared with third parties. This information is required by the Dalender when connecting to his/her Personal Space.
The User may sponsor a friend and communicate his/her details to DALENDO. However, the User commits himself/herself to obtain beforehand an express consent from his/her friend for the communication of the details of the latter. DALENDO will then contact this friend, in the name of the User, via an email, informing the Services offered by DALENDO. It must be specified that, when the User provides this information, he/she does so in a voluntary and free manner, and under full and exclusive responsibility.
5.1 REGISTRATION OF THE PROJECT HOLDER TO THE SERVICE
It is recalled that the access to the Site and the utilisation of its Services denotes the acceptance, without restriction or reservations, of the Terms of Service.
The registration on the Site as a Project Holder is reserved to any natural or legal person,
. · fiscally domiciled in the country of residence indicated by him;
· having opened an account under the conditions defined below.
Th Project Holder acknowledges that he/she has the legal capacity and competence needed for the utilisation of the Service.
- To register, the Project Holder must fill the registration form submitted to him/her, including particularly requests for information concerning the corporate name, his/her mailing address, an email address, and his/her registration number in the Commercial Register. It is recalled that the Project Holder must provide accurate and complete information and update it immediately, in the case of modification. The Project Holder will not be able to access the next stage of his/her registration, if he/she does not complete all the obligatory fields of the form.
Once the form is correctly completed and validated, DALENDO will notify the Project Holder of the opening of his/her personal user account and the confirmation of his/her email address. The Project Holder will then be able to access his/her Personal Space on the Site and present his/her Project(s) for the purpose of obtaining funding from the Contributors - 5.2 REGISTRATION OF THE CONTRIBUTORS TO THE SERVICE
It is recalled that the access to the Site and the utilisation of its Services denotes the acceptance, without restriction or reservations, of the Terms of Service.
The registration on the Site as a Contributor is reserved for legally capable natural persons and legal persons, meeting the following cumulative conditions:
· fiscally domiciled in the eligible countries covered by Dalendo, namely North America, Canada, Brazil, Europe (SEPA zone), and Hong Kong
· acting in a personal, non-professional and non-commercial scope,
· having opened an account under the conditions defined below.
The Contributor acknowledges that he/she has the legal capacity as well as the competence needed for the utilisation of the Service.
It should be noted that, when opening a Dalender account with DALENDO, the Contributor must also open a Payment Account with the Site’s Payment Service Provider in order to allow the Collection of his/her Contributions. This Payment Account will then be associated with the Contributor's Dalender account.
Imperatively, the Contributor must take knowledge of the Terms of Service of the Payment Service Provider that will be submitted to him, and accept them by clicking on the button provided for this purpose.
To register, the Contributor must complete the registration form submitted to him/her containing the requests of basic information about his/her identity, mailing address, and email address. It is recalled that the Project Holder must provide accurate and complete information and update it immediately, in the case of modification. The Project Holder will not be able to access the next stage of his/her registration, if he/she does not complete all the obligatory fields of the form.
Once the form is correctly completed and validated, DALENDO will notify the Contributor of the opening of his/her personal user account and the confirmation of his/her email address. The Contributor will then be able to access his/her Personal Space on the Site and make one or more Contributions to one or more Projects.
The Contributor accepts and authorises DALENDO to communicate to the Project Holders some basic personal information, both to facilitate the reception of the Contributions by the Project Holders and to allow them to transmit directly information about the Projects and any tax invoices Available.
5.3 CLOSING OF THE USER ACCOUNT
The user account is open for an indefinite period. The account may be closed by the Dalender by notifying DALENDO of his/her decision, and following the procedure set up on the Site at the following address: contact@dalendo.com
Furthermore, in the case of violation or infringement by the Users of the terms and conditions of these TOS, DALENDO reserves the right to close the User account or part of its contents, or restrict the access to the User, without indemnity nor advance notice and in a discretionary way.
In the event that a Contributor's user account has been closed, he/she will no longer be able to access and use his/her payment account from the Site, and must also contact the Payment Service Provider directly to close his/her payment account.
The Payment Service Provider remain responsible for the transfers of the Contributions to the Project Holder to his/her Bank Account.
ARTICLE 6 THE SERVICE OF LINKING THE PROJECT HOLDER AND THE CONTRIBUTOR
6.1 INFORMATION ON THE PROJECTS TO PROMOTE ON DALENDO
In order to promote his/her Project on the Site and to find financing for its realisation, the Project Holder notably provides the following information:
· a presentation of the Project Holder (possibly from his/her Directorate);
· a clear presentation of the Project;
· the need of financing for the completion of the Project (the Capacity);
· The possible Compensations (nature, form and value) that the Project Holder will offer to the Contributors in exchange for their support to the Project
The information must be clear, complete, accurate and not misleading. DALENDO may request additional documents, if this is deemed necessary for the proper operation of the Service.
The Project Holder commits himself/herself to ensure that the Project complies with all applicable laws and regulations. In addition, he/she declares to have the rights and authorisations necessary for the publication of his/her Project on the Site.
The Project Holder assumes his/her responsibility towards the Contributors and DALENDO in the information that he/she communicates on his/her Project.
The Project Holder does not have a vested right to present his/her Project on the Site. In fact, DALENDO may refuse the Project, without having to justify its refusal. DALENDO may also request the Project Holder to make some modifications to the Project’s presentation.
6.2 COLLECTION OF THE CONTRIBUTIONS
The Project Holders may ask Contributions for the benefit of one or more of their Projects proposed on the Site. DALENDO may deny to the Project Holder the possibility of launching more than one project, from the moment that the legitimate interests of the Contributors are likely to be in imminent, potential or acknowledged danger. DALENDO may not give reasons for its decision. It is the responsibility of the Project Holder to determine any Compensations to the Contributors who have made Contributions to their Project(s).
On the basis of the published information and the presentations of the Projects on the Site, the Contributors may choose to make one or more Contributions to the development of one or more Projects, in accordance with the conditions defined below.
The minimum amount of Contribution from a Contributor to a Project Holder is 5 euros.
The Collection period cannot exceed 90 days.
The Contributor declares that the source of the Contributions that he/she makes to the Project Holder via the Site is legal and does not serve to finance activities contrary to the law, the public order or the moral.
It is recalled that DALENDO is an intermediary between the Project Holder and the Contributor, in the scope of a Project, and that the act of making a Contribution by a Contributor does not generate a contractual bond between the latter and DALENDO.
The Projects Holders organise the Collection of the Contributions on the Site. They are the sole responsible for the risks relating to the progress and the completion of the Projects.
6.3 REGULATION OF THE CONTRIBUTIONS
It should be remembered that the Contributions deposited by the Contributors in favour of the Project Holders never pass through DALENDO’s bank accounts. In fact, it is the Payment Service Provider who manages the financial transactions occurring on the Site.
The regulation of the Contributions is carried out on-line, according to the medium of payment proposed by the Payment Service Providers on the Site.
Past the retraction period of 48 hours, before the end of the Contributions Collection Period, the Contributor can no longer dispose of the amounts equivalent to the Contributions he/she has made on the Site to the Project Holders. In fact, his/her payment account is blocked and if the Capacity is reached, within the allotted time, the sums of the Contributions will be irrevocably transferred to the Project Holder’s bank account.
In the scope of the fight against money laundering and the financing of terrorism, in case of the transfer of a contribution bigger than $/€250 and/or the accumulation of contributions more than $/€2,500, the following data must be provided:
- Identity document: National Identity card or valid passport-
- A proof of address of less than 3 months (excluding a mobile subscription invoice)
- A Bank Identity Statement (BIS)
- An updated photo: being understood that no user sees the amount of money that you pay.
These documents are obligatory, as soon as the amount that passes through the Contributor's payment account exceeds 2,500 euros, and/or when a reimbursement from the Contributor's payment account to his/her bank account is made.
6.4 FOLLOW-UP OF THE CAPACITY BY DALENDO
The Project Holders and Contributors may follow the Capacity’s progress during the Contributions Collection Period by logging into their Personal Space on the Site.
DALENDO informs the Project Holder of the amount of each Contribution made for his/her benefit, as well as the date of deposit of the Contribution. DALENDO also communicates the nominative summary information concerning the Contributor, in accordance with the TOS.
6.5 ANNULMENT OF CONTRIBUTIONS
During the Contributions Collection Period, the Contributor can modify and/or annul his/her Contributions. This is the right of retraction.
However, in order to allow the Project Holder to reach the Capacity amount for the financing of his/her Project, the Contributor can no longer use his/her right of retraction 48 hours before the end of the Contributions Collection Period.
If the Contribution has been made by the Payment Provider MANGOPAY, the amount corresponding to the Contribution is reimbursed to the Contributor's Bank Account, by annulment of the transaction in the case of payment by card or by transfer, when the annulment of the payment is not possible.
If the Contribution has been made by the Paypal systems, no amount will be withdrawn from the Contributor's bank account after the Contributions Collection Period is over.
In the case of the annulment of a Project by the Project Holder, after the successful closing of the Contributions Collection Period, DALENDO and the Contributors must be notified. The Contributions will then be considered annulled and the Project Holder will have to reimburse them to the Contributors.
6.6 FAILURE OF THE PROJECT HOLDER
On no account, DALENDO will be held liable in the case of the failure of the Project Holder to fulfil his/her obligations.
In the case of the annulment of a Project, whose Capacity has been reached within the allotted time, it is the responsibility of the Project Holder to proceed to the reimbursements to the Contributors.
DALENDO may communicate the name and surname, email address, and any other information that it may deem useful to allow the Contributor, who actually requests it, to contact the Project Holder who fails to fulfil his/her commitment to respond to the Contributors, and/or deliver the Compensations within the specified time limits and/or according to the terms defined by him/her.
It is the responsibility of the Dalender, both the Contributor and the Project Holder, to inform themselves and pay any taxes or levies arising from the financing provided by the Contributions on the Site.
Concerning the tax invoices, it is the responsibility of the Project Holder to establish and communicate them to the Contributors. The Contributor must contact the Project Holder directly, in the case of a complaint relating to tax invoices.
6.8 REALISATION OF THE PROJECTS AND COMPENSATIONS
DALENDO will communicate to the Contributors the information received from the Project Holders regarding the start and progress of the supported Projects and, where applicable, the realisation and results of the Projects financed by the Contributors.
From the end of the Contributions Collection Period, the Project Holder commits himself/herself to provide any Compensations offered to the Contributors.
The Project Holder freely determines the Compensations of his/her project. The Compensation comes as a reward for the contribution made by the Contributor to the project.
The Compensations must be in direct connection with the project and not violate the present TOS, particularly in terms of intellectual property, and must respect, in a general way, the legal, regulatory and administrative norms.
The Project Holder assumes his/her responsibility towards the Company for any damages against DALENDO, a User, a Dalender, or a third party that results from the realisation of a Project financed by the Contributions on the Site.
6.9 MODIFICATION, INTERRUPTION AND SUSPENSION OF THE SERVICE
DALENDO must be able to upgrade its Site and services in order to better satisfy its users. DALENDO also reserves the right to modify its platform and remove elements, without previous notification. DALENDO will not be liable for any modification to the existing Service or to future services. DALENDO reserves the right to suspend the Service temporarily or permanently, without indemnity nor advance notice. DALENDO will not be liable in the case of suspension of the Service.
In the case of the cession of its activity, or in the case that DALENDO no longer assumes the Service, an agreement concerning the extinctive management of DALENDO’s activities was concluded between the latter and the Payment Service Provider.
ARTICLE 7 REMUNERATION OF THE DALENDO SERVICES
The registration on DALENDO is free. There is no application fee.
DALENDO receives a commission on the financed projects, that is to say, when the Project Holder has successfully obtained the amount of financing sought for the realisation of his/her project.
It should be noted that DALENDO’s remuneration is supported by the Project Holder.
Dalendo receives a commission on the amount of the Contributions collected for the benefit of the Project Holder through the Site. The rate of this commission varies, depending on whether the amount of the Contributions successfully collected is less than or equal to one hundred thousand euros (100,000 euros), or more than one hundred thousand euros (100,000 euros).
When the amount of the Contributions successfully collected for the Project Holder is less than or equal to one hundred thousand euros (100,000.00 euros):
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- The applicable percentage for the Dalendo’s commission is six per cent (6%) HT if the Project Holder has opted for the payment processing by MANGOPAY, or other non-PayPal payment.
- The applicable percentage for the Dalendo’s commission is five percent (5%), excluding VAT, if the Project Holder has opted for the payment processing by PayPal.
When the amount of the Contributions successfully collected for the Project Holder exceeds one hundred thousand euros (100,000 euros), a degressive rate is applied:
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- Between 0 and 100,000 Euros, the applicable percentage for the Dalendo’s commission is 6.5% HT, if the Project Holder has opted for the payment processing by MANGOPAY. The applicable percentage for the Dalendo’s commission is five percent (5%), excluding VAT, if the Project Holder has opted for the payment processing by PayPal.
- Between 100,001 and 500,000 Euros, the applicable percentage for the Dalendo’s commission is 5.5% HT, if the Project Holder has opted for the payment processing by MANGOPAY. The applicable percentage for the Dalendo’s commission is 4% HT, if the Project Holder has opted for the payment processing by PayPal.
Between 500,001 and 1.000,000 Euros, the applicable percentage for the Dalendo’s commission is 4.5% HT, if the Project Holder has opted for the payment processing by MANGOPAY. The applicable percentage for the
When the amount of the Contributions successfully collected for the Project Holder exceeds one hundred thousand euros (100,000 euros), a degressive rate is applied:
-
- Between 0 and 100,000 Euros, the applicable percentage for the Dalendo’s commission is 6.5% HT, if the Project Holder has opted for the payment processing by MANGOPAY. The applicable percentage for the Dalendo’s commission is five percent (5%), excluding VAT, if the Project Holder has opted for the payment processing by PayPal.
- Between 100,001 and 500,000 Euros, the applicable percentage for the Dalendo’s commission is 5.5% HT, if the Project Holder has opted for the payment processing by MANGOPAY. The applicable percentage for the Dalendo’s commission is 4% HT, if the Project Holder has opted for the payment processing by PayPal.
Between 500,001 and 1.000,000 Euros, the applicable percentage for the Dalendo’s commission is 4.5% HT, if the Project Holder has opted for the payment processing by MANGOPAY. The applicable percentage for the DALENDO’s Commission and the fees due to the use of the service are deducted from the total amount of the Contributions successfully collected on the Site. This deduction is made at the time of the deposit of the Contributions on the Project Holder’s Bank Account within 10 business days following the closing of the Contributions Collection Period and the reaching of the Capacity. DALENDO sends the invoice to the Project Holder on his/her Personal Space.
In the case of variation in the fees due to the use of the services, the information will be published on the Site.
ARTICLE 8 CONVENTION ON THE PROOF
It is agreed that the electronic writing has the same probative force as the writing on paper. It is agreed that the data published, recorded and stored on DALENDO's computer databases, relating to the use of the Services by the User, are authentic between the Parties until proof to the contrary.
The User acknowledges and accepts that the electronic signature of documents on the Site is equivalent to a handwritten signature on paper, and that this electronic signature is valid as proof of his/her consent, in the scope of the obligations arising from the signed document.
The User expressly acknowledges and accepts that clicking on the “I have read and accepted DALENDO’s Terms of Service” button is equivalent to signing a legally binding agreement with DALENDO.
When the User accesses the Site via his/her username and password, the browsing and the activities that follow are considered to be carried out by himself/herself.
ARTICLE 9 INTELLECTUAL PROPERTY
The Site www.dalendo.com is the exclusive property of the Company. All the elements constituting the DALENDO’s Site and Services (trademarks, logos, videos, layouts, programs, data, texts, images, drawings, sounds, files, etc.) are the exclusive property of the Company or of third parties that have granted a license, authorisation or the assignment of rights.
Consequently, without prior written and express authorisation from DALENDO, any reproduction, representation, re-edition, modification, extraction, disclosure of screenshots, transfer, total or partial of the Site or its elements is prohibited and would constitute an act of piracy, reprehensible by the laws in force in the United States of America.
The rights granted to Users to access and use the Site and its Services do not constitute, in any way, a cession or authorisation to operate the Site or any of its elements.
The Users commits themselves to respect the intellectual property rights belonging to the Company, and to make use of the Site and the Services in an honest and loyal manner.
The User retains ownership of the content that he/she submits or publishes on the Site. However, he/she grants DALENDO the right to operate, promote, present, store and modify for the purposes of operation and improvement of the Service.
ARTICLE 10 LINKS AND COOKIES
In the event that, when browsing on the Site, the User clicks on the suggested links to sites of third parties, it should be noted that DALENDO cannot be held liable in any way regarding their access conditions, contents, and any damage that they may cause.
DALENDO does not authorise the establishment of a deep link to the Site, without its prior written and express agreement.
10.2 INFORMATION ON THE COOKIES
A “cookie” is a connection indicator that does not contain private information, but the connection information between servers that facilitates the access and the recurring browsing of the User on the Site. Cookies are also useful for statistical purposes. However, the user can prevent the installation of cookies in his/her hard disk, in accordance with the procedure indicated by his/her browser. It should be noted the browsing on the Site will be less easy.
11.1 - RESPONSIBILITY FOR THE PERSONAL SPACE
The User is fully and legally responsible for his/her Personal Space, the information he/she has communicated, the content he has published, as well as their use. He is also responsible for the use of his Personal Space by a third party. The User is the guarantor of the confidentiality of his/her data, password and identifier, and his/her vigilance must be redoubled in the public spaces. The User is not authorised to transfer his/her Personal Space, nor the right of access to his/her Personal Space to a third party.
The User must notify DALENDO immediately of any unauthorised or fraudulent use of his/her Personal Space by a third party.
The User has the right to rectify, complete, clarify, update, or remove information about him/her that is inaccurate, incomplete, equivocal or outdated from his Personal Space on the Site.
Concerning the removal of his/her Personal Space, the User can contact DALENDO directly at the following address: contact@dalendo.com
11.2 - RESPONSIBILITY RELATING TO THE ACCESS TO THE SITE
The crowdfunding platform is accessible, as far as possible, 24 hours a day, 7 days a week. The Company will not be liable for any errors, technical problems or incidents that may arise, carrying the risk of data loss or any damage. The Company is bound only by a simple obligation of means. Furthermore, the User declares to be acquainted with the operation and the constraints inherent to the Internet.
The material and equipment necessary (in particular, computing and electronic) for the access to the Services are the responsibility of the User, and are at his/her exclusive charge as well as the costs of connection to the Internet.
These Terms and Conditions apply to the User from the moment of his/her connection on the Site until the end of his/her browsing, and for the Dalender, since the creation of his/her Personal Space until the closing of this one.
DALENDO reserves the right to suspend the access to the Site and the utilisation of the Services to Users and Dalenders who do not respect the conditions of access to the Site and the utilisation of the Services, according to the conditions and rules stipulated in the TOS. In the case of continuous and repeated violations, DALENDO has the right to terminate the TOS toward the Users and Dalenders responsible for these violations, with immediate effect.
11.3 - LIABILITY RELATING TO UTILISATION OF THE SERVICE
The User commits himself/herself to scrupulously respect these Terms of Service of the Site and the Services. He/She declares, in a broader sense, to strictly comply with all the legal, regulatory and administrative clauses applicable to him/her. The User commits himself/herself to respect the property and moral rights of the Company, the other Users and third parties in general. He/She behaves in a loyal and honest way in the utilisation of the Service towards the Company and the other Users.
The User declares to have the rights and authorisations relating to the contents and the information transmitted to DALENDO and to the Users. The User warrants the Company against any claims arising from a damage or litigation relating to the presentation or publication of such contents or information or, in a broader sense, the infringement y the User of the obligations arising from the TOS.
ARTICLE 12 TREATMENT OF THE COMPLAINTS
For any complaint concerning the Service, the Site or its Content, the User submits a written request to DALENDO's Customer Service at the following address: contact@dalendo.com
Upon reception of your complaint, we will send you a reply within 48 hours to 7 working days.
ARTICLE 13 VALIDITY AND DURATION OF THE TERMS OF SERVICE
These Terms of Service will apply from the moment they are published and for an indefinite period. They are applicable as soon as they are accepted by the User.
13.1 MODIFICATION OF THE TERMS OF SERVICE
In order to continually improve its service, DALENDO has the right to modify the Terms of Service at any time. Any modification of these TOS will be notified to the Users through their Personal Space, or by means of a publication on the Site.
The User may, within ten (10) days following the notification, oppose to the modifications made. In the absence of any objection, the modifications will be considered to have been approved, and will become operative on the date of notification to the User or the publication on the Site.
It should be noted that each utilisation of the Service by the User must be interpreted as the acceptance of the latest version of the Terms of Service published on the Site.
13.2 CONDITIONS OF TERMINATION OF THE TERMS OF SERVICE
13.2.1 - Termination by DALENDO
Termination without notice in case of serious violation
DALENDO has the right to terminate, at any time and without advance notice, the Terms of Service, if a serious violation of these Terms is found. It is notably, but not restrictively, considered a serious violation of the TOS: any infringement of DALENDO's intellectual property rights; false, misleading or inaccurate statements about the information required to register the User and/or the good utilisation of the Services; the non-payment in full or in part of the costs and/or the DALENDO’s Commission; the fraudulent or inappropriate utilisation or dissemination of the data, the information, and the content that is provided in the Personal Space and on the Site; the evasion of the security measures put in place by DALENDO; and, in a broader sense, any attack to the commercial interests of DALENDO.
Termination with advance notice
DALENDO has the right to terminate the Terms of Service, upon advance notice of ten (10) days, in the case of the observation of infringement by the User of his/her obligations arising from these TOS. DALENDO's liability may be invoked.
13.2.2 - Termination by the User
Termination without advance notice
The User has the right to terminate, without advance notice, the Terms of Service and his/her registration on the Site.
13.3 - CONSEQUENCES OF THE TERMINATION
The termination indicates that the User will no longer be able to access the Site and its Services. However, it should be noted that the User remains liable for any commitments towards the Payment Service Provider and/or other Users and/or the payment of the DALENDO’s Commission and the service costs, if they have not been paid prior to the termination.
ARTICLE 14 HYPOTHESIS OF NON-VALIDITY OF A CLAUSE OF THE AGREEMENT
In the hypothesis of one or more clauses of the Terms of Service being declared void, invalid or unenforceable, the validity of the other clauses will not be affected. The provisions considered void will, therefore, be replaced by valid stipulations, as close as possible, to the spirit and the object of the TOS.
The transfer of some or all of the rights or obligations arising from the application of the TOS, and the utilisation of the Service by the User is prohibited, save with the written and express authorisation of DALENDO. It is also recalled that the Personal Space and the access to it is strictly reserved for the User and cannot be transferred to a third party.
DALENDO has the right to assign all or part of its rights and obligations arising from these TOS. The User expressly acknowledges this right to DALENDO.
ARTICLE 16 APPLICABLE LAW AND JURISDICTION
The validity, the interpretation and the execution of these Terms of Service are governed by the U.S. law.
Any disagreement or dispute concerning the Site and/or its utilisation will be within the competence of the jurisdictions of the United States of Americas.
Any request, notification or communication arising from the application of the Terms of Service and the Service must be addressed in writing (email) to the recipient Party. Unless otherwise stated, the notifications are usually sent by email.
To the attention of: DALENDO, 333 East 46th Street #1F New York, New York 10017.
Email address: contact@dalendo.com
