TERMS AND CONDITIONS
In these Terms, we refer to those raising funds as “Campaign Creator” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Donators” and to the donations they contribute as “Payment, Donations or Funds” respectively. Campaign Owners, Donators and other visitors to the Website and its services are referred to collectively as “Users.”
- PROHIBITED CAMPAIGNS
1.1 Campaign Creators are not permitted to offer or provide any of the following as a campaign:
- any form of “security” (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any human remains, such as bones or skulls;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
2.1 Contributors are solely responsible for asking questions and investigating Campaign Creators and Campaigns to the extent they feel is necessary before making a donation. All donations are made voluntarily and at the sole discretion and risk of the donator. Krowding does not guarantee that donations will be used as promised, that Campaign Creators will deliver, or that the Campaign will achieve its goals. Krowding does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Campaign Creator or Donation, or the truth or accuracy of User Content posted on the Services. Donators are solely responsible for determining how to treat their donation and receipt of any payment for tax purposes. If a donation is returned to a donator, the associated payment, if any, shall be canceled.
- CAMPAIGN CREATORS
- CREATING AN ACCOUNT
4.1 You are free to browse the Website without creating a User account (an “Account”). However, in order to:
- (a) create a Campaign; and/or
- (b) interact with other Users, you will need to register an Account and become a User.
4.2 To be eligible to create an Account, you must:
- (a) be 18 years of age or older;
- (b) be a resident of the United Kingdom;
- (c) have a UK bank account; and
- (d) provide information to Krowding as detailed below.
4.4 Before finalising the creation of an Account, you must explicitly accept:
- (a) the terms and conditions; and
- (b) the Stripe General Terms and Conditions of Use (http://www.Stripe.com/wp-content/blogs.dir/10/files/2013/06/EN-Terms-and-conditions-of-Stripe-May-20131.pdf), by ticking the respective acceptance boxes when setting up your Account.
4.5 An electronic identity check will be conducted as part of the verification process when you apply to create an Account. This check may leave what is known as a “soft footprint” on your credit file that will only be visible to you and will not affect your credit rating. You hereby consent to Krowding (or one of its service providers) carrying out an electronic identity check.
4.6 You will be sent a confirmation email that will contain a link for you to confirm your registration and select a password for your Account. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party. If you lose or have your password stolen, you must contact Krowding either by phone or email. Krowding will re-issue a password in accordance with their security procedures as updated from time to time.
4.7 Each time you seek to access User-only services on the Website, you will be required to login to your Account. If you use certain Services, you will also be required to complete additional self-certification.
4.8 Krowding may reject any registration, close any Account and withdraw User access to the Website for any reason, immediately and without notice, at its sole and absolute discretion, including if you provide false or incorrect User Account information, establish multiple accounts or do not notify Krowding of changes to your User profile information immediately.
4.9 Where you have created an Account and decide to use any of the Services, you may be required to provide, to the satisfaction of Krowding, a copy of one or more of the following:
- (a) passport;
- (b) proof of address;
- (c) articles of association;
- (d) register/memorandum of association/incorporation;
- (e) registered address and the legal system governing the company;
- (f) proof of identification for the person authorised to create the Account.
- YOUR ACCOUNT
5.1 You represent and warrant that all information provided by you when you register an Account is true, complete, current and correct in all material respects.
5.2 You undertake to notify us in the event that any information changes by updating your Account information via your user dashboard.
5.3 You are advised to log out of your Account each time you end a session if you have logged in from a public machine.
6.1 In order to make a payment to his Funds, a User will be led directly to Stripe which is currently Krowding’s payment services provider to enter his debit or credit card details or bank account details to facilitate payment of the amount of the relevant amount in accordance with the provisions of this paragraph.
6.2 By providing his debit or credit details to Stripe, the User irrevocably authorises Stripe (as applicable) to demand, take and authorise payment of the donation amounts.
6.3 In the event that Stripe is unable to take payment of the relevant amount due to there being insufficient funds in the bank account connected with the debit or on the credit card or the bank account provided to Stripe or for any other reason, Stripe shall be permitted to make two further attempts to take such payment.
6.4 Funds held in a Funds shall not accrue interest.
6.5 Funds held by Stripe on your behalf are held in a segregated client account separate from any funds belonging to Stripe. Krowding complies with the client money rules of the FCA and all other applicable UK requirements relating to client money.
6.6 To withdraw funds from a Funds or Business Funds, a User must fill in his email address or username and password in the reimbursement form and provide any further information requested by Stripe. The reimbursement request becomes irrevocable when the User clicks on the validation button.
6.7 A charge on the transfer of funds to a Funds or Business Funds from a debit or credit card shall be borne by the respective User. The User shall be informed of this cost prior to making such transfer.
6.8 Any taxation on any transaction performed through the Platform is the responsibility of the relevant user. Krowding suggests that each user contemplating making a transaction to seeks independent professional advice prior to effecting any transaction. In particular, the availability of any tax relief is not guaranteed and may be subject to matters outside of the control of the user.
6.9 If a User believes an unauthorised transaction has occurred, he must notify Krowding as soon as possible or in any case, no later than 13 months from the date of the transaction. Users who do not notify Krowding within this timeframe shall automatically waive any right that they have had in relation to the disputed transaction.
6.10 After each transaction between a Funds and the Krowding Escrow funds, Krowding shall provide the following information to the User who initiated the transaction:
- (a) The amount of the transaction and the purpose of the transaction; and
- (b) The date of receipt of the corresponding order and/or the date that the corresponding amount of money has been transferred.
- CREATING CAMPAIGNS
You agree to ensure that:
7.1 You only contribute UGC to Krowding if you know that you have the necessary rights to do so. By contributing UGC to Krowding, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Krowding in accordance with these terms and permit its use via Krowding and in our newsletters and that such permissions are freely available on demand by us should we require; and you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to Krowding.
7.2 All information provided by you via Krowding or which you provide to other Community Members or in connection with any Project is accurate, true and up to date in all respects and at all times and is not misleading in any way;
7.3 All content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
7.4 You will use Krowding and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these terms;
7.5 You will not harass or mislead or act unlawfully towards any person that you have contacted via Krowding or disclose or use any contact information that they may provide to you without their consent;
7.6 You will cease to contact anyone that you have contacted via Krowding immediately if they request you to do so; and
7.7 Any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through Krowding and to permit use of such content and image by any third parties we may authorise under these terms. In the case of children, you will need to obtain prior permission to use their image from their parents or guardians.
You may not:
(a) distribute or post spam, in particular by sending unsolicited marketing messages to other Community Members, or distribute or post chain letters, unsolicited loans (Krowding strongly recommends that you do not make contact with members offering you unsolicited loans. Krowding cannot be liable for any losses incurred if you choose to ignore this advice) or pyramid schemes;
(b) distribute viruses or any other technologies that may harm Krowding or the interests of users of Krowding or Community Members or otherwise interfere with or disrupt our servers;
(c) post or transmit any advertisements for or solicitations of business;
(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
(e) except as permitted under these terms, copy, modify, or distribute our content or trade marks from Krowding or Community Members’ copyright material and trademarks or any content or trade marks owned by a third party unless you have their explicit permission;
(f) harvest or otherwise collect or use information about Community Members without their explicit consent;
(g) impersonate another Community Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Community Members;
(i) continue to use Krowding if your access to Krowding has been suspended or your account terminated; or
(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying Krowding, or which, in our judgment, exposes us to any liability or detriment of any type.
- USER CONTENT
8.1 Any content uploaded to the Website including, but not limited to, Campaign content or comments posted by Users in relation to any Campaign is defined herein as “User Content”.
8.2 The User who uploads User Content retains all the rights of ownership owned by him (including any Intellectual Property Rights) in such User Content.
8.3 The User grants an irrevocable, worldwide, transferable, perpetual, royalty-free, sub-licensable, non-exclusive licence to Krowding to use, modify, publish, distribute, translate and display any or all such User Content whether in public, in any medium and form whether now or hereafter developed, in any jurisdiction now and in the future (the “Krowding License”). For the avoidance of doubt, the Krowding License shall extend to User Content which includes any mark, trademark, likeness and/or biographical materials.
8.4 Krowding shall have no obligation to identify any User or acknowledge his ownership of any User Content but may do so if it wishes.
8.5 Krowding grants an irrevocable, perpetual, worldwide, royalty-free license to each User to view, download, distribute (subject to the below) and otherwise use any User Content for the purposes of taking advantage of the Services (the “User License”) on condition that the use of such User Content by any User is limited to non-commercial use and any distribution of such User Content contains a clear and unequivocal acknowledges that such User Content is owned by the relevant User and licensed from Krowding.
8.6 Each User hereby represents and warrants to Krowding that any User Content uploaded by him to the Website and/or transmitted to any User via the Website that:
- (a) such User has the right to publish such User Content (whether by virtue of ownership of the Intellectual Property Rights in such User Content or as a result of the grant to the User of a license to use and publish such User Content);
- (b) with regards to a Campaign, such User Content uploaded by a Campaign Creator relates solely to the Campaign Creator and does not represent any other business;
- (c) the publication of such User Content on the Website is not likely to bring the reputation of Krowding into disrepute;
- (d) such User Content:
- is accurate to the best of the User’s knowledge;
- is not illegal in the UK or in any jurisdiction in which such User Content might reasonably be expected to be viewed and does not promote any illegal activity;
- does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
- does not encourage or promote any political cause or affiliation;
- is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
- does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
- does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
- does not depict any person less than 18 years of age (whether or not decent or indecent);
- is not likely to cause offence to any viewer of such User Content;
- does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and
- is not likely to lead a viewer to assume that the User is related to, authorised by or otherwise represents Krowding.
8.7 Each User acknowledges and agrees that Krowding may review and approve some or all User Content (at its sole and absolute discretion) uploaded to the Website and/or transmitted by any User to any other User via the Website. Krowding shall be entitled to remove any User Content without notice and without giving any reason.
8.8 Each User acknowledges and agrees that Krowding may be required to provide information about the origin of any unlawful User Content published and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such User Content has been viewed and is illegal and each User hereby irrevocably authorises Krowding to provide such information to such persons (on request or in our discretion) without consulting or informing him.
8.9 If you view any User Content on the Website that you believe breaches any of the above restrictions, you undertake and agree to report such User Content to Krowding as soon as is reasonably possible.
8.10 You understand that:
- (a) all User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such User Content originated;
- (b) Krowding does not control and is not responsible for User Content made available through the Website;
- (c) the Website and User Content available through the Website may contain links to websites, which are completely unrelated to Krowding. Krowding makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such website. Linking to any other website is entirely at your own risk;
- (d) you must evaluate and bear all risks associated with the use of any User Content; and
- (e) under no circumstances will Krowding be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the use of any User Content listed, emailed or otherwise made available via the Website.
8.11 You have no right to require that Krowding deletes, amends or removes any User Content once any User Content has been published. Krowding in its sole and absolute discretion may amend, delete or remove some or all User Content. In the event that Krowding agrees to remove any User Content relating to any Campaign after such Campaign has been launched and/or has received a pledge or other support of any kind, Krowding reserves the right in its sole and absolute discretion to:
- (a) annotate the User Content to make it clear what has been changed and/or removed;
- (b) email each person who has given a pledge or other support of any kind to notify such person of the change and give such person the right to withdraw his pledge or other support; and/or
- (c) require that the Campaign is cancelled and relaunched with the amended User Content and that each person who has given a pledge or other support of any kind is given the right to withdraw his pledge or other support.
- KROWDING CONTENT
9.1 All content contained on the Website or in any communication, or post on any social media platform other than User Content (together “Krowding Content”) belongs to Krowding or has been licensed to Krowding by third parties.
9.2 Krowding grants you a limited, terminable, non-transferable, revocable licence to use, display and save Krowding Content solely in accordance with the following:
- (a) other than in respect of a Campaign Creator, for personal non-commercial use;
- (b) for the purposes of using the Services as contemplated by the terms and conditions; and
- (c) by:
- downloading such Krowding Content to one computer; and/or
- printing one copy of such Krowding Content; and/or
- viewing any video or image on one computer, in each case on condition that the format and display of any Krowding Content is not altered and any copyright notice and disclaimer or risk warning notice contained on the version of such Krowding Content found on the Website remains clear and visible.
10.1 By using the Website you acknowledge and agree that Krowding may preserve or disclose User Content, as well as your information, if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to:
- (a) identify copyrighted work or other Intellectual Property Rights that you (or any other person) claim has been infringed;
- (b) identify any User Content that you claim (or any person) claims is infringing, with enough detail so that we may locate it on the Website;
- (c) confirm a statement by you (or any other person) that User Content displayed is not authorised by the copyright owner, its agent, or the law; and
- (d) confirm a statement by you (or any other person) declaring (a) the above information is accurate, and (b) that you are (or any other person is) the owner of the copyright interest involved or that is authorised to act on behalf of that owner.
10.2 You may not infringe or try to infringe the privacy or rights of other Website Users. This includes storing or trying to store personal data of other Website Users.
- INTELLECTUAL PROPERTY
11.1 Krowding and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, design, text, graphics and all software and source code connected with the Website other than User Content. Krowding grants you a limited licence to use the Website solely as set out in the terms and conditions.
11.2 The Website is protected by UK and International copyright, trademark, patent and other intellectual property laws.
11.3 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Krowding’s prior express written consent.
11.4 Krowding grants you a limited licence to use the Website and the Services solely as set out in the terms and conditions. Any unauthorised use of the Website will result in the automatic termination of the limited license granted by us. Krowding reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
11.5 Krowding and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Krowding. They may not be used without Krowding’s prior express written permission.
11.6 All other trademarks not owned by Krowding that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Krowding.
11.8 If you delete your profile, you will not be able to automatically download the User Content or data that you have uploaded.
12.1 Krowding provides the Website “as is” and without any warranty or condition, whether express, implied or statutory.
12.2 Krowding specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- NO RELIANCE
13.1 The inclusion of a Campaign on the Website does not mean that Krowding is recommending that you make a donation to a Campaign. Further, it does not mean that Krowding believes that the Campaign will be successful or that the Campaign, any detail contained on the Website in relation to it and/or any person connected with the Campaign is legitimate, accurate or not misleading.
13.2 Any decision to get involved in any Campaign in any way is the decision of the User and the User alone. You are advised to seek independent legal and financial advice prior to getting involved in any Campaign particularly if you have any questions or do not understand the nature of any Campaign or your involvement in it.
13.3 You may not rely on any information other than that which is contained on the Website directly relating to any Campaign in making any decision to become involved in any Campaign in any manner.
13.4 Save for where Krowding have signified in these terms and conditions that it shall conduct due diligence on Users, all Users acknowledge and agree that they are responsible for their own due diligence if they are considering making a pledge of a donation.
13.5 All Users acknowledge and agree that they shall not disclose any information contained in a Campaign (including the Campaign Description) to any third party without the prior written consent of the owner of such User Content.
- EXCLUSIONS AND LIMITATION OF LIABILITY
14.1 Krowding does not seek to exclude liability for death or personal injury caused by any gross negligence, fraud or fraudulent misrepresentation on the part of Krowding. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
14.2 Krowding assumes no liability or responsibility for:
- (a) any errors or omissions in the Website;
- (b) any fault relating to any device used to access the Website;
- (c) any bandwidth restriction that restricts and/or prevents access to the Website;
- (d) any failures (including without limitation the ability to access the Website), delays or interruptions in the Website;
- (e) any losses or damages arising from the use of the Website and/or the Services;
- (f) any conduct by users of the Website;
- (g) any use of third party software or services including without limitation Stripe and GoCardless; or
- (h) any unauthorised use of any Stripe account.
14.3 Krowding shall not be liable in the event that any defect or otherwise in the Website results in you losing or being unable to access (whether temporarily or permanently) any User Content.
14.4 In no event shall Krowding, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these terms and conditions, on any theory of liability, and whether or not advised of the possibility of damage.
14.5 You acknowledge and agree that Krowding is not responsible for the accuracy of any information published on the Website by Users and does not warrant that any information appearing on the Website is accurate, true or complete. Krowding specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
14.6 The Website and any User Content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of Krowding and are not endorsed by Krowding. Krowding shall not be liable in the event that any User Content is defamatory, misleading, incomplete or incorrect. Similarly Krowding shall not be liable in the event that any fact is incorrect or misleading.
14.7 You must not rely on any information, article or advice contained on the Website. Any article or information contained on the Website is a generic summary and must not be viewed as specific tailored legal, financial or professional advice.
14.8 Krowding reserves the right to deliver the Website and the Services in its sole and absolute discretion.
You agree to indemnify and hold Krowding and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Website or your violation of any law or the rights of any third party.
Whilst Krowding has implemented commercially reasonable technical and organisational measures to secure your personal information and User Content from unauthorised use, Krowding cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and User Content at your own risk.
- ELECTRONIC COMMUNICATIONS
By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from Krowding. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- USE OF COMMENTS OR IDEAS SUBMITTED
19.1 You agree that Krowding is free to use any comments or ideas contained in any communication you may send to Krowding without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. For the avoidance of doubt, all such information will be deemed by Krowding to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
19.2 You agree that any information and User Content published by you on the Website may be public information and that other users of the Website will be able to view and comment on such information and User Content.
- THIRD PARTY SOFTWARE
20.1 You acknowledge that you may need to download and activate certain third party software in order to use certain Krowding Content provided on the Website. Such third party software will be clearly notified to you.
20.2 In order to use such third party software, you will have to accept the terms of the provider of such third party software. You acknowledge that we have no responsibility or control over such third party software.
21.1 You acknowledge and agree that the Website may contain links to third party websites. The inclusion of any links on the Website does not constitute a recommendation of such third party website or a warranty that such third party website is free of viruses and safe to use.
21.2 If you decide to visit or access any third party website or services, you do so entirely at your risk.
21.4 You may link to the Website subject to the following:
- (a) you do not display any page of the Website in frames or cut or otherwise alter the appearance of the Website; and
- (b) you do not misrepresent any relationship you have with Krowding and in particular you do not claim a relationship with us or claim to be endorsed by Krowding without our prior written consent.
21.5 Krowding reserves the right to withdraw any consent to link to the Website at any time by notice.
22.1 If you have any complaints about the provision of the Services, please contact us using the contact form provided on the Website.
22.2 If you have any complaint about any other User, please contact us using the contact form provided on the Website.
22.3 Depending on the type of Service you are using, you may have additional rights including rights to compensation. If you require any further information relating to this clause, please contact us by phone on 0203 7355 690 or by email at info@Krowding.com.
23.1 You agree that the terms and conditions and any claim, dispute or controversy arising out of in connection with the terms and conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Krowding’s advertising or any related transaction between you and Krowding shall be governed by and construed in accordance with English law.
23.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
24.1 Krowding may change or discontinue the Website and/or any of the Services at any time without prior notice. Krowding reserves the right to terminate the terms and conditions (or any part of them) for any reason, without notice. Krowding shall be permitted in its sole and absolute discretion to terminate the terms and conditions in the event that you violate any of the terms and conditions (with prejudice to Krowding’s accumulated rights against you). In the event of any termination, you will immediately cease use of the Website.
24.2 In the event of termination, Krowding has no obligation to transfer to you or allow you to view any User Content uploaded by you to the Website.
24.3 In the event of termination, any payments due to be paid by a User to any other User of the Website and its Services shall be enforced in accordance with the relevant document in clause 2.2 that makes up these terms and conditions
25.1 The Website terms and Conditions are agreed between you and Krowding. No person shall have any rights under or connection with the Terms and conditions under the Contracts (Rights of Third Parties) Act 1999.
25.2 If any court or competent authority decides that any term of the terms and conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
25.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
25.4 Krowding’s failure to enforce any provision of the terms and conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
25.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under the terms and conditions without Krowding’s prior express written consent.
25.6 The terms and conditions set forth the entire understanding and agreement between you and Krowding with respect to the subject matter hereof.