These terms and conditions (“Terms”) govern the use of the CryptoFundMe Application
(defined below) and website and the Services (defined below). These Terms constitute
a binding and enforceable legal contract between CryptoFundMe and its affiliates and
subsidiaries worldwide ("CryptoFundMe," “Platform”) and you, an end user of the
Services (“you” or “User”) in relation to the Services. By using the services, you
agree that you have read, understood, and are bound by these terms, as amended from
time to time, and that you comply with the requirements listed herein. If you do not
agree to all of these terms or comply with the requirements herein, please do not
access or use the services. BY USING THE WEBSITE, YOU ACCEPT AND AGREE THAT YOU HAVE
READ, UNDERSTOOD, AND TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR
PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
1. SERVICES
The Services Description: The Services are offered as a platform to allow an individual, entity, or non-profit organization (the “Organizer”) to post a Campaign (“Fundraiser”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”).Payment Processor: CryptoFundMe is not a payment processor, crypto wallet, or crypto payment gateway, and does not hold any funds whatsoever. Instead, CryptoFundMe uses third-party payment processing partners ( Crypto and Fiat) to process Donations for a Fundraiser (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.
Transaction Fee: CrytoFundMe will charge no fees to start or maintain a Fundraiser, but please keep in mind that a transaction fee, including credit and debit charges, is deducted from each donation (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the Platform and the applicable Transaction Fee, visit CrytoFundMe.io
Information and Content:All information and content provided by CryptoFundMe relating to the Services are for informational purposes only, and CryptoFundMe does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding any Fundraisers, Charities (as defined below), Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax, or other professional advisors as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
CryptoFundMe has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Fundraiser.
2. ACCESS TO THE SERVICES
a. By using the Services, you represent and warrant that:
- you have full legal capacity and authority to agree and bind yourself to these
Terms;
- you are eighteen years of age or older;
- your use of the Services is (i) not prohibited by applicable law, and (ii) at
all times compliant with applicable law;
- and are solely responsible for the use of the Services and, if applicable, for
all activities that occur on or through your User Account or device.
b. You should take steps to ensure the confidentiality of your personal information
and restrict access to the devices you use to access the Platform.
3. CONDITIONS OF USE
a. You shall not use the Services in any manner except as expressly permitted in
these Terms. Without limiting the generality of the preceding sentence, you may not:
- infringe any proprietary rights, including but not limited to copyrights,
patents, trademarks, or trade secrets of CryptoFundMe;
- violate the terms of use of any third-party website that is linked to the
Website, including but not limited to, any third-party social media website;
- include or contain any material that is exploitive, obscene, harmful,
threatening, abusive, harassing, hateful, defamatory, sexually explicit or
pornographic, violent, inflammatory, or discriminatory based on race, sex,
religion, nationality, disability, sexual orientation, or age or other such
legally prohibited ground or be otherwise objectionable;
- involve in stalking, attempting to exploit or harm any individual in any way by
exposing them to inappropriate content or otherwise or ask for personal
information as prohibited under applicable laws, regulations, or code;
- involve, provide, or contribute any false, inaccurate, or misleading
information;
- impersonate or attempt to impersonate the Platform, a Platform's employee,
another user, or any other person or entity (including, without limitation, by
using email addresses, or screen names associated with any of the foregoing);
- use the Services to transmit any data or send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware, or any other harmful programmes or similar computer code designed to
adversely affect the operation of any computer software or hardware;
- use the Services in (A) any unlawful manner, (B) for fraudulent or malicious
activities, or (C) in any manner inconsistent with these Terms;
- or violate applicable laws in any way.
- transmit, or procure the sending of, any advertisements or promotions without
our prior written consent, sales, or encourage any other commercial activities,
including, without limitation, any “spam”, “junk mail”, “chain letter”,
contests, sweepstakes and other sales promotions, barter, or advertising or any
other similar solicitation. encourage any other conduct that restricts or
inhibits anyone's use or enjoyment of the Website, or which, as determined by
the Platform, may harm the Platform or users of the Website or expose them to
liability.
b. You warrant that you are aware of applicable laws and regulations governing your
use of the Services. You shall be solely responsible for ensuring compliance with
the various applicable laws, and you shall be solely liable for any liability that
may arise due to a breach of your obligations in this regard.
c. You shall extend all cooperation, at your cost, to CryptoFundMe in its defence of
any proceedings that may be initiated against it due to a breach of your obligations
or covenants under these Terms.
4. PROHIBITED USES
- the violation of any law, regulation, industry requirement, or third-party
guidelines or agreements by which you are bound, including those of payment card
providers and transaction processors that you utilise in connection with the
Services;
- User Content or Fundraisers that are fraudulent, misleading, inaccurate,
dishonest, or impossible;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar
products or therapies that are either illegal, prohibited, or enjoined by an
applicable regulatory body; legal substances that provide the same effect as an
illegal drug; or other products, medical practices, or any related equipment or
paraphernalia that have been found by an applicable regulatory body to cause
consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, loans, equity or lottery contracts, lay-away systems,
off-shore banking or similar transactions, money service businesses (including
currency exchanges, check cashing or the like), pyramid schemes, “get rich quick
schemes” (i.e., investment opportunities or other services that promise high
rewards), network marketing and referral marketing programs, debt collection or
crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize,
including, but not limited to raffles, casino games, sports betting, fantasy
sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and
other ventures that facilitate gambling, games of skill or chance (whether or
not it is legally defined as a lottery), Promotions involving monetary rewards,
including gift cards, or sweepstakes;
- User Content that reflects or promotes behavior that we deem, in our sole
discretion, to be an abuse of power or in support of hate, violence, harassment,
bullying, discrimination, terrorism, terrorist financing or intolerance of any
kind relating to race, ethnicity, national origin, religious affiliation, sexual
orientation, sex, gender, gender identity, gender expression, disabilities or
diseases;
- the legal defense of alleged crimes associated with hate, violence, harassment,
bullying, discrimination, terrorism, or intolerance of any kind relating to
race, ethnicity, national origin, religious affiliation, sexual orientation,
sex, gender, gender identity, gender expression, serious disabilities or
diseases, financial crimes or crimes of deception;
- the funding of a ransom, human trafficking or exploitation, vigilantism, bribes
or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the collecting of payments on behalf of merchants by Payment Processors or
otherwise; including but not limited to self-payments on Fundraisers or an
attempt to bypass or otherwise circumvent the designated method of payment as
provided by CryptoFundMe;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to
another person for purposes other than those purposes clearly stated in the
Fundraiser;
- publication of User Content (such as mug shots), where we deem, in our sole
discretion, that the primary purpose of posting such User Content is to cause
reputational harm;
- the sale or resale of a good or service;
- the aggregation of funds owed to third parties, factoring, or other activities
intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the
appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the
trademark, patent, copyright, trade secrets, or proprietary or privacy rights of
any third party;
- the unauthorised sale or resale of brand name or designer products or services;
- the sale of goods or services that are illegally imported or exported;
- processing, where there is no bona fide donation accepted; cash advance; card
testing; evasion of card network chargeback monitoring programs;
- the collecting or providing of funds for any purpose other than as described in
a Fundraiser description;
- any other activity that CryptoFundMe may deem, in its sole discretion, to be in
support of individuals and/or entities associated with alleged financial crimes
including but not limited to corruption, bribery, tax evasion, fraud, and
activities of a similar nature; or
- any other activity that CryptoFundMe may deem, in its sole discretion, to: (a)
be unacceptable or objectionable; (b) restrict or inhibit any other person from
using or enjoying the Services; or (c) expose CryptoFundMe or Users to any harm
or liability of any type.
5. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
- All rights, title, and interests in and to the services, including all
intellectual property rights arising out of the services, are owned by or
otherwise licensed to CryptoFundMe. Subject to your compliance with these Terms,
CryptoFundMe grants you a non-exclusive, non-sublicensable, and limited licence
to (i) use the Services in the permitted hereunder.
- Except as stated in these terms, nothing in these terms should be construed as
conferring any right in or licence to CryptoFundMe's or any third party's
intellectual rights.
- You may provide suggestions and other feedback, including bug reports, in
relation to the services from time to time (“feedback”). CryptoFundMe may freely
use, copy, disclose, publish, display, distribute, and exploit the feedback
without any payment of royalty, acknowledgement, prior consent, or any other
form of restriction arising out of your intellectual property rights.
6. THIRD-PARTY SERVICES
- The Services may include services, content, and information owned, made
available, or otherwise licensed by a third party (“Third Party Services”) or
contain links to Third Party Services. You understand that Third Party Services
are the responsibility of the third party that created or provided it and
acknowledge that the use of such Third Party Services is solely at your own
risk.
- CryptoFundMe makes no representations and excludes all warranties and
liabilities arising out of or pertaining to such Third Party Services, including
their accuracy or completeness. Except as stated in these Terms, nothing in
these Terms should be construed as conferring any right on or licence to
CryptoFundMe's or any third party's intellectual rights.
- All intellectual property rights in and to Third Party Services are the property
of the respective third parties.
7. INDEMNITY
You agree to indemnify and hold harmless CryptoFundMe, its affiliates, subsidiaries,
licensors, and their respective directors, officers, members, managers, employees,
and agents from and against any and all claims and expenses arising out of your use
of the Services, a breach of any provision of these Terms by you or any person using
the Services on your behalf, a breach by you of any applicable laws, or any
third-party claim to the extent arising from or connected with an allegation that
your use of the Services in accordance with these Terms infringes any rights of a
third party.
8. DISCLAIMER AND WARRANTIES
- CryptoFundMe is merely a crowdfunding platform to allow an individual, entity,
or non-profit organisation (the “Organizer”) to post a campaign (“Fundraiser”)
to the platform to accept monetary donations (“Donations”) from donors
(“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”). and
does not provide you with any warranty or representation whatsoever regarding
the quality, fitness for purpose, completeness, or accuracy of any campaign
- CryptoFundMe is merely a technology platform and does not provide any legal,
tax, investment, financial, or other advice, and no information provided by
CryptoFundMe in connection with the services should be construed as such.
- You agree that your use of the services is at your sole risk. To the extent
permitted by applicable law, the services are provided on an “;as is”; and “as
available” basis.
- The application may contain links to third-party websites or services that are
not owned or controlled by CryptoFundMe. CryptoFundMe has no control over and
assumes no responsibility for the content, privacy policies, or practices of any
such websites. You further acknowledge and agree that CryptoFundMe shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any such
content, goods, or services available on or through any such web sites or
service.
- To the fullest extent permissible by law, CryptoFundMe, its affiliates, and
their related parties each disclaim all liability to you for any loss or damage
arising out of or due to:
- your use of, inability to use, or availability or unavailability of the
Services, including any third party services made available through the
Services;
- the Services being infected with any malicious code or viruses; or
- the failure of the services to remain operational for any period of
time.
9. LIMITATION OF LIABILITY
Except where such exclusions are prohibited by law, under no circumstance will the
Platform nor its parent, subsidiaries, affiliates, or their respective directors,
officers, employees, agents, service providers, contractors, licensors, licensees,
suppliers, or successors be liable for negligence, gross negligence, negligent
misrepresentation, fundamental breach, damages of any kind, under any legal theory,
including any direct, indirect, special, incidental, consequential, or punitive
damages, including, but not limited to, personal injury, pain and suffering,
emotional distress, loss of revenue, loss of profits, loss of business or
anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused
by tort (including negligence), breach of contract, breach of privacy, or otherwise,
even if the party was allegedly advised or had reason to know, arising out of or in
connection with your use (or misuse), or inability to use, or reliance on, the
website, any linked websites or such other third-party websites, nor any website
content, materials, posting, or information thereon even if the party was allegedly
advised or had reason to know. Nothing in these terms and conditions shall exclude
or limit the Platform's liability for death or personal injury resulting from its
negligence.
10. FORCE MAJEURE
CryptoFundMe shall have no liability to you if it is prevented from or delayed in
performing its obligations or from carrying on its business, by acts, events,
omissions or accidents beyond its reasonable control, including, without limitation,
strikes, failure of a utility service or telecommunications network, act of God,
war, riot, civil commotion, malicious damage, compliance with any law or
governmental order, rule, regulation, or direction.
11. KNOW YOUR CUSTOMER (“KYC”) AND ANTI-MONEY LAUNDERING (“AML”) POLICY
CryptoFundMe is a permissionless and near-decentralised platform for crowdfunding.
As a software development platform, CryptoFundMe has no role in enforcing KYC by
default. However, the platform does provide disclaimers to users to ensure they are
abiding by country law and complying with its KYC & AML policy.
12. WAIVER
The Platform's failure to exercise, or delay in exercising, any right, remedy,
power, or privilege arising from these Terms and Conditions operates, or may be
construed, as a waiver thereof by the Platform. No single or partial exercise of any
right, remedy, power, or privilege hereunder precludes any other or further exercise
thereof or the exercise of any other right, remedy, power, or privilege.
13. MISCELLANEOUS PROVISIONS
- Severability: If any provision of these terms is determined by any court or
other competent authority to be unlawful or unenforceable, the other provisions
of these terms will continue in effect. If any unlawful or unenforceable
provision would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in
effect (unless that would contradict the clear intention of the clause, in which
case the entirety of the relevant provision will be deemed to be deleted).
- Reporting and contact: All notices, requests, demands, and determinations for
CryptoFundMe under these Terms (other than routine operational communications)
shall be sent to info@CryptoFundMe.link.
- Third Party Rights: No third party shall have any rights to enforce any terms
contained herein.
- Modification: CryptoFundMe reserves the right at any time to modify these terms
and to add new or additional terms or conditions to your use of the services.
Such modifications and additional terms and conditions will be communicated to
you and, unless expressly rejected (in which these Terms shall terminate), will
be effective immediately and will be incorporated into these Terms. In the event
you refuse to accept such changes, these terms and licence will terminate.
- Partnership: Nothing in these Terms and Conditions shall create or be deemed to
create a partnership, agency, trust arrangement, fiduciary relationship or joint
venture between you and the Platform. Nothing in these Terms and Conditions
shall create or confer any rights or other benefits in favour of any third
parties not party to these Terms and Conditions.