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    Terms & Conditions

    Terms of Service

    Updated: May 24, 2024

    Subject to these Terms of Service, as amended from time to time (“Terms of Service”), Mayekoo Ghana Ltd. (“Mayekoo”, “we”, “us”, “our”) provides the Mayekoo Platform to you through its website at www.mayekoo.com (collectively, with any new features and applications, the “Platform”) and the Mayekoo Community and related services (collectively, with the Platform, including any new features and applications, the “Services”). If you are an Organizer, Beneficiary to a Fundraiser, comment contributor, or Donor (collectively referred to herein as a “User”), you are contracting with Mayekoo Ghana Ltd., a limited liability company of the Republic of Ghana, with a principal address at No. 3 Legon Bypass, North Dzorwulu, Accra, Ghana.

    For purposes of these Terms of Service, “Mayekoo,” “we,” “us,” “our,” and other similar terms shall refer to Mayekoo Ghana Ltd. Details of your options for contacting us can be found at the end of these Terms of Service.

    Acceptance of Terms

    These Terms of Service (“Terms of Service”) govern your access to and use of the Website and your receipt of any monetary donations (“Donations”) and prizes listed through the Website (“Prizes”), which may be obtained through monetary donations and entries. By accessing the Website, submitting any content, registering for an account, submitting donations or entries, or receiving any Prizes or Donations, you agree to these Terms as a legally binding contract with us and our sponsor, Mayekoo Ghana Ltd., a limited liability company of the Republic of Ghana, with a principal address at No. 3 Legon Bypass, North Dzorwulu, Accra, Ghana (the “Sponsor”). References to Mayekoo are also references to the Sponsor.

    Please read these Terms carefully.

    ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER

    EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY.

    BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SERVICE.

    Modifications to Terms of Service

    We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Where possible, we will provide 30 days’ notice of substantive changes to these Terms of Service and, if appropriate, we may inform users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms of Service on this page and will indicate the date of such revision.

    Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by applicable law, the English language version of these Terms of Service is binding, and translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail. If you do not wish to accept the new Terms of Service, you should discontinue your use of the Services.

    In addition, when using the Services, you will be subject to additional applicable policies including, without limitation, as set out in the Privacy Notice.

    Use of the Website

    You may use the Website for your personal, noncommercial use only. You may not access the Website if you are under the age of 18 or the age of majority in your jurisdiction. These Terms of Service also include, and your use of the Website is subject to, all the Website policies, including our Privacy Policy, Cancellations Policy, and Returns Policy (the “Policies”). Please review our Privacy Policy to understand how we collect, use, and disclose information we collect from or about you. Please see the Policies page for more information about our Policies. If these Terms of Service are inconsistent with any Policy, the applicable Policy will control to the extent of any conflict.

    Account Registration, Access, and Use of the Services

    If required to register to use any aspect of the Website, you will: (i) provide true, accurate, current, and complete information as prompted by the registration page (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You may be required to be logged in to your account and have a valid payment method associated with it. We may suspend or terminate your account and refuse your current or future use of any or all of the Website for any reason and at any time, including if we have a reasonable belief that information you provide may not meet these standards. You are solely responsible for the security and confidentiality of your password and account and for all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to log on to the Website using your account information or use your account information for any acquisition of entries. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We may provide Registration Data, user content, usage records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers, or business).

    Services Description

    The Services are offered as a platform to allow an individual, entity, or non-profit organization (the “Organizer”) to post a fundraiser (“Fundraiser”) on the Platform to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”). Additionally, the Services allow individuals to use the Website to accept any prizes listed through the Website (“Prizes”), which may be obtained through monetary donations and entries via a random sweepstakes draw.

    Payment Processor

    Mayekoo is not a payment processor and does not hold any funds. Instead, Mayekoo uses third-party payment processing partners to process Donations for a Fundraiser (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors to facilitate the provision of the Services. See the section “Payment Processors” hereafter and our Privacy Notice for details of the third parties we work and share information with.

    Transaction Fee

    Although there are no fees to start or maintain a Fundraiser, please keep in mind that a transaction fee, including mobile money, mobile wallets, credit and debit charges, is deducted from each donation (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the Platform and the applicable Transaction Fee, visit the Mayekoo website.

    The Services are Platforms; We are not a Broker, Financial Institution, or Creditor

    The Services are administrative platforms only. Mayekoo facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. Mayekoo is not a broker, agent, financial institution, or creditor.

    All third-party information and content hosted by us on the Services is for informational purposes only, and Mayekoo does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding any Fundraisers, Charities, or Social Impact Organization (as defined below), Donations, Donors, or any information or content relating to the Services, 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 Services is at your own risk.

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

    Donors

    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 and to check the Fundraiser content regularly for any updates. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds reported to us very seriously. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please notify our team of this potential issue and we will investigate.

    Paying for Your Order

    We work with third parties to provide certain functionality for the Website, including payment processing if you purchase entries. For clarity, although entries are available for purchase, no purchase is necessary. When you put entries in your cart and check out, you are interacting directly with our third-party payment processing partner, and not us or the Sponsor. We do not warrant the offerings of third-party providers or assume any responsibility or liability for their actions, services, or content. You should review their privacy notices and conditions of use.

    Generally, we’ll charge your payment method when you place your order. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are also responsible for paying all applicable taxes relating to your purchases. If your card issuer provides us with updated information for any card whose information is stored in your account, you authorize us to use the updated information to complete a charge.

    Donors to Charities or Social Impact Organizations

    If you are a Donor to a non-profit organization, established as such under the applicable laws of incorporation or trust structure (“Charity or Social Impact Organization”): A. You are not permitted to impose restrictions on the use of such Donation by the Charity or Social Impact Organization. To the extent that you make a Donation in response to an appeal for a particular program of a Charity or Social Impact Organization, or to the extent that you purport to direct the use of Donations by a Charity or Social Impact Organization, any such directions shall constitute non-binding recommendations only and the Charity or Social Impact Organization shall have full discretion to determine how all Donations will be used. B. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction. Mayekoo makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits or an equivalent redemption. Mayekoo will have no liability for any claim by any federal, state, provincial, territorial, local, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User, or any Charity or Social Impact Organization. C. You acknowledge and agree that, in accordance with our Privacy Notice, certain of your personal information will be shared with the Charity or Social Impact Organization to which you make a Donation, including without limitation, as part of a Donor List (as defined below) and may be used by such Charity or Social Impact Organization to issue official Donation receipts (or equivalent document) and in accordance with the Charity or Social Impact Organization’s privacy policy. Mayekoo is not responsible, and shall not be liable, for any Charity or Social Impact Organization’s use of any Donor information.

    Organizers

    You, as an Organizer, represent, warrant, and covenant that: (i) all information you (whether through yourself, an agent, or using artificial intelligence) provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Fundraiser; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw Donations believed by Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) 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; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize Mayekoo, and Mayekoo reserves the right to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser, or law enforcement or other regulatory authorities, and to assist in any investigation thereof.

    If you use the Services as an agent of a Charity or Social Impact Organization to raise funds for such Charity or Social Impact Organization, you represent and warrant that: (a) you are a representative of the Charity or Social Impact Organization, which representative is authorized to raise funds for the Charity or Social Impact Organization and bind the Charity or Social Impact Organization to these Terms of Service; (b) you are raising funds for a Charity or Social Impact Organization, with a cause or activity that is legal under all applicable federal, state, provincial, territorial, and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity or Social Impact Organization has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States or the Income Tax Act in Canada); and (e) your Charity or Social Impact Organization is registered with the appropriate database for designation of tax-exempt organizations in your state or country, for example, GuideStar or the IRS tax-exempt organization database in the United States, or the Canada Revenue Agency’s database of registered Charities or Social Impact Organization in Canada.

    Your Registration Obligations

    You may be required to register with Mayekoo to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself or your Charity or Social Impact Organization as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Charities or Social Impact Organization’ authorized representatives), including their name, address, and any image or video purporting to depict the Organizer or the Beneficiary of such Fundraiser. You agree to keep registration information current and up to date.

    Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Notice. If you are under 18 years of age (16 in the European Economic Area), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom Mayekoo has entered into contracts, to be able to benefit from their services. If Mayekoo or one of our Payment Processors at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you.

    Charities or Social Impact Organizations

    The Services include the features and services described here. All Donations are subject to a Transaction Fee for each Donation.

    1. Chargebacks and Refunds

      Occasionally, a Donor may dispute a credit card charge for a Donation through the Services or submit a request for a refund. If Donations are refunded to the Donor by Paystack or Payment Processor, the chargebacks or refunds will be deducted from future payments to the Charity or Social Impact Organization, and if necessary, an invoice will be issued to the applicable Charity or Social Impact Organization. The applicable Charity or Social Impact Organization expressly agrees that: (a) it will be responsible for paying Paystack or Payment Processor the full amount of any Donation refund due to a Donor; and (b) Paystack or Payment Processor, as applicable, may elect to offset a future Donation rather than requesting that the Charity or Social Impact Organization return the refunded Donation.

    2. Removal of a Charity or Social Impact Organization from our Database

      If you are the authorized representative of a Charity or Social Impact Organization, and you do not wish for your Charity or Social Impact Organization to appear in Mayekoo’s searchable database, you may contact us to request that your Charity or Social Impact Organization be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity or Social Impact Organization. Please note that if your Charity or Social Impact Organization is removed from the Mayekoo’s database, it will not be eligible to receive contributions through the Platform.

    3. Receiving Funds

      As a Charity or Social Impact Organization, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities or Social Impact Organization” below. Mayekoo is not a payment processor and does not hold funds.

    4. Taxes

      Mayekoo does not withhold funds for tax purposes or otherwise. Charities or Social Impact Organization will be solely responsible for taxes based on applicable international, federal, state, local, or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
    5. Donor Lists and Other Data

    A Charity or Social Impact Organization may access information about an Organizer of a Fundraiser for the Charity or Social Impact Organization, Donor Lists (defined below), and Donor Data (defined below) for compliance and transactional purposes. Please contact us here with any questions. “Donor Data” means a Donor’s name, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONORS WHO CONTRIBUTE TO A Charity’s or Social Impact Organization’s FUNDRAISER THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND Mayekoo MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Even if a Donor checks the “Anonymous” checkbox at the time of Donation, the Donor consents to the disclosure of Donor’s Donor Data as described herein, including without limitation, disclosure as part of a Donor List.

    Prizes and Stated Descriptions

    The estimated value of any Prizes (if applicable) represents pricing information for a corresponding Prize available elsewhere or on the Website. Prizes may have an “approximate retail value” displayed, which is determined using recent price history of the product through retailers in the United States. Prizes may have a cash alternative in lieu of a product and list corresponding fulfillment date(s) and location(s). We do not warrant that descriptions of Prizes are accurate, complete, reliable, current, or error-free. We attempt to describe our Prizes accurately, but some details for Prizes may occasionally contain errors. Your receipt of a Prize is not confirmed until we send you an email confirming receipt. At any time after receipt of your entry, we may accept, decline, or place quantity or other limits on your entry for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your receipt of a Prize for which you are eligible, we will attempt to notify you using the email address you provide to us. We may change the availability of any particular Prizes or entries without prior notice at any time. We do not offer refunds in the event of temporary or permanent price drops for entries following the purchase at higher prices. All sales of digital content are final. You should review our Returns and other applicable Policies.

    Taxes

    It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. 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: (i) immediately notify Mayekoo of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. Mayekoo will not be liable for any loss or damage arising from your failure to comply with this section.

    reCAPTCHA

    The Platform uses the reCAPTCHA product to provide an added level of security. reCAPTCHA is subject to the Google Privacy Policy and Terms of Service.

    Google Maps

    The Platform uses the Google Maps feature and content, which is subject to the then-current versions of the: (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.

    Modifications to the Services

    Mayekoo reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, and, to the extent permitted by applicable law, without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. While Mayekoo will endeavor to provide notice of planned modifications or disruptions to the Service, this may not be possible in the case of unplanned outages or legally mandated changes.

    Content Manifestly Made Public by the User

    1. Public Content; Public Display of Information and Donations

      Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands, or other materials you upload or post through the Services, or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, public email address, organization, 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 Services. For example, as an Organizer, you might post your personal data – such as information about a recent hospital stay – which data might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private from the general public, click the “Private” checkbox during the Donation process. However, your information will still be disclosed to the Organizer, their team members, the Beneficiary, and otherwise needed in accordance with our Privacy Notice. Please see our Privacy Notice for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
    2. Other Information

    Please be advised that User Content and other information, solicited or unsolicited, that you provide to Mayekoo may be publicly accessible, such as information you post in forums, comment sections, or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that Mayekoo will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary and where permitted by law, you hereby grant to Mayekoo a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (vi) unless such a waiver is prohibited by applicable law, you irrevocably waive, and cause to be waived, against Mayekoo and its Users any claims and assertions of any moral rights or equivalent contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.

    You acknowledge that Mayekoo may preserve Other Information, as well as User Content, and may also disclose your Other Information or User 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 Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mayekoo, its Users, employees, or the public.

    Third-Party Communications

    If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser or a Donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority (including any necessary consents) of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by Mayekoo to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to: (i) contact such third party using the Third-Party Data provided; and/or (ii) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.

    Promotions on the Platform

    You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes, or similar activity (each, a “Promotion”) on or through the Services.

    Sales Prohibited on the Platform

    You are not permitted to offer any good or service in exchange for a Donation on the Platform.

    Data Retention

    You acknowledge that Mayekoo has no obligation to you to retain data relating to any account or Fundraiser after the conclusion of a Fundraiser. You acknowledge that, subject to any data it may retain for the purpose of complying with legal obligation and/or for the purpose of establishing, exercising, or defending a legal claim, Mayekoo reserves the right to delete historic data or to terminate inactive accounts without notice. Mayekoo will attempt to provide Charities or Social Impact Organizations with reasonable notice prior to the deletion of accounts or data. Where Mayekoo has reason to suspect fraud, misuse of the Services, or any breach of these Terms of Service, Mayekoo may suspend or delete accounts or associated data of Fundraisers at any time with or without notice, and, to the extent permitted by applicable law, without any liability to Users or to any third party for any claims, damages, costs, or losses resulting therefrom.

    Mobile Services and Text Messages

    The Mayekoo Services include certain features that may be made available via a mobile device, including the ability to: (i) upload User 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 Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your Mayekoo account, if you click “Send code” by “Text Message,” you agree to receive automated and non-automated text messages related to your account from or on behalf of Mayekoo at the phone number provided. You can reply STOP to such text messages to cancel, except for automated text messages related to the security of your account. Message frequency will vary. Message and normal data rates may apply. 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 Mayekoo account information to ensure that your messages are not sent to the person that acquires your old number.

    Prohibited Conduct

    You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit, or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Fundraiser. If you are not the Beneficiary of the Fundraiser you organize, 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 Service.

    The following are examples of User Content and/or use that is illegal or prohibited by Mayekoo. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service or other policies such as the Mayekoo Giving Guarantee or Beneficiary Guarantee. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users.

    Without limiting the foregoing, you agree and represent, warrant, and covenant:

    1. Not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:

      1. The violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
      2. Fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible;
      3. Offensive, graphic, perverse, or sensitive or sexual content;
      4. The funding of a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
      5. Drugs, narcotics, steroids, controlled substances pharmaceuticals, or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
      6. Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
      7. Knives, explosives, ammunition, firearms, or other weaponry or accessories;
      8. User Content that reflects, incites, or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorist financing, or intolerance of any kind; reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities, or diseases;
      9. The legal defense of alleged financial and violent crimes;
      10. User Content that reflects suicide or self-harm;
      11. Publication of User Content (such as mug shots) that causes reputational harm;
      12. Gambling, gaming, and/or any other activity with an entry fee and a prize including, but not limited to raffles, 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 it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes;
      13. The aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
      14. Annuities, investments, loans, equity or lottery contracts, law-away systems, offshore banking, or similar transactions, money service businesses (including currency exchanges, check cashing, or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing, and referral marketing programs, debt collection, or cryptocurrencies;
      15. The receipt or grant of cash advances or lines of credit to yourself or to another person or purposes other than those purposes clearly stated in the Fundraiser or for credit repair or debt settlement services;
      16. Counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
      17. Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
      18. The unauthorized sale or resale of goods or services;
      19. Any election campaigns in an unsupported country unless run by a registered organization within a supported country;
      20. The collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Mayekoo;
      21. The collecting or providing of funds for any purpose other than as described in a Fundraiser description; or
      22. Any other activity that Mayekoo may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose Mayekoo, its employees, or Users to any harm or liability of any type.

    2. Not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; or (v) 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;
    3. Not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies, or regulations of the networks connected to or used to provide the Services;
    4. Not to harvest, collect, or publish personally identifiable information of others;
    5. Not to 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;
    6. Not to use the Services on behalf of a third party or post any personal data or other information about a third party without the express consent of that third party;
    7. Not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
    8. Not to create any liability for Mayekoo or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company, or any other vendors or suppliers;
    9. Not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
    10. Not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
    11. Not to use the Services to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
    12. Not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
    13. Not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
    14. Not to attempt to undertake indirectly any of the foregoing.

    Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant, and covenant:

    1. Not to make or accept any Donations that you know or suspect to be erroneous, suspicious, or fraudulent;
    2. Not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) nor as applicable in your country;
    3. To maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including, without limitation, adhering to any security procedures and controls required by Mayekoo from time to time;
    4. To maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for Mayekoo to verify compliance with these Terms of Service and make such records available to Mayekoo upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
    5. At Mayekoo’s request, to cooperate as far as reasonably possible and permitted under applicable law, in the auditing of, investigation of (including, without limitation, investigations by Mayekoo, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.

    Mayekoo reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Mayekoo, or that expose you, Mayekoo, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our Privacy Notice. 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 Services.

    Donor Conduct

    Donations

    In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide information regarding the Donor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s Mayekoo account (a “Billing Account”). You, as a Donor, represent and warrant to Mayekoo that such information is true, current, and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded. Mayekoo uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer, or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. For a list of our current Payment Processors and links to their terms of service, please see the PAYMENT PROCESSORS section below.

    Organizers, Beneficiaries, or Charities

    Account Holds

    From time to time, Mayekoo may, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, place a hold on a Fundraiser account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner; (ii) the funds available should be provided directly to a person other than the Organizer, such as a legal beneficiary or person entitled by law to act on behalf of an Organizer; (iii) a Fundraiser or Organizer has violated these Terms of Service; (iv) the Organizer is colluding with Donors to engage in fraudulent activity; (v) there may be suspicious or fraudulent Donation activity; or (vi) such action(s) is required 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 Fundraiser account, or need information about how to resolve the Hold, please see this article.

    Withdrawing Donations from a Fundraiser

    While Mayekoo strives to make Withdrawals available to you promptly, its ability to do so is dependent upon Users providing the right information and upon legal and technical systems operating as intended. You acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately; (ii) Mayekoo does not guarantee that Withdrawals will always be available to you within any specific time frame but shall use commercially reasonable efforts to provide Withdrawals as soon as reasonably possible; and (iii) to the extent permitted by applicable law, Mayekoo expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. Mayekoo will undertake commercially reasonable efforts to provide an indicative timescale for Withdrawal of donations where an immediate Withdrawal is not possible. You, as an Organizer and/or Beneficiary, are responsible for ensuring that the information you provide to Mayekoo in order to process a Withdrawal, including bank account information, is accurate and up to date. Mayekoo may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. To the extent permitted by applicable law, Mayekoo is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Mayekoo issuing refunds, including, but not limited to, transaction or overdraft fees.

    Payment Processors

    Mayekoo uses Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and Mayekoo that such information is true and that you are authorized to use the applicable Withdrawing Account.

    By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer, or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors. Our current Payment Processors include: Paystack (Paystack's terms and conditions), Stripe, Inc. (Stripe’s terms of service), and PayPal, Inc. (PayPal’s terms of service).

    Special Notice for International Use; Export Controls

    Software (as defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services 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 Services, including as it concerns online conduct and acceptable content.

    Intellectual Property Rights and Use of Artificial Intelligence

    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 Mayekoo, 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 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, spiders, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Mayekoo 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 Mayekoo, 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 Mayekoo.

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

    Third-Party Material

    Under no circumstances will Mayekoo be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Mayekoo does not pre-screen User Content, but that Mayekoo and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services 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 Services

    With respect to the 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 Services, and to the extent permitted by law, you hereby grant and will grant Mayekoo and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, prepare derivative works, publish, and otherwise use your User Content in connection with the operation of the Services, and, with your prior explicit agreement, 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, to the extent permitted by applicable law and for uses made in the context of and for the sole purpose of providing the Services, you hereby release and hold harmless Mayekoo 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. To the extent permitted by applicable law, 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 licenses, waivers, and releases from such person(s) for the benefit of Mayekoo in a manner fully consistent with the licenses, waivers, and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Mayekoo’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. To the extent permitted by applicable law, you irrevocably waive, and cause to be waived, against Mayekoo and its Users any claims and assertions of any moral rights contained in such User Content.

    To the extent permitted by applicable law, we do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but, except as provided by applicable law, do not have any obligation to: (a) remove, edit, or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you where we consider that the Services Content or User Content is illegal, inaccurate, misleading, infringes intellectual property rights, or amounts to Prohibited Conduct or a breach of these Terms of Service (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service); and (b) remove or block any Services Content or User Content from the Services for the same reasons.

    Payment Card Industry Data Security Standard

    The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud. Although card data is processed and stored by our Payment Processors, Mayekoo has achieved the highest level of PCI Compliance as PCI DSS Level 1 Compliance Service Provider. To learn more, see here.

    Copyright or Trademark Complaints

    Mayekoo 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 Mayekoo of your infringement claim in accordance with the procedure set forth below.

    Mayekoo will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) or locally equivalent applicable laws, trademark infringement, and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to Mayekoo’s Copyright Agent at wilson@mayekoo.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

    c/o Copyright Agent Wilson Dzah No. 3 Legon Bypass North Dzorwulu, Accra, Ghana GA-195-7795 e-mail: wilson@mayekoo.com

    Written claims of copyright infringement must include the following information:

    1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that you claim has been infringed upon;
    3. A description of where the material that you claim is infringing is located on the Website;
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright 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 owner, the 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:

    1. Your physical or electronic signature;
    2. 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;
    3. 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
    4. 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 by the Copyright Agent, Mayekoo will send a copy of the counter-notice to the original complaining party, informing that person that Mayekoo may replace the removed content or cease disabling it in 10 business days. Unless the 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, trademark, and other applicable law, Mayekoo has adopted a policy of terminating, in appropriate circumstances and at Mayekoo’s sole discretion, Users who are deemed to be repeat infringers. Mayekoo may also at its sole discretion limit access to or terminate 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.

    Artificial Intelligence

    We’re constantly developing new technologies and features to improve our Services. For example, we may enable you to use artificial intelligence developed by us and/or our vendors to make it easier for you to write and promote your use of our Services, such as helping you draft posts to share your campaigns. Use of such features is optional, offered solely as a convenience to you, and such features are offered on an as-is basis with no warranties of any kind. Any output generated by use of any such services enabled by artificial intelligence and machine learning is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output. It is also possible that output through the use of large language models is not always unique across customers and the Services may generate the same or similar results across multiple users. Also, you may not use the Services in a manner that violates any applicable laws or OpenAI’s Service Terms (available at https://openai.com/policies/service-terms), Sharing & Publication Policy (available at https://openai.com/policies/sharing-publication-policy), and Usage Policies (available at https://openai.com/policies/usage-policies) (the “OpenAI Policies”).

    Third Party Websites/Services

    The Services or third parties may provide or facilitate links, tools, widgets, or other features that allow you to access other sites, services, and resources provided by third parties (collectively, “Third Party Resources”). Mayekoo has no control over such Third Party Resources or any products, services, or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and Mayekoo is not responsible for and does not endorse such Third Party Resources or the products, services, or content made available thereby. You acknowledge that Mayekoo is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Resources. You further acknowledge and agree that Mayekoo 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 the use of or reliance on any content, events, goods, or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the Platform through your mobile device, and you upload a video to a Fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that Mayekoo is not liable for any loss or claim that you may have against any such third party. In addition, Third Party Resources may include products or services offered by a third party that you may display or otherwise make available through your Fundraiser. You acknowledge and agree that you may be subject to third-party terms associated with including such products or services in your Fundraiser. Mayekoo has relationships with certain providers of such products and services, and we may be paid by such providers in the form of commissions in connection with these products and services.

    Indemnity and Release

    Subject to applicable law, you agree to release, indemnify on demand and hold Mayekoo 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 Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another. You agree that Mayekoo has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Mayekoo for the costs of its defense (including, but not limited to, attorney’s fees). If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine to the extent permitted by law.

    Disclaimers and Limitations

    You accept the Website "as-is" and use it at your own risk. Despite the prohibitions below, the Website may contain inaccurate, inappropriate, or potentially offensive content, and we assume no responsibility or liability for such content. To the full extent permissible by law, we expressly disclaim all warranties, representations, and conditions, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose.

    TO THE FULL EXTENT PERMISSIBLE BY LAW, MAYEKOO AND THE SPONSOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER DETAILS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

    Dispute Resolution

    Please read this section carefully. It affects rights that you may otherwise have. It provides for the resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause will survive the termination of these Terms of Service.

    Binding Arbitration

    This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Service and/or your relationship with us or with any subsidiary, parent, or affiliate company or companies, contractors, vendors, or agents of ours, including, but not limited to: (i) claims that arose before this or any prior agreement between you and us, or which may hereafter arise; (ii) claims that are the subject of prior, pending, or future purported class action litigation; and (iii) claims that may arise after the termination of these Terms of Service. Any such dispute or claim (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

    Arbitration Procedures

    For all disputes or claims, whether pursued in court or arbitration, you must first send a written description of your claim by sending us an email at hello@mayekoo.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. If, after providing us an opportunity to resolve the dispute, your dispute or claim has not been resolved within 60 days, then, and only then, will you have the option to continue to pursue the dispute or claim through binding arbitration or, solely to the extent provided below, in court.

    The arbitration of any dispute or claim will be conducted in accordance with the rules of the International Chamber of Commerce (ICC), specifically its International Court of Arbitration, including the ICC’s Arbitration Rules (as applicable), as modified by these Terms of Service. The ICC Rules and information about arbitration and fees are available online at www.iccwbo.org. You and we agree that these Terms of Service evidence a transaction and this arbitration provision will be interpreted and enforced in accordance with the International Arbitration Act and International arbitration law. Any arbitration will be held in a reasonably convenient location or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Service as a court would. Any arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

    Costs of Arbitration

    Upon filing of the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, we will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration. However, for claims under $5,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

    Class Action Waiver and Jury Waiver

    You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you nor any other customer can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

    Miscellaneous

    You agree that the International Arbitration Act, applicable federal law, and the laws of Ghana, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us or the Sponsor. To the extent any dispute between us is allowed to proceed in court notwithstanding the arbitration agreement in these Terms of Service, you consent to exclusive jurisdiction in the courts located in Ghana. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. We may assign these Terms of Service or any of our rights or duties under them at our sole discretion. Headings are for convenience only and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Any provision that must survive to give proper effect to its intent (such as limitations on liability, disclaimers, representations, and warranties) will survive the expiration or termination of these Terms of Service. We reserve the right to make changes to the Website, Policies, and these Terms of Service at any time. If we make changes to these Terms of Service, we will post a notice of the changes. If you do not agree to any changes, you should terminate your account and stop using the Website. Your continued use of the Website following any changes to the Terms of Service constitutes your acceptance of the updated Terms of Service. These Terms of Service, the Policies, and all updates and amendments, collectively, constitute the entire agreement between us and you with respect to your use of the Website, and your purchase of entries through the Website.

    Contact Information

    If you have any questions about these Terms of Service, please contact us at:

    Mayekoo Ghana Ltd. No. 3 Legon Bypass, North Dzorwulu, Accra, Ghana GA-195-7795 Email: hello@mayekoo.com