In these T&C’s the following expressions have meaning as follows:
(i) Project Owners refers to the Users who are raising funds;
(ii) Campaigns means Users’ fundraising campaigns;
(iii) Donors are users contributing donations or supporters or backers ;
(iv) Users shall refer to Project Owners, Donors and any other visitors of the website.
By using Trackage Scheme website (the “Site”) and services (referred to as “Trackage Scheme,” “we,” or “us”), you are agreeing to these legally binding rules (the “Terms”).
Sections A, B, E, F, G, H, I, J, K, L, M, N, O shall apply to all Users including Project Owners and Donors.
Section C shall be applicable to Donors.
Section D shall be applicable to Project Owners.
A. Setting up an Account
Trackage Scheme can be browsed without registering for an account; however some of Trackage Scheme’s functions require registration. To sign up for an account, you need to be at least 18 years old. An identification document may be requested for proof of age. Register by choosing an account name, and set a password or by logging in using your Facebook login. Ensure that the information you give us is accurate and complete. Impersonating anyone else or choosing names that are offensive or that violate the rights of others may lead to the cancellation of your account.
As a User you are responsible for all the activity on the account, and for keeping your password confidential. If someone has used your account without your permission, you should report it to email@example.com
Trackage Scheme provides a funding platform for projects. When a Project Owner posts a project on Trackage Scheme, they are inviting the public to support their project. Users who support a project by donating are accepting the Project Owners’ offer.
Whilst Trackage Scheme is not a party to the agreement between the Project Owners and the Donors, the following terms must rule that agreement:
(i) Trackage Scheme will take a donation approach and therefore donations will be still be transferred to the Project Owner should a project not meet its funding targets.
(ii) Once the Campaign is complete and funds are transferred to the Project Owner, the Project Owners may decide to refund a donation, however a donation can never and under no circumstances be refunded by Trackage Scheme once a campaign is complete.
(iii) When a project is successfully funded, the project owner must complete the project and fulfil each reward. Once a project owner has done so, they have satisfied their obligation to their donors.
(iv) Project owners owe their donors a high standard of effort, honest communication, and a dedication to bringing the project to life.
(v) Donors are aware that there may be changes or delays, and there might be certain circumstances that prevent the Project Owner from being able to finish the project as promised. Provided that Project Owners must make every reasonable effort to conclude projects. A project owner in this position has only remedied the situation and met their obligations to donors if:
they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned; they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that is communicated to donors; they are able to demonstrate that they have used funds appropriately and made every reasonable effort to complete the project as promised; they have been honest, and have made no material misrepresentations in their communication to donors; and they offer to return any remaining funds to donors who have not received their reward (in proportion to the amounts donated), or else explain how those funds will be used to complete the project in some alternate form.
Donors are aware that they are giving a donation and a reward might not be given. Trackage Scheme strongly encourages you to donate within your budget. Once you give a donation, Trackage Scheme will charge your card. Trackage Scheme and its payment partners will authorise your credit for the full donation, at the time of donation in order to collect the funds.
Trackage Scheme partners with other companies for payment processing. When you donate to or create a project, you are also agreeing to the payment processor’s terms of service.
You can change or cancel your donation at any time before the project’s funding deadline. During the last 48hrs of the campaign, you can’t decrease or cancel your pledge without contacting customer support first (firstname.lastname@example.org). Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the Project Owner.
The estimated delivery date is the Project owners’ estimate of when they will provide the reward — not a guarantee to fulfil by that date. The schedule may change as the project owner works on the project. We ask project owners to think carefully, set a date they feel confident they can work toward, and communicate with donors about any changes.
Trackage Scheme does not offer refunds following the successful conclusion of a campaign, the responsibility for finishing a project lies entirely with the project owner. Trackage Scheme does not hold funds on project owners’ behalf and cannot guarantee that the project will be completed and rewards given
D. Terms applicable to Project Owners
Project Owners shall endeavour to present honest and accurate project applications.
Acceptance of projects is solely and exclusively Trackage Scheme’s exclusive right and the Project Owners are aware that Trackage Scheme reserves the right to refuse a Project for any reason whatsoever including: illegal or prohibited rewards and or Projects such as:
i. Any medical treatment, processes or methods.
ii. Contests, coupons, gambling, and raffles.
iii. Plants, animals or genetically modified organisms.
iv. Energy food and drinks, alcohol, tobacco, drugs.
v. Offensive material including pornographic material.
vi. Offering financial, money-processing, or credit services; financial intermediaries or cash-equivalent instruments; travel services; phone services and business marketing services.
vii. Political fundraising.
viii. Resale. All rewards must have been produced or designed by the project or one of its creators.
ix. Weapons, replicas of weapons, and weapon accessories.
Trackage Scheme also reserves the right to cancel a campaign should it have any reason to believe that the Project Owners are acting in any manner illegal or immoral. Projects could take one to two weeks to be reviewed if not of a technical nature, whilst technical projects may take some more time if experts in the field need to be involved in the review of such projects. Provided that there could be delays due to unforeseeable circumstances.
Following the conclusion of a project, Project Owner can decide to refund individual donations.
Trackage Scheme and its payment partners will subtract fees before transmitting the proceeds of a campaign. The Project Owners acknowledge that there might be a delay between the end of a successful campaign and your access to the funds.
E. Users’ Obligations
Users agree that they shall:
not post false, misleading, or inaccurate information or carry out any deceptive or fraudulent acts.
not offer any rewards that are illegal, violate any of Trackage Scheme’s policies, rules, or guidelines, or violate any applicable laws.
not do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, or invasive of another person’s privacy.
not distribute unsolicited or unauthorised advertising or promotional material, or any junk mail, spam, or chain letters including run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
not distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site
not abuse other users’ personal information.
not interfere with the proper workings of the Services.
not bypass any measures we have put in place to secure the Services.
not try to damage or get unauthorised access to any system, data, password, or other information, whether it belongs to Trackage Scheme or another party.
not take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers.
not use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
not take apart or reverse engineer any aspect of Trackage Scheme in an effort to access things like source code, underlying ideas, or algorithms.
not to engage in practices of a questionable nature, including online or business activities that may damage or otherwise adversely affect the reputation of Trackage Scheme.
F. Our Fees
We charge 5% + VAT, in addition to any fees from our payments partners. Fees are only charged on successfully funded projects. Nonetheless Trackage Scheme retains the right to amend its policy including the right to charge fees at any time.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we will announce that on our Site. Some funds pledged by backers will be paid directly to the project owner. Trackage Scheme is not responsible for the performance of payment gateways.
You are responsible for paying any additional taxes if applicable associated with your use of Trackage Scheme.
G. Other Websites
Trackage Scheme may contain links to other websites. (For e.g project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We do not control or endorse those sites.
H. Users’ Intellectual Property
Trackage Scheme does not own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our services. When you submit a project for review, or launch a project, you agree to these terms:
You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable right to use, exercise, commercialise, and exploit the intellectual property rights with respect to your Content.
You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
Unless you have the appropriate permissions, do not submit Content which will contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material.
You will pay all royalties and other amounts owed to any person or entity based on your Content.
You warrant that if we use your Content, we are not violating anyone’s rights or copyrights.
You are responsible for the Content you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
Trackage Scheme will not be liable for any errors or omissions in any content.
I. Trackage Scheme’s Intellectual Property
You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Trackage Scheme grants you a license to reproduce content from the Services for personal use only. This license covers both Trackage Scheme’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Trackage Scheme or the relevant copyright holder.
Users undertake not to issue any press release or make any official announcements to the public containing the names or logos of Trackage Scheme, without first obtaining the written agreement of Trackage Scheme.
J. Confidentiality & Privacy
By using Trackage Scheme especially if you create a successful project — you may receive confidential information about other users. This information is provided for the purpose of participating in a Trackage Scheme project and confidentiality shall be strictly adhered to by all Users.
By opening an account with Trackage Scheme, the Users authorise Trackage Scheme to process the data contained in this form for the scope of services provided by Trackage Scheme.
These Terms and Conditions shall be construed in line with the Data Protection Act, Chapter 440 of the Laws of Malta. Therefore the information gathered, used, processed is limited to the scope of the services provided by Trackage Scheme. In this respect Trackage Scheme undertakes in respect of all Personal Data that it Processes that at all times:
(I) it shall only Process such Personal Data for the purposes of providing its services and it shall not transfer, or purport to transfer, control of such Personal Data to a third party except to the Project Owners and when required by law or by an competent authority.
(II) it shall keep Personal Data logically separate to data Processed on behalf of any other third party;
(III) it shall not Process, apply or use the Personal Data for any purpose other than as required to provide the services;
(IV) upon termination a project, the Personal Data shall be destroyed along with any medium or document containing Personal Data;
(V) it maintains and shall continue to maintain appropriate and sufficient technical and organisational security measures to protect such Personal Data or information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access
Users have the right to request access to their personal data as well as the right to rectify and where applicable, erase any inaccurate, incomplete or immaterial personal data processed by Trackage Scheme.
K. Deleting Your Account
These Terms shall remain applicable until the conclusion of a campaign. Once the campaign is concluded and the money is transferred to the Project Owner, these Terms shall have no further effect.
You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you have already submitted to the Site.
Failure to comply with any of the clauses of this Terms and Conditions, or gross misconduct, including but not limited to the violation of any laws and regulations, may result in immediate termination of the account of the User by Trackage Scheme.
L. Trackage Scheme’s Rights
Trackage Scheme reserves these rights:
We can make changes to the Trackage Scheme Site and Services without notice or liability.
We have the right to decide who is eligible to use Trackage Scheme at our full discretion. We can cancel accounts or decline to offer our Services with immediate effect. We can change our eligibility criteria at any time.
We have the right to cancel any pledge to any project, at any time and for any reason.
We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Trackage Scheme is not liable for any damages as a result of any of these actions.
M. Warranties and Liabilities
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied. Trackage Scheme does not supervise or follow up the Projects’ performance including adherence to the timeline of the Projects and we do not act as mediators in disputes between Users and/or with third parties.
Trackage Scheme is not liable for any damages or losses related to your use of the Services. We do not endorse any content users submit to the Site. When you use the Services, you release Trackage Scheme from claims, damages, and demands of any matter whatsoever — 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 are solely responsible for any resulting damage or loss to any party.
Trackage Scheme SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Trackage Scheme SHALL CREATE ANY WARRANTY.
To the fullest extent permitted by law, in no event will Trackage Scheme, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Trackage Scheme be liable for damages.
Users hereby represent and warrant that they have all requisite legal power and authority to enter into and abide by this Terms and Conditions and that no further authorization or approval is necessary. Users further represent and warrant that their participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which they are a party.
Users hereby represent and warrant that neither they, nor any of their subsidiary companies/employees/members of their group are engaged in any money laundering activities and/or any other illicit activity or practice. In the event that the Users are accused of any such activity, Trackage Scheme shall have the right to terminate this Terms and Conditions by means of a written notification and sent by electronic mail which termination shall have immediate effect.
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses that arise from or relate to your use or misuse of Trackage Scheme. We reserve the right to assume the exclusive defence 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 defences.
These Terms & Conditions are final and binding upon the Users.
This Agreement shall be governed in accordance with the laws of Malta.
The Parties hereby undertake and agree that any dispute, controversy or claim which they may have under or relating to this Agreement which shall not be possible to resolve amicably, shall be referred to the Malta Centre for Arbitration for resolution in accordance with the Arbitration Act, Chapter 387 of the Laws of Malta.
By opening up an account, I represent that I have read and agree to be bound by these Terms and Conditions in their entirety, and that I understand and agree to abide by the terms herein.