Current as of Nov 2024
Terms of Service
At SandWalk, we’re dedicated to creating an intuitive and transparent platform that serves both creators and supporters, ensuring a fair and rewarding experience for all. Our Terms of Service are designed to protect user rights, promote trust, and support a safe, collaborative community.
Introduction
Welcome to SandWalk! SandWalk SARL ("SandWalk," "we," "us", or "our") SandWalk is a platform that connects Backers and Creators, facilitating the development of products and services. By accessing or using our website at sandwalk.co ("Site") and our related services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). You’re also agreeing to our Privacy Policy and Cookie Policy and agreeing to follow any other rules on the Site, including our Community Guidelines.
Definitions
Backer means an individual or legal entity aiming to support Creators in the realization of their Projects. Campaign means a campaign with a limited timeline initiated by Creators on the Platform to attract support from Backers for their Projects. Community means a group of individuals or legal entities that share a similar passion, vision, or goal and that is primarily built by a Creator on the Platform. Contribution means an amount of money contributed by a Backer for a Project in consideration of a product or service that will be delivered in the future. Creator means an individual, a group of individuals, or legal entity looking to realize a Project. Packages means a bundle of services that Professional Service Providers create specifically for SandWalk Creators. Platform means the platform created by SandWalk to connect Creators with Backers and Service Providers Professional Service Provider means a freelancer or entity offering packages of services to the Creators that decide to contract with them through SandWalk. Project means an idea for a product or service that Creators aim to realize. SandWalk, We, Us, and Our refers to SandWalk SARL. Services refer to the related services offered by SandWalk. Site refers to the website sandwalk.co. Target Amount means the amount designated by a Creator on the Platform to be able to start executing their Project within the defined deadline. Terms refer to these terms of use. User means an individual or legal entity that opens an account on the Platform as a Backer or Creator or Service Provider. Visitor means any individual using the platform for information purposes. PSP means payment service provider that receives money from Backers to be disbursed to Creators through SandWalk.
What is SandWalk?
SandWalk is a platform that connects Backers and Creators, facilitating the development of products and services. Creators can showcase their Projects on the Platform through a Campaign, where Backers participate by providing financial support. In return, Backers gain exclusive early access to products and services, ahead of the general public, developed by a Campaign as a form of appreciation for their participation. SandWalk plays the role of an introducer and acts as an escrow service, securely holding the funds, until a Campaign has reached its Target Amount. Additionally, the Platform offers Creators the opportunity to engage with Professional Service Providers, who deliver a diverse range of support services through tailored packages.
User Eligibility
Age Requirement: Users must be at least 18 years old to use our Services. Geographic Restrictions: SandWalk operates primarily in Lebanon. Creators must be either citizens or residents of Lebanon. All Backers are allowed to back a Campaign provided they are able to transfer money through the designated PSP by the Platform.
Account Registration, Deletion and Termination
Account Creation: To access certain features and be able to interact with other Users on the Platform, you must register for an account. User Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify SandWalk immediately of any unauthorized use of your account. Know Your Customer (KYC) Compliance: Users are required to comply with all KYC obligations as mandated by the applicable laws and regulations. As part of this compliance, Users must provide accurate and regularly updated identification information, including but not limited to: Full legal name National ID or passport number Date of birth Residential address Contact information (phone number and email address) PSP account details Additional KYC obligations for companies: Articles of Association Certificate of incorporation Commercial Circular Certificate of registration before the Ministry of Finance SandWalk reserves the right to request additional documentation to verify the identity and legitimacy of Users, in accordance with the requirements of the applicable laws and regulations. Failure to provide the necessary information or to comply with these obligations may result in the suspension or termination of access to the account. The suspension or termination of access to an account does not eliminate the obligations of the Users towards one another, under those Terms. Account Deletion: You may delete your account at any time through your account settings, however, please be aware that doing so will not necessarily result in the automatic removal of content from the Platform. SandWalk reserves the right to retain certain information as needed for legitimate business purposes, including compliance with legal obligations and enforcement of our Terms. These Terms will continue to apply to your prior and ongoing use of the Platform, even after account deletion. For example, after launching a Campaign, deleting your account will not automatically remove a project or its associated content. Similarly, deleting your account after your Campaign was successfully funded will not eliminate your obligations to the Backers. Account Termination: SandWalk reserves the right to suspend or terminate your account if you violate the applicable laws and regulations, these Terms or if you engage in any unlawful activity.
Use of the Platform
Permitted Uses: You may use the Platform to create or back Campaigns, browse, and engage with Professional Service Providers, communicate with other users, and take part in community activities. Prohibited Conduct: You agree not to: Violate any local or international laws or regulations. Infringe or misappropriate the intellectual property rights of others. Engage in fraudulent, deceptive, or misleading practices. Harass, threaten, or abuse others. Post or transmit any harmful, offensive, or inappropriate content. Attempt to interfere with the proper functioning of the Platform.
How Campaigns Work
SandWalk provides a Platform for Creators to bring their Project to fruition through a Campaign directed at potential Backers. When a Creator achieves or surpasses its Target Amount, SandWalk releases the funds received by the Backers to such Creator. By accepting these Terms, Backers interested in a Project authorize and instruct SandWalk to release their contribution for a Project once the Campaign reaches its specified deadline. When a Creator launches a Campaign on SandWalk, they are extending an invitation to potential Backers to form a contractual relationship of which SandWalk is not a party. By supporting a Campaign, a Backer is entering into a direct agreement with a Creator, of which SandWalk is not a party.
Contributions
All-or-nothing Model: SandWalk operates on an all-or-nothing Contribution model. Campaigns must meet their Target Amount within the Campaign limited timeline to receive payment of Contributions. If a Campaign does not meet its Target Amount within the limited timeline, the Contributions already collected will not be released. Payment Processing: Payments are processed through SandWalk’s designated PSP. By backing a Campaign, you authorize SandWalk and its PSP to release your Contribution if the Campaign meets its Target Amount. Campaign and Backer Caps: There is a cap on the Target Amount, which is USD 19,999. Additionally, the maximum amount a Backer can contribute to a Campaign is USD 499 or 10% of the requested total funding needed (whichever is smallest). SandWalk Campaigns Fees: SandWalk charges a fee for its Services amounting to 6% of the Target Amount. This fee is deducted before Contributions are released and transferred to the Creator. These fees shall not be due to SandWalk unless the Target Amount is reached. Additional fees may be charged by PSP for checkout, cash disbursement, and collection on the PSP application. The collection of the Creator of the relevant Contributions may not be instantaneous, there could be a delay between the conclusion of a successful Campaign and the access to the Contributions.
Refund Policy
If a Campaign does not meet its Target Amount, the Contributions related to such Campaign, deposited in SandWalk’s PSP account shall be refunded to the Backers of such Campaign. For the avoidance of doubt, the relevant Creator has no right in such Contributions unless the Target Amount is reached, and therefore, releases and discharges SandWalk from any claim or demand related to these Contributions. Refunds by SandWalk are only possible prior to the releasing of Contributions for a Project in cases where the Campaign did not reach its Target Amount, or was withdrawn. As soon as the Target Amount requested by Creators for a Campaign has been met and the Creator is transferred this amount, Backers may resort to remedies outlined in their agreement with Creators to seek a refund.
Creators Rights and Obligations
As a Creator, you agree to: Provide any required documents related to your project, as deemed necessary by SandWalk to ensure proper due diligence, compliance, and verification of your Campaign. Ensure that all details shared about your Campaign, including descriptions, goals, timelines, and potential risks, are accurate, truthful, and comprehensive. This transparency is crucial for building trust with Backers and maintaining the integrity of the Platform. Take every necessary step to deliver the products or services outlined in your Campaign to the Backers once your Campaign reaches its Target Amount. This includes adhering to timelines and quality standards outlined in your Campaign. Engage in regular, honest, and clear communication with Backers regarding the progress of your Campaign. This includes promptly informing Backers of any significant changes, delays, or challenges that may impact the delivery of promised products or services. Creators are permitted to campaign for any product or service on the Platform, provided such Campaigns do not involve products or services prohibited by law. All products and services campaigned for must adhere to the relevant regulatory requirements, including but not limited to, industry-specific standards such as food safety, environmental regulations, and other applicable compliance standard. If a Creator is unable to complete their Projects, the Creator is required to identify an alternative way to satisfy the Backers and must include a refund policy in their agreements with the Backers. SandWalk is committed to ensuring a safe and secure environment for all Backers. Creators are required to provide accurate information about their Projects and adhere to all applicable laws and regulations related to consumer rights. In the event of misleading information, fraud, or failure to deliver the promised product or service, Backers, in addition to their rights and remedies provided for in their agreements with Creators and/or in the applicable laws, may report the issue to the Platform and SandWalk reserves the right to take appropriate action. Creators are bound by the Refund Policy found in these Terms and in their refund policies included in their agreements with the Backers.
Backers Rights and Obligations
Backing a Campaign: By backing a Campaign, you agree to provide Contributions to the Creator if the Campaign meets its Target Amount. You should review Campaign details before backing a Campaign. By thoroughly reviewing the Campaign details, you acknowledge that you are adequately informed about the Campaign and the product or service to be bought. Communication and Updates: Backers have the right to request reasonable updates and information from the Creator regarding the status of the Project, especially in the case of delays or changes to the expected timeline. Refunds: Backers have a right to refund as provided for in the Refund Policy found in these Terms and in their refund policies included in their agreements with the Creators.
Professional Service Providers
Professional Service Providers operate under the terms set forth in their agreement with SandWalk. They are also governed by the agreements established directly with Creators, ensuring that their services align with the expectations and requirements of both SandWalk and the Creator they support. SandWalk charges a variable fee for its Services, which is a percentage of the total price of the Package created by the Professional Service Provider in question. Additional fees may be charged by PSP for checkout, cash disbursement, and collection on the PSP application.
Limitation of Responsibility
We do not guarantee the products or services offered by Creators will meet the expectations or be satisfactory to the Backers. We are not responsible for ensuring the delivery timeline of any product or service and thus cannot guarantee any delivery date. Refunds can only be provided under the conditions expressly stated in these Terms; SandWalk does not guarantee refunds beyond these stipulations. We do not have a fiduciary duty to any User. We do not supervise, monitor, or manage the performance of Projects. We do not mediate or resolve disputes between Users. We do not endorse, support, or take responsibility for any Project featured on the Platform. All participation is at the discretion of the Users.
Intellectual Property
Ownership: Creators retain ownership of their Campaign content, including text, images, videos, and other materials. By using the Platform, you grant SandWalk a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Platform and SandWalk’s business. User-Generated Content: Users are responsible for ensuring they have the necessary rights to upload and share content on SandWalk. SandWalk is not liable for any claims arising from user-generated content.
Privacy Policy
Data Collection: SandWalk collects personal data as described in our Privacy Policy, which is incorporated by reference into these Terms. Data Use: Collected data is used to operate and improve the Platform, and for other purposes as outlined in the Privacy Policy. User Rights: Users have rights regarding their data, including the rights to access, correct, and delete their personal information. For more information, please refer to our Privacy Policy.
Disclaimers and Limitation of Liability
Warranties: SandWalk provides the Platform "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Limited Liability: SandWalk is not liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Platform or inability to access or use the Platform.
Indemnification
You agree to indemnify, defend, and hold harmless SandWalk, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Platform, your violation of these Terms, or your violation of any rights of another.
Modification of Terms
16.1 Right to Amend: SandWalk reserves the right to modify these Terms at any time. When we do, we will post the revised Terms on the Site and update the "Last Updated" date at the top of the Terms 16.2 Notification of Changes: We will provide notice of significant changes to these Terms, such as by email or through the Platform. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes.
Governing Law and Jurisdiction
Applicable Law: These Terms are governed by and construed in accordance with Lebanese Law. Dispute Resolution: Any dispute arising out of or relating to these Terms or the use of the Platform will be resolved by the Lebanese courts in accordance with Lebanese law.
Miscellaneous
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. Waivers: Any waiver of these Terms must be in writing and signed by SandWalk. Failure to enforce any provision of these Terms will not constitute a waiver of that provision.
Confidential Information Exchange
Property of SandWalk: All information submitted to SandWalk, including messages, becomes the property of SandWalk. This information may be used by SandWalk for Platform operation, improvement, and other purposes as outlined in our Privacy Policy. User Responsibility: Any Creator or Backer requesting to contact another Creator or Backer outside of SandWalk does so at their own risk. Users are solely responsible for conducting any necessary legal, accounting, or due diligence review before exchanging confidential information. No Confidential Information Through the Platform: Users should not send any confidential information through the SandWalk Platform. SandWalk is not liable for any loss or misuse of information that is submitted through the Platform. Alternative Methods for Confidential Exchanges: Users are encouraged to use SandWalk's system to make initial contact with other members. For any confidential information exchanges, users should continue communication through their own secure and private methods.
Contact Information
For any questions or support, please contact us at: Email: [support@sandwalk.co] Address: SandWalk SARL, Addliyeh, Beirut, Corniche Pierre Gemayel, Pearl building, 5th floor.