The website www.krowdguru.com is owned by Krowdguru Pte Ltd. This Agreement covers all of Krowdguru Pte Ltd, including the one you are currently visiting (“Website”), and any associated content including RSS feeds, emails, newsletters, forums, podcasts, user comments, and social applications. By using any Krowdguru Pte Ltd Websites or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use Krowdguru Pte Ltd Websites and do not click “I agree.” Please check this Agreement periodically for changes as the owner, Krowdguru Pte Ltd reserves the right to revise this Agreement and your continued use of Krowdguru Pte Ltd Websites following the posting of any changes to the Agreement constitutes acceptance of such changes. Krowdguru Pte Ltd reserves the right to terminate a User’s use of Krowdguru Pte Ltd Websites at any time without notice and may do so for any breach of this Agreement or the instructions on Krowdguru Pte Ltd Websites by User. This Agreement applies to licensors and advertisers as well.
Summary of Services
Krowdguru Pte Ltd operates an online platform where certain users ('Campaigners') run campaigns to raise funds for their creative & innovative projects. They raise funds by asking for contributions from other users ('funders') in return for tangible and intangible rewards. The funders do not get any monetary return on their funding amount. Every campaign has a funding goal and only up to specific days to reach this funding goal. If the campaign does not reach its funding goal within the time period, Campaign will end. No funds are collected from investors, they are directly being paid by investor to Campaigner’s.
The Site is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all information you submit is accurate and truthful. Krowdguru Pte Ltd may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Krowdguru Pte Ltd and select a password and screen name (“User ID”). You shall provide Krowdguru Pte Ltd with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions of Use, which may result in immediate termination of your Krowdguru Pte Ltd account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Krowdguru Pte Ltd reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Krowdguru Pte Ltd password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Krowdguru Pte Ltd in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Rules and Conduct
(a) The term “Content” means any content generated, provided, or otherwise made accessible on or through the Site, and may include any user submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, interactive features, and other content. “Your Content” means Content generated, provided, or otherwise made accessible by you and/or through your account, including your Project Listing and user submissions. “User Content” means Content generated, provided, or otherwise made accessible by other users of the Site. “Krowdguru Pte Ltd Content” means Content generated, provided, or otherwise made accessible by Krowdguru Pte Ltd or its suppliers.
(b) You are solely responsible for all of your activity in connection with the Site and Your Content. Krowdguru Pte Ltd is not responsible for Your Content. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including any user submission, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any other person or entity or violates any law or contractual duty;
ii. You know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, pornographic, vulgar or profane;
iv. is harmful to minors in any way;
v. constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters; vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Krowdguru Pte Ltd or any third party; or vii. Impersonates any person or entity, including any employee or representative of Krowdguru Pte Ltd.
(c) Additionally, you shall not:
i. take any action that imposes or may impose (as determined by Krowdguru Pte Ltd in its sole discretion) an unreasonable or disproportionately large load on Krowdguru Pte Ltd’s (or its third party providers’) infrastructure; ii. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
iii. Bypass any measures Krowdguru Pte Ltd may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
iv. Run Maillist, Listserv, any form of auto-responder or “spam” on the Site; or
v. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
(d) You shall not (directly or indirectly):
i. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction,
ii. Modify, translate, or otherwise create derivative works of any part of the Site, or
iii. Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
(e) Krowdguru Pte Ltd does not guarantee that any Content will be made available on the Site. Krowdguru Pte Ltd has no obligation to monitor the Site or Content. However, Krowdguru Pte Ltd reserves the right, but has no obligation, to remove, edit or modify any Content, to suspend or terminate your account, or to take other actions (e.g., reporting you to law enforcement), in its sole discretion at any time, with or without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if Krowdguru Pte Ltd is concerned that you may have violated the Terms and Conditions of Use), or for no reason at all.
(f) Krowdguru Pte Ltd is not obligated to backup any Content and Content may be deleted at anytime. You are solely responsible for creating backup copies of Your Content if you so desire.
(g) Krowdguru Pte Ltd is not responsible for User Content. Krowdguru Pte Ltd cannot guarantee the identity of any other users with whom you may interact in the course of using the Site. Krowdguru Pte Ltd does not endorse and has no control over User Content. Krowdguru Pte Ltd cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
www.krowdguru.com (“Krowdguru Pte Ltd”) is a venue for fund-raising. Krowdguru Pte Ltd allows certain users (“Campaigners”) to list projects and raise funds from other users (“Funders”). All funds are collected for Campaigners by escrow account (Payment provider) Krowdguru Pte Ltd shall not be liable for your interactions with any organizations and/or individuals found on or through the Krowdguru Pte Ltd service. This includes, but is not limited to; delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Krowdguru Pte Ltd. Krowdguru Pte Ltd does not oversee the performance or punctuality of projects. Krowdguru Pte Ltd is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals Krowdguru Pte Ltd is under no obligation to become involved in disputes between Funders and Campaigners, or between site members and any third party. In the event of a dispute, you release Krowdguru Pte Ltd, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. Though Krowdguru Pte Ltd cannot be held liable for the actions of a Campaigner, Campaigners are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. Krowdguru Pte Ltd reserves the right to cancel a project listing and refund all associated members’ payments at any time for any reason. Krowdguru Pte Ltd reserves the right to remove a project listing from public listings for any reason. Krowdguru Pte Ltd makes no guarantees regarding the performance or fairness of investors. Campaigners may initiate refunds at their own discretion. Krowdguru Pte Ltd is not responsible for issuing refunds for funds that have been collected by Campaigners. Krowdguru Pte Ltd reserves the right to cancel, interrupt or suspend a listing at any time for any reason.
Fees and Payments
In the case of unsuccessful projects, for the pre-authorised transactions of a funder of Krowdguru Pte Ltd at the project deadline, no funds will be captured from funders and no funds will be transferred to the fundraising Companies.
Third Party Site
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Krowdguru Pte Ltd’s control, and you acknowledge that Krowdguru Pte Ltd is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Krowdguru Pte Ltd or any association with its operators. You further acknowledge and agree that Krowdguru Pte Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Content and License
You agree that the Service contains Content specifically provided by Krowdguru Pte Ltd or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Krowdguru Pte Ltd grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Krowdguru Pte Ltd, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
License to Krowdguru Pte Ltd Content
(a) You agree that the Site contains Krowdguru Pte Ltd Content and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site. Krowdguru Pte Ltd and its suppliers reserve all rights not granted in this Agreement. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.
(b) Krowdguru Pte Ltd grants each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Krowdguru Pte Ltd Content and User Content, solely for personal, non-commercial use. Use or reproduction of any Krowdguru Pte Ltd Content or User Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Krowdguru Pte Ltd, or from the copyright holder identified in such Krowdguru Pte Ltd Content's or User Content’s copyright notice. You shall not otherwise reproduce, modify, create derivative works of, distribute, perform, display, sell, license, rent, transfer, or otherwise use or exploit any Krowdguru Pte Ltd Content or User Content, including for commercial use or in any way that violates any third party right.
License to Your Content
(a) By submitting Your Content (including user submissions and Project Listings) on the Site, you acknowledge that you are publishing Your Content, and that you may be identified publicly by your User ID in association with Your Content.
(b) By submitting Your Content (including user submissions and Project Listings) on the Site, you hereby do and shall grant, and you represent and warrant that you have the right to grant, Krowdguru Pte Ltd a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable (including to other Site users) and transferable license (the “Content License”) to:
(i) use, edit, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit Your Content in connection with the Site, the Krowdguru Pte Ltd’s (and its successors and assigns’) business, including for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including third party websites); and
(ii) if you are a Campaigner, use and publish, and to permit others to use and publish, the name(s), trademarks, service marks, slogans, logos or similar proprietary rights, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the service on the Site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content; For clarity, the foregoing license grant to Krowdguru Pte Ltd does not affect your other ownership or license rights in Your Content, including the right to grant additional licenses to the material in Your Content, unless otherwise agreed in writing.
(c) You agree to pay all royalties and other amounts owed to any person or entity due to your submission of Your Content on the Site or the Krowdguru Pte Ltd’s exercise of the Content License above.
(d) If you provide Krowdguru Pte Ltd any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Krowdguru Pte Ltd all rights in the Feedback and agree that Krowdguru Pte Ltd shall have the right to use such Feedback and related information in any manner it deems appropriate. Krowdguru Pte Ltd will treat any Feedback you provide to Krowdguru Pte Ltd as non-confidential and non-proprietary. You agree that you will not submit to Krowdguru Pte Ltd any information or ideas that you consider to be confidential or proprietary.
Krowdguru Pte Ltd reserves the right, in its sole discretion, to place limits on, change, suspend, or discontinue the Site (including the availability of any feature, database, or content) at any time, with or without notice to you. Krowdguru Pte Ltd may also restrict or terminate your access to parts or the entire Site with or without notice or cause, and without liability (which may result in the forfeiture and destruction of all information associated with your account and cancelation of all Pledge amounts). If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms and Conditions of Use which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Krowdguru Pte Ltd has no special relationship with or fiduciary duty to you. You acknowledge that Krowdguru Pte Ltd has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Krowdguru Pte Ltd from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Krowdguru Pte Ltd makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. KROWDGURU PTE LTD, AND ITS RELATED ENTITIES, DO NOT WARRANT THAT:
(A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless Krowdguru Pte Ltd and its Related Entities from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Content or otherwise from your Content, violation of the Terms and Conditions of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Krowdguru Pte Ltd reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Krowdguru Pte Ltd in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL KROWDGURU PTE LTD, NOR ITS RELATED ENTITIES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE
(I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
(II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
(III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction