Terms of Service

GENERAL TERMS AND CONDITIONS OF USE

PREAMBLE

Makers & Bankers is a company which operates a collaborative platform, based on an altruistic finance social network (hereinafter the "Service"), available on the www.makersbankers.com website (hereinafter, the "Website"). The Service, which is completely free and does not contain any advertising, is distinct in that it creates links between project creators (the "Makers") and those who wish to allow others to benefit from their experience and advice and even participate in project funding, either privately, or publicly, subject to the conditions set out in Article 6 below (the "Bankers"). The Makers and the Bankers are hereinafter referred to together as the "User(s)".

ARTICLE 1. GENERAL PROVISIONS

1.01 Company

Makers & Bankers is a simplified joint stock company ("société par actions simplifiée") with capital of Euros 20,000, whose registered office is situated at 37, rue Charles Lorilleux in Puteaux (92800), registered with the Trade and Companies Register of Nanterre under number B 795 317 437 (hereinafter "Makers & Bankers").

All User queries and requests should be sent by recorded delivery letter, digital or otherwise, to the registered office or to the following email address: "support@makersbankers.com"

Mr Hicham Ezzahiri is publishing manager of the Website.

1.02 Acceptance of the general terms and conditions of use

These general terms and conditions of use of the Website (hereinafter the "GTCU") set out the only applicable contractual terms and conditions between Makers & Bankers and the Users relating to the use of the Website.

In order to use the Service, the User must be over 18 years old and legally capable of creating binding legal obligations and declare that they have familiarized themselves with these GTCU and that they have read, understood and accepted such GTCU unreservedly and without restrictions.

1.03 Amendments to the GTCU

The GTCU and any specific terms and conditions which apply are those which appear on the Website at the time of using the Services. Makers& Bankers reserve the right to modify these GTCU and the Services at any time, in order, notably, to comply with any regulation changes.

ARTICLE 2. CONDITIONS FOR REGISTERING AND CREATING A PERSONAL USER ACCOUNT

Access to the Services is open to any person who registers on the Website and creates a personal user account. Before accessing the Services, each User must first provide a minimum amount of information, ie. a screenname, their first name and surname, a valid private and/or professional email address, three (3) interests from the list of interests provided, as well as a password made up of a least six (6) characters. The user may also provide their PayPal® account details.The email address provided will constitute the User's User ID on the Website, and enable them to access their personal user account and to receive information relating to the projects and/or the Website generally. The User also has the option of connecting to the Website using their Facebook®, Gmail®, Hotmail®, Yahoo® or other log-ins, and thus import their contacts.

Each Banker must provide as a minimum, the following information: their experience and ideals, the number and type of projects that they would like to support.

Likewise, the Maker undertakes to provide, as a minimum, the following information in a detailed manner: the nature of the project, the amount and intended use of the funds collected, fund-raising deadline, a presentation video and a regular update on the progress of the project, intended for the Bankers.

The User must also select their status, i.e. Maker, Banker or both and complete their profile as fully as possible, in order to enable Makers & Bankers to improve the personalisation of the contents and target suitable Makers and/or Bankers.

The User warrants that the information they provide with regards to their identity and contact details is correct, accurate, complete and up-to-date, as is requested in the form for registering for the Services, available on the Website, and will refrain from using the name and contact details of a third party and/or which are fictional and/or false. Makers & Bankers reserve the right to ask the User to provide additional information or substantiating documents.

Should the User provide false, inaccurate, invalid, incomplete, deceptive information or information of a misleading nature, Makers & Bankers may, immediately without notice or compensation of any kind whatsoever, suspend or terminate the personal User account and deny access to the User, temporarily or indefinitely, to all or part of the Services.

The User alone is responsible for the use, loss and/or misuse of their personal data. All access, use of the Services and transfer of data using a personal user account will be deemed to have been performed by the User.

ARTICLE 3. SUBMISSION OF A PROJECT BY THE MAKER

3.01 Submission of a project by the User

The process by which the Maker can submit a project is indicated on the Website, and notably the type of information that the Maker must provide (purpose, fund-raising objective, fund-raising period etc.). To make the Maker's projects attractive to Bankers, Makers & Bankers encourage Makers to clearly and precisely define the project's goal and to provide as much information as possible, such as the origin of the project, the details of how the funds raised will be used, the success deadlines for the project and future prospects.

3.02 Non-validation of projects by Makers& Bankers

Makers & Bankers do not check and/or correct the contents published by each Maker on the Website. Therefore the Maker alone is responsible for the contents which are posted and the consequences thereof. The Maker expressly warrants to Makers & Bankers that they do not infringe or violate the rights of any third party and that it owns all rights over the information published on the Website (text, photographs, logos, images etc).

In order to standardize the projects presented on the Website and facilitate browsing for the Users of the Website, Makers & Bankers may inter alia ask the Maker to modify certain sections, spellings and/or the format of the text submitted by the Maker. In such circumstances, Makers & Bankers will notify the User of such modification requests as well as recommendations for updating the contents in question, which the Maker has the right to refuse. In the event that the Maker refuses, Makers & Bankers informs the Maker that their project may not benefit from identical presentation conditions in the project listings.

ARTICLE 4. PUBLICATION AND USE OF PROJECTS

By posting a project on the Website, the Maker is deemed to have accepted that Makers & Bankers is free to use such project and the transfer of all rights of use and exploitation rights over the project, including, but not limited to, rights over texts and photographs, in the context of the Website and in any promotional campaigns for the Website by Makers & Bankers.

In this respect, before all postings, the Maker must accept the transfer of all such rights by checking the box provided for this purpose. In the event that the Maker refuses to assign its rights over the recipe, the project cannot be published on the Website by Makers & Bankers.

The Maker accepts publication using the "double click" acceptance process which enables the User to check, before publishing and before agreeing to the transfer, all the information relating to the Services. By double clicking, the Maker is deemed to have irrevocably agreed to the transfer of the intellectual property rights as specified in Article 10 below, and constitutes their digital signature, which has the same value as a physical signature.

The projects may be used by Makers & Bankers for as long as the transferred rights are protected. The Maker hereby accepts that their project may be kept on the Website by Makers & Bankers, even after they have deactivated their account and/or after expiry of the fund-raising campaign and regardless of whether or not their project was successful.

ARTICLE 5. PROCEDURE FOR REPORTING ABUSE

Makers & Bankers is a collaborative platform open to all types of projects and Users.

Nevertheless, Makers & Bankers will not tolerate projects and/or statements which contravene the legal and/or statutory provisions in force, are contrary to common decency or an invasion of privacy, or which contain data and/or information of a discriminatory nature (sexual orientation, ethnic and/or geographical origin, skin colour etc.), defamatory, pornographic, paedophilic or which incite violence.

In such circumstances Makers & Bankers reserves the right to delete any project as well as the account of the User in question, after warning the latter and asking them to provide an explanation and/or to modify or delete the contents in question.

Any User of the Website may inform Makers & Bankers of the use by another User of a pre-existing project or a project of which one, or several element(s) (text, photographs etc.) violates intellectual property rights belonging to the User reporting the violation and/or to a third party, or which falls under one of the categories specified in the first paragraph of this article. In this respect, the User should fully complete the form on the Website which is available by clicking on the "Report abuse button" and giving precise reasons for reporting the abuse and the grounds on which the contents should be removed.

By submitting a report, the User expressly acknowledges that Makers & Bankers have the right to carry out all verifications and to use the report when dealing with the author of the contents in question, in order to stop the reported abuse. Makers & Bankers could notably send said report to any competent person or authority with a view to stopping the alleged violation and enabling the compensation of the damage suffered. However, unless expressly requested to do so by a judicial or administrative authority, Makers & Bankers undertakes not to disclose the personal data of the User who reported the abuse.

First of all, following each report of abuse, while carrying out the necessary verifications, Makers & Bankers may withdraw, as a preventative measure, the offending project or contents, in the conditions indicated in the form.

Should the report of abuse be proven and confirmed, Makers & Bankers will automatically delete the account of the User in question; Any funds that may have been acquired by the latter in respect of the project in question, but which have not yet been paid to such User, will be removed from their account. Makers & Bankers also reserves the right to ask for compensation for the damage suffered due to the conduct of the User who has been reported.

In the event that a report of abuse is clearly untrue and/or made for the purpose of, or results in, harm to another User, Makers & Bankers may delete the account of the User who made the groundless report of abuse against the other User and the same conditions may apply as those set out in the previous paragraph, notably with regards to sums acquired.

ARTICLE 6. PROJECT FUNDING AND PAYMENT CONDITIONS

6.01 Project funding

Makers & Bankers offers two categories of projects, each with specific methods of funding. For each category, the flow of money is completely free and no interest will be deducted by Makers & Bankers.

1/ Private project: only the Bankers accepted into the Maker's circle of contacts will have the option of funding this type of project, through three methods of funding, i.e. no interest loans, a "tontine" and the "joint purchase" (fund-raising), as such terms and expressions as defined below.

  • "Loan": one or more Banker(s) offer to lend sums of money subject to certain repayment terms agreed by them. After negotiating and the agreement of all with regards to such terms, each Banker proceeds to pay their share in accordance with the terms set out in Article 6.02 below. A tool is available to the Maker on the Website which enables them to know the agreed schedule of repayments. The loans must be made free of charge between the Users.
  • "Tontine", several Users jointly lend a sum, which each repays in the order agreed by them in advance. Each member takes it in turn to be the person in charge, depending on the agreed repayments. This system relies on each member of the group's compliance with the payment and repayment rules.
  • "Joint purchase": several Users decide to participate in a project through a "joint purchase". The joint purchase is not required to correspond to the full fund-raising goal. The Users undertake to pay the sums which correspond to their undertaking before a certain cut-off date. If just one member of the group fails to pay, the Maker will repay the participation of each User and the joint purchase will be abandoned.

Each User will be responsible for complying with French regulations concerning loans between individuals (tax declarations for all loans > €760 ) and concerning acknowlegement of debt (obligatory and in writing for any loan > €1,500)

2/ Public project or crowdfunding: all Users can donate to a specific project and this may result in each Maker giving a fixed compensation or reward depending on the donation which is granted. Depending on the project and/or status of the Maker, the Banker may ask the Maker for a tax receipt which will enable them to benefit from a tax reduction in connection to the donation made. Makers & Bankers cannot issue tax receipts and does not guarantee in any way that a project is eligible for tax reductions.

The Website does not accept any other funding methods, and notably subscriptions to the capital of the Makers' companies.

The Maker alone decides the amount that they wish to raise in respect of their project. There are no limits on the sums received by the Maker, except if Makers & Bankers are obliged to apply a limit to the funds gathered, notably in the event of a change in the legal or statutory provisions. Once the fund-raising deadline has expired, the Maker can no longer receive payments and the purse will be considered closed, regardless of whether the fund-raising objective has been reached. Makers & Bankers provides a funded project monitoring tool to the Users, which enables them to follow the progress of the project and assist with the development of such project.

By participating in the funding of a project, the Banker expressly and unreservedly accepts that their screen name, as well as the amount and date of their contribution will be published on the Website.

6.02 Terms for the payment of sums

All the payments in respect of the projects presented on the Website are made via the secured payment platform, PayPal®, and subject to the fees which apply to this platform, available at the following address: https://www.paypal.com/uk/webapps/mpp/paypal-fees As a result, the sum paid by the Banker may differ from the sum which is actually added to the Maker's purse, depending on the application of the transaction fees and their deduction from the sums paid. Makers & Bankers encourage Users to have a PayPal® account prior to making any payments, so that the transfer of funds can be made free of charge. The bank account information of the Users are never provided to Makers & Bankers

The amounts are specified in Euros or any other currency accepted by PayPal® and include all taxes, as appropriate.

As soon as the payment has been validly made by a Banker through the PayPal® platform, the amount of the payment is credited to the Maker's purse. The Maker may use the funds prior to expiry of the fund-raising campaign period indicated on the Website.

The Maker may request that the sums be transferred onto their account in accordance with the payment terms set out in this Article, regardless of whether the funds collected have enabled them to meet their fund-raising objective in full.

Each User who has participated in a project, as Maker or Banker, will be informed, on their personal user account or by email, of all monetary transactions concerning the project, including, but not limited to, all payments by Bankers or all use of the funds by the Maker.

6.03 Cancellation

Any payment that is made by a Banker in respect of a project can be cancelled, provided the Maker has not already provided a compensation or reward to the Banker and as long as the fund-raising period has not expired. Any Banker who wishes to receive a refund must directly contact the Maker, who alone is responsible for the use of the funds raised and for any refunds.

In addition, in the event of cancellation at the Maker's initiative or if the project is not implemented the Bankers expressly acknowledge that they will not receive a refund of the funds paid.

ARTICLE 7. TERM

These GTCU are agreed for an indefinite period and apply to the User until completion of the Services by Makers & Bankers, until the User deactivates their account and/or the end of all consequences.

ARTICLE 8. CONFIDENTIALITY OF PERSONAL DATA

8.01 Personal data

The personal data provided by the User is intended for Makers & Bankers only. Makers & Bankers warrants that such personal data will not be reused for any purposes other than for the use of the Website.

Makers & Bankers directly collects from the User only the personal data strictly required for providing the Service. It notably collects, the data required for identification purposes when the User registers for the Website.

They are kept for a period compatible with the time required to process such data and/or to show that Makers & Bakers fully comply with their legal and contractual obligations.

For each field of data collected, the registration form specifies whether the data requested is obligatory or optional. In the event that the provision of data is obligatory, failure to provide such data will release Makers & Bankers from all liability relating to providing the Service.

The User must ensure that the information provided to Makers & Bakers, and especially their email address, is kept up to date. All or part of the data provided in the personal user account feed the Website.

Makers & Bankers undertakes to treat such personal data as confidential and to process the data in accordance with the French Data Protection Act ("loiInformatiqueetLibertés").

8.02 Feedback and comments

As part of improving the Service, Makers & Bankers may ask each User, after using the Service, to give feedback and comments through a questionnaire.

By replying to this questionnaire, the User expressly and unreservedly accepts that the contents of the questionnaire are not confidential and consents to it being published, in full or in part, on the Website, at Makers &Bankers's full discretion, so that it can be consulted by the public and other Users. Makers & Bankers deny all responsibility with regards to the contents that are published following the User's reply to the questionnaire.

Such contents may be published on the homepage of the Website, under the description of the recipe or in the section where the recipe was published, in the following format: first name or screen name, date and contents of the comments (in full or otherwise).

In accordance with the terms of article 8.04 below, the User has the right to access, modify, rectify and delete their personal data.

8.03 Newsletter

Makers & Bankers may issue a Newsletter relating to the Services which will contain the latest news and any Parter offers. The User will receive such Newsletter by email at the address used as their user id and will have the option of unsubscribing at any time using the hypertext link which appears at the bottom of each Newsletter.

8.04 Loi "Informatique et Libertés" (French Data Protection Act)

Pursuant to the legislation relating to Personal Data Processing (legislation n° 78-17 of 6th January 1978 relating to IT, data processing, files and individual liberties [the French Data Protection Act] as modified by the 6th August 2004 legislation n° 2004-801, and decree no 2005-1309 of 20th October 2005 implementing the 6th January 1978 legislation and according to the standards established and published by the relevant French national data protection authority) the User has the right to access, modify, rectify and delete their personal data which is processed by the Website, as well as the right to object to such data being provided to third parties for legitimate reasons.

The User may exercise the abovementioned rights by sending their request (indicating their email address, first name, surname and postal address), by email to the following address: "optin@makersbankers.com" or by recorded delivery letter to the registered office of Makers & Bankers.

The Website's data processing was the subject of Commission NationaleInformatiqueetLiberté (the French data protection agency) declaration number ______________.

Makers & Bankers will use this data to process and perform this agreement, including to implement the Services and to improve and personalise its communications, notably through information letters/ emails, and finally to personalise the Website according to the User's preferences.

Makers & Bankers may also provide consolidated statistics relating to the Users to various partners, however such statistics will contain no personal data.

Except with the User's prior and express consent, Makers & Bankers will not disclose the User's personal data to third parties, unless it is obliged to do so according to the regulations in force, inter alia at the request of the legal or administrative authorities who have authority to require this type of disclosure.

In addition, hypertext links may lead to the consultation of external websites managed by third parties. Makers & Bankers has no control over such websites and accepts no responsibility with regards to the contents thereof.

8.05 Cookies

By browsing the Website, you accept the use of cookies which are used for the sole purpose of facilitating digital communications. By accepting these GTCU, you also accept our use of analytic cookies.

Each browser has a different way of managing cookies and cookie settings. The configuration of your browser is described in its help menu which will inform you of how to change your cookie settings.

ARTICLE 9. LIABILITY

9.01 Disclaimer

Despite various developments and drafts on the matter, no strict legal framework for crowdfunding or for the platform status has been set by the legislator as at the date of acceptance of these GTCU by the User. The only regulations which apply are those which are specific to donations, loans and the acquisition of securities. Therefore, Makers & Bankers reserves the right to modify all or part of the Services of the Website, in order to comply with any legal provisions which may be adopted after these GTCU enter into force, which the User unreservedly accepts.

Moreover, as Makers & Bankers do not provide payment services and do not manage the different payments transmitted via its platform, it does not have the capacity of financial intermediary or investment services provider.

Makers & Bankers is a platform for exchanging and a social network for altruistic funding based on values of exchange and solidarity. Makers & Bankers guarantees, under no circumstances, the suitability, authenticity or usefulness of a project, the exchange of funds between Users or how the Maker uses such funds. For that reason Makers & Bankers draws the User's attention to the risks of project selection and the fact that following the loans, tontine, joint purchases or donations made by a Banker, the Maker may not be in a position to refund or provide the rewards and the Banker alone bears the risks and consequences thereof. Each Banker must act with full knowledge of the facts, having taken the time to judge the authenticity and feasibility of the project as well as the Maker's intended use of the funds paid.

Regardless of the type of crowdfunding selected by the Maker and the Banker, Makers & Bankers cannot be held liable in the event that the Banker does not pay, the Maker does not refund and/or in the absence of participations according to the rules of tontine or joint purchases.

In addition, Makers & Bankers are not liable in the event that the Maker does not provide the agreed compensation or reward to the Banker following their donation. All complaints in this respect should be made directly to the Maker.

Makers & Bankers cannot be held liable under any circumstances, in the event that the Maker uses the funds which were collected in respect of their project other than in relation to their project, Makers & Bankers cannot control how they use such funds.

9.02 Scope of application.

The User uses this Website and the Services which are available on the Website in a totally independent manner. No agency, de facto company, joint venture, or employment relationship is formed with Makers & Bankers as a result of the payments; Makers & Bankers simply act as managing intermediary for the platform.

Makers & Bankers will, under no circumstances, be held liable for the information or contents drafted by Users and published on the Website, either on the publicly accessible pages of the Website or on the different tools for exchanging and communicating which are available to every User, such as the "Messenger" (instant messenger service) or interest groups.

Makers & Bankers does not warrant that the Services will be free from defects or errors, nor that such errors or defects will be corrected, that the Services will operate without failure or interruption, or that it is compatible with any specific equipment or configuration.

Moreover, due to the characteristics and limits of the Internet, Makers & Bankers cannot be held liable inter alia for the following:

  • difficulties accessing the Website due to saturation of the Internet network;
  • contamination by virus of the User's data and/or software, the User bearing the responsibility for protecting the same;
  • any damage to the User's equipment;
  • interruption of the Services due to planned maintenance carried out by or on behalf of Makers & Bankers.

Makers & Bankers will not be liable for any damage resulting from the use of the Website and/or Services in conjunction with the software or equipment used by the User or any technical issues of the User on their IT system, for which they should subscribe to a maintenance contract

In addition, Makers & Bankers cannot be held liable in the event of loss (including loss of data) or damages which result from the User's addition of software(s), data or equipment of any kind to their mobile device, tablet and/or computer.

The Parties waive the right to take action for any indirect damages of any kind whatsoever, including, inter alia, operating losses, loss of income, increase in general costs, loss of profit or expected savings.

In any event, regardless of the nature or cause of an action by the User against Makers & Bankers, the amount claimed in compensation for damages may not exceed fifty percent (50%) of the total amount actually received by the user in respect of the Services during the year prior to taking action against Makers & Bankers.

Makers & Bankers has taken out insurance to cover the financial consequences of its civil liability for physical injury, material and/or immaterial damages caused to Users or third parties following breaches, errors, omissions or negligence committed when providing the Services.

ARTICLE 10. INTELLECTUAL PROPERTY

The User warrants to Makers & Bankers that they are the author of the texts, photographs, illustrations, marks, logos and/or artwork indicated or downloaded onto the Website, or that they hold all the intellectual property rights to such texts, photographs, illustrations, marks, logos and/or artwork, allowing them to be reproduced and used in the context of the Services. In such circumstances, the User holds Makers & Bankers harmless with regards to all judgements and judicial and extrajudicial costs which the latter may incur due to action brought by a third party on one of the grounds referred to in the preceding paragraphs and more generally due to the diffusion of the elements referred to above.

The User grants a right to Maker & Bankers to reproduce, publish, edit and use all the contents referred to above and which have been published and/or uploaded onto the Website, for advertising purposes or promoting the Services of the Website only, both in France and abroad and for as long as the current or future protection granted thereover continues in favour of the authors through contractual, legal or regulatory provisions.

In addition, Makers & Bankers denies all responsibility with regards to the texts, photographs and/or illustrations published on the Website and which may infringe rights held by third parties.

The Website, including the sections which appear on the Website, the software and software packages for their operation, the databases, texts, information, analysis, images, photographs (other than those provided by the Users), graphics and logos, sounds or any other data contained on the Website or generated by the Website, are software or artistic creations for which Makers & Bankers, or as appropriate, their partners (third parties hereto), hold all the intellectual property rights and/or exploitation rights, including, but not limited to, in respect of copyright, database rights or design rights.

They remain the sole property of Makers & Bankers, its representative or, if appropriate, the respective owners thereof with whom Makers & Bankers have entered into licensing agreements.

ARTICLE 11. RETENTION OF LOG IN DATA

The User is reminded that in its capacity as contents host, and pursuant to Article 6 of Law 2004-575 of 21 June 2004 on Confidence in the Digital Economy (LCEN) and its implementing decree n° 2011-219 of 25 February 2011, Makers & Bankers is obliged to: 1/ hold and retain data of a nature so as to enable any person contributing to the creation of contents diffused through the Website to be identified, it being possible for the legal authorities to require disclosure of such information; 2/ remove information that is stored or retained, or make it impossible to access them, as soon as Makers & Bankers becomes aware that they are patently unlawful.

ARTICLE 12. SEVERABILITY

If any of the clauses of the GTCU are deemed to be invalid, unenforceable or unwritten, this will shall not automatically affect the validity of the remainder hereof.

ARTICLE 13. COMPLAINTS

Any complaint which is not covered by Articles 5 and 9 above, should be sent to the customer services department of Makers & Bankers by recorded delivery letter, digital or otherwise, to the registered address or to the following email address: "support@makersbankers.com".

ARTICLE 14. APPLICABLE LAW AND JURISDICTION

The GTCU are to be governed by FRENCH LAW, without giving effect to any principles of conflicts of law, to the extent permitted under French law, in the event of any disputes, only the courts within the jurisdiction of the Paris Court of Appeal will have jurisdiction.