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Terms of
Use
ACCEPTANCE OF TERMS/TERMS OF SERVICE
These Terms of Service govern your use of the NairaRaise website and services (referred to hereafter as the Service"). By using the Service, in any way, you are agreeing to be bound and to comply with these Terms of Service (Agreement), our Privacy Policy, and all applicable laws. NairaRaise may amend this Agreement at any time by posting a revised version of this Agreement on our website without any notice to you. As a user of the Site you understand and are held responsible for periodically reviewing the terms of this User Agreement. Your access to or continued use of the Service after the effective date of the revised Agreement constitutes your acceptance of the modified Agreement. Should you object to any term or condition of this Agreement, any guidelines, any future changes, or become dissatisfied with NairaRaise in any way, your sole recourse is to immediately discontinue the use of NairaRaise. This Agreement constitutes the complete and entire understanding between NairaRaise and you in connection with your use of this Website, content and software displayed on the Website, and hyperlinks to the Website. This Agreement supersedes any prior agreements, proposals, and or understandings between you and NairaRaise, including but not limited to prior versions of the Agreement. The failure of NairaRaise to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one 30 days after such claim or cause of action arose or be forever barred.
INTRODUCTION
These Terms and Conditions may only be modified by an authorized executive of NairaRaise.com. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. NairaRaise.com processes payment transactions through 3rd-party payment solutions. NairaRaise is not a chartered banking entity. All funds that are not part of a fee paid to NairaRaise.com are paid directly to Campaign Owners via 3rd-party payment solutions. You will not hold NairaRaise liable or responsible for any funds or tax obligations on those funds paid to or through 3rd-party payment solutions. Givers and Campaign Owners agree not to involve NairaRaise in any litigation that occurs due to using the website. NairaRaise.com is owned by Whergo International Limited. NairaRaise will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.
COMMUNICATION
Electronic communications from NairaRaise will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow NairaRaise to send these communications to your email address. You also agree that NairaRaise is not liable for any user generated content that is sent to you as a part of these communications. You agree that you are liable for any communications you send to potential Givers promoting your Campaign. These communications include, but are not limited to, emails sent through the NairaRaise.com website and communications sent outside of the NairaRaise system.
NAIRARAISE.COM ACCOUNTS
NairaRaise reserves the right to delete Campaign Owner Campaigns at our discretion. You are fully responsible for any content you post as a User or a Giver. You agree by becoming a Campaign Owner or Giver that you will not:
- Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site
- Use your NairaRaise account for any illegal purposes.
- Provide information that is not complete and accurate.
- Attempt to bypass or otherwise circumvent the designated method of payment as provided by NairaRaise.
NairaRaise requires all Campaign Owners to sign up for an account by completing all required fields on the relevant registration pages on the Site. As part of the registration process, you agree to provide:
- information about yourself that is truthful, current, complete and accurate; and
- update this information so as to maintain its accuracy.
DEFINITIONS
In this Agreement the following phrases are defined as: Service: NairaRaise.com the website and its functions.
Campaign Owners: Those using the Service to raise funds.
Campaigns: The fundraising campaigns.
Users: Campaign Owners, Givers, and other visitors to the Service.
Givers: An individual or entity that contributes to a fund or posts a comment to a fund
Contributions: Funds contributed by a Giver to Campaign Owners.
DISTRIBUTION OF INFORMATION RELEASED TO CAMPAIGN OWNERS
Campaign owners may be given access to certain information provided by the Givers and Senders that interact with their specific campaign page. That information can include: Name, email address of Givers and Senders, Mailing address of Giver if opted in, and donation date and amount of donation. Information provided by Givers that make their name Anonymous to the public while giving, is available to the Campaign owner as well.
NAIRARAISE IS A VENUE/WHAT WE DO
NairaRaise is an online fundraising/crowdfunding website that provides fundraising tools to individuals, for profit and non-profit organizations seeking to raise money for their own Campaigns and to contribute to the Campaigns of others. Each Campaign Owner who creates an active account receives a personal fundraising profile page where they can share their fundraising mission, post photos and videos about their mission, as well as receive contributions. Each Campaign allows Givers to donate money toward a specified goal, established by the Campaign Owner. Users use the Service at their own risk.
ELIGIBILITY TO USE THE SERVICE
You are not eligible to use the Service without consent if you are under 18 years of age. By visiting NairaRaise.com or accepting this Agreement, You represent and warrant to NairaRaise that you have reached 18 years of age. You also represent and warrant to NairaRaise that you will use NairaRaise.com in a manner consistent with any and all applicable laws and regulations in your jurisdiction. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
A NOTE TO REGULATORY AGENCIES
We do not engage in any solicitation activities; such activities are carried out by our users on their own initiative. If your agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work to address your concern.
TAX AND LEGAL REPRESENTATIONS
As a condition of using our service, you represent to us that:
- The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
- You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.
PROHIBITED ACTIVITIES/PROHIBITED CAMPAIGNS
You may not use the NairaRaise service for activities that violate any law, statute, ordinance or regulation related to:
- narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
- drug paraphernalia,
- items that encourage, promote, facilitate or instruct others to engage in illegal activity,
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
- items that are considered obscene,
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
- certain sexually oriented materials or services, or
- ammunition, firearms, or certain firearm parts or accessories, or
- certain weapons or knives.
- show the personal information of third parties in violation of applicable law,
- support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
- are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
- are for the sale of certain items before the seller has control or possession of the item,
- are by payment processors to collect payments on behalf of merchants,
- are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or
- provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- tobacco products, or
- prescription drugs and devices
PERKS
It is our desire to give Campaign Owners every option in creating incentives for Givers to give to Campaigns. Unfortunately Campaign Owners are not permitted to offer or provide any perks at this time without express written consent from NairaRaise.
COMMUNITY GUIDELINES
NairaRaise.com is not a place for hatred, abuse, disrespect, profanity, meanness, harassment, or spam Do not: use the Service to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status; post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded; spam the comments sections or other Users with offers of goods and services or inappropriate messages; engage in any activity that interferes with or disrupts the proper working of the Service or any activities conducted on the Service; or take any action that imposes, in NairaRaise's sole discretion, an unreasonable load on our infrastructure. We reserve the right to remove Campaigns and terminate User accounts for such activities.
OUR LICENSE TO YOU/RIGHTS AND LICENSES
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NairaRaise’s Ownership Rights. NairaRaise and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in NairaRaise's Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the NairaRaise Products and Services. By entering into this Agreement or by Your participation, You will not acquire any intellectual property or similar rights in the NairaRaise Products and Services other than a limited right to use the Products and Services for Your personal benefit. You agree You will not
- remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the NairaRaise Products and services; or
- use NairaRaise's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without NairaRaise's prior written consent.
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Your Ownership Rights. Subject to the licenses granted in this Agreement, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Content that is submitted, posted or displayed by You on or through NairaRaise.com. By posting or providing Content You grant NairaRaise an unlimited, worldwide, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your content without further compensation or payment. NairaRaise shall not acquire any right, title or interest in or to such Content, except as provided herein. Any rights not granted by You herein are deemed retained by You. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
You agree that You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information,
- containing or suggesting an endorsement by NairaRaise of You or Your Content; or
- relating to this Agreement, without the prior review and written approval of NairaRaise. Notwithstanding the foregoing, You may accurately disclose and describe Your Participation and Your Content (for example, describing and promoting Your Content on Your blog, social media sites, or in emails).
- NairaRaise’s Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with NairaRaise solely for purposes of identifying NairaRaise and solely in connection with Your permitted activities under this Agreement. You agree that the NairaRaise Marks and all associated goodwill are and will remain the sole property of NairaRaise, that any goodwill generated as a result of Your licensed use of NairaRaise Marks belongs exclusively to NairaRaise and inures solely to the benefit of NairaRaise, and that Your use of NairaRaise Marks is subject to NairaRaise's control of the quality of any products or services with respect to which You may be authorized to use NairaRaise Marks.
UNSOLICITED IDEA SUBMISSIONS
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve our products and services. However, to avoid future misunderstandings when new products, services and features developed internally by NairaRaise employees might be similar or even identical to a submission received by NairaRaise, the following NairaRaise policy applies to all third party submissions to NairaRaise of ideas, comments, suggestions, proposals or materials:
- all submissions shall be considered non-confidential and non-proprietary;
- we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality);
- we will not be liable for any use or disclosure of any submission; and
- NairaRaise shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
COPYRIGHT INFRINGEMENT/DMCA NOTICE AND COMPLAINT OF INTELLECTUAL PROPERTY INFRINGEMENT
IWe respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the complaint to Support@NairaRaise.com Please:
- Identify the material on NairaRaise.com that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that
- the above information in your Complaint is accurate, and
- that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
CONTRIBUTORS/GIVERS
As a Giver to a NairaRaise online campaign page you have the option to publicly display your donation for all to see, including search engines like Google and Yahoo. To hide your Contribution, including your name, comment and/or Facebook photo from others visitor and search engines alike, simply click the 'Anonymous' checkbox during the donation process. As a Giver, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. NairaRaise doesn't guarantee that Contributions will be used as promised or that the Campaign will achieve its goals. NairaRaise does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution for tax purposes.
TRANSACTIONS BETWEEN PARTIES
NairaRaise serves as a funding platform for Givers and Campaign Owners. If a Campaign is found to be in violation of the terms of this Agreement, NairaRaise reserves the right to terminate the Campaign Owners account or the Campaign Owners campaign(s). NairaRaise does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Campaign Owner or the intended beneficiary. In addition, donations made on NairaRaise.com are non-refundable. All further dealings following a contribution are solely between Givers and Campaign Owner or the intended beneficiary.
DISPUTES BETWEEN CAMPAIGN OWNERS AND CONTRIBUTORS
NairaRaise can serve as an intermediary between Givers and Campaign Owners, but is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In the event of any dispute, such as a Campaign Owner's alleged failure to comply with the Terms or alleged failure in completing a Campaign, we may provide the Campaign Owner's contact information to the Giver so that the two parties may resolve their dispute. If a Campaign Owner is found to be in violation of the terms of this Agreement, NairaRaise also reserves the right to terminate the Campaign Owners account(s). NairaRaise does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Campaign Owner or the intended beneficiary. In addition, donations made on NairaRaise are non-refundable. All further dealings following a contribution are solely between Giver and Campaign Owner or the intended beneficiary.
FEES AND PAYMENTS
NairaRaise charges a 3% management and administrative fee plus a 1.5% fee charged by the 3rd party payment processor on the amount due the Campaign Owner. Givers may be charged a fee by the 3rd party payment platform. Setting up an account on the Service is free. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Contributions are usually made via 3rd party online payment platform. We are not responsible for the performance of any 3rd party online payment platform.
All fees are deducted from each transaction automatically.
NairaRaise is not the same company as our payment processors and their fees and commissions are subject to change without notice from us.
Payment processing services for Campaign owners have their bank account provided on registration on NairaRaise.com automatically credited via our 3rd Party Online Payment processing platform/partner minus 4.5% of total contributions. By agreeing to this agreement / these terms or continuing to operate as a Campaign Owner on NairaRaise, you agree to be bound by their terms of service, as the same may be modified by them from time to time. As a condition of NairaRaise enabling payment processing services through our third party payment processors, you agree to provide NairaRaise accurate and complete information about you and your business, and you authorize NairaRaise to share it and transaction information related to our and your use of the payment processing services.
REFUNDS
NairaRaise makes no guarantees regarding any aspect our third party payment processor's decision to transact donations between the campaign creator and the Giver. Additionally, NairaRaise does not guarantee full receipt of the pledged amount because it does not control the financial transaction. Donations on NairaRaise are non refundable. NairaRaise is not responsible for refunding any funds collected by the Campaign Owner through the use of NairaRaise.com or by any other means. Contributions, along with our fees and charges, are not refundable.
CHARGE BACKS
If NairaRaise should receive notification from its third party payment processor(s) of an unauthorized payment/Chargeback made to Campaign Owners, the Campaign Owner will be obliged to immediately (upon notification by NairaRaise) return the disputed funds until the investigation is completed. Any fees associated with chargebacks by Givers will be charged to the Campaign Owner. NairaRaise reserves the right to cancel, suspend or disable a campaign for any reason at any time.
TAXES
Your taxing authorities may classify funds you raise on NairaRaise as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.
THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES/NON AFFILIATED CONTENT, SITES, AND SERVICES
The NairaRaise.com website and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of NairaRaise, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. NairaRaise and certain other NairaRaise Sites contain links to social media sites, including but not limited to authentication modules and fundraising modules. These links are provided solely as a convenience to You and not as an endorsement by NairaRaise of the content on such social media sites. NairaRaise is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with NairaRaise is at your own risk.
You agree that NairaRaise shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third party sites or vendors. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that NairaRaise is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release NairaRaise, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
PAYMENT PROCESSING
If you are a Campaign Owner that uses our third party payment processing or a Giver that uses our third party payment processing, you agree to comply with their Acceptable Use Policy.
PROHIBITED USE OF PAYMENT PROCESSORS
INairaRaise utilizes third party payment mechanisms for the processing of contributions. For such payment processors You may not use those services for activities that:
- violate any law, statute, ordinance or regulation;
- relate to sales of
- narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
- drug paraphernalia,
- items that encourage, promote, facilitate or instruct others to engage in illegal activity,
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
- items that are considered obscene,
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
- certain sexually oriented materials or services, or
- ammunition, firearms, or certain firearm parts or accessories, or
- ,certain weapons or knives regulated under applicable law;
- relate to transactions that
- show the personal information of third parties in violation of applicable law,
- support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
- are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
- are for the sale of certain items before the seller has control or possession of the item,
- are by payment processors to collect payments on behalf of merchants,
- are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or
- provide certain credit repair or debt settlement services;
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- violate applicable laws or industry regulations regarding the sale of
- tobacco products, or
- prescription drugs and devices
- involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the payment processor and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
SERVICE
NairaRaise offers various parts of the Service so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. NairaRaise permits you to display, excerpt from, and link on your personal website or personal web blog, provided that
- your use of thefeed is in conformity with this Agreement,
- each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
- you provide proper attribution to NairaRaise' as the source,
- your use or display does not suggest that NairaRaise promotes or endorses any third party causes, ideas, web sites, products or services, and
- your use does not overburden NairaRaise’s systems. Use of the Service beyond the scope of authorized access granted to you by NairaRaise immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from NairaRaise.
NAIRARAISE.COM SERVICE LIMITATIONS
You acknowledge that NairaRaise may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that maybe transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that NairaRaise has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that NairaRaise reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NairaRaise shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NairaRaise without restriction or consent.
TERMINATION
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that NairaRaise, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if NairaRaise believes that you have acted inconsistently with the letter or spirit of the Agreement. Further, you agree that NairaRaise shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
VIOLATIONS OF THE ACCEPTABLE USE POLICY
We encourage you to report violations of this Agreement to NairaRaise immediately.
DISCLAIMER OF WARRANTIES/NO WARRANTY/DISCLAIMER
NairaRaise has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BBASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT USE OF THE NAIRARAISE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. NAIRARAISE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NAIRARAISE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NAIRARAISE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NAIRARAISE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NAIRARAISE SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
LIMITATION OF LIABILITY
NAIRARAISE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO NAIRARAISE FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NAIRARAISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
- death or personal injury caused by our negligence or that of any of its officers, employees or agents; or
- fraudulent misrepresentation or intentional misconduct; or
- any liability which it is not lawful to exclude either now or in the future.
GOVERNING LAW/FORUM OF DISPUTE
These Terms and Conditions and our provision of services to you shall be governed by the laws of the Federal Republic of Nigeria.
LIQUIDATED DAMAGES
Please report any violations of the Agreement by emailing to: Support@NairaRaise.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for NairaRaise to pursue legal action to enforce the Agreement, you will be liable to pay NairaRaise the following amounts as liquidated damages, which you accept as reasonable estimates of NairaRaise’s damages for the specified breaches of the Agreement: If you post a message that
- impersonates any person or entity;
- falsely states or otherwise misrepresents your affiliation with a person or entity; or
- that includes personal or identifying information about another person without that person's explicit consent, you agree to pay NairaRaise one million naira (N1,000,000) for each such message, plus attorneys fees and costs. If you post Content in violation of the Agreement, other than as described above, you agree to pay NairaRaise one hundred thousand naira (N100,000) for each Item of Content posted, plus attorneys fees and costs. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Agreement without NairaRaise’s express written permission, you agree to pay NairaRaise three million naira (N3,000,000), plus attorneys fees and costs, for each day on which you engage in such conduct. Otherwise, you agree to pay NairaRaise’s actual damages plus attorneys fees and costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Agreement, NairaRaise retains the right to seek the remedy of specific performance of any term contained in the Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Agreement, or any combination thereof. In its sole discretion, NairaRaise may elect to issue a warning before assessing damages.
LOCAL STANDARDS
We do not represent that materials on the NairaRaise site are appropriate for use in all locations. Persons who choose to access the NairaRaise site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
DISCLAIMER
Campaign Owners should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Campaign Owners to connect with Givers. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law.
INDEMNIFICATION
You agree to indemnify and hold NairaRaise, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING STATEMENT
NairaRaise’ is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). NairaRaise’s policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using NairaRaise's services.
COOPERATION WITH AUTHORITIES AND POLICE ENFORCEMENT
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
SEVERABILITY/ENTIRE AGREEMENT
These Terms are the entire agreement between you and NairaRaise regarding its subject matter. In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it. If two or more provisions are deemed to conflict with each other's operation, NairaRaise LLC, shall have the sole right to elect which provision remains in force. NairaRaise's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CHANGES TO THIS AGREEMENT
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement
CONTACT US
Support@NairaRaise.com