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Terms of Service

FRIENDFUND

Terms of Service
("ToS")
Effective as of 2011/03/15

friendfund GmbH (hereinafter "friendfund") operates a social network on the internet which helps the users of the network to give presents to friends by setting up a Gift Pool on friendfund.com and thereby collecting the money needed for a certain gift or for a gift voucher. friendfund cooperates with a broad range of providers of goods and services ("Merchants") at whose online shops the gifts can be selected by the initiator of a Gift Pool, the “Pool Admin”. Any User who is registered with friendfund can contribute to an active Gift Pool ("Contributor") by donating an amount of money at his/her discretion. Once the Contributors have collected a sufficient amount of money to buy the gift that they have decided on, the Pool Admin will receive an email from friendfund in which he is informed that the money has been transferred to the PayPal account named by him or which will contain the code for the gift voucher that he decided upon. He is then able to arrange the shipping of the gift in question to the recipient of the gift or to send to him the code for the gift voucher.

1 General Provisions

The use of the services offered on the friendfund website by the friendfund GmbH, Landsberger Allee 117, 10407 Berlin, Germany are exclusively subject to these Terms of Service ("ToS").

2 Conclusion of the Agreement

2.1 To participate in friendfund the User of the friendfund website (“User”) needs to register at the website or connect via another social network with friendfund. The registration is free for all Users.

2.2 Only private individuals are entitled to register with friendfund. In order to contribute to a Gift Pool, the User needs to be of legal age because this will require access to means of payment such as PayPal or credit cards. friendfund reserves the right to verify the personal data of a User. An account with friendfund is not transferable.

2.3 To register with friendfund, Users need to accept these Terms of Service.

2.4 Once friendfund accepts the User’s registration, he will receive a confirmation email. friendfund reserves the right to refuse a registration without providing any reasons. In this case all data that has been transmitted by the User will be deleted.

2.5 Once the registration is complete, the User can benefit from the services of friendfund, such as setting up gift pools, and contributing to existing gift pools.

3 Setting up a Gift Pool

3.1 The User sets up a Gift Pool on the friendfund website by first entering the sum of money he wants to raise as well as setting up a deadline until the end of which he wishes to receive contributions to the Gift Pool. After this he can define what kind of present he wants to make and what the occasion for the gift is by entering a title and a short description for the Gift Pool. It is also possible to describe the gift by entering a link to a third party website. Neither the description of the gift nor any pictures used for the description of the gift must violate the rights of third parties and must only be used with regard to a description of the present in question.

In addition to this, the Pool Admin can choose whether he wants to receive a gift voucher for the amount of money he intends to raise or whether he prefers the money to be transferred to a PayPal account named by him. After having entered all the necessary details for the Gift Pool, the Pool Admin may invite others through other social networks or via email to take part in the Pool. As long as a Gift Pool is “active” all Users that have been invited may themselves invite others to become Contributors to the Pool. The Pool Admin is free to contribute to his Gift Pool; however, such a contribution is not mandatory for the process of setting up a Gift Pool.

3.2 As soon as the amount of money that was stated by the Pool Admin has been collected by the Contributors of the Gift Pool, friendfund will either forward to the Pool Admin the code for the chosen gift voucher or will transfer the money to his PayPal account. If the Pool Admin chooses the option of having the money raised transferred to his PayPal account, he will be required to pay friendfund a transaction fee equaling 8 per cent of the sum of money in the account. If he chooses the option of acquiring a gift voucher friendfund will not ask for a transaction fee.

3.3 The Gift Pool will be active for an initial period after the activation ("Initial Period"). In case the Contributors failed to collect a sufficient amount of money after the Initial Period during which the Pool was active, the Pool Admin can extend the duration of the Gift Pool for another fixed period of time ("Extended Period") by sending reminders to the actual Contributors. He also can solicit new Contributors via the friendfund network. The Pool Admin cannot cancel or shut down an Active Gift pool prematurely.

3.4 In case the purchase price has not been met after either in the Initial or the Extended Period all contributions made by participants in the Pool through the use of PayPay will automatically be refunded and the credit cards of those Contributors who used credit cards to donate money will not be charged.

3.5 Friendfund reveres the right to allow for the creation of Gift Pools for wich the procedure laid down at para. 3.4 of these ToS is not applicable and for which there will be no refund of money paid using PayPal and for which credit cards that have been used for contributions to the Pool will be charged even if the amount of money that has been asked for by the Pool Admin was not raised within the periode of time stipulated by him. If the procedure laid down at papa. 3.4 of these ToS is not applicable for a Gift Pool friendfund will point this out to the possible Contributors before they make their contributions.

3.6 It is the responsibility of the Pool Admin to use the money raised on the friendsfund website for the specific purpose he laid down in the desciption of the Gift Pool. The Pool Admin acknowledges that when using the money that was collected through the use of the services of friendsfund to buy the intended present, he will become the contractual party of the respective Merchant and that he will need to execute any warranty claims, rights of withdrawal, liability claims, exchange requests, customer service inquiries only towards the respective Merchant. The Pool Admin acknowledges that he is not entitled to execute any of the aforementioned rights towards friendfund. By setting up a Gift Pool the Pool Admin guarantees that he has read, understood and accepts the Terms of Services of the respective Merchant.

4 Contributing to a Gift Pool

4.1 A User who decides to become a Contributor can contribute directly to an Active Gift Pool either if he was invited by the Pool Admin for a specific Gift Pool or by browsing in his friends list for Active Gift Pools and participating in one of these Pools without first having been invited.

4.2 Once the Contributor has selected an Active Gift Pool he can choose the amount of his contribution, select a payment option and finalize his donation. Once the payment process is completed, the donated amount will be credited to the respective Gift Pool.

4.3 In case the sum of money that was envisaged by the Pool Admin was not collected within the time frame set by him, contributions will be refunded in accordance with the procedure laid down at para. 3.4 of these ToS. If for any Pool refunds are not possible in the case that a specific amount of money was not raised in time friendfund will point this out to the User in accordance with para. 3.5 of these ToS

4.4 Purchase prices, VAT and shipping costs for a present selected by the Pool Admin which does not consist out of a gift voucher may vary from time to time and are beyond the responsibility of friendfund.

4.5 The Contributor acknowledges that – depending upon the option chosen by the Pool Admin when he created the Gift Pool - the money that has been donated for the Gift Pool will either be transferred to a PayPal account named by the Pool Admin or will be transferred by friendfund to a Merchant that will issue the selected gift voucher. In case the Pool Admin settled for the option of receiving a gift voucher the code for the respective voucher will be sent to the Pool Admin.

The Pool Admin will be the proprietor of the credit transferred to his PayPal account or the receiver of the code for the gift voucher respectively.

4.6 Friendfund will generally not check the legality, accuracy or completeness of any of the Gift Pools created on the friendfund website. Friendfund will also not check whether the money raised or a gift voucher bought is used in accordance with the purpose given by the Pool Admin when creating the Gift Pool. Therefore it is the responsibility of each User to look into the identity of the Pool Admin and to direct any complaints with regard to the use of the money raised or the issued gift voucher to the Pool Admin himself.

5 Completing a Gift Pool

5.1 Once the Contributors have raised sufficient money for the purchase of the gift that has been picked by the Pool Admin, the Pool Admin completes the Gift Pool by clicking on the complete button in the area for registered members. By completing the Gift Pool – depending on the option chosen by the Pool Admin – the money raised will be transferred to the PayPal account named by the Pool Admin or the money will be transferred to a Merchant in order to pay for the selected gift voucher. Friendfund will then submit the code for the gift voucher to the Pool Admin.

5.2 Once the has been transmitted to the PayPal named PayPal account or once the gift voucher has been paid for and the code has been sent to the Pool Admin, the Gift Pool will become completed and inactive. The Pool Admin and the Contributors will be able to review the Completed Gift Pool for the sole purpose of information for a period of thirty (30) days after completion. After this period, the Gift Pool may become inaccessible to the Users.

6 friendfund Services

6.1 friendfund is responsible for providing and maintaining the friendfund services.

6.2 friendfund does not generally verify the information, actuality, availability or the applicability for a certain or intended use of the goods and services provided by Merchants that the Pool Admin might refer to when setting up a Gift Pool.

6.3 Due to necessary maintenance work, it may occur that certain functions are temporarily unavailable. friendfund will undertake to resolve any faults or downtimes as soon as possible or legally or economically possible or appropriate. friendfund will timely announce projected downtimes and will schedule them preferably in the off-peak time.

6.4 friendfund is dedicated to further develop and improve its services. Hence, friendfund may enhance, alter or slightly modify certain features or applications. This may include the partial or total discontinuation of individual functions so long as this does not result in any significant change of friendfund’s contractual duties under these Terms of Service.

6.5 friendfund reserves the right to delegate a part or all of the rendering of the service to affiliated enterprises, third party service providers or vicarious agents if necessary.

7 Payment

7.1 The registration with friendfund, creating and maintaining User Accounts, setting up Gift Pools, and general services of friendfund is free of charge.

7.2 By donating money for an Active Gift Pool the Contributor will specify the respective Active Gift Pool he wants to contribute to and selects the desired payment method (such as PayPal or credit card) and will follow the instructions that will guide him through the payment process. For each Gift Pool, friendfund will credit the donations by the Contributors to a deposit that is associated to the respective Gift Pool. friendfund will not pay any interest on this deposit. A refund of money paid to a specific Gift Pool takes place under the conditions laid down in para. 3.4 of these ToS.

7.3 If the Pool Admin chooses the option of having the money collected transferred to a PayPay account, friendfund charges a service fee amounting to 8 per cent of the sum of money collected in the Gift Pool. The option of buying a gift voucher is free of charge.

8 Rights of Use

For the duration of the contract, friendfund will grant the User the revocable, non-exclusive, non-transferable and non-sub licensable right to use the services and applications provided by friendfund. No further rights will be assigned to the User. friendfund is enabled to alter the scope of the granted rights if necessary as long this does not constitute a substantial alteration of the services provided under these ToS.

9 Data Protection

9.1 friendfund is entitled to collect and use personal data of the User as is required for the participation in friendfund.

9.1.1 friendfund particularly collects, processes and uses the data that has been submitted by the User at his registration as well as data which is made available by participating in friendfund.

9.1.2 friendfund shall also be entitled use the contact data provided by the Users in order to contact them per email in connection with this contract. friendfund may contact Users to inform and remind them of products and services. friendfund will unsubscribe users from specific notifications on request.

9.1.3 friendfund is as well entitled to submit the contact information of the Pool Admin to the Merchant issuing a gift certificate in order to complete the contract concerning the gift voucher in the name of the Pool Admin.

9.2 The processing or use of personal data for purposes other than those expressed in Number 9.1 is only permissible based either on the User's prior consent or friendfund is entitled to use this data because of a statutory regulation.

9.3 The User shall be entitled to be informed about the data stored about him free of charge and he has a right to rectification, refusal of access or deletion of his data where appropriate.

For questions regarding the collection, processing or use of personal data and for information, amendment, blocking or deletion of data and the revocation of consent granted the User can contact friendfund at the address given above.

10 Period of Validity and Termination

10.1 The contract between the User and friendfund is closed for an indefinite period and can be terminated any time with either a written notice (such as fax or email). This does not apply in case a Pool Admin has set up an Active Pool that has not been either completed or closed. In this case the contract will be terminated once the Active Pool has been completed or closed.

10.2 Both contractual parties reserve the right to terminate the contract without notice for cause. Cause is particularly relevant if one of the contractual parties substantially and/or sustainably violates significant contractual obligations.

10.3 In case of a termination of the contract, whatever the cause may be, friendfund will shut down the User’s access to the friendfund and delete the User’s data unless statutory provisions do oblige friendfund to file those information such as the regulations for tax audits and/or tax codes.

11 Liability of friendfund

11.1 friendfund is not responsible for the availability, pricing, condition, usability, serviceability, legality, applicability to a certain or intended purpose of the goods and services that have been purchased by using money collected through the use of friendfund. friendfund is not the contractor of the respective Merchants and will therefore not warrant or take over any responsibility or guarantee for the aforesaid goods and services. Any controversy or legal dispute concerning or in relation to the aforementioned goods and services must be settled in the relation of the Pool Admin and the Merchant. friendfund is not responsible for damages which arise because of or in connection with defective or incompatible software or hardware of third parties or for the insufficient availability or flawless operation of the internet.

11.2 The execution of some actions at friendfund, such as contributing to an Active Gift Pool can require the utilization of services of Third Parties such as payment services. Those services are not provided by friendfund and are subject to the terms and conditions of the respective Third Party. friendfund is not responsible and will not issue any warranties or is not liable whatsoever for those Third Party services. friendfund is not responsible - particularly but not limited to - for the accuracy, solvency, credibility, lawfulness of those services of Third Parties or for timely, correct, or the conduction of payments at all under any contract of payment services between the User and those third parties.

11.3 Otherwise, regardless of the legal grounds, friendfund shall be held liable only under the following circumstances:

11.3.1 if one of its legal representatives, executives or other vicarious agents has acted intentionally or grossly negligently;

11.3.2 in the event of any culpable breach of an essential contractual duty, delayed performance or the impossibility of performance, in each case based on the respective merits. The expression "essential contractual duty" describes a duty in the abstract, the fulfillment of which is an essential pre-requisite for the due implementation of the agreement, and that is a duty on whose fulfillment the respective other party can rely as a general rule.

11.4 In the event of liability pursuant to Number 11.3.2, this shall be limited, for financial losses and damages to property, to the amount of the typically foreseeable loss.

11.5 The above limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for a guarantee that has been assumed, and liability for culpable injury to life, limb or health.

12 Confidentiality

The Parties will keep confidential all data or information of the other Party that has been disclosed in connection with this contract and that has been either indicated as confidential or is obviously recognizable as a non-disclosable information. In case of doubt, all information shall be considered confidential. This does not apply to information that has been deliberately disclosed to the public by any Party or has become public without a Party being in breach of this paragraph.

13 Final Provisions

13.1 These Terms of Service and the contractual relationship between friendfund and the User shall be solely governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 Should any provision of these Terms of Service be or become invalid, ineffective or denounced inapplicable by a legally binding ruling of a competent court, as a whole or in part, this shall not affect the validity of the remaining provisions and/or these Terms of Service altogether.