Term of Use

Introduction

These terms and conditions (the "Terms and Conditions") govern the use of all pages and contents located at (insert the website address) (the “Website”/ “Platform”) and any of the services provided by Beban (“Beban”, “us”, “we” or "our") via the Website (“Services”) to you ("you" or “your”).

The Website is owned by Beban, a company incorporated under the laws of the Kingdom of Bahrain.  Beban is licensed by the Central Bank of Bahrain (CBB) as Crowdfunding Platform Operator.

Please read the Terms and Conditions and our Privacy Policy carefully before using the Platform and the Services. By registering as a user, using, accessing, browsing, or continuing to use and browse the Platform, you are deemed to have read, understood and agreed to be bound by the Terms and Conditions and our Privacy Policy, which may be revised, amended or updated by us in our sole discretion, from time to time, effective immediately upon posting such updates on the Platform with or without notice to you.

Please note that the Terms and Conditions and Privacy Policy form a legally binding contract between you and Beban. If you do not agree with the Terms and Conditions and/or our Privacy Policy, you should exit from the Platform, cease using the Services and cancel your registration (if applicable).

Beban reserves the right to refuse access to or use of the Website or Services to anyone and to reject, cancel, interrupt, remove, or suspend any campaign, contribution, or Services, or access to or use of the same generally, at any time and without notice for any reason without liability.

Restricted jurisdiction

This Website and the Services are not directed at or intended for distribution to or use by any individual or entity who is a citizen or resident of (or located or established in) any jurisdiction where the access to or use of the Website or Services would be contrary to applicable law or regulation or would subject Beban to any registration or licensing requirement in such jurisdiction. If you are located in such jurisdiction, please do not proceed in reading the contents of the Website.

Eligibility Criteria

Your age, on the date of accessing the Website or to sign up for an account and use of Services, must be at least 21 years or older.

If you are using our Website or Services on behalf of a legal entity (e.g., a company interested in investing in a campaign displayed on the Website or a company interested in raising funds), you represent that that you have the right to enter into agreements on behalf of such legal entity and otherwise represent such legal entity in all your interactions with us.

User Obligations

Your account is entirely your responsibility.

If you are interested in using our Service, you must register and create an account using the designated tab in our Website. You must use accurate and complete information to create such account, and you must update your account information as needed to keep the information accurate and up to date. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Beban immediately by contacting us at support@beban.me. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.

You unequivocally agree not to use any third-party software, hacks, mods or any method whatsoever to access, crawl or collect any information or data from the Platform.

You agree and warrant that you will not (and will not permit, facilitate, or assist any third party to) publish, or upload any content or materials on the Website or through the Services (i) which is false, indecent, discriminatory, misleading, offensive untruthful, or inaccurate; (ii) which promotes or encourages illegal or unlawful activity or infringes the rights of any third party.

While some pages of this Website may be accessed by any person, you must not attempt to obtain unauthorised access to password protected parts of the Website, or to any other protected information, through any means not intentionally made available by us for your specific use.

You hereby represent and warrant that you shall take all necessary security measures (such as changing password regularly) to protect any information you transmit to us when accessing the Platform, including but not limited to your personal information, your user ID and password for the purposes of preventing unauthorised access to your account. You shall notify us immediately if you discover any unauthorised use of your user ID and/or password or any other breach of security.

You acknowledge, consent and agree that we may access and disclose your account information if required to do so by the applicable law or in a good faith and belief that such access or disclosure is reasonably necessary to comply with legal process, court orders or requests from law enforcement or other government agencies and to protect the rights, property and safety of our users and the public.

Intellectual Property

The logos (the “Trade Marks”), the contents (which may include but not limited to information, applications, icons, images, sound clips, video clips) and other materials displayed on the Website are the property of or licensed by Beban, our related corporations, or third parties with whom we do business, and is protected by laws of Bahrain and international intellectual property laws and other relevant laws.

You acknowledge and agree that all intellectual property rights and proprietary rights in all contents and materials shall be and remain our exclusive property or that of our licensors, as the case may be. No intellectual property or other rights shall be transferred to you.

Beban grants you a limited license (that is temporary, non-exclusive, non-sub licensable, and non-transferrable) to access and use the contents of the Website solely for use of the Services in accordance with these Terms and Conditions. We reserve the right to revoke this limited license to access and use the content of the Website at any time and in our sole discretion without giving you any advance notice.

Your Intellectual Property

Your user content remains your property. When you submit user content to the Website or via the Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your user content. You grant us the right to make changes, edits, modifications, translations, formatting, or delete your 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 Beban 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) Beban does 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 our use or exploitation of your user content.

Rights Concerning User Accounts and Termination

We reserve the right to monitor, terminate, suspend, or delete any user account at any time and refuse your current or future use of the Services and Platform at all or in portion if we have reason to believe that you are not complying with these Terms and Conditions of the applicable laws.

If you wish to terminate or close your existing account, you may submit a request to terminate your by sending an email to support@beban.me. However, your request will not automatically delete user content. We may need to retain certain information as required by the applicable law or as necessary for our legitimate business purposes. These Terms and Conditions, including our rights to user content, survive termination of an account. Upon suspension or termination of your account, you must cease all use of the Services and user content. Your representations and warranties shall survive the termination.

We reserve the right to suspend or terminate a campaign if it does not comply with this agreement or the applicable laws. In the event of termination, we may refund any and all campaign funds received by a campaign owner to backers and may seek reimbursement from you for any funds you have already received from us. Beban may also avail itself of any of the remedies provided for in this Agreement and any remedies available to enforce its rights under this Agreement or the applicable laws.

Fee

If you are a business / company raising funds through equity crowdfunding, you are required to pay services fee as stipulated in the Entrepreneur Agreement that you are required to enter into with us.

If you are an investor in any equity crowdfunding, you are required to pay services fee as stipulated in the Investor Agreement that you are required to enter into with us.

We may charge you for any additional services as requested by you. The scope and amount to be charged will be agreed and stated in the entrepreneur agreement or the investor agreement as applicable. You hereby acknowledge and agree that the additional services requested by you shall form part of the Services we provide and all payments will be due and payable in the manner as specified in in the entrepreneur agreement or the investor agreement as applicable

Any tax/VAT, duties or levies to which the services fee is subject is payable by you.

Role of Beban

You agree that Beban is only a crowdfunding platform for both entrepreneurs seeking funds for their companies and investors interested in funding companies and that Beban does not provide any advice (financial, tax, legal, or otherwise). Apart from certain general prerequisites such as the type of investment instrument and the type of investors, Beban does not at any time set the specific prerequisites for any campaign. Such specific prerequisites include, but are not limited to, the number of investors that may be accepted and investment amount, which shall always be set by the entrepreneurs.

Each transaction agreement is an agreement entered into directly and only between the relevant entrepreneur and an investor investing in a campaign. In no event shall Beban be a part of such agreement.

Entrepreneurs and Companies

Beban reserves the right to deny prospective investor’s access to any company profile, campaign, the Website, or Services for any reason at any time. Entrepreneurs agree, represent, and warrant that all the content, information, data, or materials provided for posting or distribution on or through the Website or Services or by Beban generally is true, complete, and accurate.

In addition to the above, the Entrepreneurs  represent and warrant that the company possesses or has obtained all necessary rights and permissions for such content to be displayed and uploaded on the Website, and can demonstrate to Beban’s full satisfaction upon request that the company or Entrepreneur (i) possess or otherwise controls all rights to all content that is or will be so displayed or uploaded, or that content in such display or upload is in the public domain and (ii) where applicable, has full authority to act on behalf of any and all owners of any right, title, or interest in and to any content for purposes of such display or upload, or such use as contemplated by these Terms and Conditions.

The Entrepreneurs agree to the immediate elimination of all infringing parts of the content and to fully indemnify and hold Beban and its related parties harmless from and against all damages, costs, and expenses directly or indirectly incurred as a result of infringement of the intellectual property rights of a third party by any content from any company or entrepreneur. Beban shall have the right to promptly remove such content from the Website in its sole discretion if it becomes aware or suspect that such content infringes any third party's intellectual property rights

Entrepreneurs agree to provide investors with all information requested by Beban or as set forth on the Website. The relevant Entrepreneur (representing the company) additionally agrees to, without undue delay at the end of the company’s campaign, accept or reject any binding offer to invest submitted by an investor by sending a confirmation or rejection to that Investor through the Website. After closure of a campaign where the target amount is successfully raised in full, the relevant entrepreneur (representing the company) undertakes to ensure that the company issues the relevant securities to the investors in accordance with all applicable legislation and regulations. Entrepreneurs (each representing the relevant Company) are responsible for drafting and providing all documentation needed (including legally required documentation) for completing the campaign.

Beban has the right to cancel, interrupt, or suspend any campaign at any time and at its sole discretion. Such cancellation, suspension, or interruption may be required due to such reasons as a violation by the relevant entrepreneur, company, or campaign of any applicable legislation or regulation, this Terms and Conditions, or any other terms and conditions applicable to the Website or Services.

General

You shall be liable for any damage caused to Beban or any third party due to your breach of any of these Terms and Conditions, including the access to or use of the Website or Services in breach of the same. Furthermore, you agree to fully indemnify and hold Beban and its related parties harmless from and against all claims, costs (including reasonable legal costs), damages, expenses, liabilities, and losses that Beban may sustain or incur, whether directly or indirectly, by reason of our having: made available the Website or Services to you; entered into the entrepreneurs agreement or investor agreement with you; enforced or attempted to enforce our rights under the entrepreneurs agreement or investor agreement; or acted upon any instructions which you may give in relation to the entrepreneurs agreement or investor agreement, or any negligence, fraud, or misconduct on your part or your breach of any of the terms of the entrepreneurs agreement or investor agreement.

Third Party Content and Third Party Systems

This Website may contain, or the Services may provide, links to other websites or content on the internet that are owned or operated by third parties (collectively, “Third Party Content”) which do not constitute Beban’s endorsement, recommendation, or verification of Third Party Content. We  shall not be liable or responsible for any errors or other consequences arising from accessing or delays in accessing such Third Party Content or any actions taken in reliance thereon, and we disclaim liability to the fullest extent permitted by the applicable law for any and all forms of loss or damage arising out of the access to or use of Third Party Content. Under no circumstances it shall be  construed that Beban is a party to any transaction, in case of your access to and use of systems (including messaging systems), services, content, materials, products, applications, or programmes of any third party (“Third Party Systems”), between you and such third party or that Beban endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems even where they may accessible at or through the Website or Services.

You acknowledge and agree that you will be solely responsible for any access to or use of Third Party Content and Third Party Systems through the Website or Services which shall be governed by such third party’s terms and conditions, and is not the responsibility of Beban. . Beban does not warrant, represent, or otherwise assure that your use of the Website or Services to access or use Third Party Systems or Third Party Content is permitted or in compliance with terms and conditions, laws, or regulations applicable to the same.

Severability

In the event that any provision of these Terms and Conditions is found to be or become unlawful, invalid, or otherwise unenforceable, that provision is to be deemed severed from the relevant Terms and Conditions and shall not affect the legality, validity, and enforceability of the remaining provisions of these Terms and Conditions. The relevant Terms and Conditions shall continue in force as if such unlawful, invalid or unenforceable provision was severed from the same.

No Waiver

Any failure or delay by yourself or Beban in exercising or enforcing any right or remedy contained in these Terms and Conditions does not constitute a waiver by the party responsible for such delay or failure. It shall also not constitute a bar to the exercise or enforcement at any subsequent time or times. Waiver of any right arising from a breach or non-performance of these Terms and Conditions or arising upon default under these Terms and Conditions shall be in writing and signed by the party granting the waiver.

Complaint

If you wish to lodge a complaint with us about anything related to these Terms and Conditions, you may do so by sending an email to support@beban.me. If you have any other general query about the Website, you should email the appropriate address set out in the “Contact Us” section of the Website.

Nature of Relationship

The relationship between you and Beban established by these Terms and Conditions shall be solely that of independent contractors. Nothing contained in these Terms and Conditions shall constitute or be construed as creating any fiduciary, partnership, joint venture, agency, or representative relationship between you and Beban.

Rights of third parties

A person who is not a party to these Terms and Conditions shall have no right to enforce any term of this Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description. For the avoidance of doubt, nothing in this provision shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.

Governing Law and Jurisdiction

The Terms and Conditions shall be governed by and construed in accordance with the laws of Bahrain and all disputes arising in any way out of or affecting the Terms and Conditions shall be subject to the jurisdiction of the courts of Bahrain, to which the parties agree to submit.

As the Platform and Services may be accessed internationally, the users who access the Platform are responsible for compliance with the laws of the jurisdictions from which they access the Platform, if and to the extent local laws are applicable.