Terms of Use
TERMS OF USE
The website Koalect.com is managed by Koalect NV, located at Picard straat 7, bus 100, 1000 Brussel, registered with the Belgian Crossroads Bank for Enterprises under number 0564.791.903.
Opening hours: Mon, Tue, Wed, Thu & Fri (8:30 AM to 6:00 PM)
Contact phone number: +32 (0)2 808 60 70
Contact email: hello@koalect.com
1. PURPOSE AND ACCEPTANCE
1.1 These terms of use govern access to and use of the Website, the products, and services of Koalect.com.
1.2 Any person who visits the Website for information without having an account is considered a Visitor.
1.3 Any person who interacts with the Website and has an account is considered a User.
1.4 By accessing or using the products or services, the User agrees to be bound by these terms.
1.5 Additional contractual terms may apply to Users who are part of Partner Organizations.
2. ACCESS AND USE OF THE SERVICE
2.1 Koalect is designed as a tool for managing fundraising projects (crowdfunding) and as a platform to find ideas and partners for project execution (crowdsourcing).
2.2 A distinction must be made between Koalect, the company providing and managing the Platform’s technical aspects, and the Koalect Customer who manages the fundraising themselves. These terms govern technical interaction with the Platform. They may be supplemented by general terms and a privacy policy specific to the Customer, which govern the contractual relationship between the Customer and the User.
2.3 Koalect acts on behalf of its Customer, except when a technical necessity or legal obligation requires it to act on its own initiative.
2.4 Access to the website is only permitted upon acceptance of these terms of use.
2.5 Koalect reserves the right to modify these terms at any time. In the event of a significant change, the User will be notified via email.
2.6 All additional rules and guidelines are an integral part of these terms of use. Users are encouraged to regularly consult the most recent version of these terms, which will always be available on the Website.
3. REGISTRATION OBLIGATION
3.1 If the User chooses to create an account on the Website, they agree to provide truthful, accurate, up-to-date, and complete personal information. If they choose a username or other identification code for their account or page, Koalect reserves the right to remove or recover it if the identification code is deemed inappropriate.
3.2 The registration data and certain other information about the User are subject to the Privacy Policy, which the User accepts.
3.3 Minors under the age of 13 are not allowed to use Koalect, whether registered or not.
3.4 Minors under the age of 13 may only use the service with the consent of the person exercising parental authority.
3.5 The User is responsible for the accuracy and currency of the information provided when creating or managing an Account.
3.6 The User is responsible for the security and confidentiality of their Accounts, devices, passwords, and connections. The User also takes responsibility for any activity carried out from or through their Account.
3.7 The User shall not create more than one Account and agrees not to create a new one if the first one is removed by Koalect, regardless of the reason for the removal, without having obtained prior consent from Koalect.
4. CONTENT OF THE SITE
4.1 Koalect is always only committed to a best-effort obligation.
4.2 The elements, services, and features provided by Koalect to the User must be used in accordance with the given instructions and documentation.
4.3 The User acknowledges that the features offered by Koalect may change, meaning that certain functionalities may be removed and others added, without the User having acquired a right to access a specific feature or set of features.
5. USER CONTENT
5.1 Koalect reserves the right to deny access to the Platform, close an Account, or remove content if a User violates any applicable law or any provision of these Terms.
5.2 The User uses the Software as a responsible party, complying with these terms, laws, and good conduct. Koalect disclaims any liability for improper use or use contrary to the intended purpose of the service.
5.3 The User agrees not to distribute illegal or fraudulent information, or information that is contrary to public order or harms the rights of third parties, when using the Software. Since the content shared on the platform is not subject to prior control, Koalect cannot be held liable. However, Koalect will make every effort to remove manifestly illegal content brought to its attention, subject to referral to the competent authorities.
6. USER RIGHTS
6.1 The User grants Koalect the right, free of charge, to use and reproduce all information provided by the User, even if it contains elements protected by intellectual or industrial property rights.
6.2 To carry out these tasks, the User grants Koalect a specific license for this content.
6.3 More generally, the User grants Koalect the right to access the data in order to perform maintenance and/or support activities.
6.4 Koalect will seek the User’s consent for any commercial use.
6.5 It is strictly prohibited for other Users to copy any content of another User without permission.
7. COMMERCIAL USE AND ADVERTISING
7.1 Koalect is intended for fundraising projects that raise money through community support.
7.2 The User guarantees compliance with advertising laws related to their operations and agrees not to engage in unsolicited, unauthorized advertising or other forms of spam, chain mail, pyramid schemes, prohibited contests, or any other form of unwanted solicitation.
7.3 The use of the platform for advertising or offering goods or services for commercial purposes without Koalect’s permission is prohibited.
7.4 Koalect reserves the right to promote events, activities, brands, etc., related to customers or partners.
8. SECURITY
8.1 Koalect secures the content and accounts of Users but cannot guarantee that unauthorized third parties will not bypass the security measures.
8.2 The User must immediately notify Koalect of any unauthorized transactions or use of their account by unauthorized parties.
9. THIRD-PARTY LINKS, SITES, AND SERVICES
9.1 The website and services may contain links to third-party sites, advertisers, services, special offers, or other events or activities not controlled by Koalect. Koalect assumes no responsibility for these third-party sites, information, materials, products, or services.
9.2 If the User views a third-party website, service, or content through Koalect, they do so at their own risk, and it is agreed that Koalect has no liability arising from the use or access to any third-party website, service, or content.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Platform, its graphical interface, logo, source code, texts, images, associated databases, software libraries, etc., are protected by intellectual property rights owned by Koalect or covered by business secrets owned by Koalect.
10.2 The Platform may also display logos, texts, images, databases, applications, etc., protected by intellectual property rights owned by the Customer or covered by business secrets owned by the Customer.
10.3 Unless explicitly permitted by Koalect and/or the Customer and/or the relevant third party, the User is not allowed to modify, reproduce, rent, lend, sell, distribute, or create derivative works from elements displayed on the site. The User may not (and may not permit others to) copy, modify, create derivative works, reverse-engineer, or attempt to decompile the source code in any manner, or sell, license, sublicense, or transfer any rights related to the Website and/or its content.
11. PAYMENT SERVICE
11.1 For the security of electronic transfers of funds and proper execution of payment instructions, only the financial institutions managing these transfers are responsible.
11.2 The User understands and agrees that Koalect cannot assume more obligations than those undertaken by the provider of payment services. The User must review the terms and conditions (https://mangopay.com/terms-and-conditions/payment-services) and liability limitations applicable to the payment services they use.
11.3 Koalect cannot be held liable for any damages resulting from errors, omissions, failures, dysfunctions, or wrongful actions related to these payment services that cannot be directly attributed to Koalect.
11.4 The User must review the terms and conditions and liability limitations applicable to the payment services they use.
11.5 Koalect cannot be held liable in the event of fraudulent use of the payment methods provided to the User.
12. GENERAL PROVISIONS
12.1 These Terms constitute the entire agreement between the Parties and supersede all prior communications and agreements relating to the subject matter.
12.2 If any provision of these terms is declared unlawful, invalid, or unenforceable by any applicable law or court decision, that provision shall be deemed severed from these terms, without affecting the legality, validity, or enforceability of the remaining provisions.
12.3 Each Party will make every effort to negotiate in good faith a valid replacement provision that, to the extent possible, preserves the economic balance and intent of the Parties as expressed in the removed provision.
12.4 The non-exercise or delay in the exercise of any right or remedy under these Terms or by law shall not constitute a waiver of that right or remedy and shall not prevent or limit the future exercise thereof.
13. APPLICABLE LAW AND COMPETENT COURT
13.1 These Terms are governed exclusively by and interpreted in accordance with Belgian law.
13.2 The Parties will always attempt to resolve any dispute amicably.
13.3 If this is not possible, any dispute between the parties arising out of or related to these Terms shall be exclusively settled by the courts of Walloon Brabant – Nivelles Division.
13.4 The procedural language is French.
VARIANT FOR THE TEXT IN DUTCH:
13.5 If this is not possible, any dispute between the parties arising out of or related to these Terms shall be exclusively settled by the Dutch-speaking courts of Brussels.
13.6 The procedural language is Dutch.