Terms of Use

1. Introduction to ImpackHub

Welcome to ImpackHub. By using the websites of the impackhub.com and imhubportal.com domains (the “Site”) and services (together with the Site, the “Services”) offered by Impack Hub, Inc. (“ImpackHub,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site. We may change these terms from time to time. If we do, the changes will be updated on the Site for your perusal.  New versions of the terms go into effect at the time they are posted unless an “in effect by” date is otherwise noted. If you keep using ImpackHub after a change, that means you accept the new terms.

2. About Creating an Account

To sign up for a ImpackHub account, you need to be of the age of majority in your province of residence or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

You can browse ImpackHub without registering for an account. But to use some of ImpackHub’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us is required accurate and complete. You are not allowed to impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has accessed your account without your permission, you should report it to innovate@impackhub.com

3. How Projects Work

ImpackHub provides a funding platform for creative campaigns. When Innovators post a campaign on ImpackHub, they’re inviting other people to form a contract with them. Anyone who backs a campaign is accepting the Innovator’s offer, and forming that contract.

ImpackHub is not a part of this contract — the contract is a direct legal agreement between Innovators and their Backers. Here are the terms that govern that agreement:

When a campaign is successfully funded, Innovators must complete the campaign and fulfill each reward. Where applicable, Innovators must also satisfy the pay-it-forward requirements. Once Innovators gave done so, they officially have satisfied their obligation to their Backers.

Throughout the process, Innovators owe their Backers a high standard of effort, honest communication, and a dedication to bringing the campaign to life. At the same time, Backers must understand that when they back a campaign, there may be changes, delays, and occurrences that prevent the Innovator from being able to finish the campaign as promised.

If Innovators are unable to complete their campaign and fulfill rewards, they must make every reasonable effort to find another way of bringing the campaign to the best possible conclusion for Backers. The situation of unfulfillment is only remedied to Backers if:

  • They post an update that explains what work has been done, how funds were used, and what prevents them from finishing the campaign as planned;

  • They show a track record of having worked  in good faith to bring the campaign to the best possible conclusion in a timeframe that’s communicated to Backers;

  • They demonstrate that the funds have been used appropriately and made every reasonable effort to complete the campaign as promised;

  • They have made no material misrepresentations in their communication to Backers; and

  • They offer to return any remaining funds to Backers who have not received their reward (in proportion to the amounts pledged).

The Innovators are solely responsible for fulfilling the promises made in their campaign. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by Backers.

4. How Funding Works - For Backers

These are the terms that apply when you’re backing a campaign:

  • You are only charged if the campaign reaches its fundraising goal. You will provide your payment information when you pledge, but you won’t be charged. Your payment will only be collected if, at the time of the campaign’s funding deadline, the campaign has reached its fundraising goal. The exact amount you pledged is the amount ImpackHub’s payment gateway service provider will collect. You will not be charged if the campaign does not become fully funded by its funding deadline.

  • In some cases we’ll reserve the charge on your card. ImpackHub and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge at any time between the pledge and the collection of funds.

  • You can change or cancel your pledge at any time before the campaign’s funding deadline. You can increase, decrease, or cancel your pledge at any time during the campaign, with one exception. During the last 48 hours of the campaign, you can’t decrease or cancel your pledge without contacting our priority email line first at innovate@impackhub.com.

  • The Estimated Delivery Date is the Innovator’s estimate. The date listed on each reward is the Innovator’s estimate of when they will provide the reward — not a guarantee to fulfill by that date. The schedule may change as the Innovator works on the campaign. We ask our Innovators to communicate upfront and in advance of any foreseeable delays.

  • The Innovator may need to send you questions about your reward. To deliver rewards, the Innovator might need information from you. They will be allowed to reach out to you and request that information after the campaign has succeeded. Creators should not ask for personal information that is not necessary to provide your reward. Notify us at innovate@impackhub.cm if you receive a request for information that seems inappropriate.

  • ImpackHub offers no refunds. Responsibility for finishing a campaign lies entirely with the campaign Innovator. ImpackHub does not hold funds on Innovators’ behalf, cannot guarantee Innovators’ work, and does not offer refunds.

These are the terms that apply when you’re creating a campaign:

  • You can refund individual pledges if you want. After your campaign has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.

  • We’ll charge our fees before putting funds in your account. ImpackHub and its payment partners will subtract fees before transmitting the proceeds of a campaign.

  • Some pledges can’t be collected, which might reduce the amount of funding you get.Because some payments can’t be collected — for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information — we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.

  • We'll help resolve payment-card disputes. If a backer of your campaign disputes the charge with their card issuer, we'll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your campaign for the amount of the chargeback.

  • Don’t count your chickens before they hatch. Don’t assume you’ll be able to launch your campaign when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.

5. How Funding Works - For Innovators

These are the terms that apply when you’re creating a campaign:

  • You can refund individual pledges if you want. After your campaign has been funded (i.e. your campaign goal reached within the funding period), you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.

  • The fees for ImpackHub and payment processing are charged from your total funded amount, with the net deposited in your account. ImpackHub and its payment gateway will subtract fees before transmitting the proceeds of a campaign.

  • The final amount of funding you get can also be affected by collection issues. In certain cases, a Backer’s credit card balance might exceed its limit at the time the payment gateway processes the payment. Other situations exist preventing our ability to collect 100% of the funds all the time.

  • Know ImpackHub’s role. We do many things, but we do not:

    • Manage the campaigns performance, timing of the rewards

    • Endorse any users to submit to the Site

    • Become involved with and/or mediate disputes between users and/or third party relating to the use of the Services.

    • Become liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services.

When you use the Services, you release ImpackHub from claims, damages, and demands of known or unknown, suspected or unsuspected, disclosed or undisclosed arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

6. Our Fees

Fees are only charged on successfully funded campaigns. We charge 3%, in addition to any fees charged by the payment gateway used to facilitate the transactions.

Creating an account on ImpackHub is free. If you create a campaign that is successfully funded, we (and our payment partners) collect fees. The payment gateway’s fees may vary based on your location and are subject to change at any time. If ImpackHub’ fees change, the change will be announced on Site with the relevant pages updated. Some funds pledged by Backers are collected by payment providers. Each payment provider is its own company, and ImpackHub isn’t responsible for its performance. You’re responsible for paying any additional fees or taxes associated with your use of ImpackHub.

7. Other Websites

If you follow a link to another website, what happens there is between you and them and not with ImpackHub. ImpackHub may contain links to other websites. When you access third-party websites, you do so at your own risk. We do not control or endorse those sites.

ImpackHub partners with other companies (such as Stripe) for payment processing. When you back or create a campaign, you’re also agreeing to the payment processor’s terms of service.

8. Your Intellectual Property

ImpackHub does not own content you submit to us (your “Content”). You are solely responsible for the content you share with ImpackHub representatives through emails, in person meetings, Google Drive, and posts on our Site. What you share with us are confidential and covered under the signed NDA unless the information is also posted on the Site, in which case the information will become non-confidential. If you to share any information with ImpackHub or on our Site, you are confirming their accuracy and our right of using the information. . But we do need certain licenses from you in order to perform our Services.

When you submit a campaign for review, or launch a campaign, you agree to these terms:

  • You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to Content you have published on our Site.

  • You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.

  • Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant ImpackHub all the license rights outlined here).

  • You will pay all royalties and other amounts owed to any person or entity based on your Content, or on ImpackHub’s hosting of that Content.

  • If ImpackHub or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this 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.

  • All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.

  • ImpackHub will not be liable for any errors or omissions in any content.

9. ImpackHub’s Intellectual Property

The content on ImpackHub is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first. ImpackHub’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

ImpackHub grants you a license to reproduce content from the Services for personal use only. This license covers both ImpackHub’s own protected content and user-generated content on the Site. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from ImpackHub or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

10. How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. ImpackHub complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

11. Deleting Your Account

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.

12. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.

ImpackHub reserves these rights:

  • We can make changes to the ImpackHub Site and Services without notice or liability.

  • We have the right to decide who’s eligible to use ImpackHub. We can cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use ImpackHub in that jurisdiction.

  • We have the right to cancel any pledge to any campaign, at any time and for any reason.

  • We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.

ImpackHub is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

13. Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

IN PARTICULAR, IMPACKHUB DOES NOT REPRESENT OR WARRANT TO YOU THAT:

  1. YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,

  2. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND

  4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMPACKHUB OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. IMPACKHUB FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. Indemnification

You agree to indemnify, defend, and hold harmless ImpackHub and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

15. Limitation of Liability

To the fullest extent permitted by law, in no event will ImpackHub, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall ImpackHub’s liability for direct damages be in excess of (in the aggregate) one hundred Canadian. dollars ($100.00).

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ImpackHub, To the fullest extent permitted by law, in no event will ImpackHub, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall ImpackHub’s liability for direct damages be in excess of (in the aggregate) one hundred Canadian Dollars ($100.00). THE LIMITATIONS ON IIMPACKHUB’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT IMPACKHUB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

16. Dispute Resolution and Governing Law

ImpackHub’s head office is located in Newfoundland, Canada. Any disputes with us that are not resolved within31 business days, unless otherwise stated in a private document, has the option of proceeding  through to arbitration. We encourage you to contact us if you’re having an issue directly fist In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Newfoundland and Labrador and of Canada, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

You acknowledge that you have been made aware of the fact that the crowdfunding opportunities posted on this portal have not been reviewed or approved in any way by a securities regulatory authority or regulator.

The crowdfunding opportunities posted on this portal are risky and may result in the loss of all or most of your contributed capital. You may receive limited ongoing information about the campaign or contributions made through this portal.

You agree that ImpackHub and its Services are deemed a passive website that does not give rise to jurisdiction over ImpackHub or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

17. The Rest

These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using ImpackHub!

These Terms and the other material referenced in them are the entire agreement between you and ImpackHub with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and ImpackHub with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or ImpackHub to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get ImpackHub’s prior written consent. ImpackHub has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. ImpackHub will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.


EFFECTIVE DATE: April 2019