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TERMS OF USE

Welcome to www.springs15.com, the website including any mobile applications (the “Platform”) of Springs15.

These terms (“Terms of Use”) govern your visit and use of the Platform and form a binding agreement between the Platform and yourself.


The following definitions and interpretation apply to the Terms of Use:

(i) Backer: A User of the Platform who pledges money on a Project being launched on the Platform and either receives a Reward for contributing or enjoys the pre-ordered final Outcome of a Project after its successful completion.

(ii) Creator: A User of the Platform who wishes to launch an inventive and original Project to gather potential customers.

(iii) Target Budget: The total amount of funds needed to implement a Project.

(iv) Project: The Creator’s plan to introduce and launch their original idea in one of the following categories: Arts & Crafts, Beauty, Design, Fashion, Film & Photography, Food, Fitness, Technology, Games, Kids, K-pop, Music, Pets, Publishing, Travel, or Events.

(v) Fixed Project: is based on an ‘All-or-Nothing’ concept, where Creators receive the funds and are charged a platform fee only if the Target Budget reaches 100% completion within 15 days.

(vi) Flexible Project: is based on checkpoints, where the Target Budget is divided into four stages, each lasting 15 days. During Stage 1, the Target Budget must reach a checkpoint of 25% or more to be considered successful and proceed to the next stage. For Stages 2, 3, and 4 the checkpoints are 50% or more, 75% or more, and 100% or more, reaching a maximum Project duration of 60 days. At each of the four checkpoints, Creators have the option to stop or proceed to the next stage and are charged a platform fee.

(vii) Outcome: The pre-ordered final result and purpose of a Project ranging from physical goods to (virtual) events, experiences, and similar.

(viii) Reward: The pre-ordered item, which differs from the Project’s final Outcome but helps contribute to the Target Budget and purpose of the Project.

(ix) Us/our/we: refers to the Platform domiciled in the United Arab Emirates and its affiliates, subsidiaries, and related entities.

(x) User/you/your/ (or a similar reference): refers to you as the user of the Platform, as a Creator, a Backer or a visitor. By visiting the Platform, you confirm that you are at least eighteen (18) years of age and you provide unconditional consent to the Terms of Use. This Platform is not directed for children under the age of 18. Nevertheless, if a minor wishes to access the Platform for any purpose whatsoever, we reserve the right to ask for additional permissions and consents from the parent of the User. For the purpose of this Platform, minor refers to any User under the age of 18 years. The aforementioned permissions and consents may change from time to time, at our discretion. Please be aware that your current and future use of the Platform is subject to the Terms of Use. Therefore, we urge you to read this document thoroughly. This Agreement applies to all Users of the Platform including but not limited to Creators, Backers, and visitors. Should you disagree to be bound by the Terms of Use, please do not use the Platform in any way.


TERMS OF SERVICE:

Springs15 is a test bed where Creators and Backers interact online to turn an original idea into reality. As a Creator, you can launch your project on the Platform and get connected to ‘Backers’ or supporters who find your Project attractive, exciting, and are willing to pre-purchase it on the Platform. The Project must be uploaded on the Platform exclusively. A Creator is not permitted to upload the Project or any part of, such as the product, design, packing material etc. on any other similar platform. The Platform reserves the right to delist the Project at any time, at its discretion, should the Creator be in breach of this clause. The Platform does not manufacture or provide any projects listed on the Platform. We may include a personal statement of appreciation for any Project, however, such statements shall not be construed as warranty, guarantee, certification, approval, confirmation or vetting of any type. Thus, you are completely responsible for your own review and due diligence of projects enlisted on the Platform. We do not make any guarantees or representations about the quality, timeliness, safety or delivery of any product and you are requested to undertake your own due diligence prior to investing anything into the projects or transacting on the Platform and in this respect, you agree that we are relieved and indemnified from any issues or claims between you or Creators or Backers of the Platform.


REGISTRATION:

In consideration of your use of the Platform, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Arab Emirates or other applicable jurisdiction. Creators are required to create a Project Page on the Platform to be able to register for funding. As a seller of goods in the UAE, Creators are required to acquire an E-trader license. The Platform reserves the right to reject the registration of any Creator after verification of relevant licenses. Unlicensed Creators may use Springs15’s license, upon which a higher platform fee will be applied. Food-related businesses require additional permits, which can also be provided through Springs15. However, upon individual discussion and agreement, different fees shall be added and adjusted according to the Creator’s needs. Backers are required to sign up on the Platform as well to become registered Users. This process requires you to disclose basic personal information such as name, email id, phone number and a private password in return for a fixed subscription on the Platform (“Registration”). Creators and Backers shall be able to communicate with one another on the Platform via the comment section or ‘ask creator’ feature, which shall direct them to an email pop-up without disclosing respective email ids for the duration of the Project.

The Registration request is subject to our approval. You agree to provide accurate and complete information at Registration. The Platform reserves the right (at any time and without reason, advance notice, limitation or liability) to terminate your account or restrict your access to the Platform and to decline your Registration at its sole discretion. Each registration is valid for a single User and is non-transferable unless authorized by the Platform. You are solely responsible for the type and level of disclosures of information you make to the Platform or to other Creators or Backers you meet through the Platform. Our commitment to confidentiality is in accordance with our Privacy Policy. The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your User account.

The Platform shall not engage with any individual, User or entity that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. We shall not provide services or products to any of the OFAC (Office of Foreign Assets Control) sanctioned countries, in accordance with the law of UAE. Kindly refrain from using the Platform if you fall under any of these categories. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the laws of the United Arab Emirates.


SITE ACCESS:

The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non- transferable license to:

(i) access and use the Platform solely in connection with its indicated use; and

(ii) access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any right thatis not expressly granted in these Terms of Use, is reserved by us.

The license we grant you prevents you to download or modify any content, or any portion of it, except with prior written consent from us. The license does not include any use of robots, data mining or similar data gathering and extraction tools; any derivative use of the Platform or any resale or commercial use of the Platform. You are not permitted to transfer viruses, trojans or other features that may contaminate the Platform. You are not permitted to make any false, fraudulent or speculative reservation or post, transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane material or content that may constitute or encourage a criminal or civil offence or otherwise violate any law. You are not permitted to copy, reproduce, duplicate, resell or transfer content of the Platform for any commercial purpose without prior written consent from the Platform. You hold responsibility to be fully aware of the laws that govern your relationship with the Platform.


ONLINE COMMUNICATION:

The Platform engages with registered Users on the website via notices, or via emails in the nature of receipts, advertisements and other details relevant to the Registration and use of the Platform. You consent to all electronic communication between us. Backers are free to communicate with Creators or other Backers via the comment section or ‘ask creator’ feature where the message is emailed to the Creator, without disclose of either of the email ids used, for the duration of a Project. Creators may also connect with other Creators on the Platform and build a collaborative community. We are under no obligation to review the content being shared in these mediums and assume no responsibility or liability for the content. Notwithstanding the above, the Platform has discretion to delete or decline any message exchanged between a Creator and Backer, between Backers, or between Creators. Any unlawful, harmful, threatening, abusive, defamatory, harassing, vulgar, profane, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

LIMITATION OF LIABILITY: 

You understand all aspects of all details provided on the Platform are not intended to be legal, financial, technical, medical, economical or professional advice of any kind, each of which are subject to further terms and conditions; thus, you are advised to read the specific terms or conditions of each, carefully. The Platform holds no liability to you for any direct, indirect, special, exemplary, incidental or consequential damages, including but not limited to, software glitches, inaccurate pricing due human or technical errors; damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Platform. Taking into account the above mentioned exclusion of liability, in case any liability is established by an entity with jurisdiction in accordance with these Terms of Use, in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the value of the specific product, to which any liability relates. 


PLATFORM PAYMENTS: 

Backers can pledge money on their preferred Project by sharing their credit card details on the Platform. At such point, the card is only blocked for the amount pledged. In case of supporting a Fixed Project, the credit card shall not be charged until 100% of the Target Budget for that Project is achieved, within 15 days. In case of supporting a Flexible Project, the credit card shall not be charged until either 25% or more (Stage 1), 50% or more (Stage 2), 75% or more (Stage 3), or 100% or more (Stage 4) of the Target Budget is achieved, depending on which of the four stages the money is pledged in. All credit card details and personally identifiable information will not be stored, sold, shared, rented or leased to third parties. It is the Backer’s responsibility to check with their bank for any additional service charge, loyalty or convenience, finance, foreign exchange or other charges, prior to making a purchase on the Platform. Neither the Platform, nor the Owner shall be held responsible or liable for any excess charges made by banks to your credit card. 

If the project fails to reach the Target Budget at any stage, then within 5-7 working days (or longer, depending on the cardholder’s bank) all scheduled credit card transactions shall be cancelled and the Backer’s card shall no longer be blocked for the pledged amount. If the project successfully achieves its Target Budget at any stage, then the pledged amount is charged on the Backer’s credit card and an invoice is sent to them by email. The product is shipped to the Backer upon completion of Project. The pledged amount is inclusive of shipping charges, applicable VAT and other applicable charges and taxes. Should a project reach the pledged target and the Creator receives surplus money from other Backers, it is the Creator’s responsibility to notify these Backers and manage the surplus funds provided by them. The Platform does not take liability for the management of funds, it only provides a payment gateway for successful transactions. 


SHIPPING: 

The Platform holds no responsibility whatsoever for the shipment of products to the Backers. The Platform may share details of preferred logistics partners with the Creators, however, it is at the Creators’ discretion to partner with them. As soon as a project is successful, the Platform reserves the right to remove itself from the process to follow. The Creator shall connect with the Backers directly via email, which shall then be made available by the Platform. 


REFUNDS, RETURNS, AND CANCELLATION: 

Once the money is pledged, there is no option to cancel, return, or request a refund through the Platform. Backers should carefully select the project they want to back and decide on the Reward they want to purchase. Once the purchase is made, it cannot be undone. Upon receiving the Reward, a request for refund or return shall be directed to the Creator only and it is at the Creator’s discretion to honor the request. Depending on the reason for return/refund a fee may be applied. The Platform shall hold no responsibility for any such refund or cancellation requests. 


THIRD-PARTY SITES: 

The Platform may include advertisements with external links on separate web pages (“Third Party Sites”). Once you click or access these Third-Party Sites, you will leave the Platform. We do not investigate, review, endorse, represent or control the content of any Third Party Sites, unless otherwise expressly stated in the Terms of Use. We are not responsible or accountable for the content displayed on Third Party Sites. You will access and use these Third Party Sites at your sole risk and liability. You also agree not to link any other site or Third Party Sites to the Platform without our express prior written consent and approval. The Third-Party Sites may select and deliver (separate and unrelated to this Platform) ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about you and your online activities, either on the Platform or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. We do not have access to or control over, the information that Third Party Sites may collect. The information practices of these third parties or Third Party Sites are not covered in these Terms of Use or Privacy Policy. 


FEES AND ACCOUNTS:

Creators are responsible for ensuring they are familiar with the Platform fees before listing a product for sale. A User fee is collected from the Creator once their Project achieves the Target Budget. In case of a Fixed Project, which follows an ‘All-or-Nothing’ concept, the platform fee is deducted only when the Target Budget reaches 100% completion within 15 days. In case of a Flexible Project, the platform fee is deducted only after successfully reaching the checkpoint of each stage. A Flexible Project consists of four stages, each stage lasting 15 days. During Stage 1, the platform fee is deducted only when the Target Budget reaches the checkpoint of 25% or more. During Stage 2, the checkpoint is 50% or more. During Stage 3, the checkpoint is 75% or more. During Stage 4, the checkpoint is 100% or more. The Creator is free to stop or proceed at any of the checkpoints. The User fee consists of a platform fee and payment and remittance processing fee. If the Creator uses their own license, then the applicable platform fee is 12%. Unlicensed Creators may utilize Springs15’s license at a higher platform fee of 15%. The fee shall be deducted before we release the funds to the Creator’s bank account, details of which are collected at the time of Registration. We reserve the right to alter any of our fees at any time. You will be notified of any changes to the fees by email. 


SUBMISSIONS ON THE PLATFORM:

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address [email protected] Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We shall be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by users on the Platform does not constitute our opinion or advice, and the information provided should not be used or acted upon without consulting a qualified advisor. We do not ascertain the validity of posts or ratings submitted by Users. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material. 


INTELLECTUAL PROPERTY:

The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, software, logos, text, arrangements and layouts are our sole and exclusive property, or are licensed to us and all rights are reserved, and are protected by international copyright laws. All trademarks and trade names including ‘Springs15’ and ‘The Sehee Company’, and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorized by us, and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent. 


SURVIVABILITY:

If a court in the United Arab Emirates finds any part of the Terms of Use unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in effect to the fullest extent permissible by the applicable laws. 


AMENDMENT:

We reserve the right to change any content on the Platform without any prior notice. The most recent version of the Terms of Use will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use. 


NOTICES OR COMMUNICATION:

Any notices or communication under the Terms of Use may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at [email protected] 


GOVERNING LAW AND JURISDICTION:

By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the United Arab Emirates over the Terms of Use and any dispute over the content of the Platform shall be subject to the exclusive jurisdiction of three (3) arbitrators under the rules of the DIFC-LCIA with the seat in Dubai, United Arab Emirates irrespective of your geographical location, in the English language. 


TERMINATION:

We reserve the right to cancel or block access to this Platform in respect of any User(s) at any time without notice. We also reserve the right at any time, and for any reason to terminate this agreement in respect of any User(s) upon written notice by email. You may terminate your agreement with us by sending us written notice and discontinuing your use of the Platform or by only discontinuing use of the Platform. Termination of the agreement between us in these Terms of Use does not affect either party’s accrued rights or liabilities prior to the date of termination.

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