GoFundAfrica Terms & Conditions

Questions about our terms? Contact Us

Updated on 1 October 1, 2017

www.gofundafrica.com is owned and operated by JAMII Ventures Ltd.
GoFundAfrica charges a flat fee of 5% on all payments collected. The service works with PesaPal and PayPal internationally to ensure that all donations are received in real-time.
In addition to GoFundAfrica’s 5% fee, users are also agreeing to one of the following fees, along with the linked Terms & Conditions found below,
East African Users using mobile money: PesaPal will charge 3.5% + Network Operator Pay-Bill fees. Read PesaPal Terms & Conditions.
Credit and Debit card user ONLY: Paypal will charge 3.5% AND $0.30 per donation. Read Paypal’s Terms & Conditions.
All fees are deducted from each transaction automatically so you’re never billed for anything.
GoFundAfrica is not the same company as Paypal and their fees and commissions are subject to change without notice from us.
As a GoFundAfrica user, the online donation page you publish will be publicly available on the internet, for all to see, including search engines like Google and Yahoo. There are no private or hidden GoFundAfrica donation pages. Your activity is public.
As a donor to a GoFundAfrica online donation page you have the option to publicly display your donation for all to see, including search engines like Google and Yahoo. To hide your donation, including your name, comment and/or Facebook photo from others visitor and search engines alike, simply click the “Private” checkbox during the donation process.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of GoFundAfrica’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
By using GoFundAfrica, Users are representing and warranting that all donations received are being given and being used solely for the purpose(s) stated within the content of the User’s campaign. 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.
WHAT’S NOT ALLOWED
GoFundAfrica relies on its terms as a guideline in the decision-making process to arrive at its long-standing right to remove any campaign at any time for any reason. GoFundAfrica will continue to reserve the right to amend its terms as it deems necessary to support the wide and varied use-cases it encounters on its growing platform. No single set of terms will ever encompass every possible variable and GoFundAfrica will always review questionable or reported campaigns on a case-by-case basis, especially as additional information about campaigns becomes available. Finally, GoFundAfrica regularly considers information from law enforcement and government agencies to help determine what actions our team will take regarding questionable campaigns.
To report a campaign that you believe violates these guidelines, please contact us at: www.GoFundAfrica.com/contact
Some of the violations:
  • Sexually explicit material
  • Sexually suggestive material
  • Adult services or products
  • Pornography of any kind
  • Material relating to adult industry
  • Campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts
  • Content associated with hate groups or terrorist organizations
  • Campaigns including inflammatory or accusatory statements
  • Underage consumption or abuse of alcohol, tobacco, or narcotics
  • Drug abuse, products or paraphernalia
  • The illegal purchase or use of marijuana
  • Offering equity or return-on-investment
  • Pyramid or ponzi schemes, “get rich quick” schemes
  • Purchases of annuities, investments, equity or lottery contracts
  • Offshore banking or currency exchanges
  • Betting, gambling, raffles, or sweepstakes
  • Exchange of unrecognized or crypto-currencies
  • Offering monetary rewards, including gift cards
  • Non-medical or violent bodily mutilation
  • Non-prescribed drug use or purchase
  • Graphic content of injuries or procedures
  • Procedures conducted outside of an accredited medical institution
  • Directly funding an abortion
  • The purchase, transfer or production of non-FDA approved ingestible or consumable products and services
  • Hurtful or hateful language
  • Violent or hateful material
  • Materials including bigotry, racism, sexism, or profanity Supporting or inciting treasonous behavior
  • False, misleading, dishonest statements
  • Blood, gore, graphic material
  • Sorcery, unexplained sciences or absurd claims
  • Funding or planning an assassination, suicide, or assisted suicide
  • Ending the life of an animal
  • The purchase, transfer, or exchange of weapons of any kind including guns, knives, explosives and ammunition
  • Campaigns in support of rebel groups, militias, gangs, or any organized violence
While these guidelines may not cover every unique scenario, GoFundAfrica will always review questionable campaigns on a case-by-case basis and will take appropriate action where necessary.
NOTE:
Campaign organizers will not be penalized for unwanted and inappropriate comments relating to the items above posted to their campaigns by others.
REFUNDS

Contributors may request a refund from GoFundAfrica before the end of a Campaign or before the funds are transferred to the campaign owner. Contributions are eligible for a refund by GoFundAfrica unless (a) the contribution funds have already been transferred to the Campaign Owner, (b) the Perk associated with the contribution has been fulfilled, or (c) GoFundAfrica determines that there has been an abuse of these Terms of Use. GoFundAfrica reserves the right to terminate User Accounts and remove Campaigns for any abuse of this refund policy. For Campaigns that have ended, or in situations where the contribution funds have been transferred to the Campaign Owner, Contributors should contact the Campaign Owner directly regarding refunds.

A SPECIAL NOTE TO REGULATORY AGENCIES
We do not engage in any solicitation activities; such activities are carried out by our users on their own initiative.
If your agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work to address your concern.
TAXES
Your taxing authorities may classify funds you raise on GoFundAfrica as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.
Prohibited Activities
You may not use the GoFundAfrica service for activities that:
violate any law, statute, ordinance or regulation relate to sales of
  1. Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
  2. drug paraphernalia,
  3. Items that encourage, promote, facilitate or instruct others to engage in illegal activity,
  4. Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene,
  5. Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
  6. Certain sexually oriented materials or services, or
  7. Ammunition, firearms, or certain firearm parts or accessories, or
  8. certain weapons or knives regulated under applicable law relate to transactions that
  9. Show the personal information of third parties in violation of applicable law,
  10. Support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
  11. Are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
  12. Are for the sale of certain items before the seller has control or possession of the item,
  13. Are by payment processors to collect payments on behalf of merchants,
  14. Are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or
  15. Provide certain credit repair or debt settlement services
  16. Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent violate applicable laws or industry regulations regarding the sale of :
  • tobacco products, or
  • prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from GoFundAfrica and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
You may not accept payments on GoFundAfrica to purchase weapons, including replicas and collectible items, or ammunition.
Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to GoFundAfrica immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email GoFundAfrica’s Compliance Department at: support@www.gofundafrica.com or contactus at www.GoFundAfrica.com/contact

In this document the following phrases are defined as:
Service: This web site, GoFundAfrica.com.
User: An individual or entity that registers an account for the service.
Donor: An individual or entity that donates to a fund or posts a comment to a fund.

Introduction

These Terms and Conditions may only be modified by an authorized executive of Jamii Venture Ltd.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
GoFundAfrica.com processes payment transactions through 3rd-party payment solutions such as PesaPal and paypal among others. GoFundAfrica.com is not a chartered banking entity. All funds that are not part of a fee paid to GoFundAfrica.com are paid campaign creator
You will not hold GoFundAfrica.com liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.
Donors and Users agree not to involve GoFundAfrica.com in any litigation that occurs due to using the website.
GoFundAfrica.com is owned by Jamii Venture Ltd. Neither GoFundAfrica.com nor Jamii Venture Ltd. will be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.
WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future
GoFundAfrica.com Services
GoFundAfrica.com is a service that enables Users to collect money for a specific purpose. Upon becoming a User through the Registration process, or a Donor through either the Donation process or comment process, you agree that GoFundAfrica.com may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the GoFundAfrica.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.
By using the GoFundAfrica.com service you agree to the following:
  1. You are at least 18 years of age.
  2. You will comply with all local, state/provincial, regional & national laws in your area of residence.
  3. You are to alert the GoFundAfrica.com service staff about any unauthorized use of your User or Donor accounts.
  4. You agree to allow GoFundAfrica.com to use anonymous aggregate data to enable GoFundAfrica.com to offer a better service in the future.
Indemnification
You agree to defend, indemnify and hold harmless GofundAfrica, Jamii Ventures, and Jamii Ventures agents from and against any and all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
GoFundAfrica.com Accounts
GoFundAfrica.com reserves the right to delete User or Donor accounts at our discretion.
You are fully responsible for any content you post as a User or a Donor. You agree by becoming a User or Donor that you will not:
  1. Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site
  2. Use your GoFundAfrica.com account for any illegal purposes.
  3. Provide information that is not complete and accurate.
  4. Attempt to bypass or otherwise circumvent the designated method of payment as provided by GoFundAfrica.

GoFundAfrica.com has the right to, though will not be obligated to, in GoFundAfrica.com’s sole discretion, to remove any content or block any individual or entity for any reason.
GoFundAfrica.com will have no obligation to provide a refund of any amounts previously paid.
GoFundAfrica.com does not and cannot review all the material posted to the GoFundAfrica.com system.

By visiting GoFundAfrica.com you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user.
By visiting GoFundAfrica.com you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.

Choice of Law
These Terms and Conditions and our provision of services to you shall be governed by the laws-state, federal, or otherwise-applicable in Uganda.
Disputes between Campaign Owners and Contributors

Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors. GoFundAfrica does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. GoFundAfrica is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, GoFundAfrica is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.

Communications

Electronic communications from GoFundAfrica.com will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow GoFundAfrica.com to send these communications to your email address. You also agree that GoFundAfrica.com is not liable for any user generated content that is sent to you as a part of these communications.
You agree that you are liable for any communications you send to potential Donors promoting you Fund site. These communications include, but are not limited to, “share” emails sent through the GoFundAfrica.com and communications sent outside of the GoFundAfrica.com system.
Copyright Infringement
GoFundAfrica.com has registered a Copyright Agent with Uganda Copyright Office pursuant to the Digital Millennium Copyright Act. If you believe your copyright has been infringed, please send us a notice that contains the following critical information:
  • Your name.
  • The name of the party whose copyright or trademark has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing material.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to us at:
Jamii Ventures
Maganjo House
Uma Show Grounds
Kampala
Uganda
If the DMCA notice is properly formed, we will act quickly to take down the complained-about material and request a response from the person responsible for posting it. Please note that sending a false DMCA notice is not only a criminal act, but also enables the victim of the notice to sue you.
Severability
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.
If two or more provisions are deemed to conflict with each other’s operation, Jamii Ventures shall have the sole right to elect which provision remains in force.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement