Ednco Inc. is a corporation whose Quebec Enterprise Number (QEN) is 1170166921 and whose registered address is 936 Mont-Royal Avenue E, 2nd floor, H2J 1X2, Montreal, Quebec. The term "Ednco" refers collectively or separately to this company, its legal representatives, officers and/or employees.
LL45 S.à.R.L. is a company whose company number (RCS) in the GD Luxembourg is B232814 and which has its registered office at 20 avenue Pasteur, L-2310 Luxembourg, GD Luxembourg. The term "LL45" refers collectively or separately to this company, its legal representatives, its managers and/or its employees.
"Vibrerlocal" refers jointly to LL45 and VL ASBL.
"Site" or “Website” or "Platform" represents the Internet site and the Services it contains, developed and put online by LL45 and operated by VL ASBL under the URL www.vibrerlocal.com (as well as the sub-directories)
"Member" refers to a user who has entered his or her personal data on the Site, has registered as a member and holds a valid Identifier. A Member may be a natural or legal person.
A "VIBZs" or its synonym "Edncoin" is an electronic, intangible asset, having no material representation and is non-fungible because it has a unique identification number. It is a barter unit that does not represent a debt or a claim and has no legal tender status. The term "VIBZs" represents one or more VIBZs. Any graphic or symbolic representation of a VIBZs on the Site has the same meaning as the term VIBZs. "VIBZs" and "Edncoin" are used interchangeably and have exactly the same meaning.
A "Holder" is a Member who owns one or more VIBZs by having received it from VL ASBL or another Member
A "Donor" is a Member who makes a donation to VL ASBL in order to financially support one or more projects published on the Site and receives one or more VIBZs from VL ASBL in gratitude.
"Membership Terms" is the set of values published on the Site, which the Member undertakes to respect at the time of registration
"Username" means the login (or “User ID”) and password, validated by Vibrerlocal, that is required for a Member to access their Account on the Site.
"Account" or “Access Account” means all personal data entered by a Member at the time of registration, possibly completed or modified thereafter. The term also includes the VIBZs held by the Member and all data, in any form, such as publications, messages, offers, requests, etc., entered by the Member on the Site.
"Services" refers to all the features and offers, whether paid or free of charge, accessible to Members on the Site
"Online Payment Method" refers to an online payment service, such as that offered by stripe.com, available on the Site for receiving payments, or sending and receiving money
"Offer Profile" refers to a description on the Site of a Member's offer of good(s) and/or service(s) (commercial or otherwise) or knowledge that may be offered to one or more other Members
An "Idea" is a proposal or a suggestion or a summary vision or a notion or a conception that a Member considers to be possible and/or desirable and that he/she describes in a structured manner, in a section dedicated to ideas on the Site.
A "Project" is a temporary undertaking whose objective is to create something and/or offer a service and which emanates, very often but not necessarily, from an Idea, which a Project Sponsor describes in a structured manner in the section dedicated to projects on the Site and which it proposes to carry out with the possible help of other Members.
A "Project Sponsor" is the Member who describes a Project and who is duly mandated by the Beneficiary of the eventual Micro-financing Request to represent this Project as well as the Beneficiary.
A "Beneficiary" is the person or commercial entity or non-profit association that may receive, under certain conditions, a sum of money from VL ASBL in response to a Micro-financing Request made on its behalf by a Project Sponsor who is entitled to do so.
A "Micro-financing Request" is a financial need to be fulfilled, in order to contribute to the realization of a Project and introduced by the corresponding Project Sponsor in the section dedicated to projects on the Site.
The "Collection Period" for a Project is the period displayed on the Site during which
a. the Micro-financing Request corresponding to this Project is published on the Site and
b. Donors can participate in the collection of funds to support the Micro-financing Request.
A "Specific Project Pot" is a sum of money obtained through the pooling of donations made to VL ASBL by Donors in order to enable VL ASBL to respond to a Micro-financing Request related to a specific Project.
The term "Pot" refers collectively or separately to one or more Specific Project(s) Pot(s).
A "Partner Organization" is an organization designated by Vibrerlocal that works with Vibrerlocal.
A "Payment Processor" is the entity, currently Stripe, Inc. which provides VL ASBL with an Online Payment Method and various secure financial services.
A "Donor" is a Member who freely makes
- a Donation for Use (see 12.2) and/or
- a donation to VL ASBL in order to financially support one or more Projects published on the Site by contributing to a Pot and who, in this case, receives from VL ASBL, under certain conditions, one or more VIBZs in appreciation.
“Transaction Fees Linked to a Donation to a Pot" represent all possible credit, debit and exchange fees (depending on the circumstances) that are deducted, by VL ASBL and/or a Payment Processor, from a donation made by a Donor in order to fund a Pot or when VL ASBL returns a donation to the corresponding Donor.
"Transaction Fees Linked to a Beneficiary" means all possible credit, debit and exchange fees (depending on the circumstances) that are deducted, by VL ASBL and/or a Payment Processor, from a payment made by VL ASBL to a Beneficiary.
"Online Payment Method" means an online payment service available on the Site that allows VL ASBL to receive or send money securely.A visitor who simply browses the Site or an individual who becomes a Member agrees to the Membership Terms and understands and accepts without reservation all of the terms and conditions contained in these ToU.
1.1 The Site is a collaborative web platform of social network type which aims at raising the level of individual and collective fulfillment through the provision of tools facilitating meetings, taking action and the co-creation of activities and local projects. Much more than a simple social network for sharing information, it draws all its originality, its power and its durability through the development of three axes gathered under the same platform: collective action - economy - education.
1.2 The Site is intended, by its conception, methodology and design, to be an educational tool for introspection, evaluation and inner transformation. It invites a Member to find a balance between what he/she is or wishes to become and his/her concrete action to achieve it. In particular, it encourages the local population to express its interests and define its real needs, with the aim of inviting the Community to respond to them by co-creating useful and appropriate projects.
1.3 The Site wishes to stimulate social cohesion, the creation of new professional activities, co-creation, collaboration, empowerment and cooperation in a defined geographical space and invites by resonance other spaces to transform themselves in turn. The Site wishes to contribute to the improvement of a sustainable development model that renews the ways of consuming, producing, working, and living together in order to respond to the major environmental, economic, and societal challenges.
1.4 The Site offers features that have five main objectives:
1) To help individuals who share common values (ecological, human and economic) to share their interests, to easily define their ideas for improvement or their local needs and what they wish to offer (knowledge, goods and services).
2) Allow these individuals to meet each other.
3) To help entrepreneurs who want to co-create and promote locally new projects, activities or small and medium-sized commercial enterprises (SMEs) that respond to the demands of the population and its development. The Site allows the population living around the entrepreneur to discover his/her project and to support him/her.
4) This support can also be done via a mechanism similar to participative micro-financing to realize the project of a candidate entrepreneur. In addition, the Site promotes the use within the network Community of a means of exchange called VIBZs, similar to (but not equal to) a virtual electronic currency. This original financing method, in a spirit of fairness, encourages economic exchanges and the setting up of new projects within the Community.
5) Stimulate the support of Members in the creation of their projects and/or in their various needs related to the activities of the Site.
1.5 The Site is essentially intended for citizens, associations, small businesses and public authorities.
2.1 The Site was initially developed by Ednco.
As of March 16, 2021,
1) Ednco has transferred ownership of the Site to LL45;
2) LL45 has granted VL ASBL a licence to operate the Site.
LL45 is thus the owner of the Site and VL ASBL is the owner of the Members' Accounts.
VL ASBL considers the Site to be an essential tool in order to achieve its objectives.
LL45 and VL ASBL share the same societal mission.
VL ASBL collaborates with other associations in order to achieve its objectives.
2.2 A member is advised that these ToU are subject to change by Vibrerlocal. Each Member is invited to consult regularly the present ToU in order to take note of the possible modifications. Renewed use of the Site while these ToU are modified regularly, constitutes Member's acceptance of the current ToU. This ToU supersedes any public statements, oral or written, made by individuals connected with Vibrerlocal or current or future third parties. This ToU is not a solicitation to invest.
2. 3. A Member states and warrants that he/she will defend other Members, Vibrerlocal and Vibrerlocal related third parties, and their respective directors, officers, employees, contractors, partners, agents, affiliates, successors and assigns, from and against any and all losses, liabilities, claims, damages, demands, liabilities, suits, actions, costs, fees and expenses incurred or sustained in any way by or asserted against such persons in connection with, arising out of or resulting from (i) his or her participation in the Site or (ii) his or her use of the Services available on the Site or (iii) his or her ownership or use of one or more VIBZs or (iv) his or her ability or failure to perform under this TOU or (v) any breach by him or her of this TOU.
2.4 The only persons that may use the Services on the Site are legally adult ones, whether or not an adult is the actual registered Member, or whether or not a parent has given permission.
2.5 Any additional rules posted on the Site shall be deemed to form part of these ToU.
2.6 Members shall not modify, add or delete content except in areas of the Site specifically reserved for that purpose.
2.7 The rights of use granted by Vibrerlocal to the Member are strictly limited to the Services clearly displayed within the Site. The Member shall not, in particular and not exclusively, modify, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way whatsoever the Services, the pages of the Site, or the computer codes of the elements comprising the Services and the Site.
2.8 It is forbidden to send unsolicited e-mails of a commercial nature, commonly known as "spam" or "spamming", to Members in order to promote an advertisement published on the Site or to solicit private exchanges outside the Site.
2.9 The Site is primarily intended for individuals. Associations and companies wishing to promote their services are authorized to do so in compliance with these ToU. Companies that sell a variety of products are not permitted to post temporary promotional offers on a limited number of products.
2.10 Vibrerlocal assumes no liability to a Member for possible damages due to unusual and unforeseeable events over which Vibrerlocal has no influence and the consequences of which, despite the care taken, could not have been avoided (e.g. events beyond the control of Vibrerlocal, failure of telecommunication lines, civil unrest, wars or other events such as labor disputes or lockouts over which Vibrerlocal has no control). This also applies to cases in which Vibrerlocal is bound by decisions made under EU legislation or national, judicial or administrative orders which provide otherwise.
4.2 The Services offered to Members and described on the Site and/or in this ToU may not be fully operational at this time and Vibrerlocal makes no guarantee that they ever will be.
4.3 A Member understands and agrees that the Services under development may not fully meet his/her expectations.
4.4 Member understands and agrees that despite all precautions taken by Vibrate Local, the Site is not immune to malicious action by one or more hackers. Member shall not hold Vibrerlocal liable for any damage or loss resulting from such action.
5.1 The use of the Services involves a Registration Process requiring prior registration and verification of the information necessary for the proper execution of the Services.
5.2 During the Registration Process, the Member must provide valid information such as: an email address, first and last name (no aliases or pseudonyms), cell phone number and place of residence. In order to guarantee the accuracy of the geolocation service, the Member is asked to provide a complete address. The Site can thus automatically group Members by neighborhood (if available), city, province or region (if available) and country. A Member's full address is visible only to that Member and is not shared with other Members.
5.3 Vibrerlocal reserves the right, in its sole discretion and without the need to justify itself, to deny a Member's registration.
5.4 Information provided by a Member to Vibrerlocal must be accurate and truthful. The consequences of disclosure on the life of the Member and/or other Members are the sole responsibility of the concerned Member. A Member takes the initiative to disclose and disseminate via the Site information, data, text, content and possibly images about him. As a result, the Member waives all recourse against Vibrerlocal, in particular on the basis of the possible infringement of his/her image rights, honour, reputation, privacy, resulting from the dissemination or disclosure of information concerning him/her, insofar as the Member has previously, freely and explicitly consented to such disclosure by virtue of his/her membership of the Site and in application of these ToU.
5.5 During the Registration Process, the Member must provide a password. The password shall in no case be made visible on the Member's Account. A Member is the sole custodian of his/her password and is solely responsible for maintaining the confidentiality of his/her password and any use of that Member's User ID or Username or Account.
5.6 Vibrerlocal shall not be liable for the hacking of a Member's computer device used to access the Site and the misuse of data (resulting from the hacking) that the Member has stored on the Site.
A Member agrees not to use, at any time, another Member's Username and password and not to reveal his/her password to any third party.
5.7 If a Member loses or forgets his or her password, he or she may simply click on the "forgotten password" link available on the Site and an e-mail will be sent to the e-mail address he or she provided at the time of registration. This email will direct the Member to a specific web page to reset the password. No other procedure is possible for a Member to recover his/her lost password.
5.8 A single natural person may register as a Member only once. The Registration Process may result in the sending of a unique code by sms to the cell phone provided at the time of registration. This code may be requested at the time of registration, in order to ensure a unique registration.
5.9 Registration on the Site requires acknowledgement of these ToU and unconditional agreement to accept them.
5.10 Vibrerlocal reserves the right, without prior justification, to deny registration to certain email addresses that are known to be listed by anti-spam services or that use obfuscation or anonymization services.
5.11 Registration is also subject to geographic eligibility as determined by Vibrerlocal. As Vibrerlocal wishes to offer a service of proximity between Members, it may reserve the right to make registration on the Site conditional on the location of residence of its choice.
5.12 Members may at any time modify or delete information in their Account.
5.13 A Member has at any time a right to terminate his membership to the Site by clicking on the link provided for this purpose.
5.14 Vibrerlocal reserves the right to deactivate a Member’s Access Accounts that has not been used once for a period of three months or more.
5.15 What information is stored on Vibrerlocal?
- All information in a Member’s Account, provided by the Member at the time of registration as well as all messages, video links, images, documents, comments, ratings, descriptions that the Member has posted on the Site.
- Data related to the use of the Site as defined in the "Classification of a Member" section of these ToU.
5.16 Why does Vibrerlocal collect this information, how does it use it and with whom does it share it?
See the "Confidentiality Clauses".
5.17 How do we protect the information we collect?
Vibrerlocal has administrative, physical and technical safeguards in place to protect the information it collects. However, no computer system or service can guarantee 100% security, especially when the service is connected to the Internet. Therefore, a Member accepts that there is a risk that a third party may access his/her data.
5.18 Where do we store the information we collect?
Information collected by Vibrerlocal is stored and processed on network storage servers (Amazon Web Services Inc.) located in Ireland.
5.19 How long do we store the information we collect?
Vibrerlocal retains information related to a Member for as long as the Member's Account is active and the Member has not terminated his/her membership, in which case Vibrerlocal retains the data for a reasonable period of time in the event the Member wishes to reactivate his/her Account.
5.20 How do I access and control the information stored by Vibrerlocal?
In accordance with the General Data Protection Regulation (GDPR), a Member has the right to access, correct, transfer and delete his/her data.
a) In order to consult his/her data, a Member must go to the section "Parameters / Your Data" of the Site, select the type of data he/she wishes to consult and validate his/her request. Within a maximum of 72 hours, Vibrerlocal will send an email to the Member informing them that a feature is available in the "Settings/Your Data" section of the Site that allows him/her to download an html file containing the requested data to his/her computer. This link will remain active and visible for a period of 10 days.
b) In order to correct, transfer, delete, object to or restrict the processing of his or her data, a Member must send a request via the contact form available on the Site. Vibrerlocal is committed to handling such requests in the most satisfactory manner possible, to the extent that it is technically possible. In the event that Vibrerlocal is unable to respond in an entirely satisfactory manner, Vibrerlocal reserves the right to inform the Member and offer to terminate that Member's Account.
6.1 Vibrerlocal takes no responsibility for the content of Accounts, profiles and other content posted by Members, and assumes no obligation to edit or remove any inappropriate Accounts or content, does not guarantee the accuracy and/or reliability of the information, and assumes no responsibility for the conduct or opinions expressed by the Member posting any content in any form. Members' Personal Accounts, content or messages exchanged may contain links to other websites. Vibrerlocal is not responsible for the content, accuracy, reliability of information or opinions expressed on these sites.
6.2 The Site offers a service known as geolocation, which makes it possible to geo-locate a Member. A Member assumes full responsibility for the fact that he or she has indicated his or her geolocation and for the possible consequences related to this geolocation.
6.3 The Site is by nature accessible 24/24h, 7/7d, except interruption, scheduled or not, for the needs of its maintenance or cases of force majeure. Vibrerlocal could not be held responsible for any damage, whatever the nature, resulting from an unavailability or closing of the Site.
6.4 It is the responsibility of a Member to ensure the conservation of his/her data and in particular of his/her Username. The Member is solely responsible for maintaining the confidentiality of his/her Username and Account and for any actions that may be taken through his/her Account and/or with his/her Username. A Member agrees to (i) immediately notify Vibrerlocal via the contact form of any unauthorized use of his/her Member's Account and/or Username and/or any breach of security, and (ii) ensure that at the end of each session he/she explicitly logs out. Vibrerlocal will not be liable for any loss or damage arising from a failure to comply with this section.
6.5 Messages and/or offers posted by a Member are the sole responsibility of that Member and not of Vibrerlocal.
6.6 Vibrerlocal makes the Site available to Members and therefore is not legally bound to any general obligation to monitor the content transmitted or stored via the Site. The only obligations inherent to its role as designer of the Site concern the provision of means allowing each Member to inform Vibrerlocal of the presence of illicit content, and the removal of any manifestly illicit content, as soon as it is effectively informed. A link is for this reason available on the Site. In case of absence or unavailability of this link, it is possible for a member to use the contact form provided for this purpose and which is permanently available in the menu at the bottom of the webpages of the Site.
6.7 A Member agrees without reservation that Vibrerlocal may without notice and without justification modify or remove, in whole or in part, any content that violates these ToU. A Member acknowledges and agrees that no harm will result from the removal of content by Vibrerlocal. In no event shall Vibrerlocal be liable for any damages, including lost profits or lost data, resulting from the use of the Site or from Vibrerlocal's removal of content that violates these ToU.
6.8 Vibrerlocal shall not be liable for (and the consequences of) the accuracy or inaccuracy of information and content provided by visitors to the Site and/or a Member himself/herself. Similarly, Vibrerlocal cannot be held responsible for content posted by a Member that may infringe the rights of one or more other Members or third parties.
6.9 In the event that Vibrerlocal's liability is sought due to a breach by a Member of its obligations under the law or these ToU, that Member agrees to indemnify Vibrerlocal against any judgment against it, such indemnity shall cover both the compensation that may be paid, as well as attorney's fees and court costs.
6.10 Vibrerlocal may only be held liable by a Member in the event that certain and definitive proof is established in court of a fault committed by Vibrerlocal itself, which caused damage to the Member.
6.11 In this regard, Vibrerlocal shall not be liable for any direct or indirect damages suffered by a Member where the Member's conduct contributed to the damage claimed to have been suffered. This includes (but is not limited to) failure to comply with these TOU.
6.12 Vibrerlocal facilitates the exchange of goods and services between Members. The quality of the exchange of goods and services offered on the Site is in no way the responsibility of Vibrerlocal. Vibrerlocal has no responsibility for the successful completion or consequences of this exchange.
6.13 The Site gives the possibility to Members to comment on the quality of a good or service offered by a Member. Vibrerlocal shall not be liable for any incorrect rating posted by a Member.
6.14 By posting content, a Member warrants that it owns the content or has the right to grant the license described below, and that the posting of its content on or through the Site does not violate any privacy rights, publicity rights, intellectual property rights (including copyrights) or any other rights of any other person. A Member agrees to pay any royalties, taxes or other amounts owed to any person as a result of content posted by him/her on or through the Site. He/she also agrees, for any content displaying the image of one or more other persons, to obtain their consent prior to the publication of his content. In the event that, by publishing on the Site, a member wishes to quote, refer to, display or reproduce all or part of a content of which he or she is not the owner, and this solely for the purposes of information, dissemination or promotion of this content for the benefit of his or her beneficiaries, he or she undertakes to systematically quote the source, the credits and, as soon as possible, to create a hyperlink to an Internet site presenting this same content by his or her beneficiaries. The contents of the Site, apart from those published by Members, are protected by copyright, trademark and other laws. The Site grants the Member a limited, revocable and non-sublicensable license to quote, reference, display or reproduce all or part of such content, regardless of the medium (website, blog, magazine, etc.), solely for the purpose of viewing the Site, or for the purpose of informing, disseminating and promoting its Services.
6.15 If a Member believes that content authored by (or owned by) the Member or owned by a third party has been copied, altered and/or misappropriated and posted to the Site without authorization, the Member must immediately notify Vibrerlocal using the contact form or feature in order for Vibrerlocal to take any action it deems necessary.
6.16 When a Member posts content to the Site, the Member grants Vibrerlocal a limited license to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the Site for as long as such content is posted to the Site. He/she retains all ownership rights to the content, and he/she retains the right to use the content as he/she sees fit. The license granted to Vibrerlocal is worldwide, non-exclusive, royalty-free. The license does not give Vibrerlocal the right to sell the content. Similarly, except for content posted by a Member, that Member may not copy, modify, translate, publish, broadcast, transmit, distribute, produce, display or sell any other content appearing on or through the Site. However, a Member is informed and accepts that any content created by him/her may be exported by any Member on social networks such as Facebook or services such as Twitter. A Member is also aware and agrees that content created by him/her may be automatically selected and reused by Vibrerlocal for the purpose of promoting the Site on any newsletter, website, news article, public communication of any kind, published by or on behalf of Vibrerlocal.
6.17 Vibrerlocal shall not be liable for any delay or failure to perform under this ToU caused by any natural disaster, war, strike, labor dispute, work stoppage, fire, political decision, or any other cause, whether or not of a similar nature, beyond its control.
7.1 The use of false information during the Account registration by a Member or the creation of multiple Accounts for use of the Services within the Site in an attempt to disrupt its operation or attempt to defraud Vibrerlocal or avoid detection, shall result in immediate and permanent exclusion from all associated Accounts.
7.2 In the event of a Member's failure to comply with the Membership Terms and/or the ToU, Vibrerlocal may, in its sole discretion, with or without prior notice
restrict, in whole or in part, for any length of time, access to the Services by that Member on the Site;
or block the Member's Username, delete the Member's Account, exclude and completely remove the Member's visible presence on the Site.
7.3 VibrateLocal shall notify by email, within a reasonable time, such Member, subject to such restrictions or exclusion and hereinafter referred to as a "Suspended Member".
7.4 Vibrerlocal may either fully or partially restrict, in its sole discretion, with or without prior notice, for any length of time, access to the Site or exclude and completely remove any visible presence on the Site of a Member related to a Suspended Member.
7.5 Members are prohibited from engaging in any activity on the Site that could disrupt or attempt to disrupt the operations of the Site.
7.6 Vibrerlocal reserves the right, at any time and in its sole discretion, to limit the number of postings (whether in text, photo, video or any other format available on the Site) that a Member may make to the Site.
7.7 A Member or organization involved in criminal activities such as, but not limited to:
- Terrorist activities;
- Organized hate;
- Killing (including attempted killing) or multiple homicides;
- Trafficking in persons;
shall be immediately expelled without warning and without Vibrerlocal having to justify or provide any evidence of such involvement.
7.8 A Member who commits any of the following prohibited actions shall be immediately expelled without warning and without Vibrerlocal being required to explain or provide any evidence of such prohibited actions:
- Posting contact information, phone numbers, physical or email addresses or any information about another individual without first obtaining their consent;
- The publication of content of a coarse, vulgar, indecent, hateful, racist, ethnic, bigoted, defamatory, fraudulent, violent, threatening or inciting to violence nature, whether in the form of text, photos, videos or any other format available on the Site;
- The publication of content of an obscene, pornographic or pedophilic nature, whether in the form of text, photos, videos or any other format available on the Site;
- The publication of serious, defamatory, unproven and/or notoriously inaccurate statements, whether in the form of texts, photos, videos or any other format available on the Site;
- The publication of contents that encourage or allow violence or criminal activities;
- Publishing content that puts the LGBTQI+ community at risk by revealing their sexual identity against their will or without their permission,
- Publishing content that puts veiled women at risk by revealing images of them without their veil against their will or without their permission;
- Publishing violent threats against police officers or individuals accused of committing a crime;
- Publishing unverifiable misinformation and rumors that present a risk of imminent violence or physical harm, coded statements where the method of violence or harm is not clearly defined, but the threat is veiled or implied;
- Publication of any implied content that includes statements of intent or incitement, calls to action, or statements that seek or condition the bringing of weapons into places, including, but not limited to, places of worship, schools, polling places, or locations dedicated to the counting or administration of an election (or encouraging others to do the same);
- Issuing instructions on the manufacture or use of weapons or explosives, with the proven purpose of seriously injuring or killing people;
- Facilitating, organizing, promoting or admitting certain criminal or harmful activities directed at persons, businesses, property or animals;
- Any attempt to buy, sell, donate or exchange firearms, alcohol/tobacco, endangered species, non-endangered live animals (excluding livestock), human blood, weight loss products, historical artifacts, non-therapeutic substances, medicines and marijuana by individuals, producers or traders and generally any goods in violation of the regulations in force;
- The publication of content that deliberately misleads or presents false information or defrauds or exploits third parties for money or property. Particularly any content that instructs, participates in, promotes, coordinates, encourages, facilitates, acknowledges, recruits for or acknowledges offering or soliciting for any of the following activities:
* Deceive others to generate a financial or personal benefit to the detriment of a third party or entity through financial or investment-related scams, false identity scams, false products or false awards;
* Involving others to generate a financial or personal benefit for a third party person, business or organization through false financial documents or instruments or stolen information, goods or services;
- Publishing content that sexually or otherwise exploits or endangers adults and children;
- The publication of content involving nudity or sexual activity or enabling, promoting or coordinating sexual encounters or commercial sexual services between adults such as prostitution or escort services;
- Publishing cruel or mocking content that targets victims of serious physical or emotional harm;
- Posting content that is intended to deceive or attempt to mislead Members for visibility;
- Publishing content protected by copyright without the authorization of the owner of these rights, whether in the form of text, photos, videos or any other format available on the Site;
- The publication, whether in the form of text, photos, videos or any other format available on the Site, of any content or profile presenting misleading, abusive and/or illegal information, inciting to acts of piracy of works of any kind subject to copyright, trademark or any other property right;
- Any harassment, personal attack, threat or intimidation of a Member;
- Use of any content that may damage the computers of other Members, any intrusion, interference or misuse of Vibrerlocal's computer system such as the use of scripts, regardless of their purpose;
- Posting content with the intent to impersonate a Vibrerlocal employee or another Member using similar aliases or any other method or system;
- Posting messages that encourage other Members to disregard or criticize the Membership Terms and/or the TOU
- Posting certain advertisements for goods, auctions, services or commercial websites, including proposals for commercial or financial transactions or charitable solicitations that do not comply with the Membership Terms or are deemed inappropriate by Vibrerlocal, in its sole discretion;
- Posting content that violates the Membership Terms and/or ToU in any way
- Any dispute or re-publication of messages that have been removed or any dispute regarding Members who are no longer registered on the Site;
- Any proselytizing as well as any use of the Site to satisfy personal, partisan, union or commercial interests or ambitions;
- Refusal to respond or late response to a request from Vibrerlocal.
- Any interference with or disruption of servers or networks connected to Vibrerlocal and/or the Site or failure to comply with the terms, conditions, procedures, policies or regulations of such networks connected to Vibrerlocal and/or the Site;
- Any activity or posting that is intended to cause Vibrerlocal to incur liability or lose the services of its Internet service providers, web host or other provider;
- Use of Vibrerlocal on behalf of a third party without the express consent of that third party;
- Using another Member's account or URL without authorization, impersonating any person or entity;
- The fact for a Member to give a false image of its link with a physical or moral person, to give a false image of an association or a Micro-Financing Application through the Site, or any publication in a category or inappropriate areas of the Site;
- Member engaging in conduct that, in VibrateLocal's sole judgment, inhibits any other Member from using or enjoying the Site;
- Member's unauthorized access to the Site or any account, computer or network connected to the Site through unauthorized or illegal means;
- Member obtaining or attempting to obtain any content or information not intentionally made available through the Site;
- Member undertaking any activity or engaging in any conduct that is contrary to the purpose or intent of the Site and/or Vibrerlocal and/or the TOU;
- Member transmitting more postings/messages/microships through the Site in a given period of time than a human can reasonably produce in the same period of time using a standard web browser;
- A Member using the Site to post, transmit or otherwise exploit information, software or other content for commercial purposes, or containing advertising, provided that the use of the Site for fundraising activities in accordance with these TOU is expressly permitted;
- The fact that a Member publishes on the Site a request for financial support or an appeal for donations outside the sections specifically provided for this purpose;
- The fact that a Member makes a request for financial support for purposes other than those stated in the description of its Micro-financing Request.
The above list is non exhaustive
7.9 Vibrerlocal reserves the right to report a Member to the police or the courts or to take any appropriate legal action, including seeking compensation for Vibrerlocal and/or other Members.
8.1 It is understood that a Member must naturally respect the legislation related to bartering to which he is subjected. Regardless of the applicable law, Vibrerlocal points out the following to the members:
- The exchange (barter) is a contract by which the parties give each other respectively an item for another.
- The exchange is carried out by consent only, in the same way as the sale.
- If one of the co-promisers has already received the item given to him in exchange, and he then proves that the other contracting party is not the owner of that item, he cannot be forced to deliver the item he has promised in exchange, but only to return the item he has received.
- The co-promiser who is evicted from the item he has received in exchange has the choice of claiming damages or returning his item.
- Rescission on the ground of lesion does not occur in the exchange contract.
- All other rules prescribed for a contract of sale apply to the exchange.
- The depositor from whom the item has been removed by force majeure and who has received a price or something in its place, must return what he has received in exchange.
8.2 Each Member remains entirely and solely responsible for his/her offers or requests and takes all the necessary steps to ensure that his/her activities related to Vibrerlocal are compliant with the regulations in force, particularly in terms of social, fiscal, commercial and intellectual property code compliance. Members are invited to inform themselves very precisely about their rights and duties.
8.3 The conditions of the exchanges are negotiated between the Members involved, and fixed by mutual agreement.
8.4 Each Member may refuse any proposal for which the conditions are not suitable.
8.5 Prior to each exchange, the involved Members must ensure that their insurance covers the risks involved.
8.6 Vibrerlocal reserves the right to refuse to post or register any offer, request or posting that it deems to be contrary to the ToU and/or “Membership Terms”.
9.1 A VIBZs is used solely to facilitate the exchange of goods and services (barter) between Members.
Methods of transferring one or more VIBZs:
- The Site offers the possibility for a Member to transfer some or all of his or her VIBZs to another Member (the beneficiary of the transfer).
- This transfer of one or more VIBZs can only be made in exchange for a good and/or service. - The transferring Member must indicate the reason for the transfer in a dedicated field available on the Site.
- The Site allows the transferring Member to clearly identify the receiving Member. It is the responsibility of the transferring Member to choose the receiving Member carefully. If a transferring Member has mistakenly transferred VIBZs to a Member, it is the responsibility of the transferring Member to contact the receiving Member to request the return of any VIBZs that was wrongly received. Vibrerlocal may intervene in the event of a dispute (see section "Dispute between Members").
- A Member cannot choose individually the identification numbers of the VIBZs which he/she transfers, he/she can only indicate the number of VIBZs which he/she transfers and the Site will choose arbitrarily, amongst the VIBZs owned by the Member, the one(s) transferred.
9.2 A VIBZs may not be exchanged or transferred outside the Site.
9.3 A VIBZs may not be bequeathed or pledged.
9.4 A VIBZs is activated only at the time it is offered. Therefore, there is no undistributed stock of VIBZs as defined in these ToU.
9.5 VIBZs holdings are limited to a maximum of 10,000 VIBZs per Holder.
9.6 Vibrerlocal formally undertakes and guarantees that it will not take any action or make any decision that could harm, immediately or in the future, the exchange value of a VIBZs. In particular, Vibrerlocal agrees and warrants that it will not create and distribute VIBZs without an acceptable countervalue as specified on the Site.
9.7 The ownership of one or more VIBZs does not give any express or implied right. A Holder shall have no special expectation of governance of Vibrerlocal or the Site.
9.8 A VIBZs may not, under any circumstances
- be resold to Vibrerlocal,
- sold to anyone else,
- exchanged for currency or virtual currency,
- lent to anyone for interest.
9.9 When a Member voluntarily terminates his/her membership on the Site or when Vibrerlocal suspends his/her membership, any VIBZs held by that Member will be permanently deactivated.
9.10 A Holder agrees to all terms and conditions of the section “Donations to Support Projects and Conditions for Obtaining one or more VIBZs”.
9.11 A Holder declares and warrants:
- That he/she understands and assumes all risks, costs and possible benefits associated with holding and/or exchanging one or more VIBZs.
- That he/she alone will be responsible for the use and possible risks associated with the holding and/or exchange of one or more VIBZs.
- That he/she will comply with the tax laws of the country or province in which he or she resides as indicated in his/her Account and in relation to the holding and exchanging of VIBZs.
- That he/she will not hold Vibrerlocal responsible in any way for possible sums which would be claimed to him/her by an authority or administration legally competent following his/her holding and/or exchange of one or more VIBZs.
9.12 Vibrerlocal archives the entire history of VIBZs exchanges since their creation. This history contains the dates of the exchanges, the identification numbers of the VIBZs exchanged, and the Accounts of the various Holders.
9.13 A Holder may, in a section of the Site, accessible only by him/her and available only on the Site :
- View the identification numbers of the VIBZs he/she holds
- Consult the exchange history of one or a predefined number of VIBZs that he/she holds.
10.1 In accordance with 4.2, the functionality allowing VL ASBL to offer VIBZs is not yet available. Consequently, articles 10.2 to 10.12 are given for information purposes and will only become applicable when this functionality is available on the Site.
10.2 In the corresponding section of the Site dedicated to this purpose, a Donor can freely make a donation to VL ASBL in order to contribute to the financing of Micro-Financing Requests published on the Site (see the corresponding section of the GTC). He can thus financially support a particular Project by contributing to the corresponding Specific Project Pot. As a sign of gratitude for a donation made to support a Project, VL ASBL gives the corresponding Member a certain number of VIBZs. The Site displays the number of VIBZs that a candidate Donor may receive from VL ASBL according to the amount of this donation as stipulated below. When entering his/her donation, the Donor will also have the possibility, if he/she so wishes, to allocate part of his/her donation to support the activities of VL ASBL. The Site clearly displays the amount that will be allocated to the Project and the amount that may be allocated to VL ASBL.
10.3 If a Donor has made a donation to a Specific Project Pot related to a certain Project, then that Donor will only receive the corresponding VIBZs if the Project in question is financially supported by VL ASBL and at the latest, at the time the Beneficiary receives the requested funds. Once donated, the VIBZs will become visible in the section of the Site that allows a Member to see the number of VIBZs he or she holds.
10.4 Obtaining one or more VIBZs is done exclusively through the Site.
10.5 You must be a Member to receive one or more VIBZs.
10.6 Vibrerlocal reserves the right not to give one or more VIBZs to a Donor.
10.7 The number of VIBZs given in appreciation of a donation is arbitrarily set by Vibrerlocal. This number may vary over time, for example, due to inflation. However, Vibrerlocal is committed to ensuring stability in the equivalence between a given amount and the number of VIBZs received, to the extent possible.
10.8 Vibrerlocal may freely decide, for specific Members, to allocate a different number of VIBZs per donation amount received.
10.9 Vibrerlocal may freely decide to stop giving VIBZs temporarily or permanently.
10.10 A Member shall indicate the amount of his or her donation and the Site shall display the number of VIBZs that he or she is likely to receive, taking into account the Transaction Fee Linked to a Donation to a Pot.
10.11 If a donation is made through credit card fraud, other fraud or illegal means, Vibrerlocal may, at its discretion, cancel, refuse to honor and/or confiscate such VIBZs, suspend the Member, enforce all rights and pursue all available remedies.
10.12 By receiving one or more VIBZs, the Donor declares and guarantees
- That he/she understands and accepts the definition and use of a VIBZs and more specifically that he/she does not consider a VIBZs as a currency, nor as a speculative investment.
- That he/she is legally entitled to receive one or more VIBZs according to the jurisdiction governing the ToU and according to the law of his/her own country of residence and/or province of residence (as indicated in his/her Account).
- That he/she is of legal age to receive one or more VIBZs.
- That he/she will use the VIBZs in accordance with the conditions set forth in the ToU.
- That he/she acknowledges that the Site is under development, that it may undergo major changes, that it may operate for an indefinite period of time, or even never operate at all.
- That he/she accepts that during an indefinite period, linked to the development of the Site, he/she will not be able to exchange his/her VIBZs or obtain the identification numbers of his/her VIBZs.
- That his or her primary motivation for receiving one or more VIBZs is to support the development of the Site so that Vibrerlocal can implement all of the Site's Services.
- That he/she agrees that networks similar to the Site may be developed by other individuals or companies independent of Vibrerlocal and that a VIBZs may not be transferred or used outside the Site.
- That he/she agrees that to the extent permitted by applicable law, the VIBZs received and any associated Services are provided "as is" without warranty, representation, or condition of any kind, either express or implied, including, but not limited to, any implied warranties, representations, or conditions of quality, merchantability, merchantable quality, fitness for a particular purpose, or non-infringement, all of which are hereby disclaimed to the fullest extent permitted by law.
- That he/she agrees that to the extent permitted by applicable law, in no event shall Vibrerlocal be liable for any special, indirect, incidental or consequential damages incurred in connection with these ToU regardless of the origin or form of action, claim or demand, whether based on obtaining one or more VIBZs or on damages, including negligence, and even if such damages are foreseeable or Vibrerlocal has been advised of the possibility of such damages.
- That he/she agrees that under no circumstances, to the extent permitted by applicable law, will Vibrerlocal's related parties be held liable for more than the amount paid for their VIBZs.
- That he/she agrees that in order to reduce the risk of fraud, phishing or other dishonest actions, he or she will not respond to any email related to his or her donation and subsequent receipt of one or more VIBZs, even if that request appears to come from Vibrerlocal. Vibrerlocal may send informational emails but will never require a response or information from the Donor related to his/her donation and subsequent receipt of one or more VIBZs.
- That he/she assumes all possible risks associated with obtaining one or more VIBZs.
- That he or she accepts that the legislation covering the holding of a VIBZs may change and force Vibrerlocal to cease all VIBZs-related activities.
11.1 A Member agrees that Vibrerlocal may record his/her Behavior on the Site. The term Behavior includes, but is not limited to: the frequency of visits, the pages of the Site that the Member visits, the Services that the Member uses, the number of exchanges that the Member offers or makes, the number of postings, the number of comments, the number of meetings with other Members. As defined, this Behavior is hereinafter referred to as "Site Usage".
11.2 Based on his or her Site Usage, a Member agrees that he or she may be classified by Vibrerlocal in comparison to the Site Usage of other Members, selected by and in the sole discretion of Vibrerlocal. As defined, each Member receives its own "Rating" which varies over time.
11.3 The Member agrees that his or her Rating may be published on the Site in any form Vibrerlocal chooses.
11.4 The purpose of this Rating is for Vibrerlocal to distinguish and reward the most active and motivated Members.
12.1 The use of the Site is free for a Member. However, the existence, maintenance and development of the Site involves costs for Vibrerlocal. Consequently, in order to cover these costs, VL ASBL accepts with gratitude all donations made by the Members to allow the Site to subsist and develop. For this purpose, a specific section of the Site displays some or all of the following information:
- A Member's own usage of the Services during the month ;
- the corresponding cost of that use incurred by Vibrerlocal;
- various information namely on the donations received by VL ASBL and the overall costs incurred;
- a suggested donation amount.
12.2 On this basis, a Member may, if he/she wishes, make a specific donation, referred to as a Usage Donation, to cover the costs associated with his use.
12.3 A Usage Donation is made on a voluntary basis.
12.4 A Usage Donation is made using the Online Payment Method available on the Site.
12.5 Usage of the Site does not imply that a Member is required to make a Usage Donation
12.6 The amount given in a Usage Donation is entirely at the Member's discretion.
12.7 A Usage Donation is not used to support projects within the framework of Micro-Financing projects.
12.8 A Donation for Use cannot be refunded by VL ASBL.
13.1.1 As part of the Services available on the Site, VibrateLocal allows,
a) a Donor to freely make a Donation for Use;
b) under certain conditions, a Project Sponsor to introduce on the Site, a Micro-financing Request on behalf of a Beneficiary;
c) VL ASBL to organize fundraising events, in order to give the possibility to Donors to freely make monetary donations to VL ASBL to enable it, under certain conditions and to the extent possible, to financially support certain Projects, by responding to their respective Micro-Financing Requests.
13.1.2 Neither Vibrerlocal, a Project Sponsor nor a Beneficiary will provide goods or services to a Donor in exchange for a donation.
13.1.3 VL ASBL does not issue a certificate for the purpose of receiving a tax deduction for a Donor.
13.2 Micro-financing request
13.2.1 In accordance with its corporate purpose, VL ASBL may provide financial support to certain Projects by organizing fundraising activities via the Site.
13.2.2 A Micro-financing Request is submitted by a Project Sponsor in a dedicated section of the Site and is initially visible only to certain Members with dedicated access rights.
13.2.3 If VL ASBL agrees to support a Micro-financing Request by organizing a fundraising event, this Micro-financing Request is then qualified as "published" on the Site, i.e. it becomes visible to all Members and a corresponding Specific Project Pot is created in order to allow Donors to fund it freely.
13.2.4 VL ASBL decides at its sole discretion and without having to justify itself whether a Micro-financing Request can be published on the Site. VL ASBL reserves the right to refuse, at its sole discretion and without having to justify itself, the publication of a Micro-financing Request.
13.2.5 Vibrerlocal may decide at any time and at its sole discretion to discontinue an ongoing Micro-financing Request, close the corresponding Specific Project Pot and refund the accumulated donations in that pot to the respective Donors and/or take any action Vibrerlocal deems necessary to protect the interests of Vibrerlocal and the Members. Vibrerlocal may take such actions, including, without limitation, if Vibrerlocal believes or determines, in its sole and absolute discretion, that: (i) the information provided by the Project Sponsor is false, misleading or fraudulent or that the funds will be used for a prohibited purpose, (ii) the Project Sponsor and/or Beneficiary has violated this ToU, (iii) the Project Sponsor and/or Beneficiary colludes with Donors to conduct fraudulent activities, (iv) suspicious or fraudulent donations may be made, or (v) to comply with a court order, subpoena, summons, injunction or applicable laws and regulations.
13.2.6 A Member may not assume that VL ASBL has more information about a Project Sponsor, a Micro-financing Request or a Beneficiary than that published on the Site.
13.2.7 Once published, a Project Sponsor may complete its Micro-financing Request in order to provide Members with additional information but may not in any way modify the essence of its initial publication.
13.2.8 The fact that VL ASBL does not publish a Request for Micro-financing does not in itself lead to the assumption that VL ASBL has a bad opinion of the corresponding Project and vice versa.
13.2.9 In order for a Micro-financing Request to be published, a Project Sponsor must meet certain conditions and provide VL ASBL and possibly the Partner Association designated by VL ASBL with a certain amount of information while guaranteeing its truthfulness and accuracy.
13.2.10 These conditions and requested information are accessible by a Project Sponsor in a dedicated section of the Site, generally identified by "Good to Know" and are referred to in these ToU as "Conditions Necessary to Publish a Micro-Financing Request".
13.2.11 Among these conditions, a Project Sponsor understands and accepts that VL ASBL may, at its sole discretion and without having to justify itself, request a Partner Association designated by VL ASBL and whose contact details are displayed on the Site, to contact this Project Sponsor in order to provide information and answer certain questions.
13.2.12 VL ASBL may, but is not obliged to, ask a Project Sponsor to clarify or, if necessary, correct its Micro-financing Request before it is published in order to allow Donors to have the most relevant information possible.
13.2.13 When a Micro-financing request for a certain Project is closed, a new Micro-financing request may be submitted for the same Project, provided it meets the Conditions Necessary to Publish a Micro-financing Request.
13.2.14 At the end of the Collection Period of a Micro-financing Request, a mention is then published on the Site indicating that this one is closed with or without success according to whether the totality of the collected donations is superior or inferior to the requested amount.
13.2.15 A Micro-financing Request cannot exceed the equivalent of five thousand euros. When a request for Micro-financing for a certain Project is closed, a new request for Micro-financing can be introduced for this same Project taking into account that the total amount requested per Project during the same calendar year cannot exceed the equivalent of ten thousand euros.
13.12.16 The same Project Sponsor may make different Micro-financing Requests for different projects, taking into account that the total amount requested for these different Projects, over the same calendar year, may not exceed the equivalent of ten thousand euros.
13.12.17 A Micro-financing Request may be made in the currency specified in the section dedicated to Micro-financing on the Site. This currency can be, in some cases, a local currency like for example, the Beki, the local currency of the canton Redange in Luxembourg.
13.2.18 A project owner who wishes to discontinue a published Micro-financing Request must contact Vibrerlocal via the contact form.
13.3 Role and responsibility of a Project Sponsor and a Beneficiary
13.3. 1 A Project Sponsor agrees, represents, warrants and undertakes that: (i) all the information he/she provides in relation to his/her identity, his/her Micro-financing Request or a Beneficiary is accurate and complete and is not of such a nature as to mislead reasonable Donors; (ii) all the amounts received by the Beneficiary in the framework of his/her Micro-financing Request will be used exclusively as indicated in the contents that the Project Sponsor publishes or provides in particular in his/her Micro-financing Request and more generally on the Site ; (iv) it shall comply with all applicable laws and financial reporting requirements, including laws and regulations relating to registration, income reporting, political contributions and asset declaration for its project; (v) to the extent that he or she shares third party personal data with Vibrerlocal for any purpose, including the names, email addresses and telephone numbers of his or her personal contacts, he or she shall have the authority (and necessary consents), in accordance with applicable law, to provide Vibrerlocal with such personal data and to authorize Vibrerlocal to use such data for the purposes for which he or she provided it to Vibrerlocal; and (vi) will not provide or offer to provide any goods or services other than those set forth in the Advertising Agreement (see below) in exchange for the amounts received.
13.3.2 A Project Sponsor authorizes Vibrerlocal to, and Vibrerlocal reserves the right to, provide information relating to its micro-financing request to the Donors, the corresponding Beneficiary, the police or the courts and to cooperate with any investigation.
13.3. 3. A Project Sponsor represents and warrants that (a) it is a representative of the Beneficiary authorized to make a Micro-financing Request on behalf of the Beneficiary and to bind the Beneficiary to these ToU; (b) that he/she is applying for Micro-financing for a Beneficiary whose cause or activity is legal under all applicable public, national, federal, state, provincial, territorial and local laws and regulations; (c) that all amounts received will be used only for the purposes he/she has indicated in his/her Micro-financing Request and that he/she will not use the funds for any other purposes.
13.3.4 A Project Sponsor and/or a Member, agrees and declares, guarantees and undertakes not to use the Site to publish a Project, raise funds, create or contribute to a fundraising event, create a Kitty with the implicit or explicit objective of promoting or involving:
1. violation of any law, regulation, industry standard or third party guidelines or agreements by which it is bound, including those of payment card providers and providers related to the Online Payment Method available on the Site;
2. election campaigns that are not managed by a registered organization in the Covered Country;
3. any content or fundraising that is fraudulent, misleading, inaccurate, dishonest or impossible
4. drugs, narcotics, steroids, controlled substances, medications or similar products/treatments that are illegal or prohibited by a competent regulatory body; legal substances that cause the same effects as a drug; other products, medical practices or any related equipment and accessories that have been determined to be dangerous by a competent regulatory body;
5. knives, explosives, ammunition, firearms or other weapons or accessories;
6. Annuities, investments, loans, equity or lottery contracts, "lay-away" schemes, off-shore banking or similar activities, financial services activities (including currency exchange, check cashing or similar activities), pyramid schemes, "get-rich-quick schemes" (i.e., investment opportunities or other purportedly lucrative services), "network marketing" and "referral marketing" programs, debt collection, or cryptocurrencies;
7. games of chance, gambling and/or any other activity with an entry fee and a prize, including, without limitation, raffles, casino games, fantasy games, virtual sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other businesses facilitating gambling, games of skill or chance (whether or not defined by law as a lottery), promotions with monetary rewards, including gift cards or raffles;
8. any content that reflects or promotes conduct that Vibrerlocal considers, in its sole discretion, to be an instance of abuse of power or incitement to hatred, violence, harassment, intimidation, discrimination, terrorism or intolerance in any form, and in connection with race, ethnic or national origin, religious belief, sexual orientation, gender, gender identity, gender expression, disabilities or serious illnesses ;
9. defense of alleged crimes of incitement to hatred, violence, harassment, intimidation, discrimination, terrorism, or intolerance in any form, and in connection with race, ethnic or national origin, religious creed, sexual orientation, gender, gender identity, gender expression, disability, or serious illness, financial crimes or misdemeanors, or scams;
10. activities with, in or involving or benefiting countries, regions, states, persons, organizations or entities subject to economic sanctions or embargoes under applicable law, unless such activities are expressly authorized by the appropriate authority;
11. financing of ransom demands, human trafficking or exploitation, vigilante groups, bribery or personal gratification;
12. Pornography or other sexual content;
13. offensive, crude, perverse or sensitive content;
14. credit repair or debt settlement services;
15. receipt or extension of cash advances or lines of credit to the Beneficiary or Project Sponsor or any other person for purposes other than those clearly stated in the Project;
16. publishing content (e.g., photos) that Vibrerlocal, in its sole discretion, believes is primarily intended to damage the reputation of others or Vibrerlocal
17. The sale or resale of any goods or services;
18. Aggregating funds owed to others, factoring or other activities designed to disguise the origin of funds;
19. infringement of licensed music, movies, software or other materials without proper authorization from the rights holder;
20. Products or services that directly infringe or facilitate the infringement of a trademark, patent, copyright, trade secret, or other proprietary or privacy rights of another;
21. Unauthorized sale or resale of a brand name or designer goods or services;
22. The sale of goods or services that have been illegally imported or exported;
23. an activity to obtain, collect or publish personal data of third parties;
24. Activity to collect funds for a minor without the express permission of the minor's legal representative, unless the funds are transferred to a trust account for the exclusive benefit of the minor;
23. any other activity that Vibrerlocal may determine in its sole discretion to be support for persons and/or entities associated with alleged financial crimes, including bribery, tax evasion, fraud and similar activities
24. Any other activity that Vibrerlocal may deem, in its sole discretion, to be unacceptable.
The above list is illustrative and not exhaustive.
13.3.5 A Project Sponsor, acting as a representative of the Beneficiary, shall be invited by the Site to register with the Payment Processor who shall proceed to certain verifications. This Project Sponsor may not under any circumstances make false representations or refuse to respond to the Payment Processor's requests, failing which his Micro-financing Request will not be published.
13.3.6 If the Payment Processor does not validate the registration of a Beneficiary, the corresponding Micro-financing Request will not be published.
13.3.7 A Beneficiary understands and agrees that the amount paid to him/her from a Pot will be reduced by the corresponding Transaction Fees Linked to a Beneficiary.
13.4 Role and responsibility of VL ASBL and Vibrerlocal
13.4.1 Vibrerlocal is neither a broker, nor a financial institution, nor an agent, nor a creditor, nor a provider of participatory finance services. Vibrerlocal does NOT offer a type of intermediation where, without taking any risk itself, Vibrerlocal would operate a publicly accessible digital platform to make or facilitate the connection of potential investors or lenders with entrepreneurs seeking financing. Such financing could take the form of loans or the acquisition of securities or other instruments accepted for participatory financing. Therefore, Vibrerlocal does NOT fall within the scope of the EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EU) 2020/1503 of October 7, 2020.
13.4.2 VL ASBL organizes, via the Site, fundraising events in order to offer the possibility to Donors to freely make donations via the Site to VL ASBL to enable VL ASBL to support certain Micro-financing Requests published on the Site.
13.4.3 VL ASBL receives donations freely made by Donors via the Site and collects these donations in Kitty Groups.
13.4.4 In the context of a fundraising campaign carried out by VL ASBL, a Donor may freely make a donation from a dedicated section of the Site using an Online Payment Method.
13.4.5 The information and content made available to Members by Vibrerlocal on the Site regarding the Services in general and regarding Micro-Financing Projects and Requests in particular, is for informational purposes only, and Vibrerlocal does not guarantee the accuracy, completeness, timeliness or reliability of such information or content. None of the content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding Project Owners, Beneficiaries, Projects, donations or more generally any information or content related to the Services, a Member is advised to consult with his or her financial, legal, tax or other professional advisor, as appropriate. A Member agrees and acknowledges that he or she consults the information and content accessed through the Services at his or her own risk.
13.4.6 Vibrerlocal has no control over the conduct of a Project Sponsor or Beneficiary or the information provided by a Project Sponsor and hereby disclaims any liability in this regard to the extent permitted by applicable law. VL ASBL does not guarantee that it will receive donations or a certain amount of donations in response to a Micro-financing Request. Apart from the money received via donations made freely by Donors, in order to feed a Specific Project Pot to support the corresponding Project, VL ASBL does not financially support any Micro-financing Request, any Member, any Project Sponsor, any Beneficiary, or any specific cause. VL ASBL makes no warranty, express or implied, as to the accuracy of the information provided through the Services on the Site. VL ASBL expressly disclaims any responsibility for the outcome or success of any response to a Micro-financing Request.
13.4.7 The Site allows Project Owners to submit a Micro-financing Request. VL ASBL may, at its own discretion, publish this Request for Micro-financing in order to give Donors the opportunity to make, according to their own decisions, donations to VL ASBL to enable it to respond to this Request for Micro-financing.
13.4.8 As part of the Services offered by the Site,
- Vibrerlocal provides the technology for Project Owners to express their micro-financing Requests and for Donors to freely respond to certain micro-financing Requests.
- Vibrerlocal has an internal process to verify that a Micro-financing Request is posted in accordance with this TOU, but a Project Sponsor remains solely responsible for any false, incorrect or incomplete information they provide.
13.4.9 The existence of the Services is not a solicitation of donations by Vibrerlocal, and Vibrerlocal does not engage in any solicitation activity, nor does Vibrerlocal advise on the solicitation of donations from the public on behalf of any person, entity or organization. By using the Services, a Member understands and agrees that Vibrerlocal is not responsible for the use of his or her donation(s) or the amount of the Pot(s) by a Beneficiary.
13.4.10 Vibrerlocal does not at any time have personal data related to a Donor's payment method. This data is directly requested and recorded by the Payment Processor.
13.4.11 Other than as set forth in these ToU and other than the information published in the list of donors on the Site, Vibrerlocal does not share with anyone in general, or with Project Sponsors in particular, any information it possesses regarding the Donors.
13.4.12 A Member, Donor, Project Sponsor or Beneficiary understands and agrees that, to the extent permitted by applicable law, neither Vibrerlocal nor the Partner Associations shall be liable for any damages and/or losses resulting from the use of or inability to use the Site and Services or resulting from the failure of any Member, Donor, Project Sponsor or Beneficiary to comply with these ToU.
13.5 Pot and choice of Projects that VL ASBL proposes to support
13.5.1 Regardless of any financial need expressed by a Member on the Site or on other websites, the only Projects that VL ASBL proposes to support financially via the Site are those for which a micro-financing Request has been published on the Site.
13.5.2 In order to respond to a Micro-financing Request, VL ASBL relies exclusively on donations made freely by Donors in order to feed the Pots.
13.5.2 A Donor can freely choose to support one (or more) particular Project(s) by paying his donation(s) into the corresponding Specific Project Pot(s)
13.5.3 A donation may be made in the currency specified in the section dedicated to donations on the Site. This currency can be, in some cases, a local currency such as, for example, the Beki, the local currency of the canton Redange in Luxembourg.
13.5.4 The money contained in the different Pots is partly deposited on the bank account of VL ASBL and partly kept by the Payment Processor.
13.5.5 The amount available in a Pot is displayed in a dedicated section of the Website.
13.5.6 When a Micro-financing Request for a Project is published, the corresponding Specific Project Pot is created.
13.5.7 A Donor may freely make one or more donations to the same Specific Project Pot only during the corresponding Collection Period.
13.5.8 A Donor may freely make one or more donations to the same Specific Project Pot, but the total amount donated to the same Specific Project Pot is limited to the equivalent of five hundred euros.
13.5.9 A Donor may freely make one or more donations to feed all of the Pot Groups, but the total amount of his donations is limited to the equivalent of five thousand euros per calendar year
13.5.10 The total amount of donations collected in a Specific Project Pot may exceed the amount indicated in the corresponding Micro-financing Request but may not exceed the limit indicated in 13.2.15.
13.5.11 At the end of the Collection Period corresponding to a Specific Project Pot:
- It becomes impossible for a Donor to fund that Specific Project Pot;
- Insofar as the conditions are fulfilled by the corresponding Beneficiary, VL ASBL transfers to the Beneficiary, within a reasonable time, the amount accumulated in this Specific Project Pot. This payment is made via the Payment Processor, taking into account the Transaction Fees linked to a Beneficiary.
- A dedicated section of the Website then indicates that VL ASBL has met the Micro-financing Need.
13.5.12 If VL ASBL has not accumulated in a Specific Project Pot, at the end of the corresponding Collection Period, an amount corresponding to the Micro-financing Request, VL ASBL undertakes to return to the Donors the donations they have freely made to fund this Specific Project Pot, within a reasonable time and taking into account that the Transaction Fees linked to a Donation to a Pot cannot be fully refunded.
13.5.13 If at the end of the Collection Period, the corresponding Micro-financing Request did not receive sufficient financial support, a Donor who contributed to that request will receive an email from Vibrerlocal informing him/her that the collection has failed and that he/she will be reimbursed for the donation(s) he/she made for that request.
13.5.14 If at the end of the Collection Period, the corresponding Micro-financing Request has received sufficient financial support, a Donor who contributed to that request will receive an email from Vibrerlocal informing him/her of the success of the collection and the number of VIBZs (if any) corresponding to the donation(s) he/she made for that request.
13.5.15 A Member understands and agrees that VL ASBL may not be able to respond to all Micro-financing Requests.
13.6 Conditions to be met by a Beneficiary to receive financial support from VL ASBL
13.6.1 Vibrerlocal reserves the right, at any time and at its sole discretion, not to support a Micro-financing Request and to return any donations accumulated in the corresponding Specific Project Pot to the corresponding Donors.
In order to receive financial support from VL ASBL, it is necessary, among other things, that at the time of payment, the Conditions Necessary to Publish a Micro-financing Request are always fulfilled by the Project Sponsor as well as by the Beneficiary and that they respect the present ToU.
13.6.2 At the end of a fundraising, VL ASBL endeavors, within a reasonable time, to make the collected funds available to the Beneficiary but the Beneficiary, through the intermediary of the Project Sponsor acting as its representative, acknowledges and agrees that: (i) the funds collected may not be available immediately, (ii) VL ASBL does not guarantee that the funds collected will be available to it within a specific timeframe, and (iii) VL ASBL expressly disclaims any liability for any delay in the disbursement of the funds collected and/or inability to access and use the funds collected at a specific time, and any consequences arising there from. A Project Sponsor and/or Beneficiary must ensure that the information they provide to VL ASBL and/or the Payment Processor to receive the funds collected, including their bank details, is accurate and up to date. VL ASBL may at any time, for any reason, without notice and at its sole discretion, offer or make a refund of one or more donations, which may affect the total amount of donations made to a Specific Project Pot. VL ASBL shall not be liable to the corresponding Beneficiary or any third party for any claims, damages, fees, losses or other consequences due to the issuance of a refund by VL ASBL, including, without limitation, transaction or overdraft fees.
13.6.3 The Member understands and accepts that in order to find new Members, VL ASBL intends, among other things, to advertise in a conventional manner.
13.6.4 The Requirements for Posting a Micro-financing Request include the need for a Beneficiary to first enter into a specific advertising agreement with Vibrerlocal, hereinafter referred to as the "Advertising Agreement".
This Advertising Agreement authorizes Vibrerlocal, if the corresponding Micro-financing Request is met, to present the corresponding Project and all related information published on the Site, in all communications made by Vibrerlocal and in all possible forms such as, for example, in the form of a publicity film on the Project made by Vibrerlocal and/or interview(s) of the Project promoters.
This Advertising Agreement may also require the Beneficiary to advertise the support provided by the Site and VL ASBL. This publicity will depend on the amount received by the Beneficiary and may take the form of
- Visible advertising inserts where the Project was carried out (for example in the form of a plaque stating "This was made possible thanks to Vibrerlocal.com");
- A commitment on the part of the Beneficiary to make an advertising video and to publish articles presenting the Project in an ad hoc space within the Site and/or on other websites and/or magazines.
13.6.5 Depending on its legal nature, a Beneficiary may not be able to accept a donation from VL ASBL. In the event that the Project and the corresponding Beneficiary are of a commercial or profit-making nature, the Advertising Contract will necessarily stipulate the need for the Beneficiary to issue an invoice for the advertising service that VL ASBL will purchase. Otherwise, the Advertising Contract will stipulate that VL ASBL will make a donation to the Beneficiary.
13.7 Role and responsibility of a Donor
13.7.1 As described in these ToU and on the Website, a Donor who freely contributes to a Pot understands and accepts that he/she is freely contributing to the financing by donation of one or more Projects and that it is VL ASBL that manages the Pots.
13.7.2 A dedicated section of the Website allows a Donor to freely make one (or more) donation(s) to fund one or more Specific Project Pot(s).
13.7.3 A dedicated section of the Website allows a Donor to view the amounts contained in one or more Specific Project Pot(s).
13.7.4 A Transaction Fee linked to a Donation to a Kitty is deducted from all donations made by a Donor before a Pot can be funded. Details of the fees charged are displayed on the site when the Donor makes a donation.
13.7.5 As a Donor, you are free to decide the amount and appropriateness of any contribution to a Pot or any Donations for Use.
13.7.6 A Donor understands and agrees that he or she makes a donation freely at his or her own risk.
13.7.7 A Donor acknowledges that a donation to a Specific Project Pot is final and will be refunded only if the corresponding Micro-financing Request is not met as set forth in 13.5.12.
13.7.8 By agreeing to these ToU, a Donor understands and accepts how their donation will be used.
13.7.9 A Donor understands and agrees that Vibrerlocal
- is not responsible for Micro-financing Requests;
- does not and cannot verify the information posted by a Project Sponsor;
- cannot guarantee that a Project Sponsor and/or Beneficiary will use the money they may receive from VL ASBL in accordance with the corresponding Micro-financing Request published on the Site.
13.7.10 A Donor may not prejudge that VL ASBL which authorizes the publication of a Micro-financing Request has information other than that published on the Site.
13.7.11 A Donor may not impose restrictions on the use of its donation.
13.8 Compliance with ToU and legislation
13.8. 1 In case a published Micro-financing Request is contrary to the ToU and/or contrary to the applicable legislation and/or regulations and/or it is likely to infringe public order, good morals the fight against money laundering and the financing of terrorism and more generally at its sole discretion, Vibrerlocal reserves the right to temporarily or permanently block the possibility for a Member to make donations to the corresponding Specific Project Pot and/or to return to one or more Member(s) the donations that he/she/they have made to this Pot.
13.8.2 A Donor agrees, represents, warrants and undertakes not to make any donation which he/she knows or suspects to be erroneous, questionable or fraudulent.
13.8. 3. A Donor and/or Project Sponsor and/or Beneficiary agrees, represents, warrants and covenants that it will, at Vibrerlocal's request, cooperate fully in any audit, investigation (including any investigation conducted by Vibrerlocal, a Payment Processor a Partner Association designated by Vibrerlocal, or a regulatory, judicial or governmental authority) or remedial efforts to address any alleged or discovered violation or misconduct by a Member, a Micro-financing Request or a donation to which it is related.
13.8.4 Vibrerlocal reserves the right to refuse, condition or suspend any donation, payment or other transaction that it believes may violate the ToU or harm the interests of Members, business partners, the public or Vibrerlocal, or that exposes a Member or exposes Vibrerlocal, or others to risks unacceptable to Vibrerlocal. Vibrerlocal may share information about a Member's use of the Site with a financial institution, appropriate regulatory agency or relevant authorities to meet its legal or contractual obligations. This information may include information about a Member, his or her Account, Donors, Project Owners, Beneficiaries, donations and transactions made by a Member through or in connection with his or her use of the Site.
13.8.5 A Project must comply with this ToU. Vibrerlocal reserves the right, in its sole discretion, to remove a Project that violates any term or the spirit of this ToU.
13.8.6 A Project Sponsor agrees, represents, warrants and covenants that it will retain a copy of all electronic and other records relating to its Project and Micro-financing Request necessary for Vibrerlocal and/or any Partner Association designated by Vibrerlocal to verify compliance with this ToU, and deliver such records to Vibrerlocal and/or any Partner Association designated by Vibrerlocal upon request. For the avoidance of doubt, the foregoing does not affect or limit Project Sponsor's obligations to maintain records in accordance with applicable laws, rules, or regulations or as required by applicable authorities.
13.8.7 Project Sponsor agrees to cooperate fully with Vibrerlocal and any Partner Association designated by Vibrerlocal in responding to any request to produce evidence that Vibrerlocal deems necessary to verify compliance with this ToU. Vibrerlocal and/or any Partner Association designated by Vibrerlocal reserves the right to make any and all inquiries and review any available content, including, without limitation, social media, related news, and any other information it deems necessary to verify compliance of a Project and/or Microfinancing Request with this ToU.
13.8.8 A Project Sponsor or Beneficiary is solely responsible for complying with all applicable laws in connection with its Micro-financing Request.
13.8.9 If a Member has reason to believe that a Project Sponsor or Beneficiary is not in compliance with this ToU, Vibrerlocal encourages the Member to report this via the contact form.
13.9 Payment Processor
13.9.1 Vibrerlocal is not itself a Payment Processor. Vibrerlocal uses a third party payment processing partner to process donations received by a Donor and/or to make payment(s) to a Beneficiary represented by their corresponding Project Sponsor.
13.9.2 Certain aspects of the Services may also require a Donor and/or Beneficiary to
a) register with a Payment Processor, with whom Vibrerlocal has entered into one or more agreements, and
b) Accept the terms and conditions of the respective Payment Processor in order to be eligible for its services.
13.9.3 If Vibrerlocal or any of its Payment Processors discovers at any time that the information regarding a Donor, Project Sponsor, Beneficiary or the purpose of their Micro-financing Request is incorrect or in violation of this ToU or theirs, such violator's access to the Services may be suspended and/or terminated effective immediately and fines may be imposed by the appropriate authorities, which fines such violator shall be responsible for paying in all relevant cases.
13.9.5 In order to make a donation, a Donor must provide the Payment Processor with information regarding a credit card or other payment method associated with that Donor. A Donor represents and warrants that such information is true, accurate and current and that the Donor is authorized to use the credit card or payment method in question.
13.9.6 By making a Donation or receiving funds, a Donor and/or Beneficiary agrees to the processing, use, transfer or disclosure of his or her data by the Payment Processor in accordance with this ToU and any applicable terms and conditions of the Payment Processor.
14.1 Vibrerlocal encourages Members to use appropriate safety precautions based on their knowledge of the other Member. Particularly, to exercise maximum caution when traveling to another Member's home or performing a home service for another Member.
14.2 The notion of Member or Community is in no way a notion of security. Members meeting each other shall take all necessary safety precautions. This meeting shall be conducted with the same levels of security as if it was with a stranger. Vibrerlocal cannot be held responsible for any illegitimate behavior resulting from these encounters and urges Members to exercise maximum caution.
15.1 Possible conflicts between Members will be resolved through dialogue and, if necessary, mediation.
15.2 In the event of a dispute between Members and if no amicable resolution is possible, Vibrerlocal shall be notified via the contact form or ad hoc functionality available on the Site. Vibrerlocal reserves the right to investigate and write to the Member(s) concerned and if necessary block the corresponding Access Account(s) for the good of the Community.
16.1 It is Vibrerlocal's intention to provide the most transparent, accurate and complete disclosure of Site-related Data.
16.2 This Site-related Data includes financial information related to Vibrerlocal and the Site, VIBZs, as well as statistics related to Members, projects and Site usage.
16.3 Vibrerlocal is not responsible for any inadvertent errors in the publication of this Site-Related Data.
17.1 Vibrerlocal contributes within its means, to the fight against money laundering and terrorism financing.
17.2 In this context, Vibrerlocal voluntarily undertakes to report to the competent authorities any information on a Member, transactions or projects which could seem suspicious.
17.3 Accordingly, a Member acknowledges and agrees that Vibrerlocal may be required to disclose to regulatory or governmental authorities or their agencies any information about the Member or the services Vibrerlocal provides if:
a. required by law; or
b. Vibrerlocal determines that disclosure of such information is necessary to combat fraudulent practices, money laundering or other criminal activity.
17.4 Vibrerlocal reserves the right to request the source of funds (salary, income, savings, loan, loan, gift, pension, government benefits, social benefits, inheritance) for donations made by a Member
17.5 Vibrerlocal reserves the right to refuse a donation from a Member or all Members in a given country.
17.6 A donation is made exclusively through the Online Payment Method available on the Site.
17.7 Vibrerlocal shall not be liable to any Member for fraudulent use of the Online Payment Method.
17.8 If a donation is made through credit card fraud, other fraud or illegal means, Vibrerlocal may, at its discretion, suspend the corresponding Member, enforce all rights and implement all available legal remedies.
20.1 If there is any discrepancy in the interpretation of the English, French or German versions of these TOU, the French version prevails.
v. 2.1, Aug. 3, 2022, 1:58 p.m.
The term "cookie" indicates the totality of the tracers deposited and/or read, for example, at the time of the consultation of a Web site or an advertisement. It is information stored on the hard disk of the terminal (computer, tablet, mobile) of the Internet user by the server of the site. It can only be read by its issuer and allows, during its period of validity, to recognize your browser during your visit or during a subsequent visit. The cookie does not identify you personally but only the browser of your terminal and does not have access to any other information on your terminal. Cookies often ensure a generally easier and faster interaction between the visitor and the website. They remember your preferences and allow you to access the site faster and more easily. In addition, they can help you navigate between different parts of the website. Some cookies may also be used to make the content of a website or advertising on that website more relevant to the visitor and to tailor the website to the visitor's personal tastes and needs.
The Member can refuse the installation of cookies through the settings of his browser.
1. Your consent
2. The different types of cookies used
2.1. Essential cookies
Certain technical cookies are essential for all navigation and use of the Site. These cookies do not contain any personal data other than encrypted keys necessary for the Member's navigation on the Site. They are, for example, intended to memorize and authenticate the connected Member and to help him/her return to previous pages. The Member's browser settings allow him/her to control these cookies, but prohibiting them will prevent the Site from functioning properly.
2.2 Statistical cookies
Statistical cookies (or analytical cookies), collect information about the Member's navigation on the Site and allow Vibrerlocal to improve usability. The statistical analysis is strictly anonymous and allows Vibrerlocal to identify the most or least visited pages, to know the global habits of use and to detect the possible difficulties of navigation on the Site. More information?
2.3 Social Network Cookies
The Site may contain cookies related to sharing links to Facebook and other similar social networks. These sharing links redirect the Member to the respective environments of the different social networks and therefore depend on their own Cookies Policies. For example, if a Member is connected to the Site, he or she will find a Facebook icon at the bottom left corner allowing him or her to share a message on this social network, which implies a Facebook cookie. If the Member does not want the Site to record cookies allowing interaction with social networks, he/she can express his/her choice directly on :
Facebook: Deactivation link
Google: Deactivation link
Youtube: Deactivation link
Vimeo: Deactivation link
3. How does a Member exercise their choices, depending on the browser they are using?
For Internet Explorer: Manage
For Edge: Manage
For Safari: Manage
For Chrome: Manage
For Firefox: Manage
For Opera : Manage
For Brave: Manage
For other browsers: the Member is requested to refer to the help section of his browser.
4. Refusal of cookies
If the Member refuses the recording of certain types of cookies (essential Cookies e.g.) in its terminal, or if the Member deletes those which are recorded there, he will not be able to enjoy a certain number of functionalities which are nevertheless necessary to navigate on the Site.
If necessary, Vibrerlocal declines any responsibility for the consequences related to the degraded operation of our Services resulting from the impossibility for Vibrerlocal to record or consult the cookies necessary to the proper operation of those Services due to the fact that the Member would have refused or removed the corresponding cookies.
Vibrerlocal collects the information provided at the time of a Member's registration and while using the Site, in order to customize the Member's experience, improve the Site and the Services offered.
Vibrerlocal may also release information about its Members to comply with the law, enforce Site policy, or protect the rights, property or safety of Vibrerlocal or others.
Vibrerlocal uses integrated video conferencing (vonage.com) and geolocation (Google Map) technology on the Site. The Member is deemed to have read and accepted the privacy policies of these technology providers.
Vibrerlocal complies with legal requirements regarding the protection of children's privacy on the Internet and does not collect information from anyone under the age of 13. To be a Member of the Site, it is necessary to be legally an adult.
By registering, a Member agrees to these Confidentiality Clauses.
A Member is advised that these Confidentiality Clauses are subject to change by Vibrerlocal. Each Member is encouraged to review these clauses regularly in order to take note of any changes. A Member's continued use of the Site, while these Confidentiality Clauses are modified, constitutes his acceptance of the updated Confidentiality Clauses, as they are in effect.
v. 2.0, March 17, 2021, midnight