Effective October 1, 2014
In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions." Campaign Owners, Contributors and other visitors to the Services are referred to collectively as "Users."
Akabbo is a Venue
Akabbo is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. Akabbo makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of your User Content (as defined below) posted on the Services. Akabbo does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.
Eligibility to Use the Service
You are not eligible to use the Services without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Services with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Services. You are not eligible to use the Services if you have previously been suspended from using the Services for any reason and we have not explicitly authorized you to resume using the Services. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If you know that your Campaign is claiming to do the impossible or it's just plain phony (fake), don't post it. You must comply with all applicable laws and regulations in connection with your Campaign, including offering Perks and using Contributions.
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
- any form of "security";
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any form of air transportation;
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
- any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed
Akabbo is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services;
- or take any action that imposes, in Akabbo’s sole discretion, an unreasonable load on Akabbo's infrastructure.
We reserve the right to remove Campaigns and terminate User accounts for such activities.
Disputes between Campaign Owners and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). 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. Akabbo is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. 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.
User Account Information
All User registration information must be accurate and truthful. Users agree to notify Akabbo immediately if you discover that your User account has been used without your authorization or there has been any other breach of your User account's security. Each User also agrees to provide additional information Akabbo may reasonably request and to answer truthfully and completely any questions Akabbo might ask you in order to verify such User's identity.
License to Users
grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with these Terms.
As a Campaign Owner, you are permitted to offer Perks to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Campaign Owners will respond promptly and truthfully to all questions posed to them by Akabbo or any Contributor. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Campaign Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Perks. Akabbo 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.
As a Contributor, you are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Akabbo doesn't guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Akabbo does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. In the event a Contribution is returned because of our inability to disburse funds to a Campaign Owner, you will no longer be entitled to delivery of any Perk associated with your Contribution.
Fees and Payments
Setting up an account on the Services is free. We do not charge fees to Contributors, but we do charge fees to Campaign Owners as a portion of the funds they raise. By using the Services Users agree to our fees listed here. Changes to fees are effective after we post notice of the changes on the Services. Updated fees are applied to Campaigns launched after the notice is posted. Users are responsible for paying all taxes associated with their use of the Services. Akabbo is not responsible for the performance of Flutterwave or any third party credit card processing services.
Contributions, along with Akabbo's fees and charges, are not refundable. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors (including delivering any Perks), 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.
Taxing authorities may classify funds raised on Akabbo as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. We will ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. We will provide Campaign Owners with a tax document if required by the relevant taxing authorities. We encourage Campaign Owners to consult with a licensed tax advisor from their local jurisdiction when planning their Campaigns to understand and prepare for the tax obligations associated with funds raised on Akabbo.
Users may create a "Organization Page" on Akabbo's website to link your brand with one or more Campaigns. If Users create an Organization Page, Users also agree to the Organization Terms.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Akabbo a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Akabbo, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the Services without Akabbo's prior written permission (which may be granted or withheld by Akabbo in its sole and absolute discretion). Campaign Owners may request permission from Akabbo by sending an email to email@example.com. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Akabbo does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Akabbo from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Campaign Owner and not to Akabbo.
Third-Party Websites, Advertisers or Services
Campaigner Owners that accept PesaPal and Contributors that use PesaPal agree to comply with the PayPal Acceptable Use Policy.
Each User agrees to defend, indemnify and hold harmless Akabbo, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Akabbo may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Akabbo and each User agrees to assist and cooperate with Akabbo in the defense or settlement of any such matters.
Akabbo has no fiduciary duty to you. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.
Limitation of Liability
Akabbo (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF TWO HUNDRED MILLION UGANDA SHILLINGS (UGX 200,000,000) OR THE FEES PAID TO Akabbo FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Akabbo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Akabbo without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Akabbo may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (i) the Services shall be deemed solely based in Uganda (the principal place of business and corporate headquarters of Akabbo); and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Akabbo, either specific or general, in jurisdictions other than Uganda. This Agreement shall be governed by the laws of Uganda, without respect to its conflict of laws principles.
Each User agrees that any and all disputes or claims that have arisen or may arise between such User and Akabbo relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that such User may assert claims in small claims court, if such User claims qualify. There is no judge in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, a User must send a letter requesting arbitration and describing the claim to our registered agent, X. The arbitration will be conducted by the Center for Arbitration and Dispute Resolution under its rules. Payment of all filing, administration and arbitrator fees will be governed by the CADR's rules. Akabbo will reimburse those fees for claims totaling less than UGX 2,000,000 unless the arbitrator determines the claims are frivolous. A User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where such User lives or at another mutually agreed location. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, such User waive any right to a jury trial. User and Akabbo also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in Kampala, Uganda. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
Campaign Owners and other Users should be aware that the state may impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities. The laws typically include registration and reporting requirements. Akabbo merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in Uganda.
In the event of a conflict between these the English language version of the Terms and any local language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree Akabbo may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by Akabbo might be similar or even identical to a submission received by Akabbo, the following policy applies to all third party User submissions to Akabbo of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) Akabbo will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) Akabbo will not be liable for any use or disclosure of any submission; and (d) Akabbo shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
These Terms are the entire agreement between each User and Akabbo regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Akabbo's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Akabbo may alter the Terms at any time, so please review them frequently. If a material change is made, Akabbo may notify you in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Akabbo's sole discretion, in good faith, and using common sense and reasonable judgment.
No Legal Advice
Nothing contained in the Terms or the Services constitutes legal advice. If Users have any questions regarding their legal rights and legal obligations, Users should consult with their own attorney.