Date of Last Revision: September 4th, 2020.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW, BY USING THE FELLOW FUNDING SERVICES (COLLECTIVELY “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 ARBITRATION AND CLASS ACTION WAIVER SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
“Campaign” means an initiative, cause, event, or goal intended to raise funds through the Services.
“Campaigner”, “Campaign Organizer”, “Charity” means an individual, a group of individuals, or any entity that benefits from Donations through a Campaign.
“Donor” means users who contribute funds to any Campaign.
“Donation” means gift for charity, humanitarian aid, or to benefit a cause.
“You” or “Your,” can mean the person who donates, campaigns, accesses, uses, and/or participates in the Services in any manner, and each of your assigns, heirs, and successors.
If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
SECTION 1 - PROHIBITED CONDUCT
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- Is false, misleading, untruthful or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Fellow Funding or any third party; or
- Impersonates any person or entity, including any employee or representative of Fellow Funding.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Fellow Funding’s services, regardless of the purpose of the use.
SECTION 2 - ADMINISTRATIVE PLATFORM ONLY
Fellow Funding facilitates the Donation transaction between Campaigners and Donors, but is not a party to any agreement between a Campaigner and a Donor, or between any user and a Charity. Fellow Funding is not a broker, agent, financial institution, creditor or insurer for any user. Fellow Funding has no control over the conduct of, or any information provided by a Campaigner or a Charity, and Fellow Funding hereby disclaims all liability in this regard.
Fellow Funding does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaigner, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaigner, or Charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner or Charity, as applicable. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we try to do the verifications for most campaigns and more important we take possible fraudulent activity and the misuse of funds raised very seriously.
SECTION 3 - NO SOLICITATION
We aim to provide the best fundraising experience. We want everyone, everywhere to be able to raise money for the things that matter to them most. By using our Services, consent that Fellow Funding shall not be liable for any use of your donations made within our website.
SECTION 4 - USER CONTENT
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:
- By Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Fellow Funding a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Fellow Funding’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Fellow Funding does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
- You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
- Understand that Fellow Funding shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Fellow Funding will not be liable for any errors or omissions in any content; and that Fellow Funding cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
- Fellow Funding does not endorse any User Submission. Fellow Funding cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
SECTION 5 - DONOR CONDUCT
The Donor further agrees and declares that the Donor is aware that Fellow Funding has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any campaign pursuant to which the Donor has donated money(s) for any campaign via Fellow Funding on the Website.
The Donor shall conduct their independent due diligence with respect to any information/campaign listed by a before making any donations on the Website as Fellow Funding shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
You, as a Donor, represent and warrant to Fellow Funding that all information, including information related to credit cards other payment instrument, you provide to Fellow Funding is true. You are authorized to use the payment instrument. You agree that all Donation payments are final and cannot be refunded.
SECTION 6 - CAMPAIGN ORGANIZER
You, as a Campaigner/ Campaign Organizer represent, warrant, and covenant that
- You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. Fellow Funding is not responsible in any way whatsoever towards the end utilization of funds.
- This fund-raising page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, and if your campaign is not rejected by Fellow Funding. You may or may not be able to raise the targeted amount in the designated period. Fellow Funding can reject your fundraiser for inappropriate or insufficient content, at its sole discretion.
- Fellow Funding will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilization of funds.
- You understand that the funds are not owned by Fellow Funding or its affiliates. At the time of transfer of funds, you will receive contributions net of Fellow Funding Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and Fellow Funding.
- it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. Fellow Funding will not have any liability, in any form whatsoever, in this regard.
A Campaigner shall ensure that the information and the Fundraiser do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your campaign and the need and the use of the funds raised. If any rewards or promotions are being offered to the donors / contributors, you acknowledge the same if products, shall be kept in stock by you and if services personal or otherwise are fulfilled by you.
We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. We shall have sole discretion to cancel, remove or suspend Campaigns or Funding that we, or our third-party payment gateway providers, believe to be involved in money laundering. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We, or our payment gateway providers, may, at our sole discretion, also perform any enquiry or examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions as mentioned in this paragraph.
SECTION 7 - YOUR REGISTRATION OBLIGATIONS
Fellow Funding reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Fellow Funding password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Fellow Funding in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
SECTION 8 - TAXES
SECTION 9 - PAYMENTS
We are not a payment processor, instead, we use third party payment gateways for all transactions in our site. We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
Campaign Organizers will get the funds sent to them within 60 days after the successful completion of a Campaign barring any unforeseen circumstances such as (1) a possible violation of the Terms or any other law, rule, or regulation, (2) inaccurate information associated with the Campaign or any donations which can delay the transfer of funds, or (3) delay based on Holds as set forth in the Account Suspensions section.
We may refund all donations to a Campaign if we have not received sufficient Campaign account information or accurate information to transfer funds within 90 days after the Campaign closes. Questions about refunds may be directed to us at email@example.com
SECTION 10 - PAYMENT PROCESSOR FEES
A payment processing fee is deducted from each Donation and is payable directly to our third-party payment processors.
Campaign Owner pays the Service fee plus credit card processing fees which depends on the payment processor, country, or the credit card. In the USA this is typically 2.9% + $0.30 per transaction and potentially subject to additional cross-border surcharges.
Additional information on our fees is available at: www.fellowfunding.com/fees
SECTION 11 - USER ACCOUNT OBLIGATIONS
SECTION 12 - MODIFICATIONS TO SERVICES
SECTION 13 - DATA RETENTION
We will retain your personal information for the period necessary to fulfil the purposes outlined in this privacy notice unless a longer retention period is required or permitted by law. We may retain personal information for longer where required by our legal and regulatory obligations, professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others. With respect to the data and files we handle as a processor, we retain this personal information in accordance with our clients’ instructions.
SECTION 14 - INDEMNIFICATION
SECTION 15 - DISCLAIMER OF WARRANTIES
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR INSTRUCTORS OR INSTRUCTORS, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY INSTRUCTOR OR INSTRUCTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
California residents waives California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
SECTION 16 - LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND INSTRUCTORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 17 - SUSPENSION/TERMINATION
SECTION 18 - COMMUNICATION
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
SECTION 19 - WAIVERS
SECTION 20 - FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 21 - GOVERNING LAW AND JURISDICTION
Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the USA and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
SECTION 22 - THIRD PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
SECTION 23 - ARBITRATION AND CLASS ACTION WAIVER
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, Fellow Funding and the Client (“the parties”) agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.
Any dispute arising out of or relating to this Agreement, or the breach thereof, that cannot be resolved by mediation within thirty (30) calendar days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgement upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language IN accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based.
The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FELLOW FUNDING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity aren’t allowed. No is combining individual proceedings without the consent of all parties.
SECTION 24 - FEEDBACK
We welcome any feedback, comments, and suggestions you may have to improve our Website. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose without restriction or compensation to you.
SECTION 26 - COPYRIGHT
Copyright © 2020 Fellow Funding. All rights reserved. All materials presented on this site are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
If you think your copyrights have been violated by our site, please contact us at firstname.lastname@example.org