Giving Network terms

The basics

By using the SeamPay Giving Network (“Giving Network”), you agree to these terms and conditions (“Terms”). In these Terms, we use the terms “SeamPay” or “we” to refer to Seamless Financial, Inc. These Terms govern your use of the Giving Network as a donor or fundraiser, as described below, and supplement the SeamPay User Agreement which governs your use of your SeamPay account and the SeamPay services.

By using the Giving Network, you agree to comply with all the terms and conditions in these Terms and all other terms and policies linked or otherwise referenced in these Terms, all of which are incorporated by reference into these Terms. We may terminate, cancel, suspend, amend, or otherwise modify these Terms at any time consistent with the User Agreement, subject to applicable law. By continuing to use the Giving Network after any changes to these Terms become effective, you agree to abide and be bound by those changes.

Giving Network Description, Uses, and Compliance with these Terms

The Giving Network is a service offered by SeamPay as a platform to you (“Fundraiser Creator”) to create a fundraiser on the Giving Network to raise money for yourself or for others in need (“Fundraiser”), and for contributors to a Fundraiser (“Donors”) to contribute funds (“Donations”) to a Fundraiser. All Fundraisers must comply with these Terms. SeamPay reserves the right to remove or restrict the creation or publication of any Fundraiser that does not comply with these Terms.

We recommend that you print a copy of these terms for future reference.

Creating a Giving Network Fundraiser

When you create a Fundraiser for yourself, your friends, family, business or charity you run yourself, we call that a “Personal Fundraiser”. You may create one Personal Fundraiser at a time. The maximum amount that may be collected on a Personal Fundraiser is 100,000 NGN. . You must have verified your identity with SeamPay and your SeamPay account must be in good standing to create any Giving Network Fundraiser. Your account with SeamPay must remain in good standing throughout the entirety of the Fundraiser. Fundraisers may only last up to 30 days.

Fundraiser Creators shall accurately and honestly describe what the Donations will be used for, and the Fundraiser Creator must use the Donation for the purpose(s) stated in the Fundraiser. The Fundraiser Creator is solely responsible for any false, inaccurate, or misleading Fundraiser or Fundraiser Content (defined below), and for any misuse of Donations.

For Personal Giving Network Fundraisers

If you collect Donations on behalf of someone else other than yourself, you agree to deliver all of the Donations to the ultimate beneficiary as soon as possible. You agree to provide us with any information we may request and that we deem necessary to verify your compliance with these Terms, including information and/or documentation that proves you have the authority to collect Donations on behalf of a beneficiary and how the Donations will be transferred to the beneficiary.

SeamPay disclaims all liability and responsibility for the outcome or success of a Fundraiser. Fundraiser Creators accept the risk and accept that the Fundraiser may not be successful or that the Fundraiser may experience changes, delays, or unforeseen challenges. SeamPay does not guarantee or represent that Donations will be used as described in the Fundraiser or that the Fundraiser will achieve its goals.

Public Display of your Fundraiser; Public Donation Information

The use of the Giving Network, including use of Fundraiser Content, is subject to SeamPay’s Privacy Policy.

When the Fundraiser you create is published, your name, SeamPay profile photo, and the total amount you have collected will be publicly displayed on the Fundraiser, in addition to any other images, video, and/or information that you add when creating or modifying your Fundraiser.

We will include and display your Fundraiser on the Giving Network which shall allow others to search for Fundraisers by category, keywords, etc. The Fundraiser and all its contents will be publicly available until it is removed from the Giving Network.

After the Fundraiser expires, the Fundraiser will automatically be removed from the Giving Network; the Fundraiser will still be viewable from its unique link, but the donate button will be disabled without the ability to reactivate.

In addition, unless a Donor chooses to be anonymous, a Donor’s name, donation amount, and picture will be publicly displayed on the Giving Network Fundraiser.

Even if a Donor elects to be publicly anonymous, the Fundraiser Creator will see a Donor’s details.

Unless a Donor elects to be anonymous when donating to a Fundraiser for Charity, the Donor’s name, donation amount, and picture will be publicly displayed on the Giving Network Fundraiser, and the Donor’s name, email and donation amount will be shared with the recommended charity.

Giving Network Fundraiser Content Standards

In addition to the Prohibited Activities and Activities Requiring Approval in the SeamPay Acceptable Use Policy, you may not post any content within the Fundraiser (“Fundraiser Content”) that:

- is false, misleading, deceiving, inaccurate, or dishonest;
- is defamatory or invasive of another person's right of privacy or right of publicity;
- is harmful, obscene, harassing, objectionable, violent, or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication;
- incites hatred of animals or of individuals or groups based on race, ethnic origin, religion, nationality, disability, gender, age, veteran status, sexual orientation, or gender identity;
- infringes intellectual property or other proprietary rights of any party, or is not authorised, such as content that you did not create or do not have the permission to use;
- creates a privacy or security risk to any person or exposes others to harm;
- constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities or sales;
- is spam, chain letters, or pyramid schemes;
- promotes a chance to win through a contest, lottery sweepstakes, raffle, or giveaways;
- for Fundraisers for Charity, restricts how the recommended charity may use the funds;
- violates any laws;
- includes a link to another website;
- or in SeamPay’s sole discretion, is objectionable or exposes others to harm or liability;

If you create a Fundraiser to support others in need, please be respectful of their privacy. You need to ensure that intended beneficiaries consent to their name being used, their photo or likeness being displayed, etc.

License Grant and Legal Rights in Fundraiser Content

Fundraiser Content remains the property of the Fundraiser Creator. The Fundraiser Creator hereby grants to SeamPay and its affiliated companies and users a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, and irrevocable license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others, and otherwise use your Fundraiser Content, and associated intellectual property and publicity rights, in connection with the operation of the Giving Network or the promotion, advertising, or marketing thereof, in any form, medium or technology now known or later developed.

As a Fundraiser Creator, you further represent and warrant that: (1) you have all the licenses, rights, consents, and permissions in your Fundraiser Content necessary to make this license and grant, and (2) Fundraiser Content is accurate and does not and will not infringe any third party’s intellectual property right, proprietary right, privacy right, confidentiality, right of publicity, or otherwise violate these Terms or applicable law.

Donations Collected through a Giving Network Fundraiser

Personal or Business Fundraisers: Personal or Business Fundraiser Donations will be held in a separate balance within your SeamPay account. This balance is not a separate account, nor is it a bank account, collective investment, investment or savings account. You will not earn interest on Donations. Donations in this separate short-term balance must be transferred to your payment account with SeamPay before use, transfer, or withdrawal for the stated purpose of your Fundraiser only. Fundraisers are intended for short-term use. They are not meant to be used for long-term or indefinite holding of funds. The use, transfer, and withdrawal of Donations from your SeamPay account are governed by the SeamPay User Agreement.

Prohibited Uses

You may not use the Giving Network for the explicit or implicit purpose of or involving:

- any activity or purpose that violates any laws;
- any activity prohibited or restricted by SeamPay's Acceptable Use Policy or that SeamPay deems in its sole discretion to be objectionable;
- any attempt to collect Donations for activities, individuals, entities, or countries embargoed or blocked by any government;
- any attempt to collect Donations for a minor without the permission of the minor’s guardian;
- a political campaign or otherwise for the benefit of a political party, political figure, or candidate for office;
- supporting or encouraging criminal activity or violence, including human trafficking or exploitation;
- the sale of goods or services;
- marketing or promotional purposes;
- activities generally performed by law enforcement;
- securities, investment opportunities, debt or equity, revenue sharing, annuities, investments, loans, etc.

You may not:

- support individuals associated with alleged financial crimes including corruption, bribery, tax evasion, fraud, or other similar activities;
- seek or accept any compensation in relation to your Fundraiser;
- accept any Donation that you know or suspect to be erroneous, suspicious, or fraudulent;
- publish or use content or information that violates the Fundraiser Content Standards (see above);
- offer any incentive, return, interest, benefit, “rewards”, or “perks” in return for a contribution to your Fundraiser;
- falsely assert, suggest, or imply that contributions to the Fundraiser are tax deductible;
- post private, confidential, or proprietary data or information about a third party, without the express consent of that third party;
- engage in any other activity that is prohibited by the SeamPay User Agreement, including the Acceptable Use Policy, or that SeamPay deems in its sole discretion to be objectionable.

Your Rights and Obligations as a Donor to or Beneficiary of a Giving Network Fundraiser

All Donations to a Fundraiser are done at the Donor’s own risk and SeamPay bears no liability whatsoever in this regard. It is the Donor’s responsibility to understand how the Donation will be used and by whom. The Fundraiser category is provided as a convenience and not a guarantee. Donors cannot rely on SeamPay to determine whether any Fundraiser category or Fundraiser Content may be inaccurate. If Personal or Business Fundraiser Donations are not used for the stated purpose, the Donor’s only recourse is against Fundraiser Creator. SeamPay is not obliged to monitor whether the use of the Donations is in accordance with the stated use. SeamPay has no liability whatsoever to any beneficiary of the Fundraiser.

Actions which SeamPay May Take

SeamPay may remove a Fundraiser and its contents at any time.

If we have reasons to believe that you have engaged in any activities which violate these Terms, the SeamPay User Agreement, or SeamPay’s Acceptable Use Policy, we may not only remove your Fundraiser, but also hold the Donations in your SeamPay account, or limit, suspend, or close any and all SeamPay services.

SeamPay’s additional rights are set out in section “Actions We May Take if You Engage in Any Restricted Activity” of the SeamPay User Agreement.

Fees

For Personal or Business Fundraisers the applicable Donation or Charity Transaction rates and all other applicable fees will apply.

Refunds

All Donations are final and will not be refunded. Donor may contact the Fundraiser Creator directly to request a refund. SeamPay has no obligation to participate or become involved in any dispute between Donor and Fundraiser Creator regarding any refund.

Your Use of Donations

You own the money in your account with SeamPay. However, you may not use Donations for purposes other than the stated purpose of your Fundraiser listed on the Giving Network.

SeamPay is under no obligation to monitor the use of the Personal or Business Fundraiser Donations assumes no liability whatsoever if the Donations are not used in accordance with the stated purposes of the Fundraiser. SeamPay is not liable for, and assumes no rights, title interests in, or obligations related to the Donations, which are personal payments received by the Fundraiser Creator from Donors. Any disputes with Donors in relation to the Fundraiser or use of the Donations are the responsibility of the Fundraiser Creator and no right, title, or interest arises in the Donations by the Donors who make the personal payment at their own risk.

However, if you believe a Fundraiser beneficiary or Fundraiser Creator is not using the Donations for the stated purpose, you can use the “report” button on the Fundraiser to alert us to the potential issue for further review.

Termination

You shall be bound by these Terms when you accept them by following the instructions on the Giving Network website or mobile application. Thereafter, these Terms will continue until terminated by either of us. If you breach these Terms at any time, we reserve the right to terminate, suspend, or take any other action related to your account with SeamPay and we may suspend your access to or remove your Fundraiser from the Giving Network in our sole discretion. After termination of these Terms, we will exercise reasonable efforts to promptly remove your Fundraiser from the Giving Network.

In the event the Giving Network is terminated, we will maintain existing Giving Network Fundraisers until they expire or are removed.