Terms of Use

Terms of Use

CommunityFundMe  

Terms and Conditions 

Questions about our terms? Contact Us: 

legal@afripointconsult.com

Date of Last Revision: July 31^st, 2023

Subject to these Terms of Service, as amended from time to time (“Terms and Conditions”), AFRIPOINT CONSULT provides the Community Fund Me platform to you through its website at www.communityfundme.com and attendant mobile applications (collectively, with any new features and applications, the “Platform”) and the Community Fund Me and related services (collectively, with the Platform, including any new features and applications, the “Services”). If you are a Fundraiser (as defined below), Beneficiary to a Fundraiser (as defined below), comment contributor, or Donor (as defined below) (collectively referred to herein as a “User”) located in Nigeria, you are contracting with AFRIPOINT CONSULT, Lagos, Nigeria.  

DEFINTIONS:

1.    A FUNDRAISER is an event, campaign, or activity organized with the primary goal of raising funds or financial contributions for a specific cause, charity, project or organization. It involves soliciting donations, contributions or sponsorships from individuals, groups or organizations to support the intended purpose. The collected funds are used to finance initiatives, projects or help those in need.

2.    A BENEFICIARY TO A FUNDRAISER refers to the individual, group, organization, or cause that will receive the funds raised through the event or campaign. It is the entity/individual that benefits from the donations and contributions made by donors and supporters. The Beneficiary could be a charitable organization, a community project, medical cause, an educational program or any other initiative that requires financial assistance.

3.    A COMMENT CONTRIBUTOR is someone who actively participates in a fundraiser by providing their time, effort, skills or resources to help make the event or campaign successful. They may volunteer to organize the fundraiser, help with logistics or contribute non-monetary items such as goods, services or materials.

4.    A DONOR is someone who gives monetary contributions or financial support to the fundraiser. They provide funds to help achieve the fundraising goal and support the beneficiary’s cause or project. Donors can be individuals, businesses or organizations that believe in the purpose of the fundraiser and want to make a positive impact.

ARBITRATION, LITIGATION, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY A SINGLE ARBITRATION AND YOU WAIVE YOUR RIGHT TO A LITIGATION OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS OF SERVICE. 

We reserve the right, at our sole discretion, to change or modify portions of these Terms and conditions of Service at any time and without notice. When we do this, we will post the revised Terms and conditions of Service on this page and will indicate the date of such revision. 

Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms and conditions of Service. To the extent allowed by law, the English version of these Terms and conditions of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms and conditions and their translations, the English version shall prevail. If you do not wish to accept the new Terms and conditions, you may discontinue your use of the Services. 

In addition, when using the Services, you will be subject to additional applicable policies including without limitation, the Privacy policy. All such terms and conditions are hereby incorporated by reference into these Terms and conditions (provided, however, these Terms and conditions of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final. 

ACCESS AND USE OF THE SERVICES

The Services Description: The Services are offered as a platform to allow an individual, entity or non-profit organization (the “Fundraiser”) to post a fundraiser (“Fundraiser”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”).   

Payment Processor:  CommunityFundMe is not a payment processor and does not hold any funds.  Instead, CommunityFundMe uses third-party payment processing partners to process Donations for a Fundraiser (“Payment Processor”).  You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.  See our Privacy Policy. 

Transaction Fee: Although there are no fees to start or maintain a Fundraiser, please keep in mind that a transaction fee, including credit and debit charges, is deducted from each donation (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the Platform and the applicable Transaction Fee, visit CommunityFundMe Pricing. 

The Service is a Platform: We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. CommunityFundMe facilitates the Fundraising by the Fundraisers and permits Donors to make donations to these Fundraisers. CommunityFundMe is not a broker, agent, financial institution, creditor or charity. 

All information and content provided by CommunityFundMe relating to the Services is for informational purposes only, and CommunityFundMe does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Fundraisers, Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk. 

CommunityFundMe has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser or User, and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Fundraiser. 

No Solicitation: The Platform is offered to help Fundraiser raise money. Community Fund Me merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by CommunityFundMe, and CommunityFundMe does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that CommunityFundMe is not responsible for the use of your Donations or the amount of funds raised for the User or Fundraiser. 

Donors: All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used and to check the Fundraiser content regularly for any updates. CommunityFundMe is not responsible for any offers, promises, rewards or Promotions (as defined below) made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds reported to us very seriously. You can learn more about How We Protect Our Community. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please use the “Report” button on the Fundraiser to alert our team of this potential issue and we will investigate.

If you are a Donor to a non-profit organization, established as such under the applicable laws of incorporation (“Charity”): 

• You are not permitted to impose restrictions on the use of such Donation by the Charity. To the extent that you make a Donation in response to an appeal for a particular program of a Charity, or to the extent that you purport to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all Donations will be used. 
• You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction. CommunityFundMe makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. CommunityFundMe will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity. 
• Unless you opt out of such disclosure, you acknowledge and agree that, in accordance with our Privacy Policy, certain of your personal information will be shared with the Charity to which you make a Donation, including without limitation, as part of a Donor List (as defined below) and may be used by such Charity to issue official Donation receipts (or equivalent document) and in accordance with the Charity’s privacy policy. CommunityFundMe is not responsible, and shall not be liable, for any Charity’s use of any Donor information. 

Fundraisers: You, as a Fundraiser , represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Fundraiser; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations to such beneficiary; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize CommunityFundMe, and CommunityFundMe reserves the right to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser or law enforcement or other regulatory authorities, and to assist in any investigation thereof. 

If you use the Services as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which as a representative, you are authorized to raise funds for the Charity and bind the Charity to these Terms and conditions of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law in Nigeria. 

Your Registration Obligations: You may be required to register with CommunityFundMe to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form. Fundraisers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Fundraiser or the Beneficiary of such Fundraiser. You agree to keep registration information current and up to date. 

Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Policy If you are under 18, you are not authorized to use the Services, with or without registering (as a donor). In addition, if you are under the age of maturity in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom CommunityFundMe has entered into contracts, in order to be able to benefit from their services. If CommunityFundMe or one of our Payments Processors at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you. 

Charities:  The Services include the features and services described here. All Donations are subject to a Transaction Fee for each Donation. 

• Chargebacks and Refunds: occasionally, a Donor may dispute a debit/credit card charge for a Donation through the Services or submit a request for a refund under the CommunityFundMe Giving Guarantee. 

• “Chargebacks” means the reversal of a transaction or request for repayment in respect of a transaction previously settled and/or remitted that comes from the Issuing Bank, Payment Scheme or other financial institution.

The reasons for the Chargebacks include (but are not limited to):

a.    the transaction amount not being authorized;

b.    the cardholder alleging:

·      non-participation in the transaction; or

·      non-authorization of the use of Card; or

·      non-receipt of goods and/or services purchased;

c.    cancelled or uncompleted pre-authorized transaction; or

d.    suspected fraud on Card.

§  Chargeback (Where applicable)

§  Any chargeback will be in accordance with the procedures and rules established by the national and International Payment Gateway provider as modified from time to time. The reasons for the chargeback of the items include (but are not limited to) the following:

a.    The transaction amount not being authorized;

b.    The transaction slips being illegible and not signed by the Cardholder;

c.    Error in transaction details;

d.    The Transaction amount being altered on sales slip;

e.    Duplicated transaction;

f.     Cardholder alleges non-participation in the sale, non-authorization of the use of card and non-receipt of goods and services purchased;

g.    Declined transaction;

h.    Expired, Cancelled, Lost or Stolen card;

i.      Cancelled or uncompleted pre-authorized transaction; or

j.      the Card Transaction is charged back for any other reason within the relevant Card Scheme Rules.

§  All Chargebacks shall correspond to the whole or part of the value of the amount of the fundraiser. Chargebacks may arise within a reasonable period after the date of the relevant fundraising. To that effect, ten {10} percentage of the fund raised will be subjected to fifteen (15) days withholding period to ensure that no chargebacks. 

• Removal of a Charity from our Database.  If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in CommunityFundMe’s searchable database, you may contact us here to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the CommunityFundMe’s database, it will not be eligible to receive contributions through the Platform. 
  
  
•  Receiving Funds: as a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities” below. CommunityFundMe is not a payment processor and does not hold funds. 
  
  
• Taxes.  CommunityFundMe does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any). 
  
  
• Donor Lists and Other Data:  A Charity may access information about a Fundraiser for the Charity, Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. Please contact us here with any questions. “Donor Data” means a Donor’s name, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND COMMUNITYFUNDME MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor checks the “Anonymous” checkbox at the time of Donation or seeks to be anonymous through other means provided herein, by using the Services, the Donor consents to the disclosure of Donor’s ‘Donor Data’ as described herein, including without limitation, disclosure as part of a Donor List. 

Taxes: It is your responsibility to determine what, if any, taxes that apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify CommunityFundMe of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. CommunityFundMe will not be liable for any loss or damage arising from your failure to comply with this section. 

reCAPTCHA:  The Platform uses the reCAPTCHA product to provide an added level of security.  reCAPTCHA is subject to the Google Privacy Policy and Terms of Service. 

GoogleMaps:  The Platform uses the Google Maps feature and content, which is subject to the then-current versions of the: (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/. 

Modifications to the Services: Community Fund Me reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. 

Content Manifestly Made Public by the User. 

A. Public Content; Public Display of Information and Donations: Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other Users to facilitate User interaction within the Services. For example, as a Fundraiser, you might post your personal data – such as information about a recent hospital stay – which data might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private from the general public, click the “Private” checkbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services. 

B. Other Information: Please be advised that User Content and other information, solicited or unsolicited, that you provide to CommunityFundMe may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that CommunityFundMe will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary, you hereby grant to CommunityFundMe a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (vi) you irrevocably waive, and cause to be waived, against CommunityFundMe and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services. 

You acknowledge and agree that CommunityFundMe may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and conditions of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CommunityFundMe, its Users, employees or the public. 

Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser or a Donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by CommunityFundMe to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to: (i) contact such third party using the Third-Party Data provided; and/or (ii) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature. 

Sales Prohibited on the Platform:  You are not permitted to offer goods or services in exchange for a Donation on the Platform. 

Data Retention: You acknowledge that CommunityFundMe has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that Terms and conditions reserves the right to delete data or to terminate accounts or Fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Fundraisers or accounts started by Charities on the Platform, in which case CommunityFundMe will provide reasonable notice where possible. 

Mobile Services and Text Messages: The CommunityFundMe Services include certain features that may be made available via a mobile device, including the ability to:) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  Further, when setting up your CommunityFundMe account, if you click “Send code” by “Text Message,” you agree to receive automated text messages related to your account from or on behalf of CommunityFundMe at the phone number provided.  You can reply STOP to such text messages to cancel, except for automated text messages related to the security of your account.  Message frequency will vary. Message and data rates may apply.  We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your CommunityFundMe account information to ensure that your messages are not sent to the person that acquires your old number. 

PROHIBITED CONDUCT 

You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Fundraiser. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms and conditions of Service. 

The following are examples of User Content and/or use that is illegal or prohibited by CommunityFundMe. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms and conditions of Service, or other policies such as the CommunityFundMe Giving Guarantee or Beneficiary Guarantee. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users. 

Without limiting the foregoing, you agree and represent, warrant and covenant: 

A. not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving: 

• the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services; 
• fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible; 
• offensive, graphic, perverse or sensitive or sexual content; 

• the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty; 

• drugs, narcotics, steroids, controlled substances pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm; 

• activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Nigeria and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority; 

• knives, explosives, ammunition, firearms, or other weaponry or accessories; 
• User content that reflects, incites or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorism, terrorist financing or intolerance of any kind or reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases; 
  
  
• the legal defense of alleged financial and violent crimes; 
• publication of User Content (such as mug shots) that causes reputational harm; 
• Gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes; 
• the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; 

• annuities, investments, loans, equity or lottery contracts, law-away system, off-short banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
• the receipt or grant of cash advances or lines of credit to yourself or to another person or purposes other than those purposes clearly stated in the Fundraiser or for credit repair or debt settlement services; 
• counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; 
• products or services that directly infringe or facility infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; 
• the unauthorized sale or resale of goods or services; 
• any election campaigns in an unsupported country unless run by a registered organization within a supported country; 

• the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by CommunityFundMe; 
• the collecting or providing of funds for any purpose other than as described in a Fundraiser description; or 
• any other activity that CommunityFundMe may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose CommunityFundMe, its employees or Users to any harm or liability of any type. 

B. not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; 

C. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services; 

D. not to harvest, collect or publish personally identifiable information of others; 

E. not to raise funds for a minor without the express permission of the minor’s parent(s)/guardian unless the funds are transferred into a trust account for the sole benefit of the minor; 

F. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party; 

G. not to use another User’s account or URL/https without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services; 

H. not to create any liability for CommunityFundMe or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; 

I. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means; 

J. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services; 

K. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms and conditions of Service is expressly permitted; 

L. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; 

M. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or 

N. not to attempt to undertake indirectly any of the foregoing, additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant: 

• not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent; 
  
  
• not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified internationally. 
  
  
• to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by CommunityFundMe from time to time; 
  
  
• to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for CommunityFundMe to verify compliance with these Terms and conditions of Service and make such records available to CommunityFundMe upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and 
  
  
• At CommunityFundMe’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by CommunityFundMe, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected. 

CommunityFundMe reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms and Conditions of Service or harm the interests of our Users, business partners, the public, or CommunityFundMe staff, or that expose you, CommunityFundMe, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our Privacy Policy. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services. 

DONOR CONDUCT 

Donations: In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide CommunityFundMe information regarding the Donor’s debit/credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s CommunityFundMe account (a “Billing Account”). You, as a Donor, represent and warrant to Community Fund Me that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless CommunityFundMe, in its sole discretion, agrees to issue a refund, for example in accordance with the CommunityFundMe Giving Guarantee. CommunityFundMe uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms and conditions of Service as well as any and all applicable terms set forth by our payment partners.  For a list of our current Payment Processors and links to their terms and conditions of service, please see the PAYMENT PROCESSORS section below. 

FUNDRAISER, BENEFICIARIES OR CHARITIES 

Account Holds: From time to time, CommunityFundMe may, in its sole discretion, place a hold on the Fundraiser’s account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not  limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by a Fundraiser  is false, misleading, or fraudulent, or funds are being used in a prohibited manner; (ii) the funds available should be provided directly to a person other than the Fundraiser , such as a legal beneficiary or person entitled by law to act on behalf of the Fundraiser ; (iii) a Fundraiser  has violated these Terms and Conditions of Service; (iv) the Fundraiser  is colluding with Donors to engage in fraudulent activity; (v) there may be suspicious or fraudulent Donation activity; or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold, contact us at legal@afripointconsult.com

Withdrawing Donations from a Fundraiser: While CommunityFundMe strives to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately; (ii) CommunityFundMe does not guarantee that Withdrawals will be available to you within any specific time frame; and (iii) CommunityFundMe expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Fundraiser and/or Beneficiary, are responsible for ensuring that the information you provide to CommunityFundMe in order to process a Withdrawal, including bank account information, is accurate and up to date. CommunityFundMe may, at any time, for verification failure or any reason with regards to failure of identification of the fundraiser(s) and/or beneficiaries, without notice, and in its sole discretion, offer or issue a refund of Donation(s) to donors with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. CommunityFundMe is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by CommunityFundMe issuing refunds, including, but not limited to transaction fees. 

PAYMENT PROCESSORS  

CommunityFundMe uses Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and CommunityFundMe that such information is true and that you are authorized to use the applicable Withdrawing Account. 

By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms and Conditions as well as any and all applicable terms set forth by the applicable Payment Processors.   

Payment Processors for Charities: Community Fund Me has partnered with Flutterwave, Gt Squad for Donations to Charities. Although exceptions can be made, Charities in other African countries will be defaulted to using Flutterwave to process Donations made through the Services. The manner in which transactions are processed is explained below.; 

A. Flutterwave 

• i. Except as noted above, Flutterwave is the Payment Processor for Fundraisers with a Charity identified as a Beneficiary. 
  
  
• ii. All Donations made through those Fundraisers will be accepted by Flutterwave. Flutterwave Giving Fund receives Donations from Users as the charity of record and then, to the extent it is able, grants Funds to the Charity selected by the Fundraiser and identified in the Fundraiser. While Flutterwave Giving Fund takes multiple steps to attempt to grant donated funds according to the Donor’s identified preference, Flutterwave Giving Fund retains exclusive control over all Donations. If a Charity fails to meet the terms of Flutterwave Giving Fund’s Non-profit Certification Policy and/or fails to meet Flutterwave Giving Fund’s due diligence standards for receipt of a donation at any time, Flutterwave Giving Fund may reassign the funds in accordance with its policy. When Flutterwave Giving Fund receives your Donation, it will forward the Donation to the Charity of your choice, but Flutterwave Giving Fund will appear on your tax receipt. Donations made through Flutterwave Giving Fund are governed by the Privacy Policy and User Agreement of Flutterwave. 

INTELLECTUAL PROPERTY RIGHTS 

Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CommunityFundMe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by CommunityFundMe from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of CommunityFundMe (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CommunityFundMe. 

The CommunityFundMe name and logos are trademarks of CommunityFundMe (collectively the “Community Fund Me Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks by their respective owners, who may or may not endorse or be affiliated with or connected to CommunityFundMe. Nothing in these Terms and conditions of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CommunityFundMe Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of CommunityFundMe Trademarks will inure to our exclusive benefit. 

Third-Party Material: Under no circumstances will Community Fund Me be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that CommunityFundMe does not pre-screen User Content, but that CommunityFundMe and its administrators will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. 

User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant CommunityFundMe and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless CommunityFundMe and its contractors and employees, from: (i) all claims for invasion of privacy, publicity or libel; (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness; and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of CommunityFundMe in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or CommunityFundMe’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. 

We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to: (a) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms and conditions of Service), or for no reason at all; and (b) remove or block any Services Content or User Content from the Services. 

Copyright or Trademark Complaints: CommunityFundMe respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CommunityFundMe of your infringement claim in accordance with the procedure set forth below;

CommunityFundMe will process and investigate notices of alleged infringement and will take appropriate actions under applicable Copyright Act, trademark infringement and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to CommunityFundMe’s Copyright Agent at www.communityfundme.com: 

Community Fund Me Copyright Agent: 

Community Fund Me,  

legal@afripointconsult.com 

To be effective, the notification must be in writing and contain the following information: 

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 
  
  
• a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed; 
  
  
• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services; 
  
  
• your address, telephone number, and email address; 
  
  
• a statement by you that you have a good belief that the disputed use is not authorized by the copyright, trademark or intellectual property owner, its agent, or the law; and 
  
  
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent: 

• your physical or electronic signature; 
  
  
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 
  
  
  
• a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 
  
  
  
• your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Copyright Agent, CommunityFundMe will send a copy of the counter-notice to the original complaining party, informing that person that CommunityFundMe may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. 

Repeat Infringer Policy: In accordance with Trademark and other applicable law, Community Fund Me has adopted a policy of terminating, in appropriate circumstances and at Community Fund Me’s sole discretion, Users who are deemed to be repeat infringers. Community Fund Me may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

THIRD PARTY WEBSITES/SERVICES 

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). CommunityFundMe has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and CommunityFundMe is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that CommunityFundMe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that CommunityFundMe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third-Party Resources.  As an example of this, if you use the Platform through your mobile device, and you upload a video to a Fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service and you agree that CommunityFundMe is not liable for any loss or claim that you may have against any such third party. 

INDEMNITY AND RELEASE 

You agree to release, indemnify on demand and hold CommunityFundMe and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms and conditions or your violation of any rights of another. You agree that CommunityFundMe has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Community Fund Me for the costs of its defense (including, but not limited to attorney’s fees).  

DISCLAIMER OF WARRANTIES 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMUNITYFUNDME AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

COMMUNITYFUNDME AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. 

LIMITATION OF LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMMUNITY FUND ME NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL, (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF COMMUNITY FUND ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMMUNITYFUNDME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMMIUNITYFUNDME IN THE LAST THREE (3) MONTHS, OR, IF GREATER, AN AMOUNT WILL BE AGREED BY PARTIES. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS AND CONDITIONS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. 

DISPUTES 

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS 

Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITION OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL OR TO PARTICIPATE IN A CLASS ACTION. 

Notwithstanding the foregoing, nothing in these Terms and conditions will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim. 

The Process: Any arbitration between you and us will be settled under the appropriate   Arbitration Act and administered through The Arbitration and Conciliation Act, (Chapter 18, Laws of the Federation of Nigeria) 2004, and this is applicable over the federation except for Lagos state, which has its law, The Lagos State Arbitration Law, 2009 (LSAL) 

A party who intends to seek arbitration must first send a written notice of the dispute to the other party via a certified Nigerian mail or by Federal Express (signature required) or only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Community Fund Me Copyright Agent: 

Community Fund Me; legal@afripointconsult.com

The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the lower of: (a) the amount awarded by the arbitrator; or (b) the amount to be determined by the board of Community Fund Me. The Arbitration award shall be final and conclusive between parties. 

 Fees: Each party is liable for payment of legal, filing and other expenses relating to such matters.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. 

Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms and conditions of Service. 

Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers. 

TERMINATION 

You agree that Community Fund Me, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. 

USER DISPUTES 

You agree that you are solely responsible for your interactions with any other User in connection with the Services and Community Fund Me will have no liability or responsibility with respect thereto. Community Fund Me reserves the right, but has no obligation, to become involved in any disputes between you and any other User of the Services. 

GENERAL 

These Terms and conditions of Service constitute the entire agreement between you and CommunityFundMe and govern your use of the Services, superseding any prior agreements between you and CommunityFundMe with respect to the Services. You also may be subject to additional terms and conditions of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms and conditions of Service will be governed by the laws of Nigeria without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and CommunityFundMe agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Nigeria and respective African countries. The failure of CommunityFundMe to exercise or enforce any right or provision of these Terms and conditions of Service will not constitute a waiver of such right or provision. If any provision of these Terms and conditions of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and conditions of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and conditions of Service must be filed within Six (6) months after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms and conditions of Service without the prior written consent of CommunityFundMe, but CommunityFundMe may assign or transfer these Terms and conditions of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. Notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms and conditions of Service or other matters by displaying notices or links to notices generally on the Platform. CommunityFundMe may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms and conditions of Service shall prevent CommunityFundMe from complying with the law. CommunityFundMe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Nigeria Center for Disease Control and/or in Center for Disease control in other nations, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials. 

PRIVACY POLICY 

At CommunityFundMe, we respect the privacy of our Users. See our Privacy Policy for details. By using the Services, you consent and acknowledge CommunityFundMe’s collection and use of personal information as described in the Privacy Policy.