GENERAL TERMS AND CONDITIONS
- These General Terms and Conditions govern the business relationship between Amber Fundme hereinafter referred to as Amber Fundme throughout this document. By using Amber Fundme services you agree to be bound by these General Terms and Conditions.
- These General Terms and Conditions apply to Donors/Contributors, Campaigners, Beneficiaries and all persons who use Amber Fundme services. Please note the relevant section that apply to you.
1. Services of Amber Fundme
- Amber Fundme is a subsidiary of the Amber Group. Amber Fundme provides platform services through its website which can be utilized by Users (being Donors / Contributors and Campaigner(s)) and persons browsing / visiting the website to reach a larger base of people, organizations and causes for the purposes of crowdfunding (Services). Amber Fundme is only providing a platform for communication and it is agreed that the transactions shall always be between the Donor / Contributor and the Campaigner.
- The Website is a platform that Donors (See clause 4 for definition of Donor) utilize to meet and interact with various Campaigners and the representatives of several non-profit organizations in Jamaica. Based on the representations of the campaigns started by such person(s) and/or a cause supported by such Campaigners and Non-Profit Organizations in Jamaica, Donors enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which is provided by the respective Campaigner initiating the Campaign and the entity or person in Jamaica on whose behalf the campaigns have been started to raise funds.
- The User acknowledges that Amber Fundme is only a marketing service provider and crowdfunding platform and Amber Fundme does not verify the bona fides and genuineness of campaigns and Amber Fundme cannot and does not verify specific data provided by Campaigner. Therefore, Amber Fundme shall not in any manner be responsible or held accountable for any transaction between the Users.
- Amber Fundme has limited control over all campaigns and information listed and / or advertised on the Website and/ or Campaign generated information. It is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigner.
- It is hereby understood that at no time shall Amber Fundme hold any right, title or interest over the funds (except to the extent as stated herein) or have any obligations or liabilities to provide the same to the Donor / contributor. Amber Fundme is not responsible for unsatisfactory or delayed performance of the Campaign by the Campaigner.
2. Eligibility for use of Amber Fundme Website
- Use of the Amber Fundme Website is available only to persons who are over 18 years. If you are a minor i.e. under the age of 18 years, you shall not register on the Amber Fundme platform and shall not transact directly (either contribute or Campaign to receive donations / contributions) or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to contract on the Website. Amber Fundme reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Amber Fundme's notice or if it is discovered that you are under the age of 18 years.
- Organizational Campaigner / Legal Person's Registration
3. Campaigner Eligibility and Obligations
- The following entities shall be eligible to register and use Amber Fundme Services and host a campaign on its Website in accordance with these Terms and Conditions;
A Non Profit Organization, a public or private company, or a sole trader that is registered in Jamaica and registered with Amber Fundme that is hosting a Campaign on the Website shall hereinafter collectively be referred to as a “Campaigner”.
- Non-Profit Organization in Jamaica, which is registered and/or a person who is a supporter or intends to further the cause of such Non Profit Organizations in Jamaica with a Jamaican bank account;
- public or private company with a Jamaican bank account; and
- sole trader with a Jamaican bank account.
- A Campaigner is bound and legally liable to provide accurate, true and correct information in respect of the details of the cause for which the Campaign is hosted and funds are being raised on our Website.
- A Campaigner shall ensure that the description of the Campaign is not misleading and describes the need and use of the funds to be raised. Amber Fundme reserves the right to delete your Campaign if it is brought to the notice of Amber Fundme that the information provided by you is false, does not depict the true nature of the Campaign or is misleading in any manner.
- You shall ensure that the documents and/or information submitted/ disclosed by you to Amber Fundme in support of the Campaign are at all times true, correct, up to date, and does not relate to any other person besides you or the beneficiary.
- A Campaigner shall ensure that the information and the fundraiser does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your Campaign and the need and the use of the funds raised.
- It shall at all times be the responsibility of the Campaigner to furnish the Donor with an accurate progress report and any other information that may be required by the Donor to track the utilization of the funds donated by the Donor to the Campaigner via Amber Fundme.
- You further agree that by listing your Campaign on the Website, you shall at all times abide by various laws applicable to You, as amended from time to time, including but not limited to tax laws, charity laws as well as all rules and regulations made under the respective laws. You shall ensure that you and/ or the beneficiary are not prohibited from raising donations from foreign sources under any applicable law for the time being in force; and it shall be your responsibility to ensure that all the licenses/ permissions procured by you/the beneficiary (as the case may be) in relation to the Campaign are valid and subsisting throughout the duration of the Campaign and while the donated funds are being utilized by the beneficiary.
- If you or the beneficiary on behalf of whom you are raising funds, have ever been, or during the course of the Campaign are, investigated for and/ or charged with any crime of or relating to larceny, fraud, embezzlement, moral turpitude, money laundering, forgery, misrepresentation or terrorist activities or sanctioned by any governmental authority in any country, including under any sanctions list maintained by a foreign state, you should report this to Amber Fundme promptly. You acknowledge that in such cases, Amber Fundme may, without any liability accruing to Amber Fundme, at its sole discretion, (i) terminate/ suspend the campaign and/ or return all or part of the donations to the respective Donors and/ or, (ii) where the donations have already been disbursed to you, require you to refund all or part of the donations. Amber Fundme may also terminate/ suspend your membership and/or use of the Website. All refunds shall be subject to any administrative fees at the time of the refund. The rights and remedies of Amber Fundme under this section shall be in addition to its rights in law or equity.
- You shall fully and accurately disclose all material facts relating to the beneficiary, purpose and campaign, and not withhold from disclosure any material fact. If any information provided by you were to, or likely to, become not true, correct or complete at any time (for example, due to expiry of permissions, change of purpose, death of beneficiary, etc.), you shall promptly notify Amber Fundme and to Donors in writing.
- You shall withdraw the funds raised on our platform within 10-14 days from the end of campaign. Amber Fundme reserves the right to refund/make payout to the beneficiary on it’s own in case the campaigner does not withdraw the funds within 10-14 days from the end date of campaign.
- We may require you to periodically update or re-attest your/ the beneficiary’s eligibility to receive donations. In this regard, you may be required to certify that the information/ documents provided by you are up to date, accurate and valid. You shall do so promptly when requested, and at your own cost. Failure to provide updates or relevant documentations would constitute a breach by you of these terms.
- Any person who fulfills the eligibility criteria set out in clause 2 above shall be permitted to donate to any Campaign started/listed on the Website by any Campaigner (“Donor”).
- The Donor hereby agrees to make the payments for any Campaign as per the terms and conditions stated herein.
- The Donor further agrees and declares that the Donor is aware that Amber Fundme has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any Campaign pursuant to which the Donor has donated moneys(s) for any Campaign via Amber Fundme on the Website.
- The donor will be sent timely updates about the progress/status of the fundraiser from both the Campaigner and Amber Fundme via SMS and email. In case one wants to opt out of this service, they need to log into their Amber Fundme profile and disable the communications for that campaign.
- Once the Donor has contributed money to the Campaign, the Donor cannot request a refund unless within the limited conditions as contained with this General Terms and Conditions.
- Through the Website, Donors may obtain access to certain information about the Campaigner and beneficiaries, which may include means of direct communication. Nothing in these terms shall be viewed as Amber Fundme certifying that the Campaign information provided is error-free, exhaustive and warranted by Amber Fundme. The Website may afford Donors an opportunity to ask Campaigners questions concerning the Campaign and otherwise test the soundness of any campaign. While making a donation through the Website, the Donor shall conduct their independent due diligence with respect to any information/Campaign listed by a Campaigner before making any donations on the Website.
- Amber Fundme shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website. The Donor should not rely on Amber Fundme or its affiliates for the accuracy, completeness or adequacy of the information supplied on the Website. Moreover, Donors should note that neither Amber Fundme nor any of its affiliates or employees track, represent or warrant that Campaigners or the beneficiaries use the donated funds in the manner and for the purpose represented by them.
- In the event a Campaign is listed by any person on behalf of a non –profit organization in Jamaica, the Donor shall approach only the particular non- profit organization in Jamaica for which the Donor has donated the money to track the utilization of the funds or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that Amber Fundme shall at no point of time be held answerable or accountable for any money(s) once the funds donated have been handed over to the non-profit organization in respect of which donations have been made.
- Amber Fundme shall not be held liable for any information on it’s Website relied upon by the Donor, and the Donor hereby agrees that Amber Fundme shall not be liable for any loss, damage whatsoever whether such loss or damage was caused by Amber Fundme’s Negligence or Breach of Contract.
Premature Termination of Campaign and Unused Funds
- In the event that a Campaign is terminated prematurely for any reason, including due to the death of a Campaigner or their early recovery, etc., all or a part of the donations received may be unutilized. In such cases, Amber Fundme reserves the right to divert the unutilized donations to any other active Campaign on its Platform. Amber Fundme shall endeavor to redeploy the unutilized contribution within 10-14 days of determining that it cannot be utilized for the Campaign for which it was originally received. If Amber Fundme is unable to redeploy the contributions within the time specified, the entire amount donated will be refunded to the Donor’s account. We will notify you once the contributions have been redeployed
- Donors hereby authorize Amber Fundme and its service providers to collect, process, facilitate and remit funds through regular banking channels, payment, clearance, and settlement systems.
- Amber Fundme reserves the right to (i) delay payments (without payment of interest), or refuse to process payments by any Donor, including for any questionable transactions, and/or (ii) terminate/suspend a campaign in relation to the said questionable transactions. This includes, without limitation, suspected collusion between the Donor and Campaigner to bring about false impressions, mislead other Donors or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or applicable laws.
5. User Account and Registration Obligations
- When you use the Website or send emails or other data, information or communication to Amber Fundme, you agree and understand that You are communicating with Amber Fundme through electronic records and you consent to receive communications via electronic records from Amber Fundme periodically and as and when required. Amber Fundme may communicate with you by email or by such other mode of communication, electronic or otherwise.
7. Platform for Information, Communication and Transaction
- All commercial/contractual terms are offered by and agreed to between the Campaigner and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Campaigner including, amounts to be raised, use of the funds raised, costs incurred, payment methods, payment terms, warranties related to the final use of the funds, the effectiveness of the utilization of the funds, the impact of the campaign, and the contributions made by the Users. Amber Fundme does not have any control or does not determine or advise or in any way involve itself in either determining any details of the Campaign or the offers of Campaigner or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigner.
- Amber Fundme does not make any representation or warranty as to specifics (such as final utilization of funds, value, impact, etc.) of the campaigns on the Website, other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. Amber Fundme does not implicitly or explicitly support or endorse any of the campaigns on the Website. Amber Fundme accepts no liability for any errors or omissions, whether on behalf of itself or any Campaigner.
- Amber Fundme is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigner or for any contractual obligations entered into between Contributors and the Campaigner. Amber Fundme cannot and does not guarantee that the concerned Campaigner will perform any commitment concluded on the Website. The Campaigner shall at all times be responsible for and ensure that the performance of the Campaign created by them, and in the event of any failure of the fulfilment of the obligations of the Campaigner, all disputes shall be settled between the Campaigner, Donor and beneficiaries directly and Amber Fundme shall not be held responsible for any such default/non-performance of the obligations of the Campaigner and at no time shall Amber Fundme be required to mediate or resolve any dispute or disagreement between Donors and Campaigner. However, Amber Fundme does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website.
- Amber Fundme does not make any representation or warranty as to the Campaign specifics (such as the eventual impact, use of funds, efficiency of Campaigner, etc) of any of its Campaigner. You are advised to independently verify the bona fides of any particular Campaigner that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.
8. Charges and Fees
- Amber Fundme does not charge any fee for browsing on the Website. Amber Fundme's charges are limited to the facilitation fee (including platform / collection fees and transactional charges) which is charged to the beneficiaries of the funds raised on Amber Fundme on the terms and conditions agreed to between Amber Fundme and the beneficiaries of the funds independently. Amber Fundme reserves the right to change its Fee Policy from time to time. In particular, Amber Fundme may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Amber Fundme reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
Amber Fundme fees
- Platform fee 5% of total funds raised
Transaction fee 3% of total funds raised
JMD$50 per credit card transaction
9. General Rules for the Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number),rights of publicity, or sale of counterfeit/stolen items;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (including those not directly linked to or accessible from another page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains a video, photographs, or images of another person;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- engages in commercial activities and/or sales without Amber Fundme’s prior express and written consent, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website;
- solicits gambling or engages in any gambling activity which could be construed as being illegal;
- interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
- harms minors in any way;
- violates any law in force for the time being;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person or entity;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or
- threatens the unity, integrity, defence, security or sovereignty of Jamaica, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence, or is insulting to any other nation.
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Amber Fundme reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems, server, computer, or networks connected to the Website, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- You may not reverse look-up, trace or seek to trace any information on any other individual accessing the Website, or of any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any manner, including but not limited to reveal any personal identification or information, other than your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Amber Fundme, or the brand name or domain name used by Amber Fundme, or otherwise engage in any conduct or action that might tarnish the image or reputation of Amber Fundme on any platform, and/or otherwise tarnish or dilute any of Amber Fundme's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Amber Fundme systems or networks, or any systems or networks connected to Amber Fundme.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website.
- You shall at all times ensure full compliance with the applicable provisions of the Data Protection Act. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign, and in no event shall any donation be used for any purpose that is considered unlawful or against public policy as per the applicable laws in Jamaica.
- From time to time, you shall be responsible for providing information relating to the donations made by you and disclose it under applicable laws. In this connection, you undertake that all such information shall be accurate in all respects and that only you shall be solely responsible for any incorrect or knowingly false information provided by you.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- Amber Fundme shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any unauthorized access to any material on the Website.
- Services Description
The Services are offered as a platform (the "Platform") to users of the Services, which may include Campaigners and Donors and other registered users of the Services (which may include users who simply "like" campaigns or otherwise interact with the Website or Services). Among other features, the Services are designed to allow Campaigners to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations from those registered users wishing to contribute funds to the Campaign. For purposes hereof, the term "Campaigners" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each donation will be charged as fees for our Services and those of our third-party payment processors. Please see our Charges section for details. The Services are a Platform; we are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Amber Fundme facilitates the donation transaction between Campaigners and Donors, but is not a party to any agreement between a Campaigner and a Donor, or between any user and a Charity. Amber Fundme is not a broker, agent, financial institution, creditor or insurer for any user. Amber Fundme has no control over the conduct of, or any information provided by a Campaigner or a charity, and Amber Fundme hereby disclaims all liability in this regard. Anyone is free to report issues related to a campaign on Amber Fundme, and Amber Fundme will take necessary action to the best of its abilities. Amber Fundme 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 Campaign, Campaigner, 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 Campaign, 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 Campaign, Campaigner, or charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have. While we try our best to do so, we cannot and do not verify the information that Campaigners supply We cannot guarantee that donations will be used in accordance with any fundraising purpose prescribed by a Campaigner or charity. We assume no responsibility to verify whether the donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner or charity, as applicable. We take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaigner or charity is not raising or using the funds for their stated purpose, please report the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.
Campaigner Representations, Warranties and Covenants
You, as a campaigner, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
General Terms and Conditions for Campaigners
The terms and conditions that apply to a Campaign Organizer (Campaigner) are:
- You are solely responsible for utilizing the funds for the purpose mentioned in our fund-raising page. Amber Fundme is not responsible in any way whatsoever towards the end utilization of funds.
- This fund-raising page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, and if your Campaign is not rejected by Amber Fundme. You may or may not be able to raise the targeted amount in the designated period. Amber Fundme can reject your fundraiser for inappropriate or insufficient content, at its sole discretion.
- Amber Fundme will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilization of funds.
- Amber Fundme will collect contributions online, and will send the contributions to your designated bank account upon completion of statutory verification. You can raise withdrawal requests post approval of the Campaign by Amber Fundme. Amber Fundme will process fund transfer, post receipt of your withdrawal request.
- You understand that Amber Fundme or its affiliates do not own the funds. At the time of transfer of funds, you will receive contributions net of Amber Fundme fees, facilitation fees, applicable taxes, or any other fees mutually agreed upon between you and Amber Fundme. For a check, please look at the fees in our Charges section.
- In case of contributions outside Jamaica, you agree that you have the necessary regulatory permissions to receive such funds.
- It is your sole responsibility to ensure that you have the necessary approvals and certificates to issue tax-deductible receipts to your donors. Amber Fundme will not have any liability, in any form whatsoever, in this regard.
- In no event will Amber Fundme be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
9A. You, on behalf of yourself, the beneficiary and each of your respective representatives irrevocably and unconditionally, knowingly and voluntarily:
- Authorize Amber Fundme and any service provider or any investigative agency whether employed to the public or private sector, to check, verify, investigate or otherwise obtain information about you and the beneficiary under applicable anti-money laundering, crime or terrorist financing laws.
- Authorize any company, governmental authority, court, law enforcement agency, health services provider, insurance company, or any other person contacted by Amber Fundme or its representatives (including any service provider or investigative agency retained by any of them) to furnish to Amber Fundme or its representatives, as the case may be, copies of any and all documents, records or information in their custody or control relating to you and the beneficiary; and
- Release Amber Fundme, as well as any persons acting on its behalf, from any and all claims, losses and liability arising from the foregoing.
You acknowledge and understand that (i) nothing contained in this section or these terms is intended to impose on Amber Fundme any initial or continuing obligation to conduct or monitor or investigate your and/ or the beneficiary’s background, and (ii) in the event in the course of its investigations or otherwise, Amber Fundme were to come into possession of any information relating to the commission any breach of applicable laws or crime by you or the beneficiary, including but not limited to any crime relating to misrepresentation/fraud, forged documents, money laundering, criminal or terrorist financing, obtaining money by false pretenses, then in any such event, Amber Fundme may take steps as per applicable laws including informing any governmental authority and otherwise cooperate with governmental authorities without any obligation to first or subsequently notify you or the beneficiary.
10. Contents Posted on Site
11. Limited License
Amber Fundme grants Campaigners a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through Amber Fundme", "Powered by Amber Fundme" and/or "via Amber Fundme" name and/or logo on Campaigners' invoice / certificate of donation for transactions concluded on the Website. Further, Amber Fundme grants Campaigners a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Amber Fundme.org" name and/or logo on stationery used by the Campaigner for delivery of communications / receipts / certificates, etc., through the Website.
12. Linked Websites / APIs/Social Networking Sites
- Amber Fundme does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to affiliates and / or third party websites using the Website's APIs or otherwise. In addition, the Website may provide links to third party websites of our affiliated companies and certain other businesses for which, Amber Fundme assumes no responsibility for examining or evaluating the products and services or generally information offered by them. Amber Fundme does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Amber Fundme does not endorse, in any way, any third party website(s) or content thereof.
- The Services may provide or facilitate along with other third parties links or other access to other sites, services and resources on the Internet. Amber Fundme has no control over such sites, services and resources and Amber Fundme is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Amber Fundme 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 use of or reliance on any content, events, goods or services available on or through any such site, service or resource.
- Any dealings you have with third parties while using the Services are between you and the third party, and you agree that Amber Fundme is not liable for any loss or claim that you may have against any such third party.
- In addition, Amber Fundme is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Amber Fundme is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Amber Fundme enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
14. Disclaimer of Warranties and Liability
- This Website, all the materials and information (including but not limited to campaigns) and Services, included or otherwise made available to you through this site are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, Amber Fundme does not warrant that:
- This Website will be constantly available, or available at all;
- The information on this Website is complete, true or accurate save and except as provided herein;
- The information provided by the Campaigner is true or accurate or verified by Amber Fundme.
- Amber Fundme will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
- You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaigner via phone calls and / or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Amber Fundme AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES 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. Amber Fundme AND ITS AFFILIATES MAKE NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
15. Financial Transaction Facility - Donors / Contributors
- While we facilitate the payment of donations and contributions on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between your "bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- All payments made towards the donations / contributions on the Website by you, shall be compulsorily in Jamaican currency. If you are making payment in any currency other than in Jamaican currency, the payment will be converted to Jamaican currency using the current exchange rate set by the bank.
- You understand, accept and agree that any payment facility provided by Amber Fundme is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure, card payment gateway networks and settlement service providers. Further, by providing a payment facility, Amber Fundme is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- Amber Fundme reserves the right to refuse to process Transactions by Donors / Contributors with a prior history of questionable transactions including without limitation to collusion between the Donor and Campaigner to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Amber Fundme may delay notifying the payment / transaction confirmation, i.e., informing the Campaigner, if Amber Fundme deems the transaction to be suspicious. In addition, Amber Fundme may hold the transaction price / amount and inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor / contributor or Campaigner for that matter, is engaged in any form of illegal activity.
- The Donor / Contributor acknowledge that Amber Fundme will not be liable for any damages, interests or claims etc. resulting from not processing a transaction / transaction price or any delay in processing a transaction / transaction price which is beyond control of Amber Fundme.
- Amber Fundme shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during Campaigner registration process. Once Amber Fundme has made payments into such bank account number Amber Fundme shall be discharged of any/all liability towards the Campaigner and contributors/donors and the Campaigner, donors, contributors shall not be eligible for any claims and/or refunds thereof.
16. Financial Transaction Facility - Campaigner
- You, as a Campaigner, shall be required to register yourself with Amber Fundme and provide Amber Fundme with all the necessary information as may be deemed by Amber Fundme from time to time including but not limited to banking details / income tax details such as TRN and registration certificates under various provisions and laws, etc. Further, you shall fulfill the commitments made to the Donor / contributor in the manner as detailed in the Campaign and in a timely manner. Amber Fundme may seek information regarding the use of the funds raised by the Campaigner even after the campaign has ended and provide the details to the Donors / contributors.
- The funds collected towards each campaign shall be withdrawn by you (net of Amber Fundme Fees, payment gateway charges and applicable taxes) as per the details provided by you after 10- 14 working days of completion of the campaign. If at any time either during or after the campaign, you are unable to fulfill your commitments under the Campaign, you shall return the money to the Donor / Contributor within a timely manner. You however agree that after you receive the money from Amber Fundme after the Campaign has ended, you are solely responsible for executing any stated objective or commitments as represented by you under the Campaign and Amber Fundme shall not intervene or be liable for your lack of implementation of any Campaign goals or objectives.
- Remittances to the Campaigner for their successful transactions under payment facility excluding cheque payments transactions must be in compliance with applicable directions issued by the Bank of Jamaica. Remittance to the Campaigner for cheque donations / contributions shall be made through cheque/ demand draft or online bank transfer to Campaigner bank a/c.
- Amber Fundme shall settle all amounts net of its fees to the accounts of the Campaigner, in accordance with the applicable guidelines of the Bank of Jamaica.
- If for any reason there is a chargeback on a transaction/donation to Amber Fundme and if the funds are already transferred by Amber Fundme to the Campaigner/beneficiary the Campaigner/beneficiary will be liable to refund the amount that has been charged back to Amber Fundme.
17. Compliance with Laws:
The Donor / Contributor shall comply with all the applicable laws including the Proceeds of Crime Act (POCA) and all its amendments and regulations made thereunder, the Terrorism Prevention Act (TPA) and all its amendments and Regulations, the Data Protection Act and applicable tax laws including the Income Tax Act and any other tax law applicable whether applicable in Jamaica our outside of its jurisdiction. The Donor/Contributor shall always ensure that any monies paid to any Campaign are not from proceeds from criminal or illegal activity.
18. Donor's / Contributors arrangement with Issuing Bank:
- All valid credit/debit/cash card and other payment instruments are processed using a card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Donor / contributor and the respective issuing bank and payment instrument issuing company.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank, which support payment facility to provide these Services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between the Donor / contributor and the respective issuing bank.
- Without limiting other remedies, we may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If we are unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other users or us.
- The Campaigner shall indemnify and hold harmless Amber Fundme, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (”Indemnified Parties,”), against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by the Indemnified Parties as a consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the Campaigner (or its beneficiary) of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Amber Fundme and the User.
- The User hereby agree and state that Amber Fundme is only a service provider to enable organizations in Jamaica and Campaigners to market/publicize/create awareness/advertise their respective cause/campaigns through crowdfunding and Amber Fundme shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Campaigner in any manner whatsoever.
22. Modifications and Alterations
- Further, Amber Fundme shall at its discretion be entitled to modify the terms and conditions herein. The User shall be bound by these terms and conditions (as may be altered).
23. 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 Amber Fundme, 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 (as defined below) 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, robots, scraping or similar data gathering or extraction methods. If you are blocked by Amber Fundme 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 Amber Fundme, 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 Amber Fundme.
Third Party Material
If you believe that any third-party intellectual property rights are being infringed notify us immediately.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 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 authorised by the copyright or intellectual property owner, its agent, or the law;
- 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 authorised to act on the copyright or intellectual property owner's behalf.
Counter-Notices to Third Party Intellectual Property Infringement
If you believe that your User Content that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright 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 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, a statement that you consent to the jurisdiction of the Jamaican Courts 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, Amber Fundme will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright 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
Amber Fundme has adopted a policy of terminating, in appropriate circumstances and at Amber Fundme's sole discretion, users who are deemed to be repeat infringers. Amber Fundme may also at its sole discretion limit access to 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.
24. Applicable Law & Jurisdiction
The Campaigns that are hosted by Amber Fundme shall be in Jamaica. The Website may however be accessed by persons residing / living in countries other than Jamaica as well. Amber Fundme welcomes Foreign Donors / Contributors to participate in campaigns by making donations and contributions which shall be subject to the existing Jamaican laws. Those who choose to access this site from other locations/Countries other than Jamaica do so on the understanding that all transactions are bipartite in nature between the Campaigner and the Donor / Contributor. Amber Fundme shall not be held liable for any dispute between the two parties. For any disputes involving Amber Fundme whether as a formal party or otherwise, the jurisdiction shall exclusively be with the Courts in Jamaica.
25. Dispute Resolution
- Any dispute involving Amber Fundme, whether as a formal party or otherwise shall be resolved by arbitration of a sole arbitrator appointed by Amber Fundme and in accordance with the Jamaican Arbitration Act and any applicable amendment and/or Regulations. The seat of arbitration shall be in Jamaica and the language to be used in all proceedings shall be the English Language.
- Amber Fundme and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other cause of action;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and
26. Limitation of Liability
27. Anti-Money Laundering (AML) policy
We comply with Anti-Money Laundering (AML) legislation and regulations established by the Proceeds of Crime Act and the Terrorism Prevention Act and its regulations. By using the Amber Fundme platform you agree to the following:
- Every recipient (campaign organizers on Amber Fundme) has to verify their identity through Know Your Customer (KYC) guidelines and measures. KYC measures will include verification of your identity, residential address, mobile number. The documents that we will request to verify your identity must be original documents from the respective government issuing agency.
- The verification will be essential to withdraw funds from Amber Fundme. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
- Your location as reflected on your Campaign page must match your legal residence that you submit to Amber Fundme when you create a withdrawal request. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Amber Fundme removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds.
- Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with the Campaign.
- Amber Fundme may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.
- Campaign Owner eligibility may be subject to Amber Fundme’s review of the fulfillment status of prior crowdfunding obligations.
- Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Amber Fundme will ask for the personal account number / tax registration number (TRN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities if requested.
- For contributors on Amber Fundme’s Website, only standard channels of payment - verified credit or debit cards, cheque, or cash deposits will be allowed. Campaign Owners are responsible for verifying the source of funds received by Donors.
- AML policies will be updated time to time at the sole discretion of Amber Fundme.
29. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Amber Fundme will have no liability or responsibility with respect thereto. Amber Fundme reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
31. Contact Us
Please send any questions or comments regarding this Website to firstname.lastname@example.org