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Terms of Use and Services
Hello, how nice to have your interest! Before using our services, please take the time to read our Terms of Use and Service and get to know the rules that govern our relationship with you.
We have clarified a few critical points below. If you have any questions about the points discussed or not discussed in this document, please do not hesitate to contact us at contato@natureinvest.org.
1. DEFINITIONS:
In this instrument, we understand the expressions below according to the following definitions:
COMPANY: ASSOCIAÇÃO AMBIENTAL NATURE INVEST, a private association headquartered in the City of Brasília - DF, Edifício Íon - SGAN Qd. 601 CJ H, sala 55 - parte 57, Asa Norte CEP: 70.830-018 Brasília/DF, registered with the CNPJ under No. 23.670.472/0001-57, at this moment represented by its articles of incorporation. It is also responsible for administering the platform.
USERS: people registered on our PLATFORM, who may be legal entities or individuals;
DONOR: User interested in contributing financial amounts to Projects and Designers to achieve the objectives of the Projects;
PROJECT OWNER: Interested user who already has one or more projects and is raising funds or carrying them out;
PROPOSER: The user is interested in submitting a project but has yet to do so online for publication.
NATURE INVEST FEE: The COMPANY will be charged a fee of 9% (nine percent) for providing services to the PROJECTOR. Taxes and PLATFORM administration fees are already included. The fees charged by the means of payment are not included.
2. ACCESSION:
This instrument regulates the conditions of use of the PLATFORM services and is a contract between the USERS and the COMPANY.
Using the services offered through the PLATFORM expressly indicates that you agree with all the terms and conditions and the legal provisions applicable to the species.
YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL CONSIDER YOUR USE OF THE SERVICES PROVIDED AS ACCEPTANCE OF THESE TERMS AND ALL OTHER APPLICABLE LEGAL PROVISIONS.
If you DO NOT AGREE with the provisions set forth herein, DO NOT access, view, download, or use in any way any page, content, information, or service of the COMPANY.
Any questions regarding the use of personal data can be found in Nature Invest's Privacy Notice.
3. WHO WE ARE AND WHAT WE DO:
NATURE INVEST is an online platform designed to bring together proponents of socio-environmental projects, donors, and users to raise funds collectively (“Crowdfunding”) to make Socio-environmental Projects viable. NATURE INVEST also facilitates physical financial monitoring. The COMPANY allows a PROPOSER to present/create a Project and raise funds from DONORS interested in contributing to its realization.
4. GENERAL CONDITIONS OF USE:
At the time of registration, USERS may use all the services made available on the PLATFORM, stating that they have read, understood, and accepted all the provisions in these Terms of Use and Services.
USERS undertake to use the PLATFORM's functionalities in good faith and in accordance with current legislation, morality, and good customs.
USERS expressly acknowledge that, through this instrument, they receive from the COMPANY the grant of a license to use the PLATFORM, which is non-transferable, and sublicensing is prohibited, for use in national or foreign territory, for as long as the adhesion to this term lasts. The use of the PLATFORM in disagreement with the provisions of this instrument is prohibited.
USERS are solely responsible for the security of their password and the use of their registration on the PLATFORM, so we recommend that they do not share this information with third parties and, if this information is lost or hacked for any reason, the USER must immediately inform the COMPANY, via contato@natureinvest.org, so that the issue can be resolved.
USERS are solely responsible for any damage caused to third parties, other USERS, the PLATFORM, or the COMPANY itself due to using the PLATFORM's functionalities.
USERS must not use the PLATFORM for any illegal, defamatory, discriminatory, abusive, offensive, pornographic, obscene, aggressive, insulting, vexatious, misleading, slanderous, violent, vulgar, harassing, threatening, or use of false identity, i.e., any misuse that may harm the COMPANY, other USERS or third parties.
Under no circumstances shall the COMPANY be held liable for any damages incurred by USERS due to any temporary unavailability of the PLATFORM.
USERS must have all the software and hardware necessary to access the PLATFORM, including, but not limited to, a computer with Internet access, and the COMPANY is only responsible for making the PLATFORM available to USERS under the terms of this instrument.
USERS' use of the PLATFORM is subject to their prior registration and respect for the provisions contained herein.
Once requested by the DONOR, the PROJECT OWNER will use its best efforts to keep the DONOR informed of the success or failure of the Project it supports. This effort, however, does not represent any responsibility on the part of the COMPANY, to which the DONOR expressly agrees. The COMPANY may assist in the process of keeping the DONOR better informed if necessary.
5. REGISTRATION:
The services offered by the COMPANY are available to capable individuals and/or legal entities duly active before the Internal Revenue Service.
For USERS to register on the PLATFORM, they must provide the COMPANY with the following data:
a. Full name/Business name;
b. Address
c. Contact e-mail;
d. Short description of the person;
e. Skills;
f. Occupation; and
g. Interest.
For regular use of the PLATFORM, USERS must register and fill in all the data requested by the PLATFORM at the time of registration.
It is the USERS' sole responsibility to provide, update, and guarantee the veracity of the registration data. The COMPANY shall not be held liable for any civil or criminal action resulting from untrue, incorrect, or incomplete data provided by the USERS.
The COMPANY reserves the right to use all valid and possible means to identify its USERs, as well as to request additional data and documents it deems pertinent in order to verify the data provided. In this case, USERs' use of the PLATFORM is conditional when sending any documents requested. It should be noted that all processing involving personal data will comply with current local legislation.
If a registration is found to contain erroneous or untrue data, the COMPANY reserves the right to suspend, temporarily or permanently, without prior notice, the USERS responsible for the registration. In the event of a suspension, USERS shall not be entitled to any kind of indemnity or compensation for damages, loss of profits, or moral damages.
USERS may access the information collected and the DATA PROCESSING carried out by the COMPANY, free of charge, by submitting a request to contato@natureinvest.org.
The PLATFORM allows USERS to use some of its functionalities without registering. However, the absence of registration does not disqualify USERS nor allow non-compliance with this instrument.
USERS will access their registration on the PLATFORM using a login and password. They undertake not to disclose these details to third parties and take full responsibility for any use made of them.
USERS undertake to notify the COMPANY immediately, via the contact channels maintained by the COMPANY on the PLATFORM, of any unauthorized use of their account. USERS will be solely responsible for the operations carried out on their account since access will only be possible through the use of a password of which they are exclusively aware.
Under no circumstances will the assignment, sale, rental, or other form of transfer of the USERS' registration be permitted.
At its sole discretion, the COMPANY may exclude, disable, create limits on the use of the service, suspend, block, for an indefinite period of time, without prior notice or compensation, USER registrations that are considered offensive, that violate the terms of this instrument or the legislation in force.
The COMPANY reserves the right to unilaterally, without prior notice, consent, or compensation, refuse any registration request from a USER on the PLATFORM and to cancel, disable, block, delete, or suspend the use of a previously accepted registration.
By agreeing to this instrument, USERS declare that they are aware that they are solely responsible for their registration and that any damage caused by the insertion of outdated, inaccurate, or untrue information cannot be blamed on the COMPANY or the PLATFORM.
To manage and maintain a good relationship with the DONORS, the PROJECT OWNER must:
Be the moderator of the questions asked by the PLATFORM's DONORS, which questions will be asked and answered on the page relating to their ongoing project;
The PROJECT OWNER undertakes to use all the technological solutions at their disposal to allow access to the service 24 (twenty-four) hours a day, 7 (seven) days a week. However, the PROJECT OWNER may, at any time, update or modify the information relating to the Project, add photos, text, or even an external link to clarify the Project.
These General Terms and Conditions of Use apply to all extensions of the PROJECT OWNER's project on social networks or in communities linked to the PLATFORM, including those that already exist to publicize and raise funds for the Project and those that are yet to be implemented. The PROJECT OWNER can maintain only one account with the PLATFORM.
6. FUNCTIONALITIES:
For the “Nature Invest” Project:
The PLATFORM offers the following way of raising funds and distributing the amounts to the PROPONENTS and PROJECT OWNER: a one-off campaign, which consists of funding a Project for a specific purpose. Once the fundraising target has been reached, the PROJECT OWNER will receive their funds from the platform within 24 hours and be able to start their project.
The first installment - ⅓ of the total - will be transferred immediately. The PROJECT OWNER will be able to implement the activities account for them and submit a list of people contacted to help with the fundraising since it is not up to PLATFORM alone to help with the fundraising process. Once the first installment has been accounted for and the list has been submitted, the second installment will be released, making up ⅔ of the project's total amount. The final installment will be released as soon as the applicant presents proof - photos, testimonials, accountability, etc - of the project's execution and interactions with its donors via the PLATFORM. It is up to the PROJECT OWNER to always inform the DONORS of what is happening with their projects.
The PLATFORM will allow DONORS to evaluate the PROJECT OWNER and the Project. If the same PROJECT OWNER carries out a second project, this evaluation will be linked to the PROJECT OWNER and the Project for future assessments and donations.
Project with a deadline:
Here, the PROJECT OWNER can choose an exact date or period to close the project (the period of fundraising and project execution). When the period ends, or the date in question is reached, the period of fundraising and project execution will be closed.
Type of financing:
a) Inelastic: If the PROPONENT has chosen the project with an inelastic funding type, the funds will be returned to the donors as soon as the deadline is reached and the funding target is not met.
b) Elastic: If the PROPONENT has chosen a project with elastic funding, the funds will be disbursed to the PROPONENT even if the campaign deadline has passed.
2. No deadline:
The time needed to raise funds and carry out the project does not have a set deadline. The PROPONENT can raise funds and carry out the project continuously.
Type of funding:
Inelastic: The project will be withdrawn from the funding phase as soon as the final funding target is reached, even if it does not have a deadline for ending funding. All funds will be converted to the PROJECT OWNER for the project's execution.
Elastic: If the applicant has chosen a project with an elastic funding period, the funds will be disbursed to the PROJECT OWNER at a time defined by the ADMINISTRATOR in conjunction with the PROJECT OWNER.
To prevent projects from raising funds indefinitely on the platform, it will be up to the platform ADMINISTRATOR to set a final funding deadline in accordance with the amount raised and the targets set. The PROJECT OWNER will agree on this deadline.
Once this deadline has passed, the PROJECT will be removed from the fundraising section and migrated to the successful and ongoing projects section. The project owner will be able to update the project and keep donors informed in this section as well.
It is worth remembering that NATURE INVEST and PLATFORM do not work with the anticipation of funds for Projects, whether they have a specific objective and limited campaigns or with long-term goals and recurring donations.
The COMPANY may edit and/or delete existing features and add new features to the PLATFORM at any time without prior notice or compensation.
7. DONORS:
By supporting a campaign, the DONORS state that they know they may receive rewards, which will only occur in exceptional cases previously defined and decided by the COMPANY. Since the COMPANY does not verify in detail the viability of the Projects and does not monitor their execution, it is the sole and exclusive responsibility of the DONOR to decide whether or not to support a Project and of the PROJECT OWNER to fulfill the promises made.
The COMPANY is responsible for managing the amounts supported, and the DONOR must keep their registration details up to date so that PLATFORM can contact them if necessary.
7.1 ABOUT THE DONATION:
The DONORS will be free to choose which Project they wish to support within those published and in progress on the PLATFORM, as well as the amount they wish to contribute to a given Project, according to the amounts established by the PROPONENTS. It is important to note that, when donating, the DONORS are aware that they are funding a new Project, which may suffer changes, delays, or even unforeseen events that make it impossible to carry out what was planned during the campaign or even deliver the rewards.
7.2 ON THE MANAGEMENT OF SUPPORT:
By supporting a Project, the DONOR grants a specific mandate to the COMPANY expressly authorizing:
7.3. INFORMATION ON SUPPORTED PROJECTS:
The DONOR is solely responsible for monitoring the development of the Project through information provided directly by the PROJECT OWNER and, in the alternative, by the COMPANY, being aware and in agreement that the latter has no obligation to monitor the Project nor any responsibility, direct or indirect, for the information provided by the PROJECT OWNER, whether in relation to its veracity and/or timeliness or relation to the development of the Project, incentives and/or rewards or in relation to any other type of data linked to the Project and its development.
8. RENDERING OF ACCOUNTS:
The accounts must be rendered during the project's execution and completion, using supporting reports on the activities carried out and invoices for the contracting of products or services intended for the project's execution. The PROJECT OWNER must use the model provided to render accounts on the platform.
The obligation to act transparently is fundamental to the PROJECT OWNER's accountability. The PROJECT OWNER must be honest about the success and/or difficulties presented during the project's execution, keeping the donor updated on the stages completed and those that still need to be followed to achieve the project's final objective.
The PROJECT OWNER must update the account balance at each stage of the Project's execution using the electronic reporting and accountability forms made available by the COMPANY via the PLATFORM. The DONORS will be notified of the projects' accountability whenever there is an updatevia the e-mail address registered on the PLATFORM and can also access the same information at any time on the specific project page on the COMPANY's website.
9. FINANCIAL ASPECTS:
The amounts earmarked for Project support will be paid by credit card and PayPal. The USER is responsible for paying fees and taxes, if applicable. The PROJECT OWNER is responsible for reimbursing any disputes or cancellation of support.
The DONOR and the PROJECT OWNER are fully aware and agree that all amounts intended for Project support will be collected exclusively by credit card or PayPal and deposited in an account held by the COMPANY.
Unless otherwise stated, all fees are in Reais (R$).
When the amounts collected remain under the COMPANY's management, any income from financial investments must be reinvested in socio-environmental projects.
The date on which the amounts collected are made available may vary depending on the form and means of support.
The USER is responsible for paying all fees and taxes associated with the use of the COMPANY, including, but not limited to, the NATURE INVEST TAX, as well as any taxes that are or may be levied on the Project or the relationship between the DONOR and the PROJECT OWNER.
Since banking services, credit cards, and financial intermediaries are independent of the COMPANY, they have exclusive fees.
In the event of the cancellation or disputed payment of any of the support given to the Project, the COMPANY is authorized to deduct, at any time, the amount of the canceled or disputed support from the total collection of the campaign and/or from the PROJECT OWNER's balance.
In the event that the PROJECT OWNER has already withdrawn the total amount raised in the Project and does not have a sufficient balance to cover the amount of the canceled or contested support, he will be responsible for reimbursing the respective amount to the COMPANY.
10. PROJECT PHASES
10.1 Project Preparation
The PROJECT OWNER must fill in all the basic information about the project on a form provided on the platform. He guarantees that all the information corresponds to reality. Once all the data has been filled in, the project will be evaluated to be publicized for fundraising.
10.2 Project approval
Approved Project - Single Phase
Once the project has been approved by the PLATFORM through the evaluators or together with the platform's strategic partners, the PROJECT OWNER will be able to proceed with the fundraising phase of the project, as it will be online and available to be shared on social networks.
10.2 Fundraising Phase - Campaign
Every project approved by PLATFORM will have a fundraising or campaign phase. This is when the PLATFORM will publicize the project and make information about it available so that the PROJECT OWNER can engage future DONORS via social networks or other means. The project's closing date should be defined during the project development phase by the PROJECT OWNER.
If the Project has not raised the amount mentioned, the PROJECT OWNER will receive the amount raised through the Campaign.
The amount will be transferred to the bank account mentioned in the registration, which begins the project's execution phase.
10.3 Execution phase
During and after execution, the PROJECT OWNER must account for the amount received. This includes a report on the activities and the rendering of accounts, with documentation of invoices or receipts.
10.4 Evaluation and Closure Phase
Your project evaluation, which includes responses to requests for clarification and compliance with the deadline for submitting reports, will be displayed on the platform so that DONORS and other USERS can read the clarifications and responses.
At the end of the project, the DONORS will evaluate the PROJECT OWNER for the quality of its execution and relationship with them.
11. GENERAL PROVISIONS:
Any clause or condition of this instrument which, for any reason, is deemed null and void or ineffective by any court or tribunal shall not affect the validity of the other provisions of these Terms, which shall remain fully valid and binding, generating effects to the fullest extent.
The COMPANY's failure to claim any rights or provisions of these Terms shall not constitute a waiver, and the COMPANY may regularly exercise its right within the legal time limits.
All materials, patents, trademarks, registrations, domains, names, privileges, creations, images, and all related rights related to the PLATFORM and developed by the COMPANY are and shall remain the sole and exclusive property of the COMPANY. USERS agree not to perform any act or fact that in any way impairs the rights provided for herein, nor to claim any right or privilege over them.
The COMPANY may amend this instrument at any time by publishing a revised version on our website. For this reason, we recommend that you always visit this section of our website and read it periodically. However, to contribute to a good relationship, we will also send you an e-mail informing you of these changes.
This instrument constitutes the entire understanding between the USER and the COMPANY and is governed by Brazilian Law. The court of the city of Brasília—DF is elected as the only competent court to settle questions arising from this instrument, expressly waiving any other jurisdiction, however privileged.
