Please read these terms and conditions (the "Agreement" or "Terms and Conditions") carefully before using the services offered by Tifosy Limited (hereinafter “Tifosy”).
This Agreement sets forth the terms and conditions for your use of the website at www.tifosy.com and all subdomains (collectively, the “Site”), and the services owned and operated by Tifosy, which include (i) any and all online and offline (crowd)funding campaigns aimed at fans, individuals and/or professional investors which are performed by Tifosy on behalf of third parties, (ii) all other promotions of investments and arranging deals in investments by Tifosy on behalf of third parties, and (iii) any services performed in relation to these campaigns and promotions (together with the Site, the “Services”, and (i), (ii) and (iii) above together referred to as the “Campaigns”, and the investments and/or donations resulting from such Campaigns, the “Investments”). By using the Services in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, investing in financial products offered through the Site or otherwise promoted through Campaigns or otherwise arranged by Tifosy on behalf of third parties you agree to be bound by these Terms and Conditions. Tifosy makes accessible various content, including, but not limited to, videos, images, graphics, comments, data, text, third party financial information, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).
If you have any questions, please do not hesitate to use the “Contact Us” function on our Site and we’ll endeavour to get back you as soon as possible.
Acceptance of Terms
Tifosy reserves the right, at its sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Services following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Tifosy reserves the right to change, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Tifosy may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Tifosy may, in its sole discretion, refuse to offer the Services 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 Services is revoked in those jurisdictions.
Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms and Conditions or law. You are responsible for all of your activity in connection with the Services. You shall not permit any third party to use your account.
You may view Content on the Site without registering, but as a condition of using certain aspects of the Services, you are required to register with Tifosy and entering a valid email address (“User ID”). You must be at least 18 years of age to register for use of the Site. By registering for the Site, you represent that you are at least 18 years old. You shall provide accurate, complete, and updated registration information.
You shall not use as a User ID that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.
Tifosy reserves the right in its sole discretion to refuse registration of or cancel a User ID. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You will immediately notify Tifosy (by emailing email@example.com) of any unauthorized use of your account, or other known account-related security breach.
Fees and Payments
Joining Tifosy is free. However, we do charge fees for certain Services. When you use a Service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Services.
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. Those other websites are not under Tifosy's control, and you acknowledge that Tifosy is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with Tifosy. You further acknowledge and agree that Tifosy shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resources.
Damage to Computer Systems
We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, Tifosy or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of Tifosy is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
Acceptance of Risk
By using Tifosy’s Site and the related Services, you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information, and the risks inherent in all third party links, connections and transfers via the internet. Accordingly (i) we will not be liable for the availability or accessibility of the Site or promise that your access to the Site, the content on it or the Services we provide will be delivered uninterrupted, timely or error-free; and (ii) we are not responsible for any data or information uploaded by or on behalf any Users, Clubs or other third parties, including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of the content you post, upload or publish on the Site.
Tifosy may terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by emailing firstname.lastname@example.org. Any fees paid to the Clubs and/or Tifosy are non-refundable, unless otherwise specified in the additional terms and conditions applicable to the relevant Campaign. All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not print off copies or download any extracts from any part of the Site unless expressly authorised by us to do so. If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Matters Tifosy is not responsible for
Tifosy isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services, including the Clubs. Unless otherwise stated in the relevant terms and conditions in relation to a specific Service, we do not oversee or control the performance or punctuality of projects in relation to the Services. When you use the Services, you release Tifosy 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 the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Interest and Principal Payments; Rewards
To the extent that any of the Campaigns involves payments of interest or principal amounts and/or dividends (together, the “Payments”) and/or offers other non-financial rewards (the “Rewards”) for an investment or donation to a Club, we will only promote and advertise Campaigns and will not directly offer or fulfil such Payments or Rewards. Any Payments and/or Rewards in relation to the Services will be the sole responsibility of the relevant Club offering such Payments or Rewards. We therefore do not accept any responsibility for (i) the nature, quality or performance of an Investment, (ii) any Rewards or returns, or (iii) any Payments in relation to the Investments, nor do we promise or guarantee that any Club or other third party involved in relation to the Payments and/or the Rewards will do as they promise.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold harmless Tifosy, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives, and the Clubs from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Services and Content, or otherwise from your User Submissions, violation of the Terms and Conditions, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Tifosy, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory (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, (iv) resulting from your access to, use of, or inability to access or use the Services, and (v) for any conduct of content of or any information from any third party, including the Clubs, on the Site or otherwise in relation to the Services. In no event shall Tifosy's liability for direct damages be in excess of (in the aggregate) one hundred pounds sterling (£100.00).
Uses of Your Personal Information
We will use the personal information you provide to us to identify you when you sign in to your account, to enable us to provide you with the Services, to send you marketing communications we think you may find useful, to present Campaigns to you when you use the Services which we believe will be of interest based on your geographic location, interest in Clubs and previous use of the Services, to administer your account with us, to enable us to contact you regarding any question you make through the Services, to analyse the use of the Services and the people visiting to improve our content and Services, and to use for other purposes that we may disclose to you when we request your information.
We take securing your data and preserving your privacy very seriously. We never post anything to your Facebook, Twitter, or other third-party accounts without your permission. However, we may from time to time sell your data, anonymised where possible, to the extent permitted by applicable laws.
We want to communicate with you only when necessary and will try to keep emails to a minimum. You have the ability to opt out of any marketing communications we send.
We will send you email relating to your personal transactions. You will also receive certain marketing email communications from which you may opt out at any time.
We may also send you service-related announcements on the rare occasions when it is necessary to do so.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from Tifosy all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. Tifosy may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site or your use of the Services although Tifosy retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions are governed by English law.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
“Tifosy” is a registered Trademark of Tifosy Limited and has its registered offices at Bury Lodge, Bury Road, Stowmarket, Suffolk, IP14 1JA, United Kingdom and its headquarters at Studio 7, 75-81 Burnaby Street, London SW10 0NS, United Kingdom, Company Registration No. 8504907, VAT No. GB173 6386 83.
Integration and Severability
These Terms and Conditions and other referenced material are the entire agreement between you and Tifosy with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Tifosy with respect to the Services and govern the future relationship. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Language used in Tifosy Terms and Conditions
These Terms and Conditions on the Website are in English and it is the English version of these Terms and Conditions that form the basis of these Terms and Conditions only. Translations into other languages may be made as a service and in good faith. However, in the event of ambiguity between the English version and a translation, the English version has priority over any translation.The English version of these terms will be the version used when interpreting these terms.
Tifosy shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Tifosy’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Tifosy's prior written consent. Tifosy may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.