Terms

FundAll | Support Platform For The Needy

TERMS OF service

Please read all these terms and conditions.

You must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us at info@fundall.org. 

Interpretation

  1. User or You means an individual accessing the website for purposes of using one of the listed services;
  2. Contract means the legally-binding agreement between you and us for the supply of the Services on our website;
  3. Delivery Location means the location where the Services are to be supplied, and in all cases the website;
  4. Services means the services, including any products, of the description set out on the website or elsewhere.

Services

  1. The description of the Services is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or description listed.

6. In the case of Services requested and listed by the user, it is your responsibility to ensure that any information, description or specification you provide is accurate.

7. All Services are subject to availability.

8. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Terms of Service

9. Subject to these Terms of Service, as amended from time to time ("Terms of Service"), Fundall Limited shall provide:

 

  1. the FundAll Limited platform to you through its website at www.FundAll.org and its mobile applications (the "FundAll Limited Platform") and
  2. related services (collectively, the FundAll Limited Platform, including any new features and applications, the "FundAll Limited Services"), to

 

  1. organiser (as defined above),
  2. beneficiary of a campaign,
  3. contributor or donor (collectively referred to herein as a "User") located in Uganda. If you are a User located outside of Uganda. Unless specifically indicated otherwise, for purposes of the following Terms of Service, "FundAll Limited ", "we", "us", "our" and other similar terms, shall refer to the party with whom you are contracting.

User responsibilities

10. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any content under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).

11. Failure to comply with the above is a User default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE FUNDALL LIMITED SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

12. We reserve the right, at our sole discretion, to change or modify parts of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.

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

14. In addition, when using the Services, you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such guidelines or rules are hereby incorporated by reference into these Terms of Service (provided, however, that these Terms of Service take precedence in the event of a dispute). We shall resolve any such disputes at our sole discretion and all of our decisions are final and binding.

ACCESS AND USE OF THE SERVICES

15. FundAll Limited Services Description: The FundAll Limited Services are offered as a platform to allow an individual or entity (the "Campaign Organiser") to post a fundraising campaign ("Campaign") to the FundAll Limited Platform to accept monetary donations ("Donations") from donors ("Donors").

16. Payment Processor: FundAll Limited is not a payment processor and does not hold any funds. Instead, FundAll Limited uses third-party payment processing partners to process Donations for a Campaign ("Payment Processor"). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.

17. Payment Processor Fees: Although there are no fees to set up a Campaign, industry-standard payment processor fees apply (hereinafter and on the website referred to as "Payment Processor Fees"). To learn more about the FundAll Limited Platform.

18. The Services are platforms; We are not a Broker, Financial Institution, Creditor or NGO: The Services are administrative platforms only. FundAll Limited facilitates the Campaign of the Campaign Organisers and permits Donors to make donations to these Campaign Organisers. FundAll Limited is not a broker, agent, financial institution, creditor or an NGO.

19. All information and content provided by FundAll Limited relating to the Services is for information purposes only and FundAll Limited does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, 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.

20. FundAll Limited 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 Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause 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 Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign or event.

21. No Solicitation: The FundAll Limited platform is offered to help Campaign Organisers raise money. FundAll Limited merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by FundAll Limited, and FundAll Limited does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organisation. By using the Services, you understand and agree that FundAll Limited shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign or event.

22. Donors: All Donations are at your own risk. When you make a Donation through either of the Platforms, it is your responsibility to understand how your money will be used. FundAll Limited is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please click the "Report fundraiser" link on the Campaign to alert our team of this potential issue and we will investigate.

23. FundAll Limited makes no representation as to whether all or any portion of your Donations, including any Payment Processor Fees, are tax deductible or eligible for tax credits. FundAll Limited will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterisation on any applicable tax return of any Donation by you, any User or any Charity. You should consult a 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, and particularly if you are awarded a gift or prize in connection with your Donation.

24. Donors shall provide FundAll Limited with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, some of Donor’s personal information will be shared with the Charity to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity in accordance with the Charity’s Privacy Policy. FundAll Limited is not responsible and shall not be liable for any Charity’s use of any Donor information.

25. Campaign Organiser: You, as a Campaign Organiser, represent, warrant and covenant that:

  1. all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users;
  2. all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide;
  3. if you withdraw donations believed by reasonable 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;
  4. if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds;
  5. you will not infringe the rights of others;
  6. you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions and asset disclosures for your project; and
  7. 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. You authorise FundAll Limited, and FundAll Limited reserves the right to provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

If you use the Services as an agent of an NGO (Charity) using the services to raise funds for such Charity, you represent and warrant that:

  1. you are a representative of the Charity; which representative is authorised to raise funds or bind the Charity to these Terms of Service;
  2. 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;
  3. all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose;
  4. your Charity has and will maintain tax-exempt status under applicable law (e.g. the Internal Revenue laws or the Income Tax Act in Uganda); or
  5. if your Charity is in Uganda, your Charity is registered and is listed in the database of registered charities in Uganda.

26. Your Registration Obligations: You may be required to register with FundAll Limited in order 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. Campaign Organisers must register using their true identities (or the identities of the Charities’ authorised representatives), including their name, address and any image or video purporting to depict the Campaign Organiser or the Beneficiary of such a campaign. You agree to keep registration details current and up-to-date.

27. Registration data and certain other details about you are governed by these Terms of Service and our Privacy Policy. If you are under 18 years of age, you are not authorised to use the Services, with or without registering. In addition, if you are under the age of majority 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 FundAll Limited has entered into contracts, in order to be able to benefit from their services. If FundAll Limited or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you.

28. You acknowledge and agree that the use of third-party Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

Ownership of Donor Lists and Data

29. With respect to Charities using the FundAll Limited Platform, a Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. If the Charity has a Charity Contact log or account on the Platform, FundAll Limited shall transfer all Donor Lists and Donor Data to Charity’s log/account. "Donor Data" shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the project and event associated with the Donation. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY'S CAMPAIGN OR EVENT CONDUCTED THROUGH THE SERVICES ("DONOR LISTS") ARE PROVIDED "AS IS", AND FUNDALL LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section.

30. Taxes: It is your responsibility to determine which taxes, if any, 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.

31. 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 (a) immediately notify FundAll Limited of any unauthorised use of your password or account or any other breach of security; and (b) sign out from your account at the end of each session when accessing the Services. FundAll Limited will not be liable for any loss or damage arising from your failure to comply with this Section.

32. Modifications to Services: FundAll Limited 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.

33. Public Content, Public Display of Information and Donations: Some of your activity on and through the Services is public, such as any content you post publicly on the Platforms (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) ("User Content"). Additionally, user profile information, including your first and last name, public email address, organisation, 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 Campaign Organiser, you might post personal details – such as information about a recent hospital stay – which might be considered sensitive data. 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 explicit information that 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 details about you and your use of the Services.

34. Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. 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, "Unsolicited Information"). By sending us Unsolicited Information;

  1. you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information;
  2. you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development;
  3. you agree that FundAll Limited will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you;
  4. you represent and warrant that you have all rights necessary to submit the Unsolicited Information;
  5. to the extent necessary, you hereby grant to FundAll Limited a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable right (through multiple tiers) and licence 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 Unsolicited Information, and to sub-license the foregoing rights; and
  6. you irrevocably waive, and cause to be waived, against FundAll Limited and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services.

35. You acknowledge and agree that FundAll Limited  may retain Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such retention or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms 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 FundAll Limited , its users or the public.

36. 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 Campaign or a donation), either by submitting 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 FundAll Limited  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

  1. contact such third party using the Third-Party Data provided, and/or
  2. 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 of "opting out" of receiving further communications of a similar nature.

37. Promotions on the FundAll Limited Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstake or similar activity (each, a "Promotion") on or through the FundAll Limited Services.

Event Organisers shall be solely responsible for their Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers and ensuring such Events comply with applicable law. Event Organisers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions or refunds.

  1. Fees. Event Organisers that use the Fundall Services to process Event registrations agree to pay FundAll Limited a Payment Processor Fee for each Event registration.
  2. Receipt of Registration Fees. Receipt of registration fees, minus any applicable Payment Processor Fees, is based upon and subject to the Payment Processor's procedures and terms.
  3. FundAll Limited does not withhold funds for tax purposes or otherwise. Event Organisers will be solely responsible for taxes based on applicable international, local or any other taxes.
  4. Chargebacks and Refunds. Occasionally, an Event Registrant may dispute a credit card charge for a Donation through the GFM Charity Services. All refunds for event registrations are handled by Event Organisers. FundAll Limited is not responsible for handling or communicating an Event Organiser's refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organiser to communicate about a refund, or any chargebacks related to a refund. Donors should contact the Event Organiser concerning a refund. Event Organisers agree to deal exclusively with Event registrants concerning refunds.

 

Privacy

38. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

39. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website.

40. For the purposes of these Terms and Conditions:

  1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
  3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

41. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

42. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purposes identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.

43. For any enquiries or complaints regarding data privacy, you can e-mail: janet@jansolicitors.com.

44. Data Retention: You acknowledge that FundAll Limited has no obligation to you to retain data relating to any account or Campaign. You acknowledge that FundAll Limited reserves the right to delete data or to terminate accounts or Campaigns 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.

45. Other FundAll Limited Services: The FundAll Limited Services include certain features that may be made available via a mobile device, including the ability to

  1. upload User Content to the FundAll Limited Platform,
  2. (ii) browse the FundAll Limited Platform, and
  3. (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the "Mobile Services").

46. To the extent that you access Mobile Services, your mobile network'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 network service provider and not all Mobile Services may work with all providers or devices. By using the Mobile Services, you agree that we may communicate with you 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. 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 FundAll Limited account information to ensure that your messages are not sent to the person who acquires your old number.

PROHIBITED CONDUCT

You are solely responsible for complying with all applicable law in relation to your Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, "Upload"). If you are not the beneficiary of the Campaign which you organise, 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 of Service.

The following are examples of User Content and/or use that is illegal or prohibited by FundAll Limited. This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, at our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Campaign, 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, at our sole discretion, deem relevant to 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 such Campaign, freeze or place a hold on Donations and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.

Notwithstanding the foregoing, you agree:

  1. not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
    1. 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 utilise in connection with the Services;
    2. any election campaigns that are not run by a registered organisation within the supported country;
    3. User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest or impossible;
    4. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited or forbidden 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;
    5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
    6. annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing or similar), pyramid schemes, 'get rich quick schemes' (i.e. investment opportunities or other services that promise high rewards), network marketing and referral marketing programmes, debt collection or crypto-currencies;
    7. 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 vouchers, or lotteries;
    8. User Content or behaviour that we deem, at our sole discretion, to be or to reflect an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
    9. for the legal defence of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
    10. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.N. and other economic sanctions under applicable law, unless such activities are expressly authorised by the appropriate governmental authority;
    11. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
    12. pornography or other sexual content;
    13. offensive, graphic, perverse or sensitive content;
    14. the sale of items before the seller has control or possession of the item;
    15. collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to by-pass or otherwise circumvent the designated method of payment as provided by FundAll Limited;
    16. credit arrangements or debt settlement services;
    17. the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those clearly stated in the Campaign;
    18. publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
    19. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value;
    20. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
    21. counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder;
    22. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
    23. authorised sale or resale of brand name or designer products or services;
    24. sale of goods or services that are illegally imported or exported;
    25. processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
    26. collecting or providing funds for any purpose other than as described in a Campaign description;
    27. any other activity that FundAll Limited may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud and activities of a similar nature; or
    28. any other activity that FundAll Limited may deem in its sole discretion to be unacceptable.
  2. not to use the Services to transmit or otherwise upload any User Content that

 

  1. infringes any intellectual property or other proprietary rights of any party;
  2. you do not have a right to upload under any law or under contractual or fiduciary relationships;
  3. 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;
  4. poses or creates a privacy or security risk to any person;
  5. constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "chain letters", "pyramid schemes", "contests", "sweepstakes" or any other form of solicitation; or
  6. in the sole judgment of FundAll Limited, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose FundAll Limited or its users to any harm or liability of any type;
  1. not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  2. not to harvest, collect or publish personally identifiable information of others;
  3. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
  4. 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;
  5. not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
  6. not create any liability for FundAll Limited 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;
  7. not to engage in any conduct that, in FundAll Limited ’s sole judgment and at FundAll Limited 's sole discretion, restricts or inhibits any other user from using or enjoying the Services;
  8. not to interfere with or disrupt any servers or networks used to provide the Services or their respective features or disobey any requirements of the networks FundAll Limited uses to provide the Services;
  9. not to gain unauthorised access to the Services, or any account, computer system, or network connected to these Services, by any unauthorised or illegal means;
  10. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
  11. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms which is expressly permitted;
  12.  
  13. 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;
  14. undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
  15. attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all Donations you make or accept through the Services, you agree:

  1. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
  2. 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 by Uganda government;
  3. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by FundAll Limited from time to time;
  4. to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for FundAll Limited to verify compliance with these Terms of Service and make such records available to FundAll Limited 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
  5. at FundAll Limited ’s request, including without limitation in case of investigations by FundAll Limited, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

FundAll Limited reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or FundAll Limited, or that expose you, FundAll Limited, 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 legal obligations. 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 Campaign or to a Charity, a Donor will be required to provide FundAll Limited with information regarding their credit card or other payment method ("Payment Method") that is linked to the Donor’s account on the Services (a "Billing Account"). You, as a Donor, represent and guarantee FundAll Limited that such information is true and that you are authorised to use the applicable Payment Method. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded FundAll Limited  uses third-party payment processing partners to bill you through your Payment source and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor agrees to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners (currently, Stripe, Inc, PayPal, Inc., and Mobile Money), in addition to these Terms of Service, including all our payment partners’ terms of service.

Recurring Donations: Donors may have the option to contribute recurrent Donations (your agreement to make the Donations on a recurring basis, a "Donation Subscription" and each individual Donation made in connection with a Donation Subscription, a "Donation Instalment"), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions are renewed automatically and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platforms, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you;

  1. hereby authorise FundAll Limited to charge your Payment Method the amount of the applicable Donation Instalments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription,
  2. accept responsibility for payment of all Donation Instalments occurring prior to opt out and
  3. agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Method, such as a change in your billing address or credit card expiry date). Changes to or termination of Donation Subscriptions or Donation Instalments will only apply to Donation Instalments that take place after FundAll Limited receives notice of such change or termination.

FundAll Limited does not provide refunds of any amounts received in connection with previously made Donation Instalments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Instalment are the sole responsibility of, and at the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g. the applicable Campaign Organiser or Charity), (b) individual Donation Instalments may not be tax deductible, even if previous Donation Instalments for the same Donation Subscription were, and the amount of each Donation Instalment that is tax deductible may vary, (c) one or more specific Donation Instalment may not be delivered to or received by the applicable cause, charity or Campaign if such cause, charity or Campaign becomes unavailable, unable to accept Donations or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by FundAll Limited  or (d) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Donation Instalment to the next (e.g. if the Payment Processer fees associated with the Donation Instalment change).

Your non-termination of a Donation Subscription reaffirms that FundAll Limited is authorised to charge your Payment Source for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.

Campaign Organisers, Beneficiaries or Charities

Account Holds: From time to time, FundAll Limited may, at its sole discretion, place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein), initiate a reverse, 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 aren’t necessarily limited to, the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organiser is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; (ii) if the funds available (as determined by FundAll Limited  at its sole discretion) should be provided directly to a person other than the Campaign Organiser (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organiser); (iii) if we have reason to believe that a Campaign or Campaign Organiser has violated these Terms of Service; (iv) if FundAll Limited  determines that the Campaign Organiser is colluding with donors to engage in fraudulent activity; (v) if we have reason to believe (at our sole discretion) that there may be suspicious or fraudulent donation activity; or (vi) if required in order to comply with a court order, subpoena, writ, injunction, summons or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please email us at info@fundall.org.

Withdrawing Donations from a Campaign: While FundAll Limited  endeavours to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and FundAll Limited  does not guarantee that Withdrawals will be available to you within any specific time frame, and FundAll Limited  expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organiser, are responsible for ensuring that the information you provide to FundAll Limited in order to process a Withdrawal, including your bank account details, is accurate and up to date. FundAll Limited may, at any time, for any reason, without notice, and at its sole discretion, offer or issue a refund of Donation(s) with or without consulting you, which may comprise the total amount donated to your campaign. FundAll Limited is not liable to you or to any third party for any claims, damages, costs, losses or other consequences caused by FundAll Limited issuing refunds, including, but not limited to, transaction or overdraft fees.

Payment Processors

FundAll Limited uses Payment Processors to process Donations for your Campaign and thereafter deliver it to you. In order to withdraw funds from a Campaign, a Campaign Organiser or, if not the same, Beneficiary (collectively "Withdrawing Entity") will be required to provide the Payment Processor with information regarding bank account details ("Withdrawing Account"). You, as Withdrawing Entity, represent and warrant to Payment Processor and FundAll Limited that such information is accurate and that you are authorised to use the applicable Withdrawing Account.

By setting up a Campaign or accepting the role of Beneficiary to a Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors (currently, Stripe, Inc, PayPal, Inc., and Mobile Money), in addition to these Terms of Service, including all our payment partners’ terms of service.

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 intellectual property rights and laws. Except as expressly authorised by FundAll Limited, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part. The foregoing does not apply to your own User Content that you upload to the Services legally. 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 FundAll Limited from accessing the Services (including by having your IP address blocked), 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 authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of FundAll Limited, our affiliates and our partners (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, sub-license or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by FundAll Limited.

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

Third-Party Material: Under no circumstances will FundAll Limited 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, for 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 FundAll Limited does not pre-screen User Content, but that FundAll Limited and its designees will have the right (but not the obligation) at 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 FundAll Limited  and its affiliated companies and users a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable licence 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. Notwithstanding the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless FundAll Limited  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 licences, waivers and releases from such person(s) for the benefit of FundAll Limited in a manner fully consistent with the licences, 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 licences, waivers and releases set forth herein (or FundAll Limited '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, (i) 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 of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.

Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, FundAll Limited is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.

Copyright Complaints: FundAll Limited 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 FundAll Limited of your infringement claim in accordance with the procedure set forth below.

FundAll Limited will process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Laws and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to FundAll Limited 's Copyright Agent at info@fundall.org.

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

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work 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 faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under oath, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised 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 authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send us a written counter-notice containing the following information.

  • 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, FundAll Limited will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright 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.

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"). FundAll Limited 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 FundAll Limited is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that FundAll Limited 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 FundAll Limited 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 FundAll Limited  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 FundAll Limited 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 FundAll Limited  and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal 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 Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that FundAll Limited has the right to conduct its own defence of any claims at its own discretion and that you will indemnify FundAll Limited for the costs of its defence (including, but not limited to legal 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. FUNDALL LIMITED 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.

FUNDALL LIMITED AND ITS AFFILIATES MAKE NO GUARANTEE 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 FUNDALL LI