Terms and Reference
Date of issue: 2022
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), www.kutageer.com provides the KUTAGEER platform to you through its website at www.KUTAGEER.com and attendant mobile applications (collectively, with any new features and applications, the “Platform”) and the KUTAGEER Community and related services (collectively, with the Platform, including any new features and applications, the “Services”). If you are an Organizer (as defined below), Beneficiary (as defined below) to a Fundraiser (as defined below), comment contributor, or Donor (as defined below) (collectively referred to herein as a “User”) you are contracting with iFtin Financial Co., For purposes of the following Terms of Service, “KUTAGEER,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. For the avoidance of doubt, KUTAGEER. may apply, and exercise our rights under, these Terms of Service on behalf of the party that you are contracting with.
iFtin financial reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
ACCESS AND USE OF THE 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 fundraiser (“Fundraiser”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”). Payment Processor: KUTAGEER is not a payment processor and does not hold any funds. Instead, KUTAGEER uses third-party payment processing partners 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: Although there are no fees to start or maintain a Fundraiser, 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.
The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. KUTAGEER facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. KUTAGEER is not a broker, agent, financial institution, creditor or nonprofit corporation.
All information and content provided by KUTAGEER relating to the Services is for informational purposes only, and KUTAGEER 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 advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
KUTAGEER 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.
No Solicitation: The Platform is offered to help Organizers raise money. KUTAGEER merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by KUTAGEER, and KUTAGEER does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that KUTAGEER is not responsible for the use of your Donations or the amount of funds raised for the User or Fundraiser.
Donors: All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used and to check the Fundraiser content regularly for any updates. KUTAGEER is not responsible for any offers, promises, rewards or Promotions made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds reported to us very seriously. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please use the “Report” button on the Fundraiser to alert our team of this potential issue and we will investigate.
Organizers: You, as an Organizer, represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Fundraiser; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize KUTAGEER, and KUTAGEER reserves the right to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser or law enforcement or other regulatory authorities, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States or the Income Tax Act in Canada); and (e) if your Charity is in the United States, it is registered with GuideStar or the IRS tax exempt organization database, or, if your Charity is in Canada, it is listed in the Canada Revenue Agency’s database of registered charities.
Your Registration Obligations: You may be required to register with KUTAGEER to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Organizer or the Beneficiary of such Fundraiser. You agree to keep registration information current and up to date.
Registration data and certain other information about you are governed by these Terms of Service. If you are under 17 years of age you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom KUTAGEER has entered into contracts, in order to be able to benefit from their services. If KUTAGEER or one of our Payments Processors at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you.
Charities: The Services include the features and services described here. All Donations are subject to a Transaction Fee for each Donation.
A. Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services or submit a request for a refund under the KUTAGEER Giving Guarantee.
- If Donations are refunded to the Donor by PayPal or pursuant to the KUTAGEER Giving Guarantee, or if PayPal Giving Fund already remitted payment to the Charity, the chargebacks or refunds will be deducted from future payments to the Charity, and if necessary, an invoice will be issued to the applicable Charity. The applicable Charity expressly agrees that: (a) it will be responsible for paying PayPal or PayPal Giving Fund the full amount of any Donation refund due to a Donor; and (b) PayPal or PayPal Giving Fund, as applicable, may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation.
- If Donations were made through Adyen or Stripe, the Charity has control over the Donations and Charity, rather than KUTAGEER or Adyen or Stripe, is responsible for issuing refunds and handling chargebacks directly with Donors.
B. Removal of a Charity from our Database. If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in KUTAGEER’s searchable database, you may contact us, to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the KUTAGEER’s database, it will not be eligible to receive contributions through the Platform.
C. Receiving Funds. As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities” below. KUTAGEER is not a payment processor and does not hold funds.
D. Taxes. KUTAGEER does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
E. Donor Lists and Other Data. A Charity may access information about an Organizer of a Fundraiser for the Charity, Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. Please contact us, with any questions. “Donor Data” means a Donor’s name, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND KUTAGEER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor checks the “Anonymous” checkbox at the time of Donation or seeks to be anonymous through other means provided herein, by using the Services, the Donor consents to the disclosure of Donor’s Donor Data as described herein, including without limitation, disclosure as part of a Donor List.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify KUTAGEER of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. KUTAGEER will not be liable for any loss or damage arising from your failure to comply with this section.
reCAPTCHA: The Platform uses the reCAPTCHA product to provide an added level of security. reCAPTCHA is subject to the Google Privacy Policy and Terms of Service.
GoogleMaps: The Platform uses the Google Maps feature and content, which is subject to the then-current versions of the: (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.
Modifications to the Services: KUTAGEER reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Fundraiser. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by KUTAGEER. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service, or other policies such as the KUTAGEER Giving Guarantee or Beneficiary Guarantee. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree and represent, warrant and covenant:
A. not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:
1. 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 utilize in connection with the Services;
2. fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
3. offensive, graphic, perverse or sensitive or sexual content;
4. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
5. 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;
6. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to SOMALILAND and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
7. knives, explosives, ammunition, firearms, or other weaponry or accessories;
8. User content that reflects, incites or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorist financing or intolerance of any kind or reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;
9. the legal defense of alleged financial and violent crimes;
10. publication of User Content (such as mug shots) that causes reputational harm;
11. 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;
12. the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
13. annuities, investments, loans, equity or lottery contracts, law-away system, off-short 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;
14. the receipt or grant of cash advances or lines of credit to yourself or to another person or purposes other than those purposes clearly stated in the Fundraiser or for credit repair or debt settlement services;
15. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
16. products or services that directly infringe or facility infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
17. the unauthorized sale or resale of goods or services;
18. any election campaigns in an unsupported country unless run by a registered organization within a supported country;
19. 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 KUTAGEER;
20. the collecting or providing of funds for any purpose other than as described in a Fundraiser description; or
21. any other activity that KUTAGEER 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 KUTAGEER, its employees or Users to any harm or liability of any type.
B. not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
C. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
D. not to harvest, collect or publish personally identifiable information of others;
E. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
F. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
G. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
H. not to create any liability for KUTAGEER or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
I. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
J. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
K. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
L. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
M. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
N. not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant:
A. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
B. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
C. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by KUTAGEER from time to time;
D. to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for KUTAGEER to verify compliance with these Terms of Service and make such records available to KUTAGEER upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
E. at KUTAGEER’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by KUTAGEER, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.
KUTAGEER reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or KUTAGEER, or that expose you, KUTAGEER, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our Privacy Notice. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
DONOR CONDUCT
Donations: In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide KUTAGEER information regarding the Donor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s KUTAGEER account (a “Billing Account”). You, as a Donor, represent and warrant to KUTAGEER that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless KUTAGEER, in its sole discretion, agrees to issue a refund, for example in accordance with the KUTAGEER Giving Guarantee. KUTAGEER uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. For a list of our current Payment Processors and links to their terms of service, please see the PAYMENT PROCESSORS section below.
ORGANIZERS, BENEFICIARIES OR CHARITIES
Account Holds: From time to time, KUTAGEER may, in its sole discretion, place a hold on a Fundraiser account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner; (ii) the funds available should be provided directly to a person other than the Organizer, such as a legal beneficiary or person entitled by law to act on behalf of an Organizer; (iii) a Fundraiser or Organizer has violated these Terms of Service; (iv) the Organizer is colluding with Donors to engage in fraudulent activity; (v) there may be suspicious or fraudulent Donation activity; or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold.
Withdrawing Donations from a Fundraiser: While KUTAGEER strives to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately; (ii) KUTAGEER does not guarantee that Withdrawals will be available to you within any specific time frame; and (iii) KUTAGEER expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organizer and/or Beneficiary, are responsible for ensuring that the information you provide to KUTAGEER in order to process a Withdrawal, including bank account information, is accurate and up to date. KUTAGEER may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. KUTAGEER is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by KUTAGEER issuing refunds, including, but not limited to transaction or overdraft fees.
PAYMENT PROCESSORS
KUTAGEER uses Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and KUTAGEER that such information is true and that you are authorized to use the applicable Withdrawing Account.
Payment Processors for Charities: KUTAGEER has partnered with PayPal and, in limited circumstances, Adyen or Stripe, for Donations to Charities. Although exceptions can be made, Charities in the United States, United Kingdom, Ireland, Canada and Australia will be defaulted to using PayPal to process Donations made through the Services. The manner in which transactions are processed is explained below. Charities in other countries will be defaulted to using Adyen or Stripe.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by KUTAGEER, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by KUTAGEER from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of KUTAGEER, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by KUTAGEER.
The KUTAGEER name and logos are trademarks and service marks of KUTAGEER (collectively the “KUTAGEER Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to KUTAGEER. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of KUTAGEER Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of KUTAGEER Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will KUTAGEER be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that KUTAGEER does not pre-screen User Content, but that KUTAGEER and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant KUTAGEER and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless KUTAGEER and its contractors and employees, from: (i) all claims for invasion of privacy, publicity or libel; (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness; and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of KUTAGEER in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or KUTAGEER’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to: (a) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (b) remove or block any Services Content or User Content from the Services.
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 card information. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud. Although card data is processed and stored by our Payment Processors, KUTAGEER has achieved the highest level of PCI Compliance as PCI DSS Level 1 Compliance Service Provider.
Copyright or Trademark Complaints: KUTAGEER respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify KUTAGEER of your infringement claim in accordance with the procedure set forth below.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, KUTAGEER will send a copy of the counter-notice to the original complaining party, informing that person that KUTAGEER may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the Somaliland trademark and other applicable law, KUTAGEER has adopted a policy of terminating, in appropriate circumstances and at KUTAGEER’s sole discretion, Users who are deemed to be repeat infringers. KUTAGEER may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). KUTAGEER has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and KUTAGEER is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that KUTAGEER is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that KUTAGEER will 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 content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the Platform through your mobile device, and you upload a video to a Fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that KUTAGEER is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold KUTAGEER and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that KUTAGEER has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify KUTAGEER for the costs of its defense (including, but not limited to attorney’s fees). If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KUTAGEER AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KUTAGEER AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KUTAGEER NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;, (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF KUTAGEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KUTAGEER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KUTAGEER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED US DOLLARS (US$ 100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
DISPUTES
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. 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.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv file suit in a court of law to address an intellectual property infringement claim.
TERMINATION
You agree that KUTAGEER & iFtin Financial Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other User in connection with the Services and KUTAGEER will have no liability or responsibility with respect thereto. KUTAGEER reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.
GENERAL
These Terms of Service constitute the entire agreement between you and KUTAGEER and govern your use of the Services, superseding any prior agreements between you and KUTAGEER with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of Somaliland without regard to its conflict of law provisions.
PRIVACY NOTICE
At KUTAGEER, we respect the privacy of our Users. For details, please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein, and you acknowledge KUTAGEER’s collection and use of personal information as described in the Privacy policy.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us on [email protected] or [email protected]