Crowdfunding Terms & Conditions

GREENLIT CAPITAL LIMITED

TERMS AND CONDITIONS OF SERVICE

Welcome to Greenlit!

By using this site and the Services, in addition to any Additional Policies applicable to any particular features, content and functionality of the Services (incorporated into the Terms by reference), offered by Greenlit, users agree to be bound by these Terms and confirm that they are over 18 years of age.

Greenlit may amend the Terms at any time in our sole discretion by posting a revised version of the Terms. Unless we make clear otherwise, access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If we make any material change to these Terms, we will notify users by sending an email, posting a notice through the Services, or any other place(s) appropriate.

This website https://greenlit.fund/ (the site) is run and maintained by Greenlit Capital Limited (“we”). Our email address is info@greenlit.fund.

WHAT IS GREENLIT?

Greenlit is a British-based crowdfunding platform dedicated to film. We enable artists and supporters to connect via crowdfunding campaigns (“Services”). Users are able to upload user content through the site when creating and supporting crowdfunding campaigns (“User Content”).

Campaign owners (“Campaign Owner(s)”) create a campaign to raise funds (“Campaign”) on the site and ask for monetary contributions (“Contributions”) from third parties that wish to make contributions to causes (“Contributors”).

Our goal is to help established and emerging artists bring their visions to life and promote diverse voices in filmmaking. Supporters and film enthusiasts can join the creative journey, and get access to exclusive content, rewards. We deal with film, and only film projects, at all stages of the process, from development through production and into distribution.

The Services do not include the offer or sale of securities (as such term is defined in the Financial Services and Markets Act 2000 (FSMA)), and Greenlit is not a broker regulated by the Financial Conduct Authority.

These Terms and Conditions (“Terms and Conditions”) cover the terms on which you may use the site and conduct your business.

Please read these Terms and Conditions carefully before you start to use the site. By using the site, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Notice. If you do not accept them, please do not use the site.

USER RIGHTS OF ACCESS

You have permission for temporary, non-exclusive use of the site. We reserve the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.

You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish,  display, transmit, or distribute all or any part of the site.

You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources on the site to any third party.

You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.

You must treat all identification codes, passwords and other security information that you obtain from use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.

You agree to follow our Acceptable Use Policy.

If you allow anyone else to use our site, you must make sure that they read these Terms and Conditions first, and that they agree to and follow them.

If you do not use the site according to the law and these Terms and Conditions, we may suspend your usage, or stop it completely.

We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be out dated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.

We do not save your credit card details or share customer details with any third parties, unless when required to perform the Services, and we follow our Privacy Notice in handling information about you. By using the site, you agree to us handling this information and confirm that data you provide is accurate.

Our site uses cookies. More information is provided in our Cookie Policy.

PAYMENT SERVICE PROVIDER

Credit card payment processing Contributions on Greenlit are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement").

Campaign Owners and Contributors agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Greenlit enabling credit card payment processing services through Stripe, Campaign Owners agree to provide Greenlit accurate and complete information about you and your business, and you authorise Greenlit to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

When Campaign Owners and Contributors input their card details in Stripe, we will store a token which identifies your card without retaining any card details and personally identifiable information (“Token(s)”). Tokens will only be used to verify your identify and facilitate Contributions when the Campaign ends. We will retain Tokens for 24 months after the expiry of a Campaign in the event of disputes.

CREATING AND RUNNING A CAMPAIGN

When you, as a Campaign Owner create a Campaign to raise from Contributors, you understand that you are entering into separate legal agreements with both Greenlit and with Contributors, and the following rules apply (in addition to all other Terms and Conditions).

To create a Campaign, Campaign Owners must create an account on the site. During account creation, Campaign Owners would input their card details in Stripe to facilitate the transfer of Contributions. Greenlit will only collect the Campaign Owners’ Tokens, bank account details, date of birth, address, proof of address, and proof of identity, including but not limited to, passports and drivers’ licence.

Campaign Owners must submit a Campaign proposal to Greenlit through the site before it can be published. We will review the plan and notify the Campaign Owner if we accept the proposal based on our discretion. If the proposal has been accepted, Greenlit will assist Campaign Owners in creating a Campaign on the site. The Campaign funding target, duration and designated end date will be agreed by Greenlit and the Campaign Owner, and may only be varied with the consent of both parties.

A Campaign will initially be defined in one of two categories, “Flexible funding” or “All or Nothing”. “All or Nothing” campaigns will require the total amount of funds pledged before the Campaign end date to match or exceed the Campaign funding target, otherwise no funds will be disbursed to the Campaign owner, and all pledges refunded to Supporters. A Campaign designated “Flexible funding” will allow all pledges made to be disbursed to the Campaign owner at the end of the campaign regardless of the amounts raised.

After the conclusion of a campaign, Greenlit may permit a campaign and related project to be designated as “Ongoing”. This will allow Greenlit to continue to accept pledges, as donations or in exchange for Rewards on an ongoing basis, subject to the existing terms and conditions set out here. “Ongoing” campaigns are hosted at the sole discretion of Greenlit and may be varied or terminated without notice.

Greenlit may offer services to Campaign Owners, including without limitation, helping with drafting Campaign content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Owners. Even if we help with your Campaign, Campaign Owners remain solely responsible for the Campaign and must comply with all obligations herein as the only responsible party for the Campaign.

BACKING A CAMPAIGN

When a Contributor makes a pledge through a direct donation or a purchase of a reward on the Campaign page (“Pledge”), this creates the obligation of a Contribution and the Contributor understands and agrees that the following rules and terms apply (in addition to any other Additional Policies).

All Pledges are made voluntarily and at the sole discretion and risk of the Contributor.

The date to deliver a Reward is an estimate by the Campaign Owner (not Greenlit) and there is no guarantee that the Campaign Owner will fulfil and deliver the Reward by that date. Greenlit does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Rewards, or that the Campaign will achieve its goals. Greenlit also does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Reward or Contribution, or the truth or accuracy of User Content posted on the Services.

You do not need an account to make a Pledge. You may submit your details on the payment page where Stripe will collect your card details. Greenlit will only collect your email address, physical address if the Reward requires physical delivery, Token, the last 4 digits of your card number, the expiry date of your card, the type of card, and the postcode attached to the card.

At the time you make a Pledge, the full amount will be charged to your payment method. In line with current payment regulations, this will be held in a secure client account, pending the conclusion of the campaign. If the campaign is designated “Flexible funding”, then all pledged funds will be disbursed (net of fees) to the Campaign Owner on the agreed campaign end date. If the campaign is designated “All or Nothing” then funds will be disbursed only if the total amount pledged has met or exceeded the Campaign funding target. If the campaign is designated as “Ongoing”, then the pledge will be disbursed to the Campaign owner on an agreed schedule.

You may choose to store a tokenised, secure identifier of your card details on the website for future contributions.

Once you have made a Pledge to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as specific preferences for a Reward (i.e. colour or size of a t-shirt) or may ask for your feedback on the Campaign or the Reward. In some instances, to receive the Reward, you may need to provide the requested information within the requested time frame to receive the Reward, otherwise, it will not be fulfilled. Campaign Owners should not ask for information that is not required to fulfil a Reward and should not request sensitive personal information such as credit card/banking information. Please contact us at info@greenlit.fund if you receive a request for information that appears to be excessive.

Contributors are solely responsible for determining how to treat their Pledges and Contributions, and receipt of any Rewards for tax purposes.

SERVICE FEES

There are no fees for creating an account on the site. Campaign Owners are charged a service fee as a portion of the Contributions they raise.

Greenlit will create a secure Stripe Connect client account for Campaign Owners in order to facilitate payment. At the time of a pledge being made, the amount of the pledge (net of the Service Fees as described below) will be transferred to the Campaign Owner’s Stripe Connect account. These funds are inaccessible to the Campaign and to Greenlit until the conclusion of the campaign. At that point, and subject to all other terms and conditions being satisfied, Greenlit will initiate a transfer of funds to the Campaign Owner’s bank account, as designated during the process of Campaign creation.

Campaign Owners are charged a Service Fee which comprise a percentage of the Contributions they raise and the cost of card payment fees which may vary (the "Service Fees"). The portion of the Contributions which comprise the Service Fees may be changed based on a separate written agreement between Greenlit and the Campaign Owner.

The Service Fees are effective on the date that the Service Fees are posted and may be updated from time to time. Service Fees will be charged at the then-current rate. In connection with receiving Contributions from Contributors, Campaign Owners appoint Greenlit as the Campaign Owner's limited agent for the sole purpose of receiving, holding, and settling payments to such Campaign Owner. As a Campaign Owner's agent, Greenlit’s receipt of Contributions on a Campaign Owner's behalf is the same as receipt of Contributions directly by a Campaign Owner.

Campaign Owners are responsible for ensuring that the bank account details provided to Greenlit are accurate and up to date. 

Although we use reasonable commercial endeavours to facilitate the collection of Contributions, this may not always be feasible, either due to a Contributor having insufficient funds in their account or any other reason that is outside our control. In such event, Greenlit shall not be held liable and shall not be responsible for reimbursing any payments or other direct or indirect damages suffered by the Campaign Owner as a result. 

TAXES

It is the Campaign Owners’ responsibility to determine what, if any, taxes apply to the Contributions received through the Campaigns. It is solely the Campaign Owners’ responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

RIGHT TO WITHHOLD FUNDS

Disbursement of Contributions to a Campaign Owner may be delayed, or withheld in their entirety, for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, violation of the Terms and Conditions or any other policy, or any other situation where Greenlit determines at its sole discretion, that Contributions should not be disbursed. Contributions may also be used to reimburse Greenlit for any chargebacks and refunds incurred by Greenlit for a Campaign.

 

CHARGEBACKS

Debit and credit card providers allow their customers to raise disputes against transactions in line with their own policies and legislation. If a payment has already been collected and / or disbursed, this may be in the form of a chargeback, in which case Greenlit’s account will be debited for the value of the transaction.

We will investigate the basis for this chargeback and make representations on behalf of the Campaign Owner. The Campaign Owner will bear liability for any costs borne by Greenlit in this case, including, but not limited to, the value of the disputed transaction.

If we hold valid card details for the Campaign Owner, we reserve the right to make subsequent charges against this card to recover any costs incurred by Greenlit as the result of a chargeback. Greenlit may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.

LEGAL OBLIGATIONS OF CAMPAIGN OWNERS

As a Campaign Owner, you are entering into a legal agreement with a Contributor when they make a Contribution to your Campaign, which includes the following obligations:

  • Make good faith efforts to fulfil the Rewards or other benefits promised (“Rewards”) associated with a Campaign in the timeframe that is communicated to Contributors.
  • Immediately notify Greenlit and the Contributors if there are obstacles or delays.
  • Respond promptly and truthfully to all questions posed to them by Contributors.
  • Provide substantive and quality updates at least once a month to Contributors.
  • If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Rewards.
  • Comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards.
  • Comply with EEA Data Controller Obligations. As a Campaign Owner, you (and Greenlit) will independently fulfil all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted).

Your data controller duties include:

  • Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information;
  • Managing and reporting security incidents;
  • Transfers;
  • Entering into contracts only with data processors that provide adequate protections for personal data and including appropriate contractual language;
  • Maintaining records of your data processing activities;
  • Conducting any required data protection impact assessments; and
  • Implementing and maintaining all measures required pursuant to Article 32 of the GDPR.
  • Respond to EEA Data Subject Requests. You and Greenlit will have an independent obligation to respond to any requests received by either of us from EEA data subjects regarding personal data, including without limitation, those set forth in Chapter III of the GDPR. The party that receives the data request is responsible for responding to the request. Campaign Owner and Greenlit shall reasonably cooperate and assist each other with these requests, to the extent that is legally permissible.

Please remember that as a Campaign Owner, you are solely responsible for fulfilling the obligations of your Campaign and delivering Rewards. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Contributors.

REFUNDS AND CANCELLATION OF CONTRIBUTIONS

 A Contributor may delete or cancel their Contribution up to 48 hours prior the Campaign coming to an end, without liability, subject to confirmation by Greenlit that the Contributor has not received a Reward, and the Contribution has not been sent to the Campaign Owner. In this case Greenlit will initiate a refund to the original payment method used for the Contribution.

Refunds subsequent to this time will require the consent of the Campaign Owner, and while Greenlit will facilitate any such request, we cannot guarantee or accept liability for its performance.

OUR ROLE

If you see User Content that violates these Terms, then let us know and we may remove it. Removing content or terminating accounts is not an action we take lightly, and we may take a while to investigate and determine if User Content should be removed. We do not communicate our reasons for removing, or keeping, User Content on the site.

Campaign Owners are solely responsible for the delivery of Rewards.

Users are solely responsible for determining how the tax laws, or any other laws, apply to running a Campaign, Contributing to a Campaign, or utilising any of the Services.

Though we may facilitate discussions between users who have disputes with each other, Greenlit takes no responsibility and does not have any liability for any disputes or violations of agreements between any users, including between Campaign Owners and Contributors or Campaign Owners and any third parties.

OUR RESPONSIBILITY TO YOU

We make no representations about the quality, safety, morality or legality of any Campaign, Reward or Contribution or the truth or accuracy of User Content that is submitted through our site or Services. We do not guarantee the fulfilment or the performance of any Rewards, or that Contributions will be used as described in the Campaign. We do not control or endorse User Content posted on the site or in any Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. Greenlit is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between users, or between users and any third party relating to the use of the Services.

You release us from all claims. When you use the Services, you release Greenlit 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 the Services. All content that you access or use through the Services is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and user content, and any contact you have with other users or third parties, whether in person or online, remains with you.

Neither Greenlit nor any other party involved in creating, producing, or delivering the services will be liable (whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Greenlit has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for: (a) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill; (b) service interruption, computer damage or system failure; (c) the cost of substitute products or services; (d) any damages for emotional distress arising out of or in connection with these terms; (e) the use of or inability to use the services; (f) any communications or other interactions with other users or other persons with whom you communicate or interact as a result of your use of the services; or (g) your Campaigns or Contributions.

We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statute.

Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the site including any databases that hold relevant information about the site. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these terms and this paragraph specifically. If you do not use the materials in line with these terms and this paragraph specifically, you lose your right to use our site, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.

Your User Content remains your property and is protected, without limitation, pursuant to UK and foreign copyright and other intellectual property laws. When you submit User Content to the site or via the Services, you agree to the following terms:

You grant us a 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 User Content.

You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content.

You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms and Conditions to Greenlit with respect to your User Content; (2) your User Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms and Conditions or applicable law; and (3) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.

OUR MONITORING RIGHTS AND TERMINATION

We have the right to monitor, terminate, suspend, or delete any User Account  and / or Campaign at any time for any reason, or no reason. It is our policy not to comment on any reasons for termination and we have no obligation to provide you with a reason for termination.

We will not have any liability to you or third parties for any use of the Services associated with your account or Campaign. Upon termination, you must cease all use of the Services and User Content. All representations and warranties shall survive termination.

CONFIDENTIALITY

Personal information or business information that you supply to us through the site, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Notice. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

VARIATION

We may change these Terms and Conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use of this site.

LINKS TO OUR SITE OR OTHER SITES

You are allowed to make a link to our site’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide agreement in writing. We reserve the right to end this permission at any time.

Links from our site to other sites are only for information. We do not accept any responsibility for other sites, the accuracy of their content or any loss you may suffer from using and relying on them.

COMPUTER OFFENCES

If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.

You must not try to obtain access to our server or any connected database or make any 'attack' on the site.

SYSTEM OUTAGES AND MAINTENANCE

Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. The Services may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions.

We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues.

INDEMNITY

You agree to defend, indemnify and hold harmless Greenlit, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable legal fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms (including, but not limited to, failure to fulfil a Reward or refund a contribution) or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us as reasonably required in the defence or settlement of any such matters.

NO WARRANTY

Greenlit has no fiduciary duty to any user. The Services, Greenlit content, User Content, and any other materials made available or through the use of the services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, non-infringement or course of performance. To the fullest extent permissible pursuant to applicable law, Greenlit and its affiliates, licensors, suppliers, advertisers, sponsors and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.

Greenlit and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services or the server(s) on which the services are hosted, or any services available on any third party platform are free of viruses or other harmful components.

No opinion, advice or statement of Greenlit or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the use of the services, or on third party platforms or otherwise, shall create any warranty. Your use of the services, including without limitation any services provided on any third party platform, are entirely at your own risk.

DISCLAIMER

Greenlit does not offer investment advice or analysis, nor does it endorse or recommend investments in any company or the suitability of an investment for any particular investor. Greenlit is not registered as a broker-dealer or financial or investment advisor and does not provide any services requiring such registration. Greenlit makes no representation or warrant as to the adequacy, accuracy or completeness of information found anywhere on its website. Any opinions or forecasts expressed herein are only Greenlit’s and are not intended as investment advice and are subject to change without notice.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

COMPLAINTS

If you have any questions or a complaint about the service provided by us, please send us an email at info@greenlit.fund to make your complaint.