Welcome to the NaijaFund Terms and Conditions (or “Agreement”). Penitude Enterprises [‘NaijaFund’, ‘We’, ‘Us’, ‘Our’] provides its services (described below) to you through its website located at www.naijafund.com (the “Site”) .This Agreement describes the terms and conditions that govern your use of our services at https://www.naijafund.com/ (our “Site” or “Platform”). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and NaijaFund’s policies, including its Privacy Policy (the “Policies”). These Policies change from time to time, and you agree that they form part of this Agreement. Our Privacy Policies may be accessed here: Privacy Policy. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with NaijaFund. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
In this Agreement where the context permits a reference to “you” includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
Definitions
In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” or “Donors” and to the funds they contribute as “Contributions” or “Donations”. Campaign Owners, Contributors and other visitors to the Service are referred to collectively as “Users.”
NaijaFund is a Venue
NaijaFund is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. NaijaFund is not directly involved in the transaction between campaign owners and campaign contributors. As a result, NaijaFund makes no representations about the quality, safety, morality or legality of any Campaign, or Contribution or the truth or accuracy of content posted on the Service. NaijaFund does not represent that Contributions will be used as described in the Campaign. NaijaFund cannot guarantee the true identity, age, and nationality of a member. You agree that NaijaFund is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on NaijaFund. Users use the Service at their own risk.
Eligibility to Use the Service
You are not eligible to use the Service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
Rules and Conduct
You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
•infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
•you know is false, misleading, or inaccurate;
•is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
•constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
•contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
•is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
•impersonates any person or entity, including any employee or representative of the Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Campaign Creators agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Campaign Creator’s Campaign, or is not related to fulfilling delivery of a product or service explicitly specified in the Campaign Creator’s Campaign.
Registration
You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. Your registration will be effective when you have followed the registration procedure described in this Agreement. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
When you register for an Account or use our Services, any information you provide must be true, accurate and complete.
In certain circumstances, we may have legal obligations (such as under anti-money laundering laws) to check your identity before you can use our Services or to stop you using any of our Services (in whole or in part) temporarily or permanently. We will let you know we are doing so unless prevented by law from telling you.
You agree to provide any additional information which we may reasonably request and to answer truthfully and completely any questions we may reasonably ask you in order to verify your identity.
Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.
Prohibited Campaigns
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If you know that your Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. You must comply with all applicable laws and regulations in carrying out your Campaign, offering Perks and using Contributions.
Prohibited Perks
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
any form of capital, equity or other similar ownership interest in a company or venture;
any form of financial incentive;
alcohol or any other controlled substance;
drug paraphernalia;
weapons, ammunition, and related accessories;
any form of lottery or gambling;
items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person’s rights if you were to distribute it.
Community Guidelines
NaijaFund is not a place for hatred, abuse, disrespect, profanity, meanness, harassment, or spam. Do not:
use the Service to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
spam the comments sections or other Users with offers of goods and services or inappropriate messages;
engage in any activity that interferes with or disrupts the proper working of the Service or any activities conducted on the Service; or
take any action that imposes, in NaijaFund’s sole discretion, an unreasonable load on NaijaFund’s infrastructure.
We reserve the right to remove Campaigns and terminate User accounts for such activities.
Contributors
As a Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. NaijaFund doesn’t guarantee that Contributions will be used as promised, or that the Campaign will achieve its goals. NaijaFund does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution.
Fees and Payments
Joining NaijaFund and creating a campaign is free. Donating to campaigns is also free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. We do not charge fees to Contributors, but we do charge fees to Campaign Owners as a portion of the funds they raise. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service.
NaijaFund applies a 10% fee to the funds collected for platform maintenance. Third-party payments processors fees are set at 2% for local bank cards and an additional 2% is charged to foreign bank cards.
Contributions are usually made via Mastercard, Visa, internet banking. We are not responsible for the performance of any 3rd party payments processing services.
Payment Terms
Campaign owners and contributors agree to comply with the acceptable use policy of all payment processors they use.
Your User Content
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content”). You grant NaijaFund and our users a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Service and our related marketing and promotional activities. As between you and NaijaFund, you continue to hold all ownership interest in your User Content. You represent and warrant that your User Content and our use of your User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Sites
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Medical Fund
Naijafund Medical fund will be administered to campaigns chosen at the discretion of the administrator. Funding is strictly discretionary and can be stopped at anytime without notice.
Indemnity
You agree to defend, indemnify and hold harmless NaijaFund, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. NaijaFund may assume the exclusive defense and control of any matter for which you have agreed to indemnify NaijaFund and you agree to assist and cooperate with NaijaFund in the defense or settlement of any such matters.
No Warranty
NaijaFund has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Limitation of Liability
NAIJAFUND (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING ONE HUNDRED NAIRA (₦100). THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NAIJAFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NaijaFund without restriction or consent.
Termination
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
International
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from NaijaFund all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. NaijaFund may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
Refunds.
Donors should only contribute payments to NaijaFund.com users they personally know and trust. There are no refunds, for any reason. Donors assume the full risk of investigating and determining whether to donate. Under certain circumstances NaijaFund.com may, but is under no obligation to, seek the refund of Project Funding if a User misrepresents the Project or misuses the funds. You acknowledge and agree that all Contributions are between the Donor, the User, and the Processor only, and that NaijaFund.com is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor. You agree that NaijaFund.com has the right, but not the obligation, in its sole discretion, to delay funding, withhold funding, reverse funding or otherwise refund money to Donors on behalf of Users.
You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any fees paid for the service without first having obtained prior written consent to refund shall entitle NaijaFund to deactivate your account unless and/or until such time as the fees are repaid or a credit or refund is agreed with NaijaFund. Deactivation will include all access to the service.
Integration and Severability
These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
Changes to Terms
NaijaFund may alter these Terms at any time, so please review them frequently. If a material change is made, NaijaFund may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at NaijaFund’s sole discretion, in good faith, and using common sense and reasonable judgment.
No Legal Advice
Nothing contained in these Terms of Use and nothing included on the NaijaFund.com website constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at [email protected].
Miscellaneous
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.