Terms & Conditions For Originem Crowdfunding Platform
Originem expects all designers to respect intellectual property rights and to avoid copying the designs of other designers or brands. Originem will not be held legally responsible for any intellectual property disputes or lawsuits relating to a designer's work.
1. Parties
This agreement is between Winfield International Enterprises Limited ("Originem"), a company registered in Hong Kong operating the crowdfunding platform, and the users of the platform, including Designers and Backers (collectively referred to as "Users").
2. Definitions
"Designer": An individual or entity that creates and submits bag designs for crowdfunding projects on the Originem platform.
"Backer": An individual or entity that pledges financial support to a crowdfunding project on the
Originem platform.
"Project": A fundraising project for a specific bag design hosted on the Originem platform.
3. Platform Services
3.1 Originem provides a crowdfunding platform specifically for bag designs.
3.2 The platform allows Designers to showcase their bag designs and seek financial support from
Backers.
3.3 Originem facilitates the crowdfunding process but does not guarantee the success of any
project.
4. Designer Responsibilities
4.1 Designers are responsible for the originality and legality of their designs.
4.2 Designers must provide accurate information about their designs, production plans, and
delivery estimates.
4.3 Designers are responsible for fulfilling rewards to Backers if projects are successful.
5. Backer Responsibilities and Rights
5.1 Backers acknowledge that supporting a project is not a guarantee of receiving a product.
5.2 Backers are responsible for understanding the risks involved in crowdfunding before pledging.
5.3 Pledge Process:
a) Pledges are only charged if the project reaches its funding goal.
b) Backers authorize Originem to charge their payment method once the project is successful.
5.4 Reward Tiers:
a) Backers are responsible for carefully reviewing and selecting their desired reward tier.
b) Originem is not responsible for backers choosing incorrect or undesired reward tiers.
5.5 Shipping and Handling:
a) Backers may be responsible for shipping and handling costs in addition to their pledge
amount.
b) International backers may be subject to additional fees, taxes, or duties.
5.6 Risk Acknowledgment:
a) Backers explicitly acknowledge that backing a project carries inherent risks.
b) Originem does not guarantee that designers will complete their projects or fulfil rewards.
5.7 Communication:
a) Backers are encouraged to communicate with designers through the Originem platform.
b) Originem is not responsible for private arrangements made between backers and designers
outside the platform.
5.8 Prohibited Actions for Backers:
a) Harassment of designers or other users
b) Fraudulent or misleading activity
c) Attempting to extract additional benefits not included in the chosen reward tier
5.9 Pledge Modifications:
a) Backers may modify or cancel their pledges at any time before the project's funding
deadline.
b) Once a project is successfully funded, pledges cannot be changed or cancelled through the
platform.
6. Funding and Withdrawal Policy:
a) Before a project is successfully funded, backers can withdraw their pledge at any time.
b) When a pledge is withdrawn or a project is not successfully funded, the pledged amounts are
released by Stripe. These funds never go to Originem or the designer.
c) After a project is successfully funded, backers cannot withdraw their pledges.
d) Originem does not handle or provide refunds for any projects.
7. Dispute Resolution for Backers:
a) Backers should first attempt to resolve issues directly with the designer.
b) If unable to resolve, backers may request Originem's mediation.
c) Originem's decision in such disputes will be final and binding.
8. Intellectual Property Rights:
a) Backers do not gain any intellectual property rights by supporting a project.
b) The use of rewards is subject to the terms set by the designer.
9. Age Restrictions:
a) Backers must be at least 18 years old to make pledges on the platform.
b) Minors may only use the platform under the supervision of a parent or legal guardian.
10. International Backers:
a) The platform is accessible globally, but certain restrictions may apply based on local laws.
b) International backers are responsible for ensuring their participation complies with their local
laws and regulations.
11. Backer Responsibilities
11.1 Backers acknowledge that supporting a project is not a guarantee of receiving a product.
12.2 Backers are responsible for understanding the risks involved in crowdfunding before pledging.
12. Intellectual Property
12.1 Designers retain the rights to their original designs.
12.2 By uploading designs to the platform, Designers grant Originem and Originem assigned partners non-exclusive licenses to crowdfund, display, promote, sell, manufacture, and distribute the designs including online and offline channels.
13. Fees and Payments
13.1 Originem charges a platform fee on successfully funded projects, please refer to the page of
fees.
13.2 Payment processing fees are deducted from the total funds raised.
13.3 Funds are only released to Designers if the project reaches or exceeds its funding goal.
14. Project Rules
14.1 All projects must have a clear funding goal and deadline.
14.2 Designers may not artificially inflate their funding through self-pledging or other manipulative
practices.
14.3 Originem reserves the right to suspend or cancel any project that violates these terms or is
deemed fraudulent.
15. Withdraw or Cancellations
15.1 Backers may cancel their pledge at any time before the project deadline.
15.2 After a successful project ends, refunds are at the discretion of the Designer.
15.3 Originem does not guarantee refunds and is not responsible for disputes between Designers
and Backers.
16. Content Guidelines
16.1 Designers must ensure that all project content, including descriptions, images, and videos, is
appropriate, accurate, and not misleading.
16.2 Offensive, discriminatory, or inappropriate content is strictly prohibited.
16.3 Originem reserves the right to remove or request changes to any content that violates these
guidelines.
17. Project Updates
17.1 Designers are required to provide regular updates to their backers throughout the project and
production process.
17.2 Updates should be made at least once a month or more frequently if significant
developments occur.
18. Production and Fulfillment
18.1 Designers are solely responsible for the production and fulfilment of their project products.
18.2 Estimated delivery dates must be provided and should be realistic and achievable.
18.3 Any delays in production or delivery must be promptly communicated to backers and
Originem.
19. Intellectual Property Infringement
19.1 Users may report suspected intellectual property infringement to Originem.
19.2 Originem reserves the right to remove any content or projects that infringe on intellectual
property rights.
20. Confidentiality
20.1 Users agree to maintain the confidentiality of any non-public information shared on the
platform.
20.2 Originem will handle user information in accordance with its Privacy Policy.
21. Taxes
Designers are responsible for any taxes applicable to funds raised through their projects. Originem
explicitly disclaims responsibility for tax issues arising from projects conducted on its platform.
22. Account Termination
22.1 Originem reserves the right to terminate or suspend a user's account for violations of these
terms, fraudulent activity, or any other reason deemed necessary.
22.2 Upon termination, users may lose access to their account information and project data.
23. Representation and Warranties
Designers warrant that they have the legal right to produce and sell the designs presented in their
projects.
24. Prohibited Items
24.1 Certain categories of bags or materials may be prohibited on the platform.
24.2 Originem will maintain and update a list of prohibited items, to which users must adhere.
25. Marketing and Promotion
25.1 By using the platform, users grant Originem the right to use project information for marketing
and promotional purposes.
25.2 Originem may feature selected projects in its marketing materials or partner promotions.
26. Abandoned projects
26.1 A project may be considered abandoned if the designer fails to provide updates or respond to
inquiries for more than 30 days.
26.2 Abandoned projects may be removed from the platform, and funds may be returned to
backers.
27. Dispute Resolution between Designers and Backers
27.1 Designers and backers should attempt to resolve disputes directly.
27.2 If a resolution cannot be reached, either party may request Originem's mediation.
27.3 Originem's decision in such disputes will be final and binding.
28. Platform Modifications
Originem reserves the right to modify, suspend, or discontinue any part of the platform at any
time.
29. Limitation of Liability
29.1 Originem is not liable for the actions or omissions of Designers or Backers.
29.2 Originem does not guarantee the quality, safety, or legality of project products.
30. Indemnification
Users agree to indemnify and hold Originem harmless from any claims arising from their use of the
platform or violation of these terms.
31. Privacy and Data Protection
Originem collects and processes user data in accordance with its Privacy Policy and applicable data
protection laws.
32. Dispute Resolution
Any disputes arising from the use of the platform shall be resolved through arbitration in Hong Kong Special Administrative Region.
33. Governing Law
These terms are governed by the laws of the Hong Kong Special Administrative Region.
34. Changes to Terms
Originem reserves the right to update these terms at any time. Users will be notified of significant changes.
35. Originem Platform Responsibilities
35.1 Vetting Process:
a) Originem reserves the right to vet designers and projects before they are published on the platform.
b) This vetting process does not guarantee the success or legitimacy of any project and is primarily for quality control purposes.
35.2 Fraudulent Projects:
a) Originem will take reasonable steps to prevent fraudulent activities on the platform.
b) If a project is found to be fraudulent, Originem will suspend the project and attempt to
refund backers where possible.
c) Originem is not liable for any losses incurred due to fraudulent projects that were not
detected through our vetting process.
35.3 Security Measures:
a) Originem implements industry-standard security measures to protect user data and
transactions.
b) Users are responsible for maintaining the confidentiality of their account credentials.
c) Originem will promptly notify users of any security breaches that may affect their personal
information.
35.4 Customer Support:
a) Originem provides customer support services to assist users with platform-related issues.
b) Support is provided via email and during business hours as specified on the platform.
c) Response times may vary depending on the nature and complexity of the issue.
36. Force Majeure
36.1 Neither Originem nor the users shall be liable for any failure or delay in performing their
obligations under these Terms if such failure or delay is caused by circumstances beyond their
reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil
unrest, or government actions.
36.2 In the event of a force majeure occurrence:
a) The affected party shall promptly notify the other parties.
b) Project deadlines and fulfilment timelines may be extended as reasonably necessary.
c) If the force majeure event continues for more than 90 days, either party may terminate the
agreement with written notice.
37. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such
unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such
provisions shall be deleted without affecting the remaining provisions herein.
38. Assignment
38.1 Users may not assign or transfer their rights or obligations under these Terms without prior
written consent from Originem.
38.2 Originem may assign its rights and obligations under these Terms to any successor in interest
to its business or any subsidiary or affiliate.
39. Acceptance of Terms
By using the Originem crowdfunding platform, you acknowledge that you have read, understood, and
agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not use
our platform.
40. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Winfield International Enterprises Limited
Email: info@originem.co
41. Effective Date
These Terms and Conditions are effective as of 24-Sept-2024 and will remain in force until updated or
terminated by Winfield International Enterprises Limited.
Originem stresses the imperative for designers to scrupulously honor all intellectual property
protections. The copying or replication of any other party's designs will not be tolerated. The onus is
completely on individual designers to vet the originality of their creations and avoid potential
infringement.
Originem will not accept responsibility for any legal fallout relating to questions of intellectual property
rights and trademarks. Designers are cautioned to meticulously research ownership of intellectual
assets and concepts to forestall disputes.
In the clearest possible terms, Originem's position is that fiscal and legal accountability resides solely
with members utilizing the platform. The company does not serve as an intermediary or guarantor for
tax, copyright, or any other compliance issues that may arise from a designer's work. Extreme care is
expected of all participants to avoid issues that could precipitate legal or financial repercussions.
Last updated: 31-Oct-2024
