Terms Of Use


Introduction

Welcome to the website of Do Good Social Impact Foundation (“DoGood", “we”, “us", “our" and other similar terms of reference used in the context of the sentence). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, referred to as the “Terms of Use"), govern your access to and use of www.dogood.africa , including any content, functionality and Platform offered on or through www.dogood.africa (the “Website"), mobile applications and related service (‘collectively referred to as ‘the Platform’), whether as a guest or a registered user.

ARBITRATION, TRIAL BY JURY AND GROUP LITIGATION WAIVER: EXCEPT AS OTHERWISE STATED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A GROUP LITIGATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify parts of these Terms of Use at any time. When we do this, we will post the revised Terms of Use on this page and will indicate the date of such revision. Your continued use of the Platform after the date of any such changes constitutes your acceptance of the new Terms of Use. To the extent allowed by law, the English version of these Terms of Use is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Use, you may discontinue your use of the Platform.



Platform Description

DoGood provides this Platform to allow an individual or organisation (‘Project Organizer’) to post a fund raising campaign for charitable projects (‘Project’) to the Platform to accept monetary donations (‘Donations’) from donors (‘Donors’).

Although there are no fees to set up a Project, industry-standard transaction fees will apply (hereinafter and on the website referred to as “Transaction Fees") to the services rendered to Project Organisers. To learn more about DoGood’s Platform and applicable Transaction Fees, visit [https://dogood.africa/about]


DoGood is a platform. We are not a broker, financial institution, creditor or charity

The Platform is an administrative platform only. DoGood facilitates the Project of the Project Organisers and permits Donors to make donations to these Project Organisers. DoGood is not a broker, agent or financial institution.

All information and content provided by DoGood relating to the Platform is for information purposes only and DoGood does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. Before making any decisions regarding any Projects, Project Organisers, Donations, Donors or any information or content relating to the Platform, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Platform is at your own risk.

DoGood has no control over the conduct of, or any information provided by, a Project Organiser or other user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Project or a Charity will obtain a certain amount of Donations or any Donations at all. We do not endorse any Project or Project Organiser, and we make no guarantee, express or implied, that any information provided through the Platform is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Project. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Project or Project Organiser.

All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used. DoGood is not responsible for any offers, promises, rewards or promotions made or offered by Projects or Project Organisers. We do not and cannot verify the information that Project Organisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Project Organiser or Charity or in accordance with applicable laws.

Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Project Organiser or Charity is not raising or using the funds for their stated purpose, please use the “Report" button on the Project or Project Organiser to alert our team of this potential issue and we will investigate.

You, as a Project Organiser, represent, warrant, and covenant that (i) all information you provide in connection with a Project is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Project will be used solely as described in the materials that you post or otherwise provide; (iii) you will not infringe the rights of others; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorise DoGood and DoGood reserves the right to provide information relating to your Project to Donors, beneficiaries of your Project or law enforcement, and to assist in any investigation thereof.


Your Registration Obligations

You may be required to register with DoGood to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [https://dogood.africa/privacy-policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

 

Project Organisers

Must register using their true identities, including their name and any image or video purporting to depict the Project Organiser or the beneficiary of such Project. Registration data and other information about you are governed by our Privacy Policy. Certain aspects of our Platform may also require you to register with and agree to the terms of third-party service providers (e.g., payment processors) with whom DoGood has entered into contracts, in order to be able to benefit from their Platform. If DoGood or one of our payments processors at any time discover/s that the information you provided about you or the purpose of your Project is incorrect or violates any of these Terms of Use or their Terms of Use, the Platform may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party payment processors are integral to the Platform and that we may exchange information with such third parties in order to facilitate the provision of Platform as set out in our Privacy Policy.

 

Taxes

It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Platform. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

 

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify DoGood of any unauthorised use of your password or account or any other breach of security and (b) sign out from your account at the end of each session when accessing the Platform. DoGood will not be liable for any loss or damage arising from your failure to comply with this Section.

 

Modifications to Platform

DoGood reserves the right to update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Public Content; Public Display of Donations

Some of your activity on and through the Platform is public, such as content you post publicly on the website. Additionally, user profile information, including your first and last name, public email address, organisation, personal biography and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Platform. Please see our Privacy Policy [https://dogood.africa/privacy-policy] for information on the ways that we may collect, use and store certain information about you and your use of the Platform.

 

Promotions

You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion") on or through the Platform without our prior written consent which may be withheld at our sole and absolute discretion. You may seek permission by sending an email to [[email protected]]

Data Retention

You acknowledge that DoGood has no obligation to you to retain data relating to any account or Project. You acknowledge that DoGood reserves the right to delete data or to terminate accounts or Projects at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

 

Mobile Platform

The Platform include certain features that may be made available via a mobile device, including the ability to (i) upload content to the Platform, (ii) browse the Platform and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Platform"). To the extent that you access Mobile Platform, your mobile network’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Platform may be prohibited or restricted by your mobile service provider and not all Mobile Platform may work with all providers or devices. By using the Mobile Platform, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Platform may be communicated to us. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your DoGood account information to ensure that your messages are not sent to the person who acquires your old number.



User Conduct

You are solely responsible for all Project descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content") that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload") via the Platform. If you are not the beneficiary of the Project you organise, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Use.

The following are examples of Content and/or use that is illegal or prohibited by DoGood. This list is not exhaustive and we reserve the right to investigate anyone who, at our sole discretion, violates any of the terms or spirit of these Terms of Use. We further reserve without limitation the right to remove the offending Content, suspend or terminate the account of such violators, stop payments to any such Project, freeze or place a hold on Donations and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree not to use the Platform to:

A. Raise funds or establish or contribute to any Project with the implicit or explicit purpose of or involving:

  • violating any law, regulation, industry requirement or third-party guidelines or agreements by which you are bound, including those of payment card issuers and transaction processors that you use in connection with the Platform;
  • any election Projects that are not run by a registered organisation within the supported country;
  • content or Projects that are fraudulent, misleading, inaccurate, dishonest or impossible;
  • illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, or legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
  • knives, explosives, ammunition, firearms, or other weaponry or accessories;
  • annuities, investments, equity or lottery contracts, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other Platform that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
  • gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not legally defined as a lottery), promotions involving financial rewards including gift vouchers or sweepstakes;
  • Projects we deem, at our sole discretion, to be in support of, or for the legal defence of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism or intolerance of any kind relating, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity or serious disabilities or diseases;
  • funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
  • pornography or other sexual content;
  • offensive, graphic, perverse or sensitive content;
  • the sale of items before the seller has control or possession of the item;
  • credit repair or debt settlement Platform;
  • the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Project;
  • sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
  • aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
  • counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
  • products or Platform that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
  • unauthorized sale or resale of brand name or designer products or Platform;
  • sale of goods or Platform that are illegally imported or exported;
  • processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
  • collecting or providing funds for any purpose other than as described in a Project description;
  • any other activity that DoGood may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud and activities of a similar nature; or
  • any other activity that DoGood may deem in its sole discretion to be unacceptable.

B. Transmit or otherwise upload any content that

  • infringes any intellectual property or other proprietary rights of any party;
  • you do not have a right to upload under any law or under contractual or fiduciary relationships;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • poses or creates a privacy or security risk to any person;
  • constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail," “spam," “chain letters," “pyramid schemes," “contests," “sweepstakes," or any other form of solicitation; or
  • in the sole judgment of DoGood, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose DoGood or its users to any harm or liability of any type; or

C. Raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.

We reserve the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Use or harm the interests of our users, business partners, the public, or DoGood, or that expose you, DoGood, or others to risks unacceptable to us. We may share any information related to your use of the Platform with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Platform.

 

Donations

In order to contribute to a Project or to a Charity, a Donor will be required to provide DoGood information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Platform (a “Billing Account”). You, as a Donor, represent and guarantee to DoGood that such information is true and that you are authorised to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply and that all Donation payments are final and will not be refunded unless DoGood, at its sole discretion, agrees to issue a refund, for example in accordance with the DoGood Guarantee. DoGood uses third-party payment processing partners to invoice you through your Payment Instrument and Billing Account for any Donations made and Donors acknowledge that by contributing a Donation to a Project, the Donor is agreeing to any and all applicable terms set forth by our payment partners: Paystack (https://paystack.com/terms).

Recurring Donations

Donors may have the option to make recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription" and each individual Donation made in connection with a Donation Subscription, a “Donation Instalment"), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions are renewed automatically and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platform, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorise DoGood to charge your Payment Method the amount of the applicable Donation Instalments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Instalments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Method, such as a change in your billing address or credit card expiry date). Changes to or termination of Donation Subscriptions or Donation Instalments will only apply to Donation Instalments that take place after DoGood receives notice of such change or termination. DoGood does not provide refunds of any amounts received in connection with previously made Donation Instalments.

Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Instalment are the sole responsibility of, and at the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Project Organiser or Project), (b) individual Donation Instalments may not be tax deductible, even if previous Donation Instalments for the same Donation Subscription were, and the amount of each Donation Instalment that is tax deductible may vary, (c) one or more specific Donation Instalments may not be provided to or received by the applicable cause, or Project if such cause, charity or Project becomes unavailable, unable to accept Donations or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause or Project becomes subject to an investigation or is suspended or removed from the Platform by DoGood or (d) the amounts actually received by the applicable Project, or cause may differ from one Donation Instalment to the next (for example, if the transaction fees associated with the Donation Instalment change).

Your non-termination of a Donation Subscription reaffirms that DoGood is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.

 

Account Holds

From time to time, DoGood may (at our sole discretion) place a hold on a Project account (a “Hold") restricting Withdrawals (defined herein) by a Project Organiser. Some of the reasons that we may place a hold on a Project Account include the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Project Organiser is false, misleading or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by DoGood at its sole discretion) should be provided directly to a person other than the Project Organiser (such as a legal beneficiary or person entitled by law to act on behalf of a Project Organiser), (iii) if we have reason to believe that a Project or Project Organiser has violated these Terms of Use, (iv) if DoGood determines that the Project Organiser is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (at our sole discretion) that there may be suspicious or fraudulent donation activity or (vi) if required in order to comply with a court order, subpoena, writ, injunction or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Project account or need information about how to resolve the Hold, please contact us at [[email protected]]

Withdrawing Donations from a Project

While DoGood endeavours to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and DoGood does not guarantee that Withdrawals will be available to you within any specific time frame, and DoGood expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Project Organiser, are responsible for ensuring that the information you provide to DoGood in order to process a Withdrawal, including your bank account details, is accurate and up to date. DoGood may, at any time, for any reason, without notice, and at its sole discretion, offer or issue a refund of Donation(s) with or without consulting you, which may comprise the total amount donated to your Project. DoGood is not liable to you or to any third party for any claims, damages, costs, losses or other consequences caused by DoGood issuing refunds, including, but not limited to, transaction or overdraft fees.

 

Special Notice for International Use; Export Controls

Software (defined below) available in connection with the Platform and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the Nigeria or other jurisdictions. No Software may be downloaded from the Platform or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Platform, including as it concerns online conduct and acceptable content.



Platform Content, Software and Trademarks

You acknowledge and agree that the Platform may contain content or features (“Platform Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by DoGood, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform 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 Platform. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by DoGood from accessing the Platform (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 Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of DoGood, 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 DoGood.

The DoGood name and logos are trademarks and service marks of DoGood (collectively the “DoGood Trademarks"). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to DoGood. Nothing in these Terms of Use or the Platform should be construed as granting, by implication or otherwise, any license or right to use any of DoGood Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of DoGood Trademarks will inure to our exclusive benefit.


Third-Party Material

Under no circumstances will DoGood be liable in any way for any content or materials of any third parties (including users and Project Organisers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that DoGood does not pre-screen content but that DoGood and its designees will have the right (but not the obligation) at their sole discretion to refuse, remove or allow any content that is available via the Platform at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.


User Content Transmitted Through the Platform

With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Platform or share with other users or recipients (collectively, “User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit such User Content, including without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing or otherwise making available any User Content, or any portion thereof, in connection with the Platform, you hereby grant and will grant DoGood and its affiliated companies and users a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless DoGood and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licences, waivers and releases from such person(s) for the benefit of DoGood in a manner fully consistent with the licences, waivers and releases set forth above. You further acknowledge that your participation in the Platform and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licences, waivers and releases set forth herein (or DoGood’s exploitation thereof) and that the sole consideration for subject matter of this agreement is the opportunity to use the Platform.

We do not guarantee that any Platform Content will be made available through the Platform. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Platform Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Platform Content or User Content, or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Platform Content or User Content from the Platform.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions"), provided by you to DoGood are non-confidential and DoGood will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that DoGood may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DoGood, its users or the public.


Copyright Complaints

DoGood respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify DoGood of your infringement claim in accordance with the procedure set forth below.

DoGood will process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act 2004 and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to DoGood’s Agent at “[email protected]” (Subject line: “Takedown Request").

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 Platform, with enough detail that we may find it on the Platform;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the 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 above-listed Copyright Agent:

  • your physical or electronic signature
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, DoGood 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

In accordance with the DMCA and other applicable law, DoGood has adopted a policy of terminating, in appropriate circumstances and at DoGood’s sole discretion, users who are deemed to be repeat infringers. DoGood may also at its sole discretion limit access to the Platform and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


Third Party Websites/Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


Indemnity and Release

You agree to release, indemnify on demand and hold DoGood and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any Donation or Project, any User Content, your connection to the Platform, your violation of these Terms of Use or your violation of any rights of another. You agree that DoGood has the right to conduct its own defence of any claims at its own discretion and that you will indemnify DoGood for the costs of its defence (including, but not limited to legal fees.).


Disclaimer of Warranties

Your use of the platform is at your sole risk. The platform is provided on an “as is" and “as available" basis. DoGood and its affiliates expressly disclaim and exclude, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

DoGood and its affiliates make no guarantee or condition that (i) the platform will meet your requirements, (ii) the platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the platform will be accurate or reliable, or (iv) the quality of any products, platform, information, or other material purchased or obtained by you through the platform will meet your expectations.


Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW



DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS


Arbitration; Class Action (Group Litigation) Waiver

You agree that all disputes between you and us or any of our officers, directors or employees acting in their capacity as such (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms of use, your use of the platform, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration and you and we hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. You understand and agree that, by entering into these terms, you and we are each waiving our right to a trial by jury or to participate in a class action.

Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) seek injunctive relief in a court of law; or (c) file suit in a court of law to address an intellectual property infringement claim.


The Process

Any arbitration between you and us will be settled under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, by a sole arbitrator and administered by the Chartered Institute of Arbitration UK (Nigerian Branch). The seat of the Arbitration shall be in Lagos and the language of the Arbitration shall be English.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: [2C Obasa Rd, Off Oba Akran Ave, Oba Akran, Ikeja]. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.


Fees

Each party will bear the costs of the arbitration equally, including the fees of the Arbitrator.

  • No Class Actions (Group Litigations). You and we agree that each may bring claims to the fullest extent legally permissible against the other only in your or its individual capacity and not as a plaintiff (claimant) or class member (group litigant) in any purported class or representative proceeding.
  • Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class (group litigation) proceeding.
  • Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
  • Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be https://dogood.africa and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Use.

Confidentiality

We each agree to keep the arbitration proceedings, all information exchanged between us and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors and insurance providers.


Termination

You agree that DoGood, at its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Platform and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.


User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Platform and DoGood will have no liability or responsibility with respect thereto. DoGood reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.



General

These Terms of Use constitute the entire agreement between you and DoGood and govern your use of the Platform, superseding any prior agreements between you and DoGood with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party Platform, third-party content or third-party software. These Terms of Use will be governed by the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and DoGood agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Lagos, Nigeria.

The failure of DoGood to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of DoGood, but DoGood may assign or transfer these Terms of Use, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Platform.


Privacy Notice

At DoGood, we respect the privacy of our users. For details please see our [https://dogood.africa/privacy-policy]. By using the Platform, you consent to our collection and use of personal data as outlined therein. If you are in any country within the European Union, by using the Platform, you hereby acknowledge and consent to DoGood’s collection and use of personal information as described in the Privacy Notice.


Questions? Concerns? Suggestions?

Please contact us at [[email protected]] to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use or the Platform.