Terms and Conditions

Welcome to the Pozible Terms and Conditions (or “Agreement”). This Agreement describes the terms and conditions that govern your use of our services at http://www.pozible.com/ (our "Site" or “Platform”). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and Pozible's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time, and you agree that they form part of this Agreement. Our Privacy Policies may be accessed here: Privacy Policy. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.

By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by Pozible and its related and affiliated companies, to the extent that you use those websites.

We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with Pozible. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.

Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and Pozible.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

Pozible is an online crowdfunding and pre-sales service developed specifically for the creative industry. Pozible allows invited individuals, groups and organisations ("Project Creators") to list projects and raise funds through pre-selling goods and services to new and existing Pozible members ("Project Supporters"). Pozible also provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Pozible Offer"). Merchants are willing to offer attractive promotionals in order to reach the Pozible community.

Projects

Pozible collects and transfers these funds to the Project Creator only if the project reaches a sales target (“Funding Goal”) before the project deadline.

Pozible shall not be liable for the interactions with any organisations and/or individuals found on or through the Pozible 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 Pozible.

Pozible cannot be held liable for the actions of a Project Creator, Project Creators are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. Pozible does not oversee the performance or punctuality of projects. Pozible reserves the right to cancel a project listing and refund all associated members' payments at any time for any reason. Pozible reserves the right to remove a project listing from public listings for any reason.

Pozible is not responsible for any damage or loss incurred as a result of any dealings on the Pozible platform. All dealings are solely between you and such individuals and/or organisations. Pozible is under no obligation to become involved in disputes between Project Supporters and Project Creators, or between site members and any third party. In the event of a dispute, you release Pozible employees, partners 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.

Pozible cannot guarantee the full receipt of pledged funds due to occasional failures when capturing funds from debit and credit cards.

Fees

Pozible does not collect fees or charges from Project Supporters. We do charge fees for certain services.

All funds on the Pozible website are initially pledged (and not collected) by Project Supporters prior to reaching its funding goal. These pledges are not collected until the project reaches its funding goal. After the project reaches its funding goal all pledges are collected immediately.

Successful Project

In the case of successful projects, Pozible will seek to capture all pledge amounts for a project from the Project Supporter's and transfer the amounts to the Project Creator.

The funds are transferred directly to the project creators bank account. The payment process commences immediately after the project reaches its deadline and the process can take up to 14 days to complete. During this time Pozible will capture all pledges for the project and Pozible will make every effort to collect outstanding payments prior to releasing the funds. Pozible does not benefit financially from holding funds whilst collecting and processing funds from project creators.

Pozible cannot guarantee full receipt of the total pledged amount due to declined credit card and debit card payments.

Delivery and Refunds
Funds collected for projects through the Pozible platform are nonrefundable and Pozible is not responsible for issuing refunds to Project Supporters. Pozible transfers the funds to the Project Creator for successful projects after the project deadline. Project Creators may initiate refunds at their own discretion. If, for any reason, Pozible is required to refund monies to Supporters of a Project, the Project Creator will fully compensate Pozible for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs. Please contact admin@pozible.com if you need further advice on this.

The Project Creator is wholly responsible for meeting any obligation or reward stated or implied in their project. Pozible is not responsible for the delivery of rewards stated in projects. Project Supporters should contact the Project Creator if the delivery terms are not clearly stated in the project description.

Unsuccessful Project

Project Supporter pledge amounts will be cancelled by Pozible. No funds will be captured from the Project Supporters and no funds will be transferred to the Project Creator. No fees or charges apply.

Like all Policies, we may change our fees policy and the fees for our services. We may choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free service days) and such changes are effective when we post the temporary promotional event. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the project. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). The Pozible fees must never be mentioned on project listings but you may wish to consider Pozible fees when determining the funding goal of your project.

You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any fees paid for the service without first having obtained prior written consent to refund shall entitle Pozible to deactivate your account unless and/or until such time as the fees are repaid or a credit or refund is agreed with Pozible. Deactivation will include all access to the service including previously purchased additional features and/or the free aspects of Pozible.

Furthermore, you may not list a project on our Site (or complete any transaction that was initiated using our service), if the payment to us of the service fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited, Questionable and Infringing Items list current at the relevant time.

Pozible Offer

This section refers to the terms and conditions for Pozible Offer.

a. How It Works. By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will received a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.

b. The Voucher Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.

c. Expiration Dates The expiration date for a Voucher is as printed on the Voucher.

If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Pozible will refund the paid portion of your Voucher. In order to receive the credit, you must provide the following information in writing to support@pozible.com: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.

d. Deal Specific Terms Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

e. Global Terms Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

no cash value for any Voucher, no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law, no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher, use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher, Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher, Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable, neither Pozible nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers, duplicate use, sale or trade of a Voucher is prohibited, except as required by law, unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher. 7. Merchant Responsibility To be clear, Pozible markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

f. Promotions Of The Deal Program From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

g. Products Available For Sale The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Pozible reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Pozible does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

h. Refunds Pozible will provide a refund of the purchase price paid by you for any Deal within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.

i. Playing Nicely Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. Pozible will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.

Electronic Communications

The communications between you and Pozible use electronic means, whether you visit the Site or send us emails, or whether Pozible posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Pozible in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pozible provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Support

Pozible does provide limited support for the Software or Service. However, Pozible may provide access to a protected forum for the User to send any questions and/or comments regarding the Software or Service. Pozible does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.

Usage

Improper Usage of Pozible. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Pozible membership or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the Pozible service, violated the terms of this Agreement, or have otherwise used the Pozible service to conduct any fraudulent or illegal activity.

In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in Pozible's sole discretion), Pozible may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Your Information

Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the project information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to Pozible or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Pozible. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

a. be false, inaccurate or misleading or deceptive;

b. be fraudulent or involve the sale of counterfeit or stolen items;

c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

e. be defamatory, libellous, threatening or harassing;

f. be obscene or contain any material that, in Pozible's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such

g. contain any content that is prohibited or that, in Pozible's sole and absolute discretion, may be prohibited content.;

h. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Pozible website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;

i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

j. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

Solely to enable Pozible to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Pozible will only use Your Information in accordance with our Privacy Policy (located here). We need this to use and display your content.

Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting projects. In particular, you must ensure that your activities, projects you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).

Project Creators alone, and not Pozible, are responsible for ensuring that the project listing and any other activities conducted on the Pozible website are lawful. Project Creators must ensure that they comply with all applicable laws in Australia and all other countries. Project Creators must also ensure that they strictly comply with this agreement and the policies which form part of the agreement.

Project Creators should comply with country, state and federal regulations

Project Creators should be aware that funds raised using Pozible could be taxable income. It is the Project Creators responsibility to declare the funds and comply with local tax laws.

REFERENCE
References for Australian Tax & Legal

Governing Law

These terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the Pozible service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this.

Further Information

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.

Disputes between you and Pozible regarding our services, complaints or suggestions should be reported to Pozible Customer Support located at support@pozible.com

LAST UPDATED: 18th June 2011