Terms and Conditions
Halley is a fundraising platform that allows anyone to create campaigns and raise money for causes, goods and events.
Halley does not acquire any rights on the proposed campaigns, does not promote the campaigns, does not distribute anything. Consequently, Halley does not undertake any guarantee with regard to the campaigns created on the platform, and does not bear any liability thereof; Halley is just a provider of services both for the campaign owners and for those who wish to pledge them.
If you want to make a pledge for a campaign, you will be guided in the funding and in the agreement with the proponent of the Campaign.
There will be no contractual relationship between Halley and Funders; there will indeed be contracts only between the Funder and the campaign owner. Funding a Campaign means and implies full acceptance of the terms and conditions offered by the campaign owner, in the version in force at the time of funding.
For Campaign Owners
This Agreement sets forth the legally binding terms and conditions for the use of the service at www.halley.is (the Portal) operated by FolkFunding srl. By using the Service, the subject (the Proposer) who wants to propose a fundraising campaign (the Campaign) agrees to be bound by this Agreement.
1. By registering on the website www.halley.is (hereinafter the Portal), the Proposer accepts Halley service; registration means creating an account. Any registered Proposer may use the Portal to present his own Campaign under one of the models described herein below.
WARNING: in order to preserve the interest of all users and funders (the Funder/s), Halley reserves the right to suspend or discontinue an account and/or a Campaign at their discretion, would any abuse or violation of the Portal policies occur.
2. The Proposer is identified as a natural person, corporation or other entity. The Proposer represents and warrants that he/she is an individual of age, able to act, fully empowered.
3. The Proposer shall publish the Campaign on the Portal using only uploading forms offered by the Portal.
The Proposer agrees to upload only files and documents free of viruses, and in any case unsuitable to compromise in any way the Portal’s hardware or software.
The Proposer agrees to upload only lawful pictures and/or videos, consistent to and descriptive of the Campaign, without connotations of political and religious propaganda, immoral, violent or pornographic content.
The Proposer agrees to upload only images and/or videos whose rights he/she legally owns or which use is free of rights and whose use does not anyhow infringe or is suitable to infringe any third party’s rights.
The Proposer acknowledges and guarantees that the Campaign does not imply and is not suitable to imply any act of unfair competition against third parties.
The Proposer agrees not to publish contents, data or information suitable to infringe rights or interests of third parties.
The Proposer is solely responsible for any files, images and content published and expressly releases Halley from any liability with regard to the legality, ownership, affordability and convenience of the Campaign.
4. The Proposer is strictly forbidden to offer sale, lease, donation or brokerage of goods or services in the following areas:
- drugs and healthcare
- gambling or betting
- tobacco and cigarettes
- weapons of any kinds and accessories thereof
- securities or currencies
- products or services likely to violate law, regulations or administrative provisions
- dangerous products or services
- products or services that infringe third party intellectual property
- products or services whose distribution is subject to administrative authorizations or licenses of any kind
- venture capital.
Halley reserves the right to refuse, suspend or discontinue the publication of the Campaign, in any further case in which the products or services offered by the Proposer are not compatible with Halley image or reputation.
5. By creating the Campaign, the Proposer choses one of the following options:
A) RAISE MONEY FOR A CAUSE
B) SELL SOMETHING
Depending on the option chosen the Proposer states the targeted amount of money (Budget), the duration of the campaign (Timing) and any reward (Reward) offered to the Funders.
6. Funders will provide funds through the payment services offered by the Payment Service Provider, in compliance with any existing regulations. In this respect, therefore, the Proposer releases Halley from any and all liability thereof.
The Payment Service Provider will withhold a fee for the service, according to its current policies and contract terms. Therefore, the Proposer will receive funds net of that fee.
Where Halley service is subject to a fee, the Payment Service Provider shall also withhold that amount on each payment made by Funders on behalf of Halley.
Therefore, funds received by the Proposer will be always net of Payment Service Provider’s and Halley’s fees, for which the Proposer shall be duly invoiced.
7. The Proposer may offer Rewards for funding.
Such Rewards might be symbolic or emotional or otherwise items or services whose nominal value is not higher than the financial support received. In no event shall Rewards be either money or goods and services referred to in art. 4.
The offer of Rewards makes crowdfunding subject to the regulation of the donation set forth by art. 793 of the Italian Civil Code. Therefore, the Proposer acknowledges that he/she will comply with the offer to deliver any reward within the limits of the value of the financing received.
8. The Campaign shall clearly define the type and average quality of Rewards; when Rewards are clothes, available sizes and colors must be clearly indicated.
The Proposer undertakes to duly fulfill any commitment concerning Rewards and to provide Rewards whose quality shall be not less then what offered in the Campaign.
The promise of Rewards must not be misleading, spurious, false or impossible.
Unless otherwise and clearly stated in the Campaign, the Proposer undertakes to promptly deliver Rewards to Funders in compliance with the deadlines published in the Campaign.
9. Instead of Rewards, the Proposer is allowed to offer a future good or service as a consideration for funding, being a not yet existing good or service, whose production will start after the collection of a minimum number of orders, specifically indicated by the Proposer. The achievement of such goal is therefore a condition precedent that suspends the effectiveness of the offer.
Upon the occurrence of the afore said condition precedent, the Proposer must take any proper step to start without delay any necessary operations to ensure that the promised consideration comes into existence.
The Proposer agrees to use any funds collected through the crowdfunding exclusively for the realization of the good or service; only residual funds might be devoted to different purposes after all the orders have been attended.
Regardless what stated in art. 1472 of the Italian Civil Code, the Funder does net get the property of the goods or services when they come into existence, but when they are delivered to the address indicated by the Funder, so that any delivery risk is borne by the Proposer.
10. The Proposer undertakes to adopt the standard Halley Terms and Conditions in his/her relationships with the Funders. Any different regulation must be approved in writing by Halley, except for agreements concluded outside the Portal, without any Halley involvement.
Halley reserves the right to modify their services or the conditions under which services are being provided, under a fifteen days notice.
The Proposer acknowledges that the collection of equity (so-called Equity Crowdfunding) is subject to a specific regulation and that Equity Crowdfunding on the Portal is strictly forbidden.
11. The Proposer bears any and all responsibility concerning accounting, tax, invoicing of goods or services or any other administrative burden, releasing Halley from any and all liability thereof. Halley will ensure the proper billing of their own services.
12. Halley reserves the right to change without notice layout, graphics, sizes, colors of the Portal and the pages on which the Campaign is presented.
Halley reserves the right to insert, add, edit, and otherwise manage free spaces of these pages, adding, lifting, stacking information, communications and any content deemed appropriate.
13. The Proposer is the sole owner of contents and media used to publish and promote the Campaign on Halley (images, video, etc.). Halley is entitled to use information and data about the campaign and the news published on the Portal, keeping them available to the portal community.
14. This contract is subject to the Italian jurisdiction.
Agreement between Proposer and Funder
1. This contract is made between the Funder, that is the subject who decides to financially support a campaign, and the Proposer, who created the campaign. Terms and conditions herein set forth apply to the crowdfunding campaign (the Campaign) presented on www.halley.is and to the whole funding process. This contract is automatically executed as soon as the Funder pledges the Campaign providing funds to support it. Being just the manager and owner of the platform www.halley.is, FolkFunding s.r.l. is not a party to this contract, but a simple introducer and contact facilitator between the parties of the contract.
2. The contract between the Funder and the Proposer is executed as of the payment of a pledge for the Campaign and it is subject to the following Terms and Conditions.
3. The Funder acknowledges that, prior to the conclusion of this contract, he/she has received in a clear and understandable way the following information, duly published in the Campaign page:
- identity and address of the Proposer (name, organization, registration number, any economic activity code, REA, Companies Register Number, further elements of identification, any supervisory authority, VAT number or tax identification number or equivalent , e-mail);
- features of the Campaign;
- amount of money that the Proposer wants to collect (Budget);
- duration or term of the Campaign (Timing);
- any reward or goods or services offered to funders .
- the total price including all fees and taxes and any costs of delivery, where the financing is solicited as a consideration for goods or services;
- any terms concerning payment, delivery or provision of services and any other form of execution of the contract;
- the existence of a withdrawal right or its exclusion, pursuant to Article 55 , paragraph 2, of the Italian Consumer Code, and the return policy ;
- the minimum duration of the contract, in case of supply of products or provision of services to be performed permanently or recurrently.
4. This contract is subject to one of the following legal frameworks under Italian law, depending on the content of the Campaign:
- donation of modest value, based on the economic conditions of the donor;
- modal donation, of small value, based on the economic conditions of the donor, if the Proposer undertakes to grant the supporter a reward;
- sale of future goods or services, would the Proposer offer goods or services as a consideration for the pledge received.
5. The Proposer represents and warrants that he/she has carefully and diligently verified the feasibility and economic viability of the Campaign and undertakes to allocate any and all funds received by the Funders, net fees and commissions, exclusively for the implementation of the Campaign, performing in good faith in order to achieve the best goal.
6. The Proposer agrees to provide any reward promised to the Funders within the time indicated in the Campaign, and in any case he/she is obliged to provide the Funders with the promised reward of quality and features at least of the same quality as promised in the Campaign.
7. Funders will incur no additional cost to receive the reward promised by the Proposer.
8. Funders have the right to terminate this Agreement under the provisions of the Italian Consumer Code, unless goods and services indicated in art. 55 of the Consumer Code are involved, and in particular:
- food and beverage;
- accommodation, transport, catering or leisure services for a specific date or a specific period.
- services whose performance begun before the expiry of the withdrawal period, in agreement with the Funder;
- goods made to measure or clearly personalized or which, by their nature, can not be returned or could deteriorate or expire rapidly;
- audiovisual or computer software, whose packaging has been open by the Funder;
- newspaper and magazines.
9. Any request concerning the obligations of the Proposer and the rights of the Funders based on the Consumer Code shall be addressed to the Proposer directly.
10. Any documentation about the contractual relationship will be stored by the Proposer in digital format. Any data provided by the Funder in electronic format may be modified or updated by inquiring at the e-mail address of the Proposer.
The Funder consents to the processing of his/her own personal data in accordance with local regulations.