INEEDARAND TERMS AND CONDITIONS
Date of Last Revision: January 30, 2018
INEEDARAND provides its services (described below) to you through its website and mobile applications (the "Platform") and related services (collectively, such services, including any new features and applications, and the Platform, the "Services"), are subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). If you are a campaign organizer (as defined below) based in South Africa, you will be contracting with INEEDARAND.For purposes of the following Terms of Service, “INEEDARAND,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. We will also endeavor to notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, INEEDARAND may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing the Disputes section shall be made as specified therein.
Your continued use of the Services after the date any such changes become effective 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 other translations are for convenience only. 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 Services Description: The Services are offered as a platform to users of the Services, which may include Requestors and Donors (each defined herein) and other registered and unregistered users of the Services (which may include users who simply "like" or "heart" Campaigns or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a "Requestor") to post a fundraising request ("Request") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds towards the request ("Donors"). For purposes hereof, the term "Requestor" shall also be deemed to include any individual(s) designated as a beneficiary of a fundraising request. There is a R50 fee to join the platform and R0 to set up a Campaign, industry-standard payment processing fees apply to each Donation. To learn more about INEEDARAND’s Platform and applicable payment processing fees, visit https://www.ineedarand.com/pricing.
Charitable Giving: You understand and acknowledge that INEEDARAND is not a professional charitable organization and donation requests are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, INEEDARAND permits Donors to contribute directly to certain charitable causes or organizations ("Charities") through the Platform. Any donation you make to a Charity through the Platform will be subject to a Services fee as described at https://support.ineedarand.com/hc/en-sa/articles/203604054. If you or your charity would like to register to be listed as a charitable organization on the Platform, please contact us at firstname.lastname@example.org and we can help facilitate that process. As used in this Agreement, the term "Request" does not refer to a Charity, and you acknowledge that contributions to donation requests are not deductible under your jurisdiction’s applicable tax laws and regulations.
The Services are a Platform; We are not a Broker, Stokvel, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. INEEDARAND facilitates the Donation transaction between Donation Requestors and Donors, but is not a party to any agreement between a Donation Requestor and a Donor, or between any user and a Charity. INEEDARAND is not a broker, agent, financial institution, creditor or insurer for any user. INEEDARAND has no control over the conduct of, or any information provided by, a Donation Requestor, a Charity or any other user, and INEEDARAND hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by INEEDARAND through the Services is for informational purposes only, and INEEDARAND 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 Dotation Requests, Charities, Donations, Donors, users or any products, services, information or content relating to the Services, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
INEEDARAND does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Donation, Campaign Donation Requestor, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Donation Request, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Donation Request, Donation Requestor, or Charity.
All Donations are at your own risk. When you make a Donation towards a Donation Request or Charity, or otherwise through the Services, it is your responsibility to understand how your money will be used. INEEDARAND is not responsible for any offers, promises, rewards or promotions made or offered by Charities, or DOnation Requestor. We do not and cannot verify the information that Donation Requestors supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Donation Requestor or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Donation Requestor or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at http://www.ineedarand.com/safety. If you have reason to believe that a Donation Requestor or Charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Donation Request or Charity to alert our team of this potential issue and we will investigate. If you are a donor, you may also be covered by the INEEDARAND Guarantee. Policy details are located at https://www.ineedarand.com/guarantee-refund-policy.
You, as a Donation Requestor, represent, warrant, and covenant that (i) all information you provide in connection with a Donation Request is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Request will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) 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. You authorize INEEDARAND, and INEEDARAND reserves the right to, provide information relating to your Donation Request to donors and beneficiaries of your request or law enforcement or to assist in any investigation.
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 (a) immediately notify INEEDARAND of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. INEEARAND will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services:
You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a "Promotion") on or through the Services without our prior written consent. You may seek permission by sending an email to email@example.com. and signing up for our service packages. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion, including without limitation any prizes offered; (c) you may not use INEEDARAND’s name, trademarks, logos, or service marks or any other INEEDARAND intellectual property in the rules or any other materials relating to the Promotion without INEEDARAND’s express written permission; (d) such Promotion does not require making a Donation as the only way to enter; (e) such Promotion is not marketed to anyone under the age of 18 or the age of majority for the jurisdiction in which you reside; and (f) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, tobacco or any other activities prohibited by the Terms of Services, including as set forth in the “Conditions of Use” section below. You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Services: (i) INEEDARAND does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases INEEDARAND from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to INEEDARAND. INEEDARAND reserves the right to suspend, cancel, or discontinue any Promotion conducted in connection with the Services at any time for any reason, including without limitation to comply with applicable laws, rules, and regulations, and to take any actions we deem necessary, in our sole discretion, to protect our users, business partners, or business or the public.
General Practices Regarding Use and Storage:
You acknowledge that INEEDARAND may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on INEEDARAND's servers on your behalf. You agree that INEEDARAND has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that INEEDARAND reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that INEEDARAND will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that INEEDARAND reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding INEEDARAND and other entities by SMS, Push messages, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your INEEDARAND account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use:
You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. You agree to fully cooperate with any request by INEEDARAND for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms of Service.