1. Acceptance of Terms
This website is owned and maintained by Invest and Raise Capital Limited, trading as Invest and Raise and is registered in the Republic of Ireland, company number 636558 (“us”, “we” or “Invest and Raise”). The use of this website is subject to the following terms and conditions that you should read carefully. By using this website you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions, please do not use this website.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Invest and Raise may, in its sole discretion, refuse to offer the Service 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 Service is revoked in such jurisdictions.
3. Acceptable Use
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) upload, download, post, submit, provide or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
(a) infringes any patent, trade-mark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
(b) you know is false, misleading, untruthful or inaccurate;
(c) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
(d) constitutes unsolicited or unauthorised advertising or promotional material or any junk mail, spam or chain letters;
(e) 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 Invest and Raise or any third party;
(f) impersonates any person or entity, including any employee or representative of Invest and Raise; or
(g) would thereby render all or any part of any investment or donation made hereunder non-receiptable by a registered charity under applicable law; nor shall you take any other action that causes any of the foregoing.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Invest and Raise in its sole discretion) an unreasonable or disproportionately large load on Invest and Raise (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Invest and Raise may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
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 Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, 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/provincial, national and international laws and regulations.
You shall not (i) select or use seek to use this service with the intent to impersonate that person; (ii) use or seek to access the account of another user other than you without appropriate authorization; or (iii) use the service or post materials which are deemed offensive, vulgar or obscene. Invest and Raise reserves the right to refuse registration of, or cancel a User 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 Invest and Raise Account Password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Invest and Raise in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
5. 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 Invest and Raise’s control, and you acknowledge that Invest and Raise 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 Invest and Raise or any association with its operators. You further acknowledge and agree that Invest and Raise 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.
6. Content and License
You agree that the Service contains Content specifically provided by Invest and Raise or its partners and that such Content may be protected by copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws in Ireland and elsewhere. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
7. Third Party Intellectual Property — Copyright Notifications
Invest and Raise respects the intellectual property of others, and we ask our users to do the same. Invest and Raise may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Invest and Raise will remove infringing materials in accordance with the applicable laws if properly notified that Content infringes copyright.
Notifying Invest and Raise of Copyright Infringement:
To provide Invest and Raise notice of an infringement, you must provide a written communication to the attention of “Copyright Notification Dept.” care of firstname.lastname@example.org that sets forth the information reasonably required by Invest and Raise.
Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse. Please also note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Invest and Raise with Counter-Notification:
If you feel that your material does not constitute infringement, you may provide Invest and Raise with a counter notification by written communication to the attention of “Copyright Notification Dept.” at email@example.com that sets forth the information reasonably required by Invest and Raise.
Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of counsel.
Any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
8. Intellectual Property Rights — Project Organisers & User Submissions
The Service provides you with the ability to upload documents and content to the Site.
As a member, you represent and warrant that you have all necessary rights and licenses to submit and upload such Content to the Site, and to make it available in connection with the Service.
Invest and Raise will not have any ownership rights in Content submitted by you. However, Invest and Raise needs the following license to perform the Service, where information uploaded relates to a Property Development, inclusive of site images, promotional images, details.
You hereby grant to Invest and Raise the worldwide, non-exclusive, royalty-free, right to publish and host the Content that you submit in connection with the Service, as relates to such information.
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post Content to the Site (collectively, the “User Submissions”). As a user, you represent and warrant that you have all necessary rights and licenses to submit and upload such User Submissions to the Site, and to make it available in connection with the Service.
Invest and Raise will not have any ownership rights in such User Submissions. However, Invest and Raise needs the following license to perform the Service. You hereby grant to Invest and Raise the worldwide, non-exclusive, royalty-free, right to publish and host such User Submissions that you submit in connection with the Service as is deemed necessary for the provision of the Service.
Invest and Raise does not endorse and has no control over any Content or User Submission. Invest and Raise cannot guarantee the authenticity of any data that users may provide about themselves, albeit we do endeavour to validate information as much as is reasonably possible.
You acknowledge that all Content and User Submissions accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
10. Warranty Disclaimer
As a registered Data Controller, Invest and Raise shall take all reasonable care to validate, update and manage information and system access with care. Furthermore, significant care has been taken to develop procedures and safeguards to limit any potential misuse or loss arising from third party access to member accounts.
You acknowledge that despite this Invest and Raise has limited control over, and no liability regarding: which users gain 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 Invest and Raise and our service partners 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.
Invest and Raise makes no representations concerning any Content contained in or accessed through the Site, and Invest and Raise will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
INVEST AND RAISE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE 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 SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INVEST AND RAISE MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
Invest and Raise will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Invest and Raise equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
12. Limitation of Liability
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
14. Electronic Delivery/Notice Policy and Your Consent
By using the Services, you consent to receive from Invest and Raise all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Contract Notices”) electronically. Invest and Raise may provide such electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, it may cause the discontinue of your use of the INVEST AND RAISE Site and Services.
Should you require a physical copy of one of these Contract Notices, please contact us in the first instance at firstname.lastname@example.org
15. Governing Law
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the Ireland, without giving effect to any principles of conflicts of law.
You agree that INVEST AND RAISE (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over Invest and Raise or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Republic of Ireland.
You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the courts located in Ireland, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
16. Integration and Severability
Invest and Raise shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Invest and Raise’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).