These terms and conditions govern your use of kifaayah.org
1.1 Welcome to Kifaayah. The Kifaayah website and the services provided through it (collectively, “kifaayah.org”) are operated and owned by Amal Solutions Ltd (“we”, “us” or “our” as appropriate). For further information about us and our contact details, please visit the About page or see paragraph 11 below.
1.2 We may make Kifaayah available through a number of channels. It is currently available through the website located at www.kifaayah.org.
“Campaign Creators” are members that are seeking to raise funds and offer Rewards for doing so.
“Campaigns” are fundraising Campaigns.
“Campaign Goal” are the aims of a Campaign.
“Donors” are users that support those Campaigns by contributing funds.
“Donations” are contributions made by donors
“Funding Target” is the minimum total value of donations sought by a Campaign Creator for a particular Project.
“Fundraising Period” is the maximum period for which Donations can be made for a Project.
“Total Donations” is the total value of Donations (excluding cancelled Donations) that a Project has received at the end of the Fundraising Period.
“Users” or “you” are members and other visitors to the site.
“User Posted Content” also referred to as “UPC” is any content which you and other users post or contribute to kifaayah.org using its features
1.4 We provide a platform for individuals and organisations registered with Kifaayah (“Campaign Creators”) to raise funds for Campaigns that benefit their community and to contribute to those Campaigns by funding them or by contributing their time and skills. The platform allows Campaign Creators to offer unique items, services or experiences (“Rewards”) as ‘thank you’ gifts for this support and also provides them with an opportunity to build a community around each project by promoting it on the platform and on certain social media sites to friends, family and other supporters.
1.5 Please read these Terms carefully before you start to use kifaayah.org, as they will govern your use of kifaayah.org, the Campaigns and Rewards that you create and offer as a Campaign Creator and the Donations you make as a Donor, as well as the content you post as a Campaign Creator.
1.6 By using kifaayah.org, you confirm that you accept these Terms and that you agree to comply with them. If you are using kifaayah.org in connection with your organisation, the terms 'you', 'your' or 'your organisation' in these Terms are also a reference to the business, charity institution or other organisation or entity (“Business”) on whose behalf you act when using, registering, donating or creating a Campaign on kifaayah.org. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to kifaayah.org or interact with its User.
1.7 The Project will be deemed to be funded if at the end of the Fundraising Period, the project reaches its Funding Target by the specified date under the all or nothing payment scheme, or if the Project has selected the flexible funding payment scheme where the Campaign Creators keeps all the money raised. The schemes are as follows:
All or nothing. You only receive the funds raised if you hit your target (if you don't hit target, funds are returned to the Donors). This is best suited for Campaigns that need to reach a set target to take place.
Keep what you raise. You keep all the funds raised on your project. This is best suited for causes or charitable campaigns.
1.8 If you have any queries or concerns regarding these Terms, please contact us.
2.1 Anyone can access kifaayah.org. However, to post a campaign and become a Campaign Creator or make a Donation as a Donor you will need to register as a Community Member by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the legal age in your jurisdiction and there must be no reason why you should not be in contact with any other User. To create an account, please go to the Sign Up page.
2.2 You are not eligible to use kifaayah.org if we have temporarily suspended or previously terminated your access to the website and we have not expressly authorised you in writing to resume using kifaayah.org.
2.3 We try to make kifaayah.org available at all times, but, of course, we cannot guarantee this.
3.2 Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device. Please see Cookies for detailed information on the types of cookies we use on kifaayah.org, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.
4.1 You can sign up and create your account on the Sign Up page. You will be asked to confirm your acceptance to these Terms.
4.2 You must make sure that all the information you provide when you register with kifaayah.org is true, accurate and current and complete.
4.3 If you change any of your registration details (e.g. email address, postal address), you must update your account profile.
4.4 Your account is for your personal use only. To help us maintain the security of kifaayah.org, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into kifaayah.org as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
4.5 In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to kifaayah.org and/or to any content made available on kifaayah.org.
4.6 You can request deletion of your account at any time as long as you do not have any active Campaigns or any outstanding Reward or Donations relating to unexpired Campaigns you have backed. Please email us to request deletion of your account.
4.7 We reserve the right to delete your account. Any personal data or other information associated with your use of kifaayah.org will be held securely and in accordance with the UK Data Protection Act 1998.
1.1 All of the content on kifaayah.org is owned by (and all copyright, trademark and other intellectual property rights in that content shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
1.2 Our content includes any information or other material found on or via kifaayah.org, including without limitation text, databases, graphics, videos, software and all other features found on or via kifaayah.org.
1.3 We make kifaayah.org, our content and any UPC available through kifaayah.org for your personal, non-commercial use only.
1.4 To be clear, you are not in any circumstances permitted to:
1.4.1 make commercial use of any such content except in the case of your own UPC which you may use for the purposes of providing information in connection with your Project on the Project Profile Page and/or your Business (if applicable);
1.4.2 edit any such content; or
1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
1.5 The trademarks, logos and brands appearing on kifaayah.org are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on kifaayah.org. This software will be clearly identified on kifaayah.org.
2.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
3.1 You acknowledge that kifaayah.org may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.5 You may only link to kifaayah.org provided that:
3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree; and
3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
3.5.3 We reserve the right to withdraw linking permission to any time without prior notice.
4.1 We promise that we will operate kifaayah.org with reasonable skill and care. Otherwise, the content and services available on kifaayah.org are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law we disclaim any and all promises, warranties, conditions, or representations relating to kifaayah.org and its content, whether express, implied, oral or written. In particular:
4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on Kifaayah.org and you should not rely on it being accurate, truthful or complete.
4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto kifaayah.org.
4.1.3 Any posting of comments or information on kifaayah.org is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the Kifaayah Payments and Stripe online payment processing services.
4.1.5 You agree that your access and use of kifaayah.org and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on kifaayah.org is used. The content and information that we make available on Kifaayah.org is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on kifaayah.org or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on kifaayah.org.
4.1.6 By using kifaayah.org you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of kifaayah.org, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
a) We do not make any promises about the availability or accessibility of kifaayah.org or promise that your access to kifaayah.org, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
b) We are not responsible for any data or information uploaded by any users including any content posted, uploaded or published on kifaayah.org. It is your responsibility to make backup copies of any of the content you post, upload or publish on Kifaayah.org and we strongly recommend that you do so;
c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, kifaayah.org or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of Kifaayah.org is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
d) Whilst we hope that you will find the websites linked to on kifaayah.org of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2 If you are dealing with us and Campaign Creators as a Community Member, you have certain rights, including in relation to the Rewards that you receive from Campaign Creators. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
4.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
4.3.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
4.3.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control.
4.5 Subject to paragraph 4.3:
4.5.1 If you are a community member then if either we or you fail to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
4.5.2 if you are a campaign creator then we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
(a) Any losses related to any business of yours including but not limited to lost data, profits, revenue, savings, business, opportunity, goodwill, reputation, business interruption or any pure economic loss (in each case, whether such loss is direct or indirect); or
(b) any direct loss (for which liability is not expressly excluded in these terms) in excess of the total amount of fees we have received in respect of the project to which your claim relates (whether in respect of a single event, series of connected events or of unconnected events); or if no fees were paid, in excess of £100.
5.1 You agree only to use kifaayah.org in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UPC that you post to kifaayah.org or any actions you take which disrupt access to and/or the functioning of kifaayah.org) or any liability we incur as a result of the use of Kifaayah.org by you and any other person that uses your account with your permission or as a result of your negligence.
6.1 We respect the intellectual property rights of others, and we prohibit users of kifaayah.org from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us.
6.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of users we determine to be repeat infringers of others’ copyrights.
6.4 Content hosted on third-party websites accessible from kifaayah.org is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
7.1 We can usually resolve most issues quickly, so please email us to tell us how we can help.
7.2 If you have any general complaints or wish to request further information about kifaayah.org, please contact us via email and we will do our best to resolve these.
Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. Following an independent investigation, we will write to you with the outcome of our investigation within 8 weeks of the complaint being received. As rewards based crowdfunding do not come within the jurisdiction of the Financial Ombudsman Service, you will not be able to refer your complaint to this body.
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using kifaayah.org, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on kifaayah.org. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UPC).
9.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
9.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
9.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
9.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
9.7 Exclusion of third-party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
9.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
9.9 Territory. kifaayah.org is controlled and operated from the United Kingdom. If you choose to access kifaayah.org from outside the United Kingdom, we make no representation that the content and operation of kifaayah.org will comply with local laws.
9.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute.
9.11 Nothing in paragraph 9.10 shall deprive User of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
10.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on kifaayah.org. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on Kifaayah.org, whichever is the earlier. If you continue to use kifaayah.org after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using kifaayah.org.
10.2 We reserve the right to change, suspend or discontinue the kifaayah.org website and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of kifaayah.org without notice to you and without incurring any liability.
11.1 Amal Solutions Ltd is a company incorporated in England. Our registered office address is 17 Brendon Road, Nottingham, NG8 1HW. Contact us via email here.
Our registered company number is 12129118.
1.1 What we do
1.1.1 We provide an ‘online meeting place’ and platform through which Campaign Creators can raise funds for their community-focused Campaigns and offer Rewards or where Donors can make Donations for Campaigns and receive Rewards. By doing so and providing tips and other guidance we facilitate agreement between Campaign Creators and Donors for Donations and Rewards on terms agreed between them, subject to the ‘ground rules’ that we put in place to act as safeguards for the benefit of all User.
1.1.2 Although we may from time to time agree to promote and advertise certain Campaigns or help to raise awareness of their Project Goals, we will not be involved in the management of or use of Donations in relation to a Project nor will we directly offer or fulfil Rewards ourselves.
1.2 What we don’t do
1.2.1 Other than as mentioned above, we do not have any involvement in any arrangements users make with each other through kifaayah.org. We therefore do not accept any responsibility for the nature or quality of a Campaign or any Rewards, nor do we promise that any Community Member, whether Campaign Creator or Donor, will do as they promise. The arrangements you make are solely private and the contracts relating to Campaigns, Donations and Rewards are made directly between the individual parties concerned. Accordingly, when using kifaayah.org, you take full responsibility for your arrangements with other User whom you contact and the nature, terms and extent of your arrangements with them and obligations to them.
1.2.2 We do not verify the identity of anyone who becomes a Community Member nor the information they provide about their Campaign, the Rewards offered or themselves. We cannot therefore give any guarantee that any of the User are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any User or their Campaigns.
2.1 Creating and updating Campaigns
2.1.1 Once you have registered as a Community Member, you can create and post details of your Campaign to a publicly accessible webpage on kifaayah.org (“Campaign Page”) using the functionality we provide.
2.1.2 We have specific rules regarding the types of Campaigns that you can post on kifaayah.org. Please see our Campaigns and Rewards Guidelines which contain these rules and form part of our Terms.
2.1.3 You may not raise funds via another online crowdfunding or similar platform (whether website or App) during the Fundraising Period of your Campaign and all Donations from User must be made through kifaayah.org. Otherwise, unless we specifically agree otherwise in writing, you are not obliged to raise funds for your Campaign exclusively via kifaayah.org which means you are free to raise funds using other means and channels and source of finance.
2.1.4 Although we recommend you limit the number of active Campaigns at any one time, we permit you to post as many active Campaigns as you like.
2.1.5 There is no limit on the Funding Target you select for each Campaign.
2.1.6 For all Campaigns the minimum Fundraising Period is 2 weeks and the maximum is 26 weeks unless specifically agreed by us otherwise in writing.
2.1.7 Your Project may take up to 3 working days before it goes live and your Campaign Page is made available on kifaayah.org. From time to time, we may provide a Crowdfunding coach (“Coach”) to provide guidance relating to your Project, think of ideas for Rewards and offer tips for marketing and press exposure. If we do so, your Coach will usually be assigned to you with 24 hours of submitting your Campaign details. Please note that Coaches provide general guidance and information only and neither they nor us will be liable to you in connection with the Campaign Goal, any Campaigns, Rewards, performance and/or promotion and marketing of your Campaign, which remain solely your responsibility.
2.1.8 Once you have submitted your Campaign details for posting you can change its Campaign Goal, the Funding Target or the Fundraising Period. You can also change the Rewards for your Project provided that you have not received any Donations.
2.1.9 You may post content and other material (e.g. promotional material such as a video containing your Campaign) and post Campaign updates to keep Donors updated on the performance of your Project.
2.1.10 If you are using 'All or nothing' You may withdraw a Campaign at any point before the end of the Fundraising Period. Once you have done so, you will not be entitled to any Donations when you withdraw. You also will not be able to resume that Campaign at a later date whilst retaining any of the Donations you had received at the time of withdrawal. If you are using 'Keep what you raise' You may withdraw a Campaign at any point before the end of the Fundraising Period. Once you have done so, you will be entitled to any Donations when you withdraw. You will not be able to resume that Campaign at a later date whilst retaining any of the Donations you had received at the time of withdrawal.
2.1.11 We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. In particular, Campaigns or Donations that are flagged to us as fraudulent by Donors or our third party payment providers will be subject to review. If we find fraudulent Donations have been made to your Project, we will cancel those Donations and the details of the associated Donor from your Campaign Page. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph 2.1.11. We reserve the right to pass on the cost of chargebacks to you.
2.1.12 If your Campaign closes unsuccessfully you may choose to recreate your Project and repost it for submission.
2.2 Offering Rewards
2.2.1 We have specific rules regarding the types of Rewards that you can offer to Donors on kifaayah.org. Please see our Campaigns and Rewards Guidelines which contain these rules and form part of our Terms.
2.2.2 The minimum Donation amount is £3.00.
2.2.3 You can choose whether or not to limit the number of Rewards you offer for each Donation amount.
2.2.4 You must have all the permissions, consents and licences that are necessary to offer all Rewards relating your Campaign before you offer them on your Campaign Page.
2.3 Fees payable by Campaign Creators and receiving funds
2.3.1 There is no charge for creating a Campaign and publishing details of the Campaign on kifaayah.org nor are there any fees payable if your Campaign does not close successfully for All or Nothing campaigns.
2.3.2 If your Campaign reaches, exceeds your Funding Target or is raising under the keep what you raised scheme at the end of its Fundraising Period, the following fees will be deducted from the Total Donations received for your Campaign before they are distributed to you:
5% fees: A fee of 5% will be taken by Kifaayah Ltd
For Donations made on EU cards a fee of 20p + 1.4% of the total will be deducted.
For Donations made on non EU cards a fee of 20p + 2.9% of the total will be deducted.
2.3.3 All fees payable by Campaign Creators are subject to Value Added Tax (“VAT”) at the rate in force from time to time (currently 20%). Please note that VAT is assessed on the above fees and not the Total Donations raised, and you are solely responsible for ensuring that you are registered for VAT or similar sales tax as required by the applicable laws of the jurisdiction in which your Business is established.
2.3.4 For ‘All or nothing’ Campaigns if the Total Donations meet or exceed the Funding Target at the end of the Fundraising Period, the amounts due to Campaign Creators will be transferred to Campaign Creators as follows:
(a) in respect of Donations paid by Donors using Kifaayah Payments, within approximately 7 working days to the bank account specified by the Campaign Creator. These Donations will always be paid out in GBP.
For ‘Keep what you raise’ Campaigns at the end of the Fundraising period, or if the Campaign Creators chooses to ‘Close and collect’ then the amounts due to Campaign Creators will be transferred to Campaign Creators as shown above.
2.3.6 Please note that the above timescales are estimates only and there may be a delay between the end of the Fundraising Period for a successful Campaign and your access to any funds.
2.4.1 Donors may fail to fulfil payment of Donations and you acknowledge that their payment of Donations is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Campaign Creator for their failure to receive any funds Donated by Donors in relation to their campaigns via kifaayah.org.
2.4.2 In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Donations or other amounts without giving any notice to you and do so without incurring any liability to you.
2.4.3 Campaign Creators may contact kifaayah.org to cancel any Donation for any reason and at any time before the Fundraising Period ends and shall not be required to fulfil any related Rewards if they do so.
2.4.4 Under the All or Nothing funding payment scheme, if your Project does not reach its Funding Target by the end of the Fundraising Period, any Donations made by Donors for the Campaign will be cancelled and you will not be entitled to receive any funds in respect of them.
2.4.5 Under the keep what you raised scheme, any Donations made by Donors for the Campaign will be processed and given to you the Campaign Creator. Irrespective of your Campaign reaching its Funding Target by the end of the Fundraising Period.
2.5 Campaign Creators’ Obligations
2.5.1 As a Campaign Creator, you shall:
(a) apply any funds you receive from Donors solely and directly for the purposes of achieving the Campaign Goals and use them for no other purposes;
(b) meet all commitments you make in your Campaign including, but not limited to, delivering all Rewards you offer to Donors;
(c) use all reasonable endeavours to fulfil each Reward by the estimated fulfilment or delivery date (as applicable) specified by you on the applicable Campaign Page.
(d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Donor;
(f) promptly contact and work with Donors to reach a mutually satisfactory resolution, which may include refunding their Donations if you are unable to fulfil any of your commitments (including providing any Rewards);
(g) comply with all applicable laws and regulations in relation to your Campaign, your use of Donations and offer of and fulfilment of Rewards;
(h) be responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of kifaayah.org, the Donations you receive and the Rewards you offer; and
(i) not take (or refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on kifaayah.org or on having any funds from Donations until you have the received clear funds into your bank account.
3.1 Types of contribution
3.1.1 Donors can contribute to a Campaign by:
(a) making a Donation; and/or
(b) by offering their time and skills to a Campaign Creator by sending a private message to them using the internal messaging feature on kifaayah.org. If you offer your time and skill you do so at your own risk and will be solely responsible for any arrangements you make with Campaign Creators in connection with the provision of the services that you offer.
3.1.2 You acknowledge that your contribution (whether financial or otherwise) does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.
3.2 Making a Donation.
3.2.1 Once you have registered as a Community Member, you can make a Donation by visiting the Campaign Page of a Campaign, selecting the amount you wish to contribute and the Reward you would like to receive then selecting your payment method and submitting payment.
3.2.2 Your username will be made publicly available in connection with each Campaign for which you make a Donation under the ‘Donors’ tab of the Campaign Page unless you choose to make a Donation anonymously.
3.3.1 If you wish you may make a Donation and elect not to receive a Reward.
3.3.2 Once you have made a Donation, you cannot change your selected Reward without cancelling your Donation.
3.4 Payment methods
3.4.2 When paying using Kifaayah we take your Donation immediately and hold it in a secure account. We are therefore responsible for distributing funds to Campaign Creators and for issuing refunds while the project is open.
If the Funding Period ends with the project deemed funded, we release those funds (less our fees) to the Campaign Creator. On All or nothing Campaigns if the Funding Period ends without the project deemed funded, your Donation will be refunded, the money will appear in your bank account within 5-10 days. If you Donate from overseas the exchange rate will be checked at the point of making a Donation, and at the point of refund. Please note this may result in you receiving more or less back into your account than your original Donation.
If you Donated on a Keep what you raise project your Donation will be taken immediately and released (less our fees) to the Campaign Creator.
3.5 Fees payable by Donors
3.5.1 If you choose to pay a Donation by Kifaayah, then no processing fees are payable in addition to your Donation amount.
3.6 Cancelling a Donation and Refunds
3.6.1 You may cancel a Donation on an All or nothing or Keep what you raise project without charge at any time before the end of the Funding Period for a Project, whether it has reached its Fundraising Target or not. If you do so, you will not be eligible to receive any Rewards in relation to your Donation.
3.6.2 If a Project for which you have made a Donation is not deemed funded by the end of the Fundraising Period and is under the All or Nothing funding scheme, your Donation will be cancelled automatically.
3.6.3 You may not cancel your Donation once a Project’s Funding Period has ended if at the end of that period the Project is deemed funded. This does not affect your statutory or legal rights. Advice about these rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.7 Donors’ Obligations
3.7.1 As a Donor, you shall:
(a) ensure that you have sufficient funds or credit available for payment of the Donation;
(b) promptly respond to a Campaign Creator following a request for information reasonably required by the Campaign Creator to fulfil a Reward that you have chosen at the time you made your Donation;
(c) comply with the terms and conditions for the payment processing services provided by our third-party payment providers; and
(d) ensure that any funds used to make Donations will not result in a breach of applicable law.
4.1 The contract between Campaign Creators and Donors
4.1.1 The contract relating to the provision of funds from Donations and the fulfilment of Rewards is made solely between a Campaign Creator and Donors, subject always to these Terms. By making a Donation, a Donor is making an offer to enter into a contract with the applicable Campaign Creator provided that the Campaign Creator is deemed funded at the end of the Funding Period.
4.1.2 The following steps have to take place before a contract is made between the Donor and the Campaign Creator:
(a) after signing into their account the Donor makes a Donation by submitting their payment details for processing and clicking Donate. Before making their Donation, the Donor will have the opportunity to review the Donation amount and any related Reward and, if necessary, to amend these details; and
(b) the Donor will see an on-screen acknowledgement of their Donation and receive an email confirming details of the Donation made, to the email address provided by the Donor.
4.1.3 The Campaign Creator accepts the Donor’s offer, and a binding contract is made between them, at the time the Funding Period ends and the project is deemed funded, or if the Total Donations are equal to or exceed the Funding Target. Accordingly, nothing that we or the Campaign Creator says or does will amount to any acceptance of a Donor’s offer until this occurs.
4.2 Publication and sharing of personal information relating to Donors with Campaign Creators
4.2.2 For some Rewards, a Campaign Creator may need further information from Donors, (e.g. clothing sizes), to enable the Campaign Creator to deliver certain Rewards. The Campaign Creator shall request such information directly from a Donor after the end of the Fundraising Period for the relevant successful Campaign.
1.1 The rules of the kifaayah.org community
1.1.1 The following rules apply to your use of the community features contained on kifaayah.org:
(a) Any content which you and other users post or contribute to kifaayah.org using its features (including content you upload to your Campaign Page, comments you make on Campaign Pages, internal messages and Project updates) is generally known as “user posted content” or “UPC” for short.
(b) We positively encourage User to make full use of kifaayah.org and in particular to participate in the kifaayah.org community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules:
1.1.2 You agree to ensure that:
(a) you only contribute UPC to kifaayah.org if you know that you have the necessary rights to do so. By contributing UPC to kifaayah.org, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through kifaayah.org in accordance with these Terms and permit its use via kifaayah.org and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UPC, please do not upload or post it to kifaayah.org.
(b) all information provided by you via kifaayah.org or which you provide to other User or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;
(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
(d) you will use kifaayah.org and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via kifaayah.org or disclose or use any contact information that they may provide to you without their consent;
(f) you will cease to contact anyone that you have contacted via kifaayah.org immediately if they request you to do so; and
(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through Kifaayah.org and to permit use of such content and image by any third parties we may authorise under these Terms.
1.1.3 You may not:
(a) distribute or post spam, in particular by sending unsolicited marketing messages to other User, or distribute or post chain letters;
(b) distribute viruses or any other technologies that may harm kifaayah.org or the interests of users of kifaayah.org or User or otherwise interfere with or disrupt our servers;
(c) post or transmit any advertisements for or solicitations of business;
(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
(e) except as permitted under these Terms, copy, modify, or distribute our content or trademarks from kifaayah.org or User’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
(f) harvest or otherwise collect or use information about users without their explicit consent;
(g) impersonate another Community Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other User;
(i) continue to use kifaayah.org if your access to kifaayah.org has been suspended or your account terminated;
(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying kifaayah.org, or which, in our judgment, exposes us to any liability or detriment of any type; or
(k) upload, post or publish to our site or otherwise provide to us any personal information about children (i.e. individuals under 18) or personal data that is ‘sensitive data’ from a legal perspective or that relates to criminal convictions or offences.
1.1.4 Please note that any posting of information or sending of internal messages on or via kifaayah.org is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
1.2 Who can use your UPC and how they can use it
1.2.1 When you contribute UPC to kifaayah.org:
(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UPC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;
· make all or any part of your UPC available through kifaayah.org to other users of kifaayah.org;
· include certain UPC in our newsletters;
· allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and
· allow third parties to link to pages on kifaayah.org which contain your UPC.
(b) you are granting to every other user of kifaayah.org unlimited, non-terminable and free permission to use all or any part of your UPC on the same terms as you are permitted to use their UPC.
1.3 Monitoring your UPC
1.3.1 We are not involved in any arrangements made between users. Any postings on kifaayah.org and the uploading of any photos, pictures, videos, animations or other audio-visual material to kifaayah.org by User does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact Kifaayah if you have any concerns about the content of any information seen on the website.
1.3.2 Please note that any information posted via the functionality available on kifaayah.org is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all users to contact us in respect of any suspicion of misuse.
2.1 Disclosing personal information
2.1.1 Please be careful when using kifaayah.org and any community facilities that you do not reveal any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
2.2 Receiving personal information
2.2.1 If you wish to make a complaint about any issue regarding personal information please contact us by email.
3.1 We may (but are not obliged to) monitor the use of the community facilities from time to time however we still rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through kifaayah.org please contact us.
3.2 We reserve the right (but we are not obliged) to do any or all of the following:
· record the content (including any communications);
· investigate a claim that any one or more items of content do not comply with the community rules. About content you and others provide to kifaayah.org, and determine in our sole discretion to remove or request the removal of the content;
· remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
· terminate a user's access to post content;
· monitor, edit, or disclose any content;
· edit or remove any content posted on kifaayah.org, regardless of whether such content breaches these Terms;
· suspend or terminate your access to kifaayah.org.
3.3 If you disagree with a decision made by us, you should email your appeal to us. You must not use the community facilities to dispute or argue about any decision we make.
3.4 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.
4.1 We are under no obligation to become involved in disputes between any User, or between Users and any third party arising in connection with the use of kifaayah.org. This includes, but is not limited to, the fulfilment of Rewards or other commitments and services, and any other terms, conditions, warranties, or representations associated with Campaigns on kifaayah.org. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.
4.2 We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Community Member.