1.1) Ursula Tischner (econcept), Albatrosweg 11, 50259 Pulheim / Germany owns and operates the website www.innonatives.com (INNONATIVES), which is partly funded by the EU-Life program. It enables the development of ideas for sustainable solutions to environmental, social and/or economic challenges. Therefore crowdsourcing, crowdfunding and web shop modules are provided. INNONATIVES provides an online platform where individuals as well as legal entities may contribute by proposing challenges, posting ideas and solutions, funding projects and/or buying and selling products in the shop.
1.2) Visiting INNONATIVES and using its services is subject to these general terms and conditions, which shall apply unconditionally unless amended by express written agreement. Any terms and conditions claimed by the user that are contradictory to these terms and conditions shall be rejected, even if they are known.
BUYER: VISITOR or USER that completes the shopping process in the web shop of INNONATIVES.
CONTRIBUTION: Every type of information (data, written text, images, videos, etc.) that a USER may transmit via INNONATIVES.
CHALLENGE: Any sustainability related challenge(s) or problem(s) which a CHALLENGE OWNER proposes on INNONATIVES.
CHALLENGE OWNER: Any individual person or legal entity that transmits CHALLENGES on INNONATIVES (Companies, Non-Governmental Organizations, Governmental Organizations, Academia, Communities, Individuals, etc.).
CHALLENGE SPECIFIC AGREEMENT (CSA): Specific conditions which the CHALLENGE OWNER defines in OPEN or CLOSED CHALLENGES, e.g. regarding transfer and use of intellectual property, selection and decision process and/or compensation for best IDEAS/ CONCEPTS/ SOLUTIONS. Moreover, important information and organizational aspects are included. The USER shall accept the CSA prior to participation.
CLOSED CHALLENGE: A challenge which can only be read and solved by approved USERS and SOLVERS.
CONCEPT: A concept which one or several SOLVERS may transmit on INNONATIVES for a specific CHALLENGE or independently of any CHALLENGE.
CROWDFUNDING-PROJECT: Project proposed for a CROWDFUNDING-activity on INNONATIVES.
CROWDFUNDING-PROJECT-OWNER: USER who propose a CROWDFUNDING-PROJECT and request for FUNDING by the FUNDERS.
DONATION: A donation made by a FUNDER to a project without any REWARD.
FUNDER: VISITOR or USER who supports by financial or other means a CROWDFUNDING-PROJECT and receives a REWARD or not.
FUNDING: Amount of money or specified value of material or human resources contribution to a CROWDFUNDING-PROJECT.
FUNDING-PERIOD: Period where FUNDERS can contribute to the CROWDFUNDING-PROJECT and the FUNDING-GOAL shall be reached (between 30 and 90 days). Only in selected cases an extension may be granted by INNONATIVES.
FUNDING-SUM: Overall value a CROWDFUNDING-PROJECT-OWNER receives during his CROWDFUNDING-PROJECT.
FUNDING-GOAL: Minimum value a CROWDFUNDING-PROJECT-OWNER would need to conduct his proposed project. The largest possible FUNDING-GOAL at INNONATIVES will be 100.000€ (net).
IDEA: An idea which one or several SOLVERS may transmit on INNONATIVES for a specific CHALLENGE or independently of any CHALLENGE.
OPEN CHALLENGE: Challenges that may be read by VISITORS und USERS, and where every USER may transmit his CONTRIBUTIONS. Before transmitting any CONTRIBUTION the USER shall accept the CSA.
REWARD: Material or immaterial offer by the CROWDFUNDING-PROJECT-OWNER to the FUNDER for his FUNDING (not in case of a DONATION), at the beginning of the FUNDING-PERIOD the CROWDFUNDING-PROJECT-OWNER will detail the offer and the date of possible delivery.
SELLER: Individual or legal entity that offers his products or services in the SHOP.
SHOP: Website on the www.innonatives.com where SELLERS may offer their products and services and BUYERS may buy them.
SOLUTION: A solution that one or several SOLVERS may transmit on INNONATIVES for a specific CHALLENGE or independently of any CHALLENGE.
SOLVER: A USER that uses INNONATIVES and transmits IDEAS/ CONCEPTS/ SOLUTIONS for CHALLENGES or independently of any CHALLENGE.
USER: Registered VISITORS (individuals or legal entities) that visit the website INNONATIVES and may use the different services following registration. Also SELLERS and CROWDFUDING PROJECT OWNERs have to register and
“USER-related” terms will apply to them if applicable. USERs may also be groups of individuals like a community of interest.
VISITOR: Individuals or legal entities that may visit INNONATIVES without registration. Moreover, they may read OPEN CHALLENGES, rank IDEAS/ CONCEPTS/ SOLUTIONS to OPEN CHALLENGES, browse the SHOP and the CROWDFUNDING-PROJECTS.
PART A: General Provisions related to the Use of INNONATIVES
3) Service Offerings
3.1) INNONATIVES provides an online platform with different modules and services:
3.1.1) CROWDSOURCING: Here, SOLUTIONS to CHALLENGES are developed by USERS (the crowd). CONTRIBUTIONS are transmitted, published and further developed by interacting USERS and/or the CHALLENGE OWNER.
3.1.2) Further on a CROWDFUNDING module is offered on INNONATIVES where CROWDFUNDING-PROJECT-OWNERS try to receive FUNDING by FUNDERs.
3.1.3) Moreover, INNONATIVES provides a solutions module where SOLUTIONS can be posted and discussed independently of any specific CHALLENGE.
3.1.4) Finally in the SHOP on INNONATIVES sustainable products and services can be sold and bought.
3.2) INNONATIVES does not guarantee that postings or content on the website will be current at all times.
3.3) INNONATIVES runs in its sole discretion public relation and communication activities for INNONATIVES in general and for each CHALLENGE, CROWDFUNDING-PROJECT, Product/Service sold in the SHOP in particular.
3.4) The details regarding the execution of a CHALLENGE, a CROWDFUNDING-PROJECT or the use of the SHOP, the registration and use of other services are described on INNONATIVES. INNONATIVES is entitled at any time to autonomously carry out updates and extensions of the services provided on INNONATIVES.
3.5) INNONATIVES is entitled to provide his services by third parties.
3.6) As long as the use of INNONATIVES for a USER remains free of charge and a USER is not CROWDFUNDING-PROJECT OWNER of a project in the FINANCING-PERIOD or a SELLER in the SHOP, he cannot stake a claim against INNONATIVES on maintaining INNONATIVES or consulting him. INNONATIVES reserves the right at any time to stop the free provision of its services without notice.
3.7) The services provided on INNONATIVES are free of charge for SOLVERS, FUNDERS, BUYERS and not-for profit CHALLENGE OWNERs. CROWDFUNDING-PROJECT OWNER, SELLER and for profit CHALLENGE OWNERs will be charged in accordance with the proposed prices.
4) Registration and Participation
4.1) To participate in CHALLENGES, propose a CROWDFUNDING-PROJECT, sell a product or service via the SHOP and use other services on INNONATIVES, VISITORS (individuals as well as legal persons) have to register. As part of the registration process, you will be asked to select a password and a login name and give a valid email-address. Registration is free of charge.
4.2) In order to fund a CROWDFUNDING-PROJECT or to buy a product/service via the SHOP a registration is not a necessary condition. However the FUNDER and/or BUYER have to provide a valid email address, name and surname. This will be checked by means of a confirmation e-mail sent out by INNONATIVES before the funding process or purchase can be completed. The FUNDER may enter a display name or be displayed as “anonymous” on public sites on INNONATIVES as applicable. Provided information may be saved optionally for future FUNDING or purchase-activities. Further information for the shipping of products has also to be given by the Visitor or even by the USER.
4.3) The entered user name cannot consist of an e-mail or internet address, and must not hurt any third-party rights - in particular no name or trademark rights, must not violate public decency and not be vulgar, racist or offensive in any other way.
4.4) Every USER is responsible for the confidential use of its data and passwords and shall secure passwords according to given standards. Moreover the following terms shall apply:
4.4.1) Every USER shall be liable for any activity which may occur under its account.
4.4.2) Every USER has the obligation to notify INNONATIVES (firstname.lastname@example.org) of any unauthorized use of its account or breach of security, including loss, theft or unauthorized disclosure of his password or login information.
4.4.3) INNONATIVES will encrypt the USER`s password, will never forward it to third parties nor ask a USER to disclose a password. INNONATIVES does not know the password and has no access to it.
4.4.4) A USER`s account may not be transferred to another USER. A USER is not allowed to register twice.
4.4.5) INNONATIVES reserves the right even in the event that all conditions for registration of a user at INNONATIVES are given, to refuse registration without giving reasons.
4.5) Participation in CHALLENGES, FUNDING of a project and/or buying a product/service in the SHOP on INNONATIVES is free of charge for USERs / FUNDERs / BUYERs. A USER is not entitled to receive any gratification for posting its IDEA/ CONCEPT/ SOLUTION, unless stated in the CSA.
4.6) Registration, FUNDING and buying in the SHOP are open to any person over 18 years old. VISITORS under the age of 18 may not register at INNONATIVES, and their parents or legal guardians must register on INNONATIVES and agree to the general terms and conditions.
4.7) Every USER is obliged to respect applicable law while using INNONATIVES, not to act contra bonos mores, and respect third party rights.
4.8) Especially every USER guarantees that its CONTRIBUTIONS on INNONATIVES do not breach applicable law and is solely responsible for the content of its CONTRIBUTIONS. In particular, every USER is obliged to only disclose its own CONTRIBUTIONS. Every USER guarantees that it will not abuse any third party rights related to its CONTRIBUTION, e.g. intellectual property rights, copyrights, etc. Even when a CONTRIBUTION is reviewed or edited by INNONATIVES, it remains in the responsibility of the USER.
4.9) Every USER is obliged to avoid any activities that may disrupt normal workflows on INNONATIVES and not to act in a manner that negatively affects other USERS.
4.10) INNONATIVES retains the right to review, edit or delete any CONTRIBUTION which INNONATIVES at its sole discretion, or if necessary in consultation with a CHALLENGE OWNER or CROWDFUNDING PROJECT OWNER or SELLER, considers illegal, offensive or otherwise inappropriate.
4.11) In the event of any breach of these rules and/or other applicable law, INNONATIVES will determine the course of action to be taken, including excluding the USER and deleting its account. This may also apply if INNONATIVES is informed by a third party of any abusive action or CONTRIBUTION by a USER.
4.12) Every USER is responsible for the content of its CONTRIBUTION and any related damages to INNONATIVES and/or the CHALLENGE OWNER, the CROWDFUNDING-PROJECT-OWNER and the SELLER and agrees to defend (at INNONATIVES option and at the USER’s sole expense), indemnify and hold INNONATIVES, CHALLENGE OWNER(s), CROWDFUNDING-PROJECT-OWNER(s) and SELLER(s) free from any damages, losses, costs or expenses, including attorneys' fees, which INNONATIVES, CHALLENGE OWNER(s), CROWDFUNDING-PROJECT-OWNER(s) and SELLERs may incur as a result of the CONTRIBUTION of the USER.
4.13) If a USER cancels its registration, its CONTRIBUTIONS will remain with INNONATIVES, according to the defined rights of use, until they are withdrawn by INNONATIVES.
4.14) CHALLENGE OWNER, CROWDFUNDING-PROJECT-OWNER and SELLER are invited to use the INNONATIVES Quality Seal "SUSTAINABILITY INNOVATION BY INNONATIVES" in all communication activities undertaken beginning with the start of the project on INNONATIVES. The INNONATIVES quality seal is provided by INNONATIVES and has to be used exclusively in the form provided by INNONATIVES; the permit may be withdrawn at any time. A use that gives rise to the impression that the advertised project itself would be an initiative of INNONATIVES is also inadmissible.
5.1) To the maximum extent permitted by applicable law, INNONATIVES, a CHALLENGE OWNER, a CROWDFUNDING-PROJECT-OWNER, the SELLER and the officers, directors, employees, shareholders or agents of INNONATIVES, of CHALLENGE OWNERs and CROWFUNDING-PROJECT OWNERs and SELLERs exclude themselves from all liability and responsibility for any amount or kind of loss or damage that may result to a USER or a third party (including without limitation any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with INNONATIVES in any way or in connection with the use, inability to use, or the results of the use of INNONATIVES.
5.2) Every USER indemnifies INNONATIVES, the CHALLENGE OWNER, the CROWDFUNDING-PROJECT-OWNER and the SELLER from and against any and all third party claims which are raised due to unlawful and immoral content posted by the USER. INNONATIVES excludes all liability for the CONTRIBUTIONS of the USERs.
5.3) In the case of damages which relate to health effects, human injury or loss of life and product liability, applicable law shall apply. The liability of INNONATIVES with regard to the use of its websites is further limited to malicious intent, gross negligence or negligent breach of contractually significant obligations according applicable law.
5.5) The content of the CONTRIBUTIONS and further information is not censored by INNONATIVES. This content only expresses the personal view of the transmitting USER. INNONATIVES is not liable for the transmitted content. However CONTRIBUTIONS which are considered in breach of applicable law and related within this TOU will be deleted and not made public.
5.6) The USER acknowledges that 100% accessibility to INNONATIVES website is technically not feasible. INNONATIVES will attempt to ensure the maximum possible accessibility to INNONATIVES website. Especially service, security and capacity reasons, as well as events beyond the control of INNONATIVES (e.g. power failure, etc.) may lead to disturbances to the website. Therefore INNONATIVES excludes all warranties related to its online platform and website.
6.1) To register at INNONATIVES, the USER´s user name and email address will be stored. Only first and last names and country of origin may be made public in cases where a USER transmits the best IDEA/CONCEPT/SOLUTION and shall receive a gratification. In order to fund a project without registration, a FUNDER has to provide his name, surname, email address and a display name. This information will be stored until the CROWDFUNDING-PROJECT is terminated, and the information has been handed over to the CROWDFUNDING-PROJECT-OWNER to continue the contract (i.e. further communication, invoice, exchange of rewards, etc.). Accordingly buying a product/service in the SHOP is possible without registration. However personal information has to be given to conduct the purchase via the SHOP and will be treated confidentially as described later in this ToU in PART D.
6.2) The names of the winning SOLVERS, and country of origin in case this has been provided by the SOLVER, may also be disclosed for communication or marketing activities by INNONATIVES or the CHALLENGE OWNER. The winner has the possibility to opt out of this after having been informed about the win. USERs may not raise a claim based on name disclosure according to §13 German UrhG.
6.3) Furthermore, in the event of a lawsuit, INNONATIVES will hand over necessary private information to third parties in charge of the lawsuit.
6.4) A USER may enter further personal information using the link „My Profile“ at its sole discretion.
6.5) A USER may cancel its registration at any time without giving reasons, via mail to: email@example.com.
6.6) The USER has the obligation to respect latest legal regulations and good practices regarding data privacy and data safety.
PART B: Provisions related to Crowdsourcing Services and CHALLENGES on INNONATIVES
7) Introduction to Crowdsourcing on INNONATIVES
7.1) INNONATIVES propose two basic types of CHALLENGES:
7.1.1) OPEN CHALLENGES are CHALLENGES (problems) that may be seen by every VISITOR on INNONATIVES. But only USERs can participate and transmit IDEAS/ CONCEPTS/ SOLUTIONS. Conditions and further information concerning each CHALLENGE will be included in the related CSA. The CSA must be accepted by the USER before submitting a CONTRIBUTION.
7.1.2) CLOSED CHALLENGES are specified as such by the CHALLENGE OWNER as there is a specific interest (e.g. economic, secrecy, etc.) related to the IDEAS/ CONCEPTS/ SOLUTIONS. These CLOSED CHALLENGES cannot be seen by a VISITOR (only general information may be available). USERS are able to read further details and will be able to transmit their CONTRIBUTIONS only after individual access is provided by INNONATIVES. Conditions and further information concerning each CHALLENGE will be included in the related CSA. The CSA must be accepted by the USER before reading further details and submitting a CONTRIBUTION.
7.2) A USER may participate in CHALLENGES on INNONATIVES by transmitting his CONTRIBUTION (e.g. IDEA, CONCEPT, SOLUTION, opinions, comments) related to the given CHALLENGE during the stated period on INNONATIVES and, if applicable, on linked platforms and websites. Posted CONTRIBUTIONS can be seen by other USERs.
7.3) INNONATIVES does not guarantee that postings or content on the website will be current at all times. This includes a situation where two or more SOLVERs transmit the same IDEA/ CONCEPT/ SOLUTION. The decisive factor shall be the transmission time of the CONTRIBUTION.
7.4) INNONATIVES points out that INNONATIVES or a CHALLENGE OWNER, directly or indirectly, may work on the same IDEA/ CONCEPT/ SOLUTION (or a similar one), and may already know of such similar IDEA/ CONCEPT/ SOLUTION from other sources. The USER also accepts that other USERS may work on the same or similar IDEA/ CONCEPT/ SOLUTION. INNONATIVES defines, comments and manages a CHALLENGE together with the CHALLENGE OWNER. The name of the CHALLENGE OWNER does not need to be disclosed.
7.5) INNONATIVES and the CHALLENGE OWNER have no obligation, either express or implied, to develop or use an IDEA/ CONCEPT/ SOLUTION. The CHALLENGE OWNER defines at its sole discretion the selection and decision process. The CHALLENGE OWNER will decide at its sole discretion whether the CHALLENGE OWNER, INNONATIVES and/or the crowd will judge which IDEA/ CONCEPT/ SOLUTION best solves the CHALLENGE. The CHALLENGE OWNER has absolute and sole discretion to determine whether to accept any IDEA/ CONCEPT/ SOLUTION or other CONTRIBUTION. Details of the selection process will be presented in the CSA.
8) INCENTIVES and SELECTION PROCESS related to CHALLENGES on INNONATIVES
8.1) Participation on INNONATIVES is the sole responsibility of every USER and at its own expense. Posting a CONTRIBUTION and investing resources in order to participate on INNONATIVES and in the CHALLENGES does not give rise to any financial claim or gratification, unless otherwise stated in the CSA. Every CHALLENGE defines within the CSA whether there shall be any gratification or compensation.
8.2) At the end of each CHALLENGE phase, a specific selection process identifies the best IDEAS/ CONCEPTS/ SOLUTIONS. The time and scope of the decision process are defined in the CSA.
9) Rights of Use related to CHALLENGES on INNONATIVES
9.1) Unless otherwise stated in the CSA, all intellectual property rights to the posted CONTRIBUTION remain with the SOLVER.
9.2) With regard to all other USERs or third parties that learn from the CONTRIBUTION, the transmitting USER grants a license under the terms of „Creative Commons Public License (CCPL): Attribution-NonCommercial-Sharelike 4.0 international“ http://creativecommons.org/licenses/by-nc-sa/4.0/legalcode)
9.3) This non-exclusive license does not apply to profit motivated USERS or profit motivated third parties. Profit motivated USERS or profit motivated third parties must renegotiate the IP agreement separately with the owner of the CONTRIBUTION.
10) EARLY PROJECT ABORTION related to CHALLENGES on INNONATIVES
INNONATIVES and the CHALLENGE OWNER may at any time of a CHALLENGE abort the CHALLENGE without giving reasons. It is at the sole discretion of INNONATIVES and the CHALLENGE OWNER to define any further use of the transmitted CONTRIBUTIONS.
PART C: Provisions Related to Crowdfunding Services on INNONATIVES
11) CROWDFUNDING Procedure on INNONATIVES
11.1) INNONATIVES provides the technical prerequisites for the use of the INNONATIVES crowdfunding module, reviews the CROWDFUNDING-PROJECTs for consistency with the objectives of INNONATIVES according to the provision in Paragraph 1.1 of these general terms and conditions and advises CROWDFUNDING-PROJECT-OWNERs at its sole discretion. Neither CROWDFUNDING-PROJECT-OWNERs nor FUNDERs may claim for any evaluation and consultation services by INNONATIVES. INNONATIVES further reserves the right to refuse a project without giving reasons, even in the event that all conditions may be given.
11.2) INNONATIVES explicitly states that any FUNDING leads to the conclusion of a separate contract between the FUNDER and the respective CROWDFUNDING-PROJECT-OWNER, in which INNONATIVES is not involved.
11.3) As long as the use of INNONATIVES for a USER remains free of charge and a USER is not CROWDFUNDING-PROJECT-OWNER of a project in the FINANCING-PERIOD, he cannot stake a claim against INNONATIVES on maintaining INNONATIVES or consulting him.
11.4) The CROWDFUNDING-PROJECT-OWNER has to pay to INNONATIVES a “success fee” of 5.0 % of the generated FUNDING-SUM. The “success” case occurs when the FUNDING-GOAL is achieved. INNONATIVES will send his invoice to the CROWDFUNDING-PROJECT OWNER with completion of the CROWDFUNDING-PROJECT. This fee is a service fee and non-refundable in the event that the contracts between USERS are or become invalid, terminated or canceled for any reason, INNONATIVES is not responsible for.
12) Statutory rights of Withdrawals, Invoices, Tax Regulations related to CROWDFUNDING PROJECTS on INNONATIVES
12.1) With regard to the conclusion of a contract for FUNDING (depending on the contract type with regard to the offer and the acquisition or transfer of the REWARD) between USERs (FUNDER and CROWDFUNDING-PROJECT OWNER) the CROWDFUNDING-PROJECT-OWNER has to inform about any withdrawal rights and its legal requirements. Especially INNONATIVES like to refer if applicable to related clauses in the §312, §314, §323, §356, §365, §490 and §527 BGB (German Civil Code) and the related rights of withdrawals for consumers.
12.2) The CROWDFUNDING-PROJECT-OWNER is further responsible for the classification of the contract with the FUNDER as purchase, sponsorship or service contract, donation etc., as well as all consequences resulting from a correct legal and tax classification.
12.3) Upon completion of the funding process on INNONATIVES and if the FUNDING GOAL is reached, the FUNDER is obliged to transfer his proposed FUNDING and the CROWDFUNDING-PROJECT-OWNER to accept the FUNDING. In this case, an informational email will be sent to the FUNDER by INNONATIVES. Only for this purpose INNONATIVES will disclose to both parties each other’s address and email details they have provided to INNONATIVES. At the same time the CROWDFUNDING-PROJECT-OWNER will send an “invoice” to the FUNDER via email providing the FUNDING amount and if applicable the related proposed REWARD as well as necessary contact information, his bank details and further necessary regulatory information.
13) Contractual Relationships between CROWDFUNDING-PROJECT OWNERS, FUNDERS and INNONATIVES – Reward System
13.1) The legal relationships between USERs involved in a CROWDFUNDING-PROJECT (i.e. between CROWDFUNDING-PROJECT-OWNER and FUNDER) are governed by separate agreements, if necessary, which also include if applicable the use of CONTRIBUTIONS related to the CROWDFUNDING-PROJECT. INNONATIVES is at no time a party to these agreements. INNONATIVES only acts as an intermediary between the parties, and therefore cannot be held responsible for their fulfillment.
13.2) CROWDFUNDING-PROJECT-OWNERs can offer to the FUNDER a REWARD as exchange object (material or immaterial) for his FUNDING. Any shipping costs for REWARDS within Germany shall be included. With regard to any shipping abroad the FUNDER shall be informed by the CROWDFUNDING-PROJECT-OWNER as legally required.
13.3) A VISITOR or USER interested in FUNDING selects a CROWDFUNDING-PROJECT on INNONATIVES. He then decides on the type of FUNDING (DONATION vs. REWARD) and chooses his FUNDING value as well as the desired REWARD if applicable. By pressing the "Fund this project" button, the USER will be linked to the next step where the type of FUNDING can be finally selected and comments may be given. This is followed by a page with necessary contact information for REWARD shipment. If the FUNDER is not registered, an intermediate step will be followed where his entered e-mail address will be checked (confirmation link) and he must agree to this general terms and conditions of INNONATIVES. By confirming his funding pledge on the final funding page the FUNDING is allocated to the project. The contract between CROWDFUNDING-PROJECT-OWNER and FUNDER, and the FUNDING become only effective, if the CROWDFUNDING-PROJECT reaches its FUNDING GOAL.
13.4) The FUNDER submits solely to the CROWDFUNDING-PROJECT-OWNER the offer to enter into a contractual relationship (e.g. purchase, sponsorship or service contract, donation, etc.) without any involvement of INNONATIVES. The CROWDFUNDING-PROJECT-OWNER accepts FUNDING by explicit declaration or implicitly by accepting the FUNDING at the end of the FUNDING PERIOD as long as the FUNDING GOAL has been achieved. Any agreement between the CROWDFUNDING-PROJECT-OWNER and the FUNDERS are subject to the condition of reaching the FUNDING GOAL. After termination of the CROWDFUNDING-PROJECT on INNONATIVES, the CROWDFUNDING-PROJECT-OWNER will give regular updates on the progress or completion or a possible cancellation of the project to the FUNDER until shipment of the last REWARD. In case of a cancellation of the project, questions related to the restitution of contracts between USERS are subject to the applicable statutory regulations.
13.5) In case of a CROWDFUNDING-PROJECT cancellation ahead of time two options shall be distinguished: Option A is the early termination of the FUNDING PERIOD by the CROWDFUNDING-PROJECT-OWNER despite planned realization of the project. In this case, the contractual relationship between CROWDFUNDING-PROJECT-OWNER and FUNDER persists. Option B is the project cancellation in connection with the decision not to implement the project; in this case, the provisions of above stated clause 7.5) in this section apply.
13.7) In case the cooperation between INNONATIVES and the CROWDFUNDING-PROJECT-OWNER is cancelled, but the CROWDFUNDING PROJECT is still in the FUNDING PERIOD, the CROWDFUNDING-PROJECT-OWNER is liable to the FUNDERs and INNONATIVES to all related damages. Moreover he discharges INNONATIVES on first request from any claims for damages by the FUNDERs.
13.8) In case the registered USER account of a FUNDER has been deleted by INNONATIVES and the CROWDFUNDING PROJECT is still in the FUNDING PERIOD, the FUNDER remains liable to the CROWDFUNDING-PROJECT-OWNER, unless the FUNDER has revoked effectively the FUNDING.
14) FUNDING and payment procedure related to CROWDFUNDING PROJECTS on INNOVATIVES
14.1) As standard method to submit a FUNDING an “invoice procedure” is foreseen. When the FUNDING GOAL is reached an informational email is automatically sent to the FUNDER by INNONATIVES, regardless of the remaining time of the FUNDING PERIOD of the CROWDFUNDING-PROJECT. Further on, it is the sole discretion of the CROWDFUNDING-PROJECT-OWNER to send an “invoice” to the FUNDER (via the given email address). The FUNDER has to take care to check this email address regularly and to notify as soon as possible INNONATIVES in case of any change of his email address.
14.2) INNONATIVES is not liable for any damages or a lost profit that may incur to the USERs due to any fault by the USERs in the contract execution (for example during invoice procedure); All limitation of liability as stated below in this general terms and conditions apply accordingly.
15) Transfer of the FUNDING SUM resulting from a CROWDFUNDING-PROJECT on INNONATIVES
15.1) The possibility to support a CROWDFUNDING-PROJECT on INNONATIVES ends only after the expiry of the FUNDING PERIOD and not already by reaching the FUNDING GOAL; the FUNDING-SUM may therefore exceed the FUNDING GOAL (over-financing). The acceptance of the FUNDING by CROWDFUNDING-PROJECT-OWNER remains unaffected.
15.2) The CROWDFUNDING-PROJECT-OWNER receives the FUNDING (when the FUNDING GOAL is reached) directly from the individual FUNDER.
Part D: Provisions related to Buying and Selling of Products/Services and the SHOP on INNONATIVES
16) Introduction to the SHOP
16.1) INNONATIVES` SHOP is a marketplace that allows USERs to offer as well as USERs and VISITORs to buy sustainable products or services in a variety of pricing formats and locations as long as these products and services do not infringe applicable law, these ToU and INNONATIVES vision and mission of sustainable innovation.
16.2) INNONATIVES acts as an intermediary between the parties, and therefore cannot be held responsible for any contractual fulfillment between the parties. The contract for sale will be established directly between SELLER and BUYER. INNONATIVES is at no time a party to these agreements.
16.3) While INNONATIVES may provide pricing, shipping, listing support and other guidance. Such guidance is solely informational and USERs may decide to follow it or not.
16.4) INNONATIVES has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of USERs content or listings; the ability of SELLERS to sell items; the ability of BUYERS to pay for items; or that a BUYER or SELLER will actually complete a transaction or return an item.
16.5) INNONATIVES reserves the right to decide at its sole discretion whether or not a product or service will be listed in the SHOP.
17.1) In order to sell a product/ service via the SHOP, INNONATIVES charge the following fees. The SELLER may choose between two options:
17.1.1) When using the SHOP as a marketplace (advertising or referral space) linking the BUYER towards an external online-shop, INNONATIVES will charge an individual rate per month. The amount depends of different criteria (e.g. individual person vs. company vs. NGO, type of company, type of product/service, etc.) and will be fixed between INNONATIVES and SELLER before uploading of the product/service to the SHOP.
17.1.2) If a SELLER likes to use the SHOP with its entire functionalities (incl. shopping cart, etc.) INNONATIVES charges a fee of 1€ per sold item up to a maximum amount of 50€ per month. Moreover INNONATIVES charges a commission per sold item of 9%.
17.2) Charges related to 17.1.1) are due for payment immediately after uploading the product/service in the SHOP.
17.3) Charges related to 17.1.2) are due for payment after the first successful purchasing process via the shopping cart in the SHOP has been passed.
17.4) INNONATIVES will send his invoices via email to the SELLER. As SELLER you must pay all fees and applicable taxes associated with our services by the payment due date. If the payment fails or the account is past due, INNONATIVES will take action according to applicable law. In addition, you will be subject to late fees.
18) Selling and Buying via the SHOP
18.1) INNONATIVES provides a marketplace where BUYERs and SELLERs meet to purchase and sell products and services. The display of a product or service in the SHOP represents an offer by the SELLER to the potential BUYER. Depending on the selling option, the BUYER will follow the link towards the online-shop of the SELLER to continue and conclude the purchase or he completes successfully the purchasing process via the SHOP (i.e. the last step in the shopping cart). The BUYER will accept the offer of the SELLER to buy the product/ service as displayed in the SHOP and close the contract.
18.2) After having completed the purchasing process in the shopping cart tool, BUYER and SELLER have the sole responsibility to continue the transaction. INNONATIVES will therefore provide all necessary contact information to the parties to be used exclusively for the purpose of finalizing the transaction.
18.3) If the SELLER chooses to link to his or any other separate online-shop, INNONATIVES will neither take any further action nor give any contact information to the parties.
18.4) In order to sell a product or service in the SHOP the potential SELLER has to register on INNONATIVES as USER. Afterwards he will be able to offer its products/ services via the SHOP. Before first time offering a product/service, he has to apply using the related application form that will also include further personal data. This information has to be given in correct manner. In case of a legal entity, only a person authorized to represent the legal entity may apply as SELLER and he/she has to be named in the application form. Necessary data according to applicable law has to be included.
18.6) By registration and upload of a product INNONATIVES and the SELLER conclude a binding contract related to the INNONATIVES services as described within this ToU. The details of this contract will be defined between INNONATIVES and the SELLER.
18.7) After having send the application form including product/service information the offer will be checked by INNONATIVES regarding compliance with INNONATIVES vision and this ToU. Having passed this check, the offer will be visible on INNONATIVES.
18.8) Regarding the selling process, INNONATIVES offers two options to the SELLER.
18.8.1) SHOP as a marketplace and linkage to an external online-shop: The SELLER will upload all necessary information regarding his product/service to “his” website in the SHOP. When a BUYER is interested in purchasing, there is a link to the online-shop of the SELLER (or any other third party). The BUYER will follow this link and proceed via the proposed online-shop. INNONATIVES does not take any responsibility for the content and process of the SELLER`s online-shop.
18.8.2) INNONATIVES shopping cart:
INNONATIVES offers the possibility to use the shopping cart tool in the SHOP. The BUYER will enter necessary information during the purchase process and agree finally to the purchase. After having submitted the information, INNONATIVES will hand them over to both parties (BUYER and SELLER) to enable them to continue the transaction process.
18.9) The potential BUYER may visit the SHOP and the offered products as USER or as VISITOR. In order to buy a product or services offered in the SHOP, he has to follow the different steps, depending on the selection of the selling process as explained above.
18.10) It is the sole responsibility of the SELLER to inform the BUYER about all applicable laws and his specific conditions and proceed the transaction according to applicable law especially related to consumer protection. INNONATIVES will never be responsible for any problems that may occur in the follow-up of the transaction process by the parties and/or related to any non-conformity or malfunctioning of the offered product / service.
18.12) BUYER and SELLER are only allowed to use the exchanged contact details for the sole purpose to communicate on the transaction and contract. Any other communication has to be agreed on separately by both parties. INNONATIVES does not take any responsibility for any damages that may occur due to an unauthorized transfer of contact data.
18.13) Many of our services are accessible to international SELLERS and BUYERS. SELLERS and BUYERS are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of the products or delivery of services.
19) Listing and Selling
When listing a product, you take care that your offer stands in strong relation to the sustainability goals of INNONATIVES. More over:
- You are responsible for the accuracy and content of the product offered especially that no third party rights will be infringed and you will not violate contra bonos mores;
- The given price shall represent the entire costs including applicable VAT and all eventual price components. Shipping costs are excluded. BUYER and SELLER have to agree on shipping details and costs bilaterally.
- Content that violates any of INNONATIVES` policies may be deleted at INNONATIVES` sole discretion;
- You cannot fail to deliver items sold by you, unless you have a valid reason for example, the BUYER fails to comply with the posted terms in your listing or you cannot contact the BUYER
- INNONATIVES may provide the SELLER with optional recommendations to consider when creating the offer.
When buying a product/service, you agree that:
- You are responsible for reading the full product/service listing before making a commitment to buy.
- You as BUYER enter into a legally binding contract with the SELLER to purchase a product/service when you commit to buy an item via the SHOP`s cart
- You pay for products/services purchased by you, unless you have a valid reason, for example, the seller has materially changed the description after successful completion of the purchase steps, a clear typographical error is made, or you cannot contact the SELLER.
- INNONATIVES does not transfer legal ownership of products/services from the SELLER to the BUYER.
Part E: FINAL PROVISIONS
21.1) INNONATIVES may modify these terms and conditions at any time without giving reasons. The latest disclosed version shall be in force. For ongoing CHALLENGES and CROWDFUNDING-PROJECTS the version in force at the beginning of the CHALLENGE or CROWDFUNDING-PROJECT shall apply.
21.2) In the case of a modification of the terms and conditions INNONATIVES will inform the USER (via E-Mail, or at the event of the next login). The USER will automatically be deemed to accept the modifications if he does not expressly disagree by fax or mail within six weeks following information of the modified terms and conditions. In case of objection, the modification will not be applicable and INNONATIVES will delete the USER`s registration.
21.3) If a provision of these general terms and conditions is invalid, the other provisions shall remain unaffected by this. The invalid provision shall be replaced by a provision that comes as legally close to the economic meaning and purpose of the invalid provision as possible. The same applies to any unforeseen regulatory loopholes.
21.4) Both parties are desirous of remaining independent, and these general terms and conditions do not create simple partnership or any other partnership-like connections.
21.5) German law shall apply to this contractual relationship. The place of jurisdiction shall be the econcept, U. Tischner, headquarters exclusively.