Terms of Use

Version 1.0
Last modifications: June 22, 2020

These terms of use (hereinafter referred to as the “Terms of Use”) of XPATRIA, a swiss non-profit association, 26, boulevard des Philosophes,1205 Geneva, Switzerland (hereinafter referred to as “XPATRIA” or “We” or “Us”) govern the conditions of use and the rights and obligations of users (hereinafter referred as the User(s)” or “You”) of the website https://www.xpatria.org and consequently all the subdomains of xpatria.org (hereinafter referred to as the “Site”).

By using the Site and services offered by XPATRIA (hereinafter referred to as the “Services“), You acknowledges that You have read, understood and agreed to be bound by these Terms of Use. You also agree to our Privacy Policy and agree to follow any other rules on the Site.

If You do not agree to be bound by the Terms of Use set forth below, You shall refrain from accessing the Site or any of its pages.

Site – Platform

The Site is a crowdfunding platform allowing project founders (hereinafter referred as the “Project Founders”) to enter into contact with potential donors (hereinafter referred as the “Donors”) interested in donating money in relation to specific projects (hereinafter referred as the “Projects”).

Project Submission

You (as Project Founder) can submit your Projects for funding on the Site. The Project has to align with at least one of the U.N. Sustainable Development Goals (SDGs). XPATRIA performs a due diligence for your Project before making it visible online.

When a Project is approved, a campaign is created on the Site setting out the duration of the campaign and the goal amount. Donors will then look through the campaign and make donations to support the Project.

Donations

You (as Donor) are immediately charged when You donate money for a Project on the Site.

Responsibility for finishing a Project lies entirely with the Project Founders. XPATRIA does not offer any form of refunds to Donors.

XPATRIA is not responsible for mistakes in the Project’s content and will not be liable for any errors or omissions in any content.

Project content

XPATRIA does not own the content You (as Project Founder) submit to Us (hereinafter referred to as the “Content“). However, when You submit a project, or launch a campaign, You agree to the following:

  • XPATRIA can use the Content You have submitted. You grant us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
  • You grant Us the right to edit, modify, reformat, excerpt, delete or translate your Content.
  • When You provide XPATRIA with third parties content You guarantee that You have the right to share this content and have obtained the consent from these third parties for XPATRIA to process it. Particularly, You will not submit content You do not hold the copyright unless You have permission to submit this content and to grant XPATRIA all the rights to process it.
  • Any royalties or licensing on Your Content are your responsibility. You are responsible to pay all royalties and other amounts owed to any person or entity based on Your Content, or on XPATRIA’s hosting of that Content.
  • You are responsible for your Content and for all information submitted to the Site, whether publicly posted or privately transmitted.
  • XPATRIA is not responsible for mistakes in Your Content and will not be liable for any errors or omissions in any content.

Fees

Submitting a Project on XPATRIA is free.

Save for the fees described below, Project Founders can keep whatever they raise and are not obliged to reach their goal amount.

XPATRIA charges an amount corresponding to 5% of any amount raised.

Our payment processors charge 2.9% + CHF 0.30 per successful card charge. These fees may vary slightly based on your location.

The Project Founders are responsible for paying any additional fees or taxes associated with Your use of the Site and Services.

Receiving funding 

XPATRIA and its payment processors will charge their fees before sending the collected funds to the Project Founders’ banking account.

XPATRIA does not guarantee the success of your Project campaign and is not responsible if your Project campaign does not reach its goal amount.

The Project Founders will agree with XPATRIA when to receive the collected funds.

XPATRIA reserves the following rights

We can make changes to the Site and Services at any time without notice or liability. However, if we make any material changes to these Terms of Use, We will notify You either through the email address You have provided us or by placing a prominent notice on our Site.

We have the right to decide who is eligible to use the Site and Services. We can cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If our Services are prohibited by law in your location, we reserve the right to revoke your right to use the Site and Services in that location.

We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason. In such case the funds already collected in relation to that campaign (if any) shall be transferred to the relevant Project Founder unless such transfer is prohibited by law.

We have the right to refuse a donation to any campaign, at any time and for any reason.

We are not liable for any damages as a result of any of these actions.

Compensation and liability

If your use or misuse of the Site and Services lead to a lawsuit against XPATRIA, if it leads Us to suffer any damage, if You break any of the rules in these Terms of Use, You are fully responsible and You agree to defend, compensate, and hold Us harmless from all liabilities, claims, and expenses. We reserve the right to exclusive defense and control of any matter, in which case You agree to cooperate and to help us in building any defenses.

Within the limits of applicable law, XPATRIA and its members, employees, officers or any other auxiliary persons of XPATRIA shall not be liable, including in the case of negligence, for any damages, losses or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities, in connection with the use or misuse of the Site and We are relieved of liability for any loss or damage You suffer in relation thereof including in the event of account hacking, User identity spoofing or the User’s reliance on or use or inability to use the information and services on the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the User advises XPATRIA of the possibility of such damages, losses or expenses. Furthermore, XPATRIA disclaims all liability for any tampering with the User’s computer system by unauthorized parties.

We are not liable for any damages caused by any auxiliary in accordance with the article 101 al. 2 of the Swiss Code of obligations.

XPATRIA does not warrant the accuracy, adequacy, completeness or timeliness of the information and services or the error-free use of the Site.

XPATRIA does not represent or warrant that the Site will be available or that it will meet the User’s requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the User’s computer system. The User shall be solely responsible for his/her/its adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

Choice of court

The Courts of Geneva, Switzerland shall have exclusive jurisdiction over any disputes arising out of or in connection with the Site and its use, be it directly or indirectly, in tort or in contract or for any other cause.

Applicable Law

Use of the Site and all the disputes arising directly or indirectly in relation to its use shall be governed by the substantive laws of Switzerland, without reference to its conflicts of law rule.