Terms and conditions

Kapipal.com Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY KAPIPAL INC., A US BASED COMPANY (“COMPANY” OR “KAPIPAL). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.kapipal.com (THE “SITE”) AND THE SERVICE OWNED AND OPERATED BY COMPANY (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which term also incorporates the Privacy Policy available at http://kapipal.com/privacy, and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

This Agreement may be amended, modified, or deleted at any time with or without notice to you at the sole discretion of Kapipal. In the event there is a material change made to this Agreement, we will use commercially reasonable efforts to notify you of the change, provided that you have a workable email address in our system. Whether or not the change is material is within the sole discretion of Kapipal.

Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use (except with respect to users listing projects as authorized through the Service). You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
  • impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Registration

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and email address (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Projects: Fund-Raising

Kapipal.com (“Kapipal”) is a venue for fund-raising. Kapipal allows certain users (“Kapipalists”) to list pages (“Projects”) and raise funds from other users (“Contributors”). All funds are collected for Kapipalists by payment service providers. We use Stripe and Paypal as our payment service providers. Kapipalist are required to set up their payment services in order to receive money they are raising. Payment services or Kapipal cannot guarantee to delivery of the payments made  if payment services are not set up properly by Kapipalist. 

Kapipal shall not be liable for your interactions with any organizations and/or individuals found on or through the Kapipal service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on Kapipal. Kapipal does not oversee the performance or punctuality of projects. Kapipal is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Kapipal is under no obligation to become involved in disputes between Contributors and Kapipalists, or between site members and any third party. In the event of a dispute, you release Kapipal, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Though Kapipal cannot be held liable for the actions of a Kapipalist, Kapipalists are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project they create. Kapipal reserves the right to cancel a project listing at any time for any reason. Kapipal reserves the right to remove a project listing from public listings for any reason.

Kapipal makes no guarantees regarding the performance or fairness of its payment service providers. Additionally, because of occasional failures of some credit cards, Kapipal cannot guarantee the full receipt of the targeted amount.

Kapipalist shall have full responsibility for applicable taxes for all Project Funding paid to you under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker’s compensation insurance coverage requirements.

Kapipalist may offer non-monetary rewards for Contributions (“Rewards”), provided that the offering of such Reward is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement.

Kapipal does not guarantee that any Project’s Goal will be met. Any Rewards offered to you are between you and the Kapipalist only, and Kapipal does not guarantee that Rewards will be delivered or satisfactory to you. Kapipal does not warrant the use of any Project Funding or the outcome of any Project.

Contributions to Projects are nonrefundable. Kapipalists may initiate refunds at their own discretion. Kapipal is not responsible for issuing refunds for funds that have been collected by Kapipalists. You acknowledge and agree that all your Contributions are between you, the Kapipalist, and its payment service providers only, and that Kapipal is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to payment service providers.

Kapipal reserves the right to cancel, interrupt or suspend a listing at any time for any reason.

Kapipal makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.

Fees

For projects launched on or after 1 December 2014, Kapipal will charge a 4% service fee on funds raised by Kapipalists on Kapipal platforms.  

Payment processing services for users on Kapipal are provided by Stripe and Paypal. This may vary by country.

Payments processed by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Kapipal, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kapipal enabling payment processing services through Stripe, you agree to provide Kapipal accurate and complete information about you and your business, and you authorize Kapipal to share it and transaction information related to your use of the payment processing services provided by Stripe.

Stripe will have additional processing fees: Their service fee depends on your location and is added to Kapipal’s service fee.

US Users ONLY: Stripe charges a fee of 2.9% AND 30c per transaction. Read Stripe’s Terms & Conditions.

CA Users ONLY: Stripe charges a fee of 2.9% AND 30c per transaction. Read Stripe’s Terms & Conditions.

UK Users ONLY: Stripe charges a fee of 2.4% AND 24p per transaction. Read Stripe’s Terms & Conditions.

AU Users ONLY: Stripe will charge 1.75% + 30¢ for domestic cards and 2.9% + 30¢ for American Express or international cards per donation. Read Stripe’s Terms & Conditions.

BE Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

CH Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

DE Users ONLY: Stripe will charge 2.9% + 20c per donation. Read Stripe’s Terms & Conditions.

ES Users ONLY: Stripe will charge 2.9% + 20c per donation. Read Stripe’s Terms & Conditions.

IE Users ONLY: Stripe will charge 2.4% + 24c + VAT per donation. Read Stripe’s Terms & Conditions.

FI Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

FR Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

IT Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

AT Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

LU Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

NL Users ONLY: Stripe will charge 2.9% + 30c per donation. Read Stripe’s Terms & Conditions.

Kapipal is not the same company as Stripe and its fees and commissions are subject to change without notice from us.

Payments processed by Paypal. Paypal’s fees vary depending on your PayPal account type and location. For example, fees for American accounts are 2.9% + $0.30 per transaction. Fees for accounts located in other countries are 3.9% transaction fee plus a fixed fee based on currency received. For more information, visit PayPal

Using Paypal Adaptive as a payment gateway includes some restrictions.

Maximum donations value is $2000 (USD)

Maximum project value is $50,000 (USD)

Number of  projects per fundraiser at one time: 2

Number of projects per fundraiser per year: 4

Number  of payments per donor per project: 4

Third Party Site

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Content and License

You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Copyright and Trademark Infringements

Kapipal respects the intellectual property of others, and we ask you to do the same. Kapipal may, in appropriate circumstances and at our discretion, terminate or suspend service and/or access to the Service or Restricted Areas of the Service to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Service, please provide Kapipal’s copyright agent the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kapipal to locate the material.
  4. Information reasonably sufficient to permit Kapipal to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Kapipal’s agent for notice of claims of copyright or trademark infringement on this Service can be reached by the web page http://kapipal.com/contact.

Your use of this Service, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Kapipal, and they may include inaccuracies or typographical errors. Kapipal does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Service. Kapipal has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Kapipal or our licensors.

Intellectual Property Rights – Kapipalists

The Service provides you with the ability upload your content to the Site. Company will not have any ownership rights in your content, however, Company needs the following license to perform the Service. You hereby grant to Company the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.

You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Service or the Company’s Hosting of the content as contemplated by these Terms of Use.

To enable Company to Host your content pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service.

Intellectual Property Rights – Users

The Service may provide users with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:

  • acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your nickname or User ID in association with any such User Submission;
  • by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;
  • you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
  • that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  • understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Termination

Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

KAPIPAL DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SERVICE, AND THE SITE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. KAPIPAL CANNOT ENSURE THAT FILES CONTAINED OR DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. KAPIPAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAPIPAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Kapipal disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Kapipal users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site and our Service. Kapipal is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Kapipal at http://www.kapipal.com/abuse. Kapipal may investigate the claim and take appropriate action, at its sole discretion.

Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL KAPIPAL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF KAPIPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

International

Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery/Notice Policy and Your Consent

By using the Services, you consent to receive from KAPIPAL all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Contract Notices”) electronically. KAPIPAL may provide such electronic Contract Notices by posting them on the KAPIPAL Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the KAPIPAL Site and Services.

Integration and Severability

The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

This Agreement represents the entire and integrated agreement between you and Kapipal regarding the subject matter hereof. The Terms and Conditions of the Site and the Privacy Policy are incorporated herein by reference. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

Governing Law

By visiting or using the Web Site and/or the Services, you agree that the laws of Hong Kong, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. In any action incurred to enforce this Agreement or defend Service provided according to the Agreement, the prevailing party shall be entitled to reasonable attorney’s fees.

This Agreement may be amended, modified, or deleted at any time with or without notice to you at the sole discretion of Kapipal. In the event there is a material change made to this Agreement, we will use commercially reasonable efforts to notify you of the change, provided that you have a workable email address in our system. Whether or not the change is material is within the sole discretion of Kapipal.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THESE TERMS BETWEEN YOU AND KAPIPAL WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND KAPIPAL RELATING TO THE SUBJECT MATTER OF THESE TERMS.

Should you have any questions concerning these Terms, please email Kapipal at support@kapipal.com

Last edited: February 2015

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