A. Introduction

1. Welcome
2. Accessing and using ComFundMe
3. Your privacy
4. Account registration

B. Creating Campaigns

1. Our role
2. Organisers
3. Backers
4. Other important terms

C. Additional terms for Groups

1. Our role
2. Campaign Organisers
3. Backers

D. Terms for Community Members

1. About the content you and other users provide to ComFundMe
2. Exchanging personal information with other Users
3. Misuse of the site
4. Disputes between Community Members

E. General provisions

1. Our content 
2. Third-party software
3. Links
4. Promises, liability and disclaimer
5. Indemnity
6. Copyright complaints
7. General complaints and requests for further information
8. Written communications
9. General
10. Changes to these Terms and to Comfundme.com
11. Contact us

A. Introduction

This section contains information about our website and the fundraising platform we provide. It also explains how to access and register with the website and provides links to our policies and guidelines. These apply to your use of this website including the types of content you are permitted to post, the types of campaigns and related rewards we permit you to offer and what we do with any personal information we collect as you use this website.

Please note that we do not offer regulated investments through the platform, neither are Community Members allowed to do so. Therefore, we are not authorised or regulated by the Securities and Exchange Commission (SEC). For the purpose of clarity, fundraising on the ComFundMe is only for social causes and may not be used for funding businesses, savings, raising capital or any form of investment. Any person, group or organization that violates this provision is liable to be reported to the appropriate agency and could be liable for prosecution.

1. Welcome

1.1 Welcome to ComFundMe. The www.comfundme.com website and all other websites in the ComFundMe family of websites and the services provided through them (collectively, “comfundme.com”) are operated and owned by Techvibes International Limited (“we”, “us” or “our” as appropriate). For further information about us and our contact details, please visit the About Us page and see paragraph 11 of Section E, Contact us below.

1.2 We may make our services available through a number of channels. They are currently available through comfundme.com.

1.3 To make these Terms quicker to read, we use a few key definitions: we refer to Community Members (as defined below) that are seeking to raise funds as “Campaign Organisers”, their fundraising projects as “Campaigns”, the aims of a Campaign as its “Campaign Goal”, Community Members and guests that support those Projects by contributing funds as “Contributors”, their contributions as “Pledges”, the minimum total value of Pledges sought by a Campaign Organiser for a particular Project as the “Funding Target”, the maximum period for which Pledges can be made for a Project as the “Fundraising Period” and the total value of Pledges (excluding cancelled Pledges) that a Project has received at the end of the Fundraising Period as “Total Pledges”. Community Members and other visitors to comfundme.com are referred to as “Users,” “Guests” or “you”, as applicable. 

1.4 We provide a platform for individuals and organisations registered with comfundme.com (“Community Members”) to raise funds for causes that benefit themselves, others or their communities. The platform allows Campaign Organisers to promote their campaigns as best they can.

1.5 These Terms of Use are organised into 5 sections. Those in this Section A and in Section E apply to all Users, whether Community Members or those just visiting. Those in Sections B and C apply specifically to Campaign Organisers and those in Section D apply to all Community Members.

1.6 You will see that each section of these Terms of Use begins with a ‘highlight’ text box which summarises the key terms in that section. These highlights are an informal summary and do not form part of the contract between us.

1.7 Please read these Terms carefully before you start to use comfundme.com, as they will govern your use of comfundme.com, the Projects that you create and offer as a Campaign Organiser and the Pledges you make as a Donor, as well as the content you post as a Community Member. We recommend that you print or save a copy of these Terms for future reference.

1.8 By using comfundme.com, you confirm that you accept these Terms and that you agree to comply with them. If you are using comfundme.com in connection with your organisation, the terms 'you', 'your' or 'your organisation' in these Terms are also a reference to the business, charity institution or other organisation or entity (“Business”) on whose behalf you act when using, registering, funding or creating a Campaign/Project on comfundme.com. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to comfundme.com or interact with its Community Members.

1.9 If you have any queries or concerns regarding these Terms, please contact us using the details in paragraph 11 of Section E, Contact us below.

2. Accessing and using Comfundme.com

2.1 Anyone can access comfundme.com. However, to post a Campaign/Project and become a Campaign Organiser you will need to register as a Community Member by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the age at which you are legally recognised as an adult in your jurisdiction and there must be no reason why you should not be in contact with any other Community Members. To create an account, please go to the Sign Up page. To receive funds raised from Campaigns, Campaign Organisers must have a bank account with a Bank registered in Nigeria and provide a valid Bank Verification Number. Additional documentation will be requested for Campaigns with Fundraising Targets exceeding Five Hundred Thousand Naira (N500,000) or for Groups exceeding 7 members. To make a Pledge, donors will require a valid payment card acceptable to us.

2.2 You are not eligible to use comfundme.com if we have temporarily suspended or previously terminated your access to comfundme.com and we have not expressly authorised you in writing to resume using comfundme.com.

2.3 We try to make comfundme.com available at all times, but, of course, we cannot guarantee this. Please see further paragraph 4 of Section E, 'Promises, liability and disclaimer' regarding the availability of comfundme.com.

3. Your privacy 

3.1 We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.

4. Account registration

4.1 You can sign up and create your account on the Sign Up page. Before your account is activated, you will be asked to confirm your acceptance of these Terms.

4.2 You must make sure that all the information you provide when you register with comfundme.com is true, accurate, current and complete.

4.3 If you change any of your registration details (e.g. email address, telephone), you must update your account.

4.4  To help us maintain the security of comfundme.com, you, please do not share your login details with any person at any time (nor leave your device unattended whilst logged into comfundme.com) as you will be held responsible for all activities that occur on your account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.

4.5 In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to comfundme.com and/or to any content made available on comfundme.com.

4.6 You can request deletion of your account at any time as long as you do not have any active Projects or any outstanding Pledges relating to unexpired Projects you have supported. Please email us to request deletion of your account.

4.7 We reserve the right to delete your account at any time.

 

B. Creating Campaigns and making Pledges.

This section sets out the terms that apply to the projects that you create and the pledges or other contributions you make in support of projects.

1. Our role

1.1 What we do

1.1.1 We provide an ‘online meeting place’ and platform through which Community Members can raise finance for their social projects or causes. By providing this platform, together with crowdfunding tips and guidance, we facilitate agreement between Campaign Organisers Donors for Pledges, subject always to these Terms; ‘ground rules’ that we put in place to act as safeguards for the benefit of all Community Members.

1.1.2 Although we may from time to time agree to promote and advertise certain Campaigns or help to raise awareness of their Project Goals, we will not be involved in the management of or use of Pledges in relation to a Campaign.

1.1.3 We shall ensure all Pledges made in relation to Campaigns are appropriately processed and transferred to the Bank account of the organisers no later than 48 hours after the agreed time period.

1.1.4 We shall ask all Donors making Pledges to confirm that they accept responsibility for ascertaining the true nature of any campaigns they are contributing to.

1.1.5 We shall ask all Campaign Organisers to confirm that the campaigns they are raising funds for are legal in nature.

1.2 What we don’t do

1.2.1 Other than as mentioned above, we do not have any involvement in any arrangements Community Members make with each other through comfundme.com. We therefore do not accept any responsibility for the nature or quality of a Campaign/Project, nor do we promise that any Community Member, whether Campaign Organiser or Donor, will do as they promise. The arrangements you make are solely private and the contracts relating to Projects, Campaigns and Pledges, are made directly between the individual parties concerned. Accordingly, when using comfundme.com, you take full responsibility for your arrangements with other Community Members whom you contact and the nature, terms and extent of your arrangements with them and obligations to them.

1.2.2 We do not verify the identity of everyone who becomes a Community Member nor the information they provide about their Campaign/Project. We cannot therefore give any guarantee that any of the Community Members are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any Community Members or their Campaigns/Projects.

3. Donors

3.1 Types of contribution

3.1.1 Donors can contribute to a Campaign/Project by:

(a) making payments as a guest.

(b) making payments as Community Members.

3.1.2 You acknowledge that your contribution does not entitle you to any rights in or to any Campaign/Project, including any ownership, control or intellectual property rights.

3.1.3 At the time you make a donation you will be required to pay any applicable bank/gateway charges.

3.2 Making a Donation.

3.2.1 You can make a Pledge by visiting the Project Profile Page of a Campaign/Project, entering the amount you wish to contribute and then selecting your payment method and submitting payment.

3.2.2 Your username may be made publicly available in connection with each Campaign/Project for which you make a donation as a Community Member unless you choose to make the donation anonymously as a guest.

3.3 Payment methods

3.3.1 Once you have confirmed the amount you wish to donate, you will be prompted to pay via our third party payment provider, Flutterwave Limited (“Flutterwave”).  Separate terms and conditions will apply to the provision of payment services provided to you by and the payments you make using its services (“ComFundMe Payments”).  Any personal information you provide to Flutterwave will be processed in accordance with its privacy policies and not ours. Please see our Privacy Policy for further details regarding your personal information and the third party service providers that we use.

3.3.2 When paying using ComFundMe Payments we take your donation immediately and hold it in a secure account. We are therefore responsible for distributing funds to Campaign Organisers and for issuing refunds while the Project is open. Please see paragraph 3.6.4 in this Section B for further details on refunds.

3.3.3 For All Or Nothing Projects, if the Funding Period ends but does not meet or exceed its Funding Target, your donation will be refunded within 5-10 days. 

3.3.4 If you make a donation on a Sweep What Is Raised Project, your Pledge will only be refunded if we or the Campaign Organiser cancels the Project (without closing the Project). Donations for Forever Funding Projects cannot be cancelled.

3.3.5 Donations made to ComFundMe Campaigns will be processed using Flutterwave.

3.3.6 Once your donation has been distributed to a Campaign Owner, the Campaign Organiser shall be solely responsible for issuing, and responding to requests for, any refunds. We shall not be liable for any Campaign Organisers’ failure to issue any refunds to you.

 

D. Terms that apply to all Community Members

This section sets out the main terms of use for the comfundme.com community. It explains how to upload content, and provides the ground rules for contributing content. This section also describes what action we may take if any use ofcComfundme.com does not comply with our terms and conditions.

1. About the content you and other Users provide to comfundme.com

1.1 The rules of the comfundme.com community

1.1.1 The following rules apply to your use of the community features contained on comfundme.com:

(a) any content which you and other Users post or contribute to comfundme.com using its community features (including content you upload to your Project Profile Page, comments you make on Projects Profile Pages, internal messages and Project updates) is generally known as “user generated content” or “UGC” for short. Paragraphs 1.1.2 to 1.2.1 below in this Section C set out the rules for contributing content, how we and other Users may use your UGC and how you can use their UGC.

(b) obviously we positively encourage Community Members to make full use of comfundme.com and in particular to participate in the comfundme.com community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules:

1.1.2 You agree to ensure that:

(a) you only contribute UGC to comfundme.com if you know that you have the necessary rights to do so. By contributing UGC to comfundme.com, whether text, images, video, sound recordings or other material, you are promising to us and to other Users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Comfundme.com in accordance with these Terms and permit its use via Comfundme.com and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to Comfundme.com.

(b) all information provided by you via comfundme.com or which you provide to other Community Members or in connection with any Project is accurate, true and up to date in all respects and at all times and is not misleading in any way;

(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;

(d) you will use comfundme.com and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;

(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via comfundme.com or disclose or use any contact information that they may provide to you without their consent;

(f) you will cease to contact anyone that you have contacted via comfundme.com immediately if they request you to do so; and

(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through comfundme.com and to permit use of such content and image by any third parties we may authorise under these Terms. 

1.1.3 You may not:

(a) distribute or post spam, in particular by sending unsolicited marketing messages to other Community Members, or distribute or post chain letters, unsolicited loans (comfundme.com strongly recommends that you do not make contact with members offering you unsolicited loans. comfundme.com cannot be liable for any losses incurred if you choose to ignore this advice) or pyramid schemes;

(b) distribute viruses or any other technologies that may harm comfundme.com or the interests of Users of comfundme.com or Community Members or otherwise interfere with or disrupt our servers;

(c) post or transmit any advertisements for or solicitations of business;

(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;

(e) except as permitted under these Terms, copy, modify, or distribute our content or trademarks from comfundme.com or Community Members’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;

(f) harvest or otherwise collect or use information about Community Members without their explicit consent;

(g) impersonate another Community Member or person, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Community Members;

(i) continue to use comfundme.com if your access to comfundme.com has been suspended or your account terminated; 

(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying comfundme.com, or which, in our judgment, exposes us to any liability or detriment of any type; or

(k) upload, post or publish to comfundme.com or otherwise provide to us any personal data about children (i.e. individuals under 18) or ’special category’ or criminal conviction data.  

1.1.4 Please note that any posting of information or sending of internal messages on or via comfundme.com is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.

1.2 Who can use your UGC and how they can use it

1.2.1 When you contribute UGC to Comfundme.com:

(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;

• make all or any part of your UGC available through comfundme.com to other Users of comfundme.com;
• include certain UGC in our newsletters;
• allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and
• allow third parties to link to pages on comfundme.com which contain your UGC.

(b) you are granting to every other user of comfundme.com unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph 1 of Section E below, Our content.

1.2.2 You (or, where applicable, your licensors) will retain all intellectual property rights in the UGC you contribute to comfundme.com and nothing in these Terms shall assign or otherwise transfer any ownership of any such rights in or to your UGC.

1.3 Monitoring your UGC

1.3.1 3.1 We may (but are not obliged to) monitor the use of the community facilities from time to time however we still rely on you to inform us of any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Comfundme.com please contact us.

1.3.2 We are not involved in any arrangements made between Users. Any postings on comfundme.com and the uploading of any photos, pictures, videos, animations or other audio-visual material to comfundme.com by Community Members does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact ComFundMe if you have any concerns about the content of any information seen on the website.

1.3.3 Please note that any information posted via the functionality available on comfundme.com is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.

2. Exchanging personal information with other Users

2.1 Disclosing personal information

2.1.1 Please be careful when using comfundme.com and any community facilities that you do not reveal any information from which you can be personally identified by other Users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.

2.2 Receiving personal information

2.2.1 If you wish to make a complaint about any issue regarding personal information please send an email to us. For more information on how we handle complaints, please see paragraph 7 of this Section D below.

3. Misuse of Comfundme.com

3.1 We reserve the right (but we are not obliged) to do any or all of the following:

• record the content (including any communications), the comfundme.com community or in our communication systems;
• investigate a claim that any one or more items of content do not comply with the community rules set out under paragraph 1 of this Section D, About content you and others provide to comfundme.com, and determine in our sole discretion to remove or request the removal of the content;
• remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
• terminate a user's access to post content;
• monitor, edit, or disclose any content;
• edit or remove any content posted on comfundme.com, regardless of whether such content breaches these Terms;
• suspend or terminate your access to comfundme.com.

3.2 If you disagree with a decision made by us, you should email your appeal to us. You must not use the community facilities to dispute or argue about any decision we make.

3.3 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.

4. Disputes between Community Members

4.1 We are under no obligation to become involved in disputes between any Community Members, or between Users and any third party arising in connection with the use of comfundme.com. This includes, but is not limited to, the fulfilment of Rewards or other commitments and services, and any other terms, conditions, warranties, or representations associated with Projects. We do not monitor and are not liable to you for the performance or punctuality of Projects nor do we endorse them.

4.2 We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Community Member.

 

E. General provisions

This section sets out the terms that apply to everyone who uses comfundme.com.

1. Our content

1.1 All of the content on comfundme.com is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by Nigerian and international copyright and other intellectual property laws.

1.2 Our content includes any information or other material found on or via comfundme.com, including without limitation text, databases, graphics, videos, software and all other features found on or via comfundme.com.

1.3 We make comfundme.com, our content and any UGC available through comfundme.com for your personal, non-commercial use only (please see paragraph 1 of Section D, About the content you and others provide to comfundme.com for further details about the UGC that we make available through comfundme.com). You may view comfundme.com’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on comfundme.com without our prior written consent.

1.4 To be clear, you are not in any circumstances permitted to:

1.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Project on the Project Profile Page and/or your Business (if applicable);

1.4.2 edit any such content; or

1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.

1.5 The trade marks, logos and brands appearing on comfundme.com are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.

2. Third-party software

2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on comfundme.com. This software will be clearly identified on comfundme.com.

2.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.

3. Links

3.1 You acknowledge that comfundme.com may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.

3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.

3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.

3.4 If you use any linked websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.

3.5 You may only link to comfundme.com provided that:

3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree; and

3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;

3.6 We reserve the right to withdraw linking permission to any time without prior notice.

4. Promises, liability and disclaimer

4.1 We promise that we will operate comfundme.com with reasonable skill and care. Otherwise, the content and services available on comfundme.com are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this paragraph 4.1 and paragraph 4.3 of this Section E, we disclaim any and all promises, warranties, conditions, or representations relating to Comfundme.com and its content, whether express, implied, oral or written. In particular:

4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on comfundme.com and you should not rely on it being accurate, truthful or complete.

4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto comfundme.com.

4.1.3 Any posting of comments or information on comfundme.com is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.

4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the ComFundMe Payments and Flutterwave online payment processing services.

4.1.5 You agree that your access and use of comfundme.com and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on comfundme.com is used. The content and information that we make available on comfundme.com is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on comfundme.com or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on comfundme.com.

4.1.6 By using comfundme.com you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of comfundme.com, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:

1. a) We do not make any promises about the availability or accessibility of comfundme.com or promise that your access to comfundme.com, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
2. b) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on comfundme.com. It is your responsibility to make backup copies of any of the content you post, upload or publish on comfundme.com and we strongly recommend that you do so;
3. c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, comfundme.com or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of comfundme.com is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
4. d) Whilst we hope that you will find the websites linked to on comfundme.com of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.

4.2 If you are dealing with us and Campaign Organisers as a Community Member, you have certain rights. Nothing in these Terms will reduce these legal rights.

4.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:

4.3.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or

4.3.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.

4.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 9.3 of this Section E).

4.5 Subject to paragraph 4.3 of this Section E:

4.5.1 IF YOU ARE A COMMUNITY MEMBER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND

4.5.2 IF YOU ARE A CAMPAIGN ORGANISER THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:

(a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR

(b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,

IN EACH CASE FOR (a) AND (b), HOWEVER ARISING; AND

(c) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE PROJECT TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF N10,000.

5. Indemnity

5.1 You agree only to use comfundme.com in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to comfundme.com or any actions you take which disrupt access to and/or the functioning of comfundme.com) or any liability we incur as a result of the use of comfundme.com by you and any other person that uses your account with your permission or as a result of your negligence.

6. Copyright complaints

6.1 We respect the intellectual property rights of others, and we prohibit Users of comfundme.com from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.

6.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 11 of this Section E.

6.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Community Members we determine to be repeat infringers of others’ copyrights. Please see paragraph 3.2 of Section D for further details.

6.4 Content hosted on third-party websites accessible from comfundme.com is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.

7. General complaints and requests for further information

7.1 We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.

7.2 If you have any general complaints or wish to request further information about comfundme.com, please contact us via email or by post to the address set out under paragraph 11 of this Section E, Contact us, and we will do our best to resolve these.

Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 8 weeks of the complaint being received.

8. Written communications

8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using comfundme.com, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on comfundme.com. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. General

9.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).

9.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.

9.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

9.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.

9.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

9.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

9.7 Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors.

9.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.

9.9 Territory. Comfundme.com is controlled and operated from Nigeria. If you choose to access ComFundMe from outside Nigeria, we make no representation that the content and operation of comfundme.com will comply with local laws.

9.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with arbitration principles. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of Nigeria which will, subject to paragraph 9.11 of this Section E, have exclusive jurisdiction to deal with such dispute.

9.11 Nothing in paragraph 9.10 of this Section E shall deprive Community Members of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.

10. Changes to these Terms and to Comfundme.com

10.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on comfundme.com. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on comfundme.com, whichever is the earlier. If you continue to use comfundme.com after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using comfundme.com.

10.2 We reserve the right to change, suspend or discontinue the comfundme.com website and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of comfundme.com without notice to you and without incurring any liability.

11. Contact us

11.1 ComFundMe is a licensed product of Techvibes International Limited, a company incorporated in Nigeria. Our registered office address is Techvibes International Limited, 3 Isiyaku Ismaila Crescent, Wuye District, Abuja, FCT.