Legal
Welcome to My Business Shower, a crowdfunding platform dedicated to supporting entrepreneurs and innovative projects. By accessing or using our website (the "Site") and services (the "Services"), you agree to comply with and be bound by the following terms and conditions of use (the "Terms"). Please read these Terms carefully before using our Site or Services.
1. Acceptance of Terms
By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Site or use the Services.
2. Description of Services
My Business Shower provides a platform for individuals to create virtual business showers, share their entrepreneurial stories, and receive funding from friends, family, and other backers. We facilitate the crowdfunding process and ensure the security of contributions made through our platform.
Virtual Business Showers:
At My Business Shower, users can create virtual business showers, which serve as personalised fundraising campaigns for their entrepreneurial endeavours. Users have the flexibility to customise their business showers with compelling narratives, images, and videos to effectively communicate their vision and goals to potential backers.
Entrepreneurial Storytelling:
We believe in the power of storytelling to inspire action and drive engagement. Through our platform, users can share their entrepreneurial journey, highlighting their passion, expertise, and unique value proposition. By crafting authentic and compelling narratives, users can connect with potential backers on a personal level, fostering trust and credibility.
Fundraising:
My Business Shower facilitates the crowdfunding process, enabling users to receive financial support from backers who believe in their vision and want to contribute to their success. Backers can make donations directly through our platform, and all contributions are securely processed to ensure the safety and integrity of the fundraising process.
Security:
The security of our users' contributions is paramount. We employ advanced encryption and security protocols to safeguard sensitive financial information and protect against unauthorised access or fraudulent activity. Our platform complies with industry standards and best practices to provide users with peace of mind when making donations.
3. Payment Specifications
At My Business Shower, we strive to maintain transparency and clarity regarding the financial aspects of our platform. When you make a donation through our platform, it's important to understand the breakdown of the total payment. Here's a detailed explanation of our payment specifications:
Specified Amount:
The specified amount refers to the donation amount that you choose to contribute to a particular project or business venture. This amount is entirely determined by you, the donor, and can vary depending on your willingness to support the project.
Website Fee:
In addition to the specified amount, a 3% website fee is applied to every donation made through our platform. This fee helps cover the operational costs associated with maintaining and running My Business Shower, including website development, maintenance, and customer support services.
Transaction Fee:
Along with the website fee, a transaction fee of £0.27 is also included in the total payment. This fee is charged to cover the expenses incurred during the transaction process, such as payment processing fees and transaction handling costs.
Total Payment:
When you donate through our platform, the total payment is calculated by adding the specified amount, the website fee (3% of the specified amount), and the transaction fee (£0.27). For example, if you choose to donate £5, the total payment would be £5.42 (£5 + £0.15 website fee + £0.27 transaction fee).
Secure Payment Processing:
It's essential to note that all payments made through our platform are processed securely. We utilise advanced encryption technology and adhere to strict security protocols to ensure the confidentiality and integrity of your financial transactions. Your payment information is encrypted and securely transmitted to prevent unauthorised access or interception by third parties.
4. Donation Process
Non-refundable Donations:
At My Business Shower, we prioritise the integrity of our crowdfunding process. Therefore, donations made through our platform are non-refundable. Once a donor completes a donation transaction, it cannot be reversed or refunded. This policy ensures that donors contribute confidently, understanding that their support is final and impactful.
Secure Holding of Funds:
Upon making a donation, the contributed funds are securely held by My Business Shower until the recipient initiates a withdrawal request. Our platform implements robust security measures to safeguard all contributions, ensuring that they are safely stored until they are ready to be transferred to the intended recipient. This secure holding period provides peace of mind to donors, assuring them that their contributions are protected until they are utilised for their intended purpose.
Recipient's PayPal Account:
To receive donations, recipients must provide their PayPal account information. My Business Shower facilitates the transfer of funds to the recipient's PayPal account upon request. Additionally, donors have the option to pay via PayPal, ensuring a seamless transaction process. However, it's important to note that My Business Shower is not responsible for any fees or charges imposed by PayPal during the transaction process. Recipients should ensure that they have a valid PayPal account and are aware of any associated fees or charges.
Withdrawal Process:
Upon the recipient's request for withdrawal, they will have a designated time frame of 48 hours to provide their PayPal account information. This timeframe allows recipients to promptly receive their funds once they initiate the withdrawal process. Once the recipient submits their PayPal account details, the funds will be transferred from My Business Shower to the recipient's PayPal account within this 48-hour window. This streamlined withdrawal process ensures efficient and timely delivery of funds to the intended recipient, enabling them to access the contributions made by generous donors.
5. Use of Funds
Purpose of Funds:
Recipients acknowledge and agree that the funds received through My Business Shower are intended solely for the purpose of launching or supporting their business ventures. These funds are generously contributed by backers who believe in the recipient's entrepreneurial vision and are committed to helping them succeed. Recipients are obligated to utilise the donated funds responsibly and in alignment with the goals and objectives outlined in their business shower campaign.
Responsibility and Accountability:
It is paramount for recipients to exercise responsible stewardship over the funds entrusted to them by backers. Recipients must ensure that every expenditure is directly related to advancing their business initiatives and achieving the milestones outlined in their campaign. This includes but is not limited to expenses such as product development, marketing efforts, operational costs, and other business-related expenditures.
Ethical Utilisation:
Recipients are expected to use the donated funds ethically and transparently, adhering to the highest standards of integrity and accountability. Any deviation from the intended use of funds, such as diverting them for personal gain or unrelated expenses, is strictly prohibited and constitutes a breach of trust with backers. My Business Shower reserves the right to take appropriate action, including but not limited to account suspension or legal recourse, against recipients found to have misused or misappropriated donated funds.
Accountability to Backers:
Recipients understand that they must maintain open communication with their backers regarding the progress of their business ventures and the utilisation of funds. Transparency and accountability foster trust and confidence among backers, ensuring ongoing support for the recipient's entrepreneurial journey. Recipients should provide regular updates and reports on the status of their projects, including financial statements and key performance indicators, to keep backers informed and engaged.
Compliance with Regulations:
Recipients are responsible for ensuring compliance with all applicable laws, regulations, and industry standards governing the use of funds in their jurisdiction. This includes tax obligations, regulatory requirements, and any other legal considerations related to fundraising and business operations. My Business Shower encourages recipients to seek professional advice and guidance to ensure full compliance with relevant laws and regulations.
Commitment to Ethical Conduct:
My Business Shower is committed to upholding the highest standards of ethical conduct and integrity in all aspects of its operations. We expect recipients to share this commitment and conduct themselves with honesty, transparency, and accountability in their interactions with backers and the broader community. By adhering to these principles, recipients can inspire trust and confidence among backers, fostering a supportive and collaborative environment for entrepreneurial success.
Enforcement of Guidelines:
My Business Shower reserves the right to monitor and enforce compliance with these guidelines to ensure the responsible and ethical use of donated funds. Recipients found to have violated these guidelines may be subject to disciplinary action, including but not limited to account suspension, forfeiture of funds, and legal consequences. Our priority is to protect the interests of our backers and uphold the integrity of our platform, ensuring a positive and rewarding experience for all stakeholders involved.
Continued Support:
My Business Shower remains committed to supporting recipients throughout their entrepreneurial journey, providing guidance, resources, and encouragement to help them succeed. We believe in the transformative power of entrepreneurship and are dedicated to empowering individuals to turn their business dreams into reality. Together, we can create a vibrant ecosystem where innovative ideas thrive, businesses flourish, and dreams take flight.
6. Intellectual Property
a. All content and materials on the Site, including but not limited to text, graphics, logos, images, and software, are the property of My Business Shower or its licensors and are protected by copyright, trademark, and other intellectual property laws of the United Kingdom and other applicable jurisdictions. You agree not to reproduce, distribute, modify, transmit, display, perform, or otherwise use any content or materials from the Site without the prior written consent of My Business Shower or the respective rights holder.
b. Any unauthorised use of the content or materials on the Site may violate copyright, trademark, and other laws and may result in legal action.
7. Indemnity and Release
Indemnity:
By using the My Business Shower website and services, you agree to indemnify, defend, and hold harmless My Business Shower, its affiliates, partners, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your use of the website or services, your violation of these Terms of Use, or your violation of any rights of any other person or entity.
Release:
You hereby release My Business Shower, its affiliates, partners, directors, officers, employees, agents, and licensors from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between users, including disputes related to donations, crowdfunding campaigns, or any other interactions facilitated by the My Business Shower platform. This release includes, without limitation, claims arising out of or related to the conduct of users, including any interactions, disputes, or transactions between users of the website.
8. Disclaimer of Warranties
No Warranty:
The My Business Shower website and services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. My Business Shower disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Use at Your Own Risk:
You acknowledge and agree that your use of the My Business Shower website and services is at your sole risk. My Business Shower does not warrant that the website or services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. My Business Shower does not make any warranties or representations about the accuracy, completeness, reliability, or timeliness of the content or information provided on the website or through the services.
No Guarantee of Results:
My Business Shower does not guarantee the success, efficacy, or outcome of any crowdfunding campaigns, projects, or endeavours launched or supported through its platform. The success of crowdfunding campaigns depends on various factors beyond our control, including market conditions, user engagement, and the quality of the project itself. Therefore, My Business Shower makes no representations or warranties regarding the success, profitability, or viability of any crowdfunding campaigns or projects featured on its platform.
No Endorsement:
My Business Shower does not endorse, warrant, or guarantee the accuracy, reliability, or quality of any content, products, services, or information provided by users or third parties on the website or through the services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are those of the respective author(s) or distributor(s) and not necessarily those of My Business Shower.
Third-Party Links:
My Business Shower may contain links to third-party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by My Business Shower of the content, products, services, or information provided on such third-party websites or resources. My Business Shower is not responsible for the content or practices of third-party websites or resources and disclaims any liability for any damages or losses arising from your use of or reliance on such third-party websites or resources.
No Legal Advice:
The information provided on the My Business Shower website or through its services is for general informational purposes only and does not constitute legal, financial, or professional advice. You acknowledge and agree that My Business Shower is not engaged in rendering legal, financial, or professional services or advice and that any reliance on the information provided on the website or through the services is at your own risk.
Limitation of Liability:
In no event shall My Business Shower, its affiliates, partners, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising out of or in connection with your use of the website or services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if My Business Shower has been advised of the possibility of such damages. The aggregate liability of My Business Shower and its affiliates, partners, directors, officers, employees, agents, and licensors for all claims arising out of or related to these Terms of Use or your use of the website or services shall not exceed the amount paid by you, if any, to My Business Shower for access to or use of the website or services during the twelve (12) months immediately preceding the event giving rise to such liability.
Exclusions:
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, the liability of My Business Shower and its affiliates, partners, directors, officers, employees, agents, and licensors shall be limited to the fullest extent permitted by law.
No Guarantees:
My Business Shower makes no guarantees or assurances regarding the accuracy, completeness, or reliability of any information, content, or materials provided on the website or through the services. You acknowledge and agree that any reliance on such information, content, or materials is at your own risk.
No Liability for User Conduct:
My Business Shower shall not be liable for any conduct of users or third parties on the website or through the services. You acknowledge and agree that My Business Shower does not control or endorse the content, messages, or information provided by users or third parties and disclaims any liability for such content, messages, or information.
User Responsibility:
You acknowledge and agree that you are solely responsible for your interactions with other users of the website or services. My Business Shower shall not be liable for any disputes, claims, or damages arising out of or in connection with such interactions. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet offline or in person.
These disclaimers and limitations of liability are applicable to the fullest extent permitted by law and are intended to be enforceable to the maximum extent possible under applicable law. If any provision of these disclaimers and limitations of liability is found to be unenforceable or invalid under any applicable law, such provision shall be limited or eliminated to the minimum extent necessary so that these disclaimers and limitations of liability shall otherwise remain in full force, and effect.
9. Dispute Resolution
Negotiation and Informal Resolution:
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Use, your use of the My Business Shower website or services, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Dispute"), you agree to first attempt to resolve the Dispute informally by contacting My Business Shower directly at the email address provided in the "Contact Us" section of these Terms. We will make good faith efforts to resolve the Dispute amicably within a reasonable timeframe.
Governing Law and Jurisdiction: If the Dispute cannot be resolved informally as provided above, you agree that any legal action, suit, or proceeding arising out of or relating to these Terms of Use, your use of the My Business Shower website or services, or the Dispute itself shall be brought exclusively in the courts of the United Kingdom. You hereby irrevocably submit to the exclusive jurisdiction of such courts for any such legal action, suit, or proceeding and waive any objection to the venue of any such action, suit, or proceeding in such courts.
Waiver of Jury Trial: You acknowledge and agree that you and My Business Shower are each waiving the right to a trial by jury in any court for any Dispute. This waiver constitutes a material inducement for My Business Shower to provide the website and services to you.
Class Action Waiver: You and My Business Shower agree that any Dispute shall be resolved on an individual basis and not in any class, consolidated, or representative action. You and My Business Shower hereby waive any right to participate in any class, consolidated, or representative proceeding arising out of or relating to any Dispute.
Time Limitation on Claims: You agree that any claim or cause of action arising out of or related to these Terms of Use or your use of the My Business Shower website or services must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary. This limitation period applies to all claims or causes of action, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.
Exceptions:
Notwithstanding the foregoing, nothing in these Terms of Use shall prevent either party from seeking injunctive or other equitable relief from any court of competent jurisdiction for matters related to intellectual property rights, confidential information, or unauthorised access to or use of the website or services.
Entire Agreement:
These dispute resolution provisions constitute the entire agreement between you and My Business Shower regarding the resolution of Disputes and supersede any prior agreements or understandings, whether oral or written, regarding such subject matter.
Modification:
My Business Shower reserves the right to modify or amend these dispute resolution provisions at any time without prior notice. Any such modification or amendment shall be effective immediately upon posting on the My Business Shower website. You are responsible for reviewing these dispute resolution provisions periodically to ensure that you are aware of any changes. Your continued use of the My Business Shower website or services after any such modifications or amendments constitutes your acceptance of the modified or amended dispute resolution provisions.
10. Governing Law
These Terms of Use are governed by and construed by the laws of the United Kingdom. This means that any legal matters concerning the interpretation, application, or enforcement of these Terms will be subject to the laws of the United Kingdom. By agreeing to these Terms, you consent to abide by the laws of the United Kingdom in any disputes or legal proceedings related to your use of the My Business Shower website and services. Additionally, any legal disputes that may arise between you and My Business Shower will be exclusively resolved by the courts of the United Kingdom. This clause ensures that all legal matters of your use of the website are handled within the jurisdiction of the United Kingdom's legal system.
11. Changes to Terms
My Business Shower reserves the right to update or modify these Terms of Use as needed, at its sole discretion, and without prior notice to users. This means that the terms governing your use of the My Business Shower website and services may change over time. Any modifications or updates to these Terms will be effective immediately upon being posted on the website. We may inform you of significant changes to the Terms via email or through prominent notices on our website. Your continued use of the My Business Shower website and services following the posting of any changes indicates your acceptance of those changes. It is important for you to review these Terms regularly to stay informed about any updates or modifications. If you do not agree with the revised Terms, you must discontinue using the My Business Shower website and services.
