Terms and Conditions

This Terms of Use (the "Terms ") constitute a binding agreement between the user and or accessor of the website ("you") and Donate.ng, (“we, us or the Company”) the owners of the website.This Terms of Use (the "Terms ") constitute a binding agreement between the user and or accessor of the website ("you") and Donate.ng, (“we, us or the Company”) the owners of the website.

These Terms governs your use of the donate.ng web site (“Site”) including the materials and information posted on it, and the functionality that enables you to make donations, establish fundraising, create an account, solicit donations for a project, or to use any other functionality offered through the Site.

By using this Site and the Services, Users agree to be bound by these Terms, and any other conditions or policies in respect of the Site issued by us from time to time which are deemed incorporated into these Terms. We reserve the right to amend the Terms at any time by posting a revised version of the Terms on the Site. You are responsible for regularly reviewing these Terms and your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

We reserve the right in our sole discretion to deny users access to the Site or any part of the same without notice and to decline to provide the Service to any user that is in breach of these Terms

Definitions

Under these Terms the following expressions have meaning as follows:

“Campaign Sponsors” means users who are raising funds;
“Campaigns” means users’ fund-raising campaigns;
“Donors” are users contributing donations or supporters or backers;
“Users “shall refer to Campaign Sponsor, Donors and any other visitors of the website.
“Paga” means a payment processing platform provided by Pagatech Limited through its electronic payment platform integrated to the Site portal.

Description of Service

Donate.ng is a platform that enables individuals, entities and charities fundraise for projects, or charitable causes by accepting monetary donations from persons or entities through the payment’s methods displayed on the website (the “Services”). Funds from a Campaign are immediately credited into the Campaign Sponsor’s Paga business wallet.

Eligibility

This platform is available only to individuals that can form legally binding contracts under applicable laws. Although the general information on our website is suitable for users of any age, you must be over 18 years to use the Service and the payment methods displayed on our website.

License to use the Site

We may provide you with certain information as a result of your use of this Site and the Services. Such information may include but is not limited to, documentation, data or information developed by the Company and other materials which may assist in your use of the Site or the Services (“Company Materials”). Subject to this Terms, Donate.ng grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of this Site and the Services. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Site or the Services or at the termination of this Terms.

Campaigns/Projects

We provide a funding platform for campaigns, projects and charitable causes. When a Campaign Sponsor posts a Campaign or project on the Site, they are inviting the public to support their project. Accordingly, Users who support a campaign by donating are accepting the Campaign’s Sponsor offer.

We are not a party to the agreement between the Campaign Sponsor and the Donors and all funds donated with respect to a Campaign/Project are immediately credited into the Sponsor’s Paga wallet. Accordingly, Donate.ng has no power over funds donated to the Campaign Sponsor and shall not be liable for any kind of damages whatsoever which may be incurred or in connection with funds donated to the Campaign Sponsor.

The Campaign Sponsor may decide to refund a donation once the same is closed, however a donation can never and under no circumstances be refunded by Donate.ng once a campaign is closed.

Campaign Sponsors owe their Donors a high standard of effort, honest communication, and a dedication to bringing the project to life.

Donors are aware that there may be changes or delays, and there might be certain circumstances that prevent the Campaign Sponsor from being able to finish the project as promised Provided that Campaign Sponsors must make every reasonable effort to conclude projects.

Donations

Donors are aware that they are giving a donation and a reward might not be given. We strongly encourage you to donate within your budget.

Once you give a donation, we will charge your credit or debit card or your Paga wallet or your bank account. We will authorise your credit for the full donation, at the time of donation in order to collect the funds.

When you donate to or create a project, you are also agreeing to the payment processor’s terms of service.

During the last 48hrs of the campaign, you can’t decrease or cancel your pledge without contacting customer support first. Once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the Campaign Sponsor

Terms applicable to Campaign Sponsors

Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property or for political campaigns.

Campaign Owners are not permitted to offer or provide any of the following as a reward:

any form of financial incentive or participation in any profit sharing;
any controlled substance or drug paraphernalia;
any weapons, ammunition and related accessories;
any form of gambling;
any form of claims to cure, treat, or prevent an illness or condition;
animals or genetically modified organisms.

Campaigns should not include threatening, abusive, harassing, defamatory, libellous, pornographic, profane content, or content that is invasive of another’s privacy.

Acceptance of projects and Campaign is solely and exclusively Donate.ng’s right and the Campaign Sponsors are aware that we reserve the right to refuse a Campaign or Project for any reason whatsoever. We also reserve the right to cancel a campaign should it have any reason to believe that the Campaign Sponsors are acting in an illegal or immoral manner. Following the conclusion of a Campaign project, Campaign Sponsor can decide to refund individual donations.

We will not be charging the Campaign Sponsor any fee at this time for launching a Campaign on this Site. We however reserve the right to revise this position at any time. The Campaign Sponsors acknowledge that there might be a delay between the end of a successful campaign and your access to the funds.

Payment Processing Fees

Please note that donating on the Site is free at this time due to the pandemic and Donate.ng will not be charging any fee in this regard. However, our payment partners may charge a processing fee when you use your payment cards to effect a donation. Notwithstanding the above, Donate.ng reserves the right to amend its policy including the right to charge fees at any time.

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we will announce that on our Site. We are not responsible for the performance of payment gateways. You are responsible for paying any additional taxes if applicable associated with your use of Donate.ng.

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, Donate.ng 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.

Users’ Obligations

You must ensure that all information supplied by you is true, accurate, and up-to-date at all times. You agree to use this Site only for lawful purposes and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of the site by any third party.

You are solely responsible for any information submitted by you to this Site. You also agree that any content posted by you on the Site will not:

be misleading;
break any law or encourage an illegal act;
be defamatory, abusive or offensive;
infringe the copyright, privacy, confidentiality or other right of any third party;
contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; and/or
bring Donate.ng or the Donate.ng website into disrepute.

In addition to the above:

You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of this Site.
Users of this Site in jurisdictions outside Nigeria should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, users should ensure that they are able to use this Site without contravention of legal restrictions in the jurisdiction in which they reside.
You are responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms, and that they comply with them.

Indemnity

You agree to defend, indemnify and hold harmless Donate.ng and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the Site; or (d) information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Site; (e) your conduct or actions, negligence and wilful misconduct.

Intellectual property and Feedback

You agree that this Site and the Services provided by Donate.ng are the property of Donate.ng, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or domain name without express prior written permission from the Company.

You are not authorised to print copies or download extracts from any part of this website without our express consent, as displayed on the website or received from us in writing.

If you are found to be in breach of these Terms as a result of copying, printing, or downloading any area of our website, your right to use and access our website may stop immediately, and we may require you to destroy or return any copies you have made of the materials.

We may request that You provide comments, suggestions, recommendations, ideas or other customer satisfaction feedbacks (“Feedback”) on the feature and functionality of the Services. The Feedback You provide may be in form of videos, texts or images or in any other readable format as may be requested by the Company from time to time. You agree that any Feedback you provide may be used by the Company without limitation, for any purpose, including promoting Donate.ng and improving the Services. You also agree that any Feedback You provide, and any derivative works created from the use of Your Feedback are proprietary to the Company. Your Feedback may be used and exploited without obligation of any kind including the obligation of confidentiality, attribution, compensation or other duty to account to You

Third party content on our website (including content posted by Campaign owners such as pitch content, pitch videos, images and content in the discussions, etc.) is not proprietary to us and is not our responsibility. We do not accept responsibility for such content and you rely on such information at your own will.

If you believe we have breached your intellectual property rights with regards to content on our website, please write a letter to the address below, addressed to Donate.ng, with the following information: (i) evidence of your ownership of such intellectual property; and (ii) the specific location of the infringing content and any copies on our website. We will then review your complaint and take the necessary action, where necessary, including removing such content where relevant. The address for notices/complaints under this provision is:

To: Donate.ng
Address: 176, Herbert Macaulay Way, Yaba Lagos

Use of Personal Information

Through Your use of this Site and the Services, You may provide us with certain information which we may collect, use and store. By using this Site or the Services, you authorize the Company to use your information in Nigeria and any other country where We may operate subject to the applicable data protection laws.

Information we may collect or receive: When use this Site, you may be required to provide us with certain personally identifiable information such as your name, email address, billing information and telephone number (“Personal Data”). Additionally, we may collect non-personally identifiable information such as data collected from browsers, language preference, time zone, screen size, using cookies, web beacons and caches.
How we use information: We use the information gathered from you to ensure your continued good experience on our Site. We may contact you through email or telephone, but we will not spam or send you any messages which are targeted to annoy or harass you. We may also track certain aspects of the non-personally identifiable information received to improve our marketing and analytics, and for this, We may work with third-party providers.
How you can protect your information: If you would like to disable our access to any non-personally identifiable information We receive from the use of various technologies, you may choose to disable cookies and other technologies from your web browser. However, you must understand that We want to provide you with a platform that is meant just for you and these technologies help us to do just that. Accordingly, when you disable the use of these technologies, you may not be able to fully enjoy the customizations we have developed to suit you.

Data Privacy:

Pursuant to applicable data protection laws, the collection, processing and transfer of your Personal Data is necessary for our administration of this Site and your use of the Services. You voluntarily acknowledge and consent (where required under applicable law) to the collection, use, processing and transfer of Personal Data as described in this Terms. Although you have the right to deny or object to the collection, processing and transfer of Personal Data, your denial and or objection to the processing and transfer of Personal Data may affect your use of the Services. We assure you that we will only process your Personal Data exclusively for the purpose of implementing, administering and managing this Site and your use of the Services. The Personal Data processing will take place through electronic and non-electronic means correlated with the purposes for which the Personal Data are collected with confidentiality and security provisions as set out by applicable laws and regulations in Nigeria.
Personal Data will be accessible within our organization only by those persons requiring access for purposes of the implementation, administration and operation of this Site and use of the Services. Donate.ng will transfer Personal Data internally amongst its employees as necessary only for the purpose of implementation, administration and management of this Site and your use of the Services. Donate.ng may further transfer Personal Data to any third party assisting the Company in the implementation, administration and management of this Site. Such third party may be an affiliate of the Company or an independent contractor that the Company may engage to assist with the implementation, administration and management of this Site from time to time, whether within or outside Nigeria. We undertake that the transfer of Personal Data outside Nigeria will be in accordance with the applicable data protection laws in Nigeria and all appropriate consents will be obtained prior to such transfer. You hereby authorize the processing and transfer of your Personal Data in accordance with the terms of this Terms.
You understand that Personal Data will be held only as long as is necessary to implement, administer and manage your use of the Services. You further understand that you may, at any time, view Personal Data, request additional information about the storage and processing of Personal Data, require any necessary amendments to Personal Data or refuse or withdraw consent herein, in any case without cost, by sending us an email to that effect. You however understand that refusing or withdrawing consent may affect your ability to access the Services.
We will establish and maintain adequate safeguards against destruction, loss or alteration of Your data in our possession with measures that are no less rigorous than those in effect for our own operations. We will also establish, maintain and implement an information security program, including appropriate administrative, technical and physical safeguards, that is designed to:
1. ensure the security and confidentiality of Personal Data;
2. protect Personal Data against any reasonably anticipated threats or hazards to the security or integrity of the Personal Data; and
3. protect against unauthorized access to or use of the Personal Data that could result in substantial harm or inconvenience to you.
You may at any time exercise your rights provided under the applicable data protection laws which may include the right to:
1. obtain confirmation as to the existence of Personal Data
2. verify the content, origin and accuracy of the Personal Data
3. request the integration, update, amendment, deletion (subject to the Company’s data retention policy or any applicable data retention laws) or blockage (for breach of applicable laws) of the Personal Data
4. oppose for legal reasons, the collection, processing or transfer of the Personal Data which is not necessary or required for the implementation, administration and or operation of the website portal and the use of the Services; and
5. withdraw consent to the collection, processing or transfer of Personal Data as provided under this Terms.
You may seek to exercise any of the above rights by sending us an email to that effect.

Reverse Engineering & Security

You agree not to undertake any of the following actions:

reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the website portal or Services.
violate the security of the website portal or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Data Loss

You are absolutely responsible for the security of your Log-in Credentials. Donate.ng assures You that Your information shall be protected against any unauthorized disclosure with adequate security tools including firewalls and encryption technologies. Donate.ng will not accept liability for any security breach in your account resulting from your inability to protect your Log-in Credentials.

Spam Policy

You are strictly prohibited from using the website portal or any of the Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Third-Party Links & Contents

The Company may occasionally post links to other third-party website portals or other services. you agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked from our website portal.

Service Interruptions

The Company may need to interrupt your access to the website portal to perform maintenance or emergency services on a scheduled or unscheduled basis. We will notify you of any scheduled or routine maintenance within a reasonable time prior to such scheduled or routine maintenance. you agree that your access to the website portal may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

No Warranties

Any person who accesses or relies on this website or the information contained on the Site does so at their own risk. In no event shall we be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the Site or Services. You agree that your use of the Site and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. You agree that any damage that may occur to You, through your computer system, or as a result of loss of your data from your use of the Site or Services is your sole responsibility and that the Company is not liable for any such damage or loss.

Deleting Your Account

These Terms shall remain applicable until the conclusion of a campaign. Once donations have been credited into the Campaign Sponsor’s business wallet, these Terms shall have no further effect.

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you have already submitted to the Site. Failure to comply with any of the clauses of this Terms and Conditions, or gross misconduct, including but not limited to the violation of any laws and regulations, may result in immediate termination of your account.

Limitations of Liability and Disclaimer of Warranties.

EXCEPT AS EXPLICITLY SET FORTH ON THE SITE ANY AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. DONATE. NG DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS, OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENTANDTITLE.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY'S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF DONATE.NG FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU PAID TO THE COMPANY FOR YOUR LAST FUNDRAISE

WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.

Governing Law and Dispute Resolution

Through Your use of the Site or Services, You agree that the laws of the Federal Republic of Nigeria shall govern any matter or dispute relating to or arising out of this Agreement as well as any dispute of any kind that may arise between You and Donate.ng, with the exception of its conflict of law provisions. The courts in Nigeria shall have jurisdiction over all matters arising from the use of the Website portal or the Services. You hereby waive the right to any objection of venue including assertion of the doctrine of forum non conveniens or similar doctrine.

User Disputes

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

Force Majeure

Donate.ng is not liable for any failure to perform due to causes beyond its reasonable control including but not limited to acts of God, acts of civil authorities, natural disasters, epidemic, pandemic and other acts, which may be due to unforeseen circumstances.

Electronic Communications Permitted

Electronic communications are permitted to both Parties under this Terms, including e-mails. For any questions or concerns, please email us at the following addresses: donate@paga.com.