This agreement ("Agreement") is a contract between you and Ganji Payments Limited, the owners of The Fundraising App. By visiting or using any Ganji website or application, you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms") and the current Privacy Policy available at Ganji incorporated herein by reference.
This Agreement is void where prohibited by law, and the right to access the Ganji applications is revoked in such jurisdictions.
PLEASE READ THIS AGREEMENT CAREFULLY. If you do not agree to (or cannot comply with) the Terms and Conditions set forth below, please exit this application immediately.
Eligibility
You must be at least Eighteen (18) years of age to use Ganji Fundraiser Services. By providing information to Ganji through the account registration page you represent to Ganji that you are 18 years of age or older.
You must have an internet-enabled cell phone or device in order to access the Ganji Fundraiser Services. Normal carrier charges and taxes may apply to any content you obtain from Ganji. Ganji Payments Limited is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Ganji services.
Text Message Communications: You expressly agree that, as part of the service provided by Ganji, you may receive communications from Ganji by text message (SMS) and mobile app notifications, including our promotional newsletters from time to time. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number to:support@ganjipayments.com, you may not opt out of service-related text messages.
Email Communications you also agree to receive promotional and account related email communications from Ganji. You may unsubscribe from promotional email communications by emailing: support@ganjipayments.com
Registration and Security
As a condition to using certain Services, you may be required to register and provide personal information such as your name and wireless device number to Ganji ("Personal Information"), as well as select a password and username. You shall provide Ganji with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Ganji Payments Limited will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the service.
You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization. Ganji reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your Ganji password.
You hereby expressly consent and authorize Ganji to disclose any Transaction data or information pertaining to your GANJI Account to any law enforcement, investigative or regulatory authority including without limitation the Kenya Police, Central Bank of Kenya, Kenya Anti-Corruption Commission, Kenya Revenue Authority or any competent Anti-Money Laundering authority for the purposes of any genuine enquiry or investigation or to any third party to which you have separately, either in writing or electronically through the GANJI System or otherwise, authorised Ganji to disclose Transaction data or information pertaining to you or your usage of Ganji Products and Services, including your GANJI account provided that any consent given to Ganji to disclose information to any third party (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
Usage
One can register for any number of Fundraisers.
The administrator sends invites to the members, when a member accepts the invite it is assumed to mean that they are willing participants is the said fundraiser.
The cost of sending the invites rest on the administrator.
The Administrator determines whether members can view amounts or not.
Once Target date reaches, the fundraiser should be closed. Administrator will receive notifications to close.Funds can be exited through Ganji, Mpesa or Bank. Any amounts above 140,000 will be exited through bank account.
The maximum amount that can be held at any given time on the wallet is KES. 500,000 after which the funds will be swept to nominated account.
A fee of 4.5% will be levied on amount raised and will be deducted upon exiting the funds.
Acceptable Use of Ganji
By downloading and/or using the Ganji services, you agree that Ganji Payments Limited grants you a non-exclusive, non-transferable, revocable right to use the services on your compatible device for your own personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the services. For example, you may not copy or distribute the services in any manner not expressly authorized by the Service. If you want to make commercial use of the Ganji services, you must enter into an agreement with Ganji Payments Limited to do so in advance. Please contact us for more information.
The Application is protected by copyright as a collective work and/or compilation, pursuant to Republic of Kenya copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Subscriber Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
You agree that you will NOT use the Ganji Services to:
- harass or advocate harassment of another person;
- collect or store personal data about other people , or disclose another user's personal information to any third party, including other users;
- impersonate any person, including an Ganji employee or agent;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type (spamming), or otherwise act in a manner that negatively affects other people's ability to use the Site;
- harm minors in any way;
- "bot, "hack, "crack," or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Application or any Ganji services; and/or
- interfere with or disrupt Ganji's service, hardware, or telecommunications equipment.
User Content and Submissions
You understand and agree that Ganji Payments Limited. may review and delete any content, messages, photos, profiles, audio, video, works of authorship, or any other materials (collectively, "Content") at any time for any reason, including but not limited to, Content that in the sole judgment of Ganji Payments Limited violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
Content Issues and Feedback
During your use of the Application or Application Content you may be exposed to User Content that you deem offensive, inaccurate, indecent, or otherwise objectionable. You agree that Ganji Payments Limited. is not liable for any User Content, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any User Content. Ganji Payments Limited does not pre-screen User Content, but has the right to remove any User Content that violates these Terms of Service, as it may determine in its sole discretion. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to access the service.
Ganji Payments Limited does not control Content made available by users, and does not guarantee the accuracy, integrity, or quality of such Content. Ganji Payments Limited shall not be liable for any loss or damage of any kind incurred as a result of the use, uploading, or otherwise making available of any Content on the service. You agree that you bear all risk associated with the use of any Content, including reliance on the accuracy, usefulness, or completeness of any Content.
If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.
You may submit reviews or other feedback via email on or In app Chat.
Any comments, suggestions, or feedback relating to the Application or the Services (collectively "Feedback") submitted to Ganji shall become the property of Ganji Payments Limited or its designee. Ganji Payments Limited will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Application, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Application, Site, Services, or operations. Without limitation, Ganji Payments Limited will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Ganji Payments Limited., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Customer Support. Please direct any questions concerning the Service or any other Ganji-related issue to an Ganji customer service representative by In app Chat or e-mail at: support@ganjipayments.com.
Termination
Termination. Ganji Payments Limited reserves the right, at its sole discretion, to terminate your permission to access and use your Ganji account and/or the Ganji services for any reason at any time without notice, including in the event that Ganji Payments Limited reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that Ganji Payments Limited shall have no liability or responsibility to you for termination or suspension of your access or use. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Third Party Content in the Ganji Application
Links and Advertisements. The Ganji services may contain links to and advertisements for products and / or websites operated by third parties. While we endeavor to associate only with reputable sites and groups, Ganji Payments Limited cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these organizations / other sites. Your business dealings with any third-party advertisers through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that Ganji Payments Limited and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those groups / sites directly if you have any concerns about their availability, content or practices.
Ganji Promotions. From time to time Ganji Payments Limited may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any Ganji promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither Ganji Payments Limited nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.
Member Disputes
You are solely responsible for your interactions with other Ganji Members. Ganji Payments Limited reserves the right, but has no obligation, to monitor disputes between you and other Members.
Ganji Proprietary Rights
General. Your use of the service is under license; you will not obtain any ownership interest in any of the services through this Agreement or otherwise. All content in the services such as the text, graphics, logos, button icons, images, data compilations, and software, is the property of Ganji Payments Limited or its content suppliers and protected copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of Ganji and protected by copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.
Trademark Information. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Ganji services are the property of Ganji Payments Limited and/or its affiliates, licensors and/or licensees. Without Ganji Payments Limited's prior permission, you agree not to display or use in any manner the Ganji marks.
General Terms
Applicable Law. These Terms of Service and your use of the services will be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflicts of law principles. You expressly consent that the state, shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving Ganji Payments Limited or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.
Severability of Terms. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.
Entire Agreement. These Terms, which incorporate by reference the Ganji Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Service or any part hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Ganji Payments Limited. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
Assignment of Terms. These Terms may not be assigned by any user of Ganji. These Terms may be assigned by Ganji Payments Limited and shall inure to the benefit of Ganji Payments Limited, its successors and assigns.
No Right of Survivorship or Transferability. You agree that your Ganji account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Ganji's Remedies. You agree that any unauthorized use of the Ganji services, would result in irreparable injury to Ganji Payments Limited and/or its affiliates or licensors for which money damages would be inadequate. In such event Ganji Payments Limited, its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that Ganji Payments Limited, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement.
Indemnity. By using the Ganji services, you agree to indemnify and hold Ganji Payments Limited, its affiliates, employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the services, your violation of these Terms, or your violation of any rights of another party.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of warranties: By using the Ganji services you expressly understand and agree that: the Ganji services, and all materials, applications, information, products and services included in the Ganji services are provided "as is" with no warranties by Ganji Payments Limited, or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "Ganji entities"). Ganji and the Ganji entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Ganji Payments Limited and the Ganji Payments Limited entities disclaim any warranties that the Ganji services will meet your requirements, or that your access to the same will be uninterrupted or error-free. Ganji Payments Limited and/or the Ganji Payments Limited entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Ganji services, with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the Ganji services. Ganji Payments Limited disclaims any responsibility for the deletion or failure to store any content.
You understand and agree that you download or otherwise obtain material or data through the use of the Ganji services at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data. You will not hold Ganji Payments Limited and/or the Ganji Payments Limited entities responsible for any damages that result from you using the Ganji services including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer downloads that may result from that use.
No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to Ganji Payments Limited entity as applicable. Ganji Payments Limited entity disclaims any warranties for services or goods received through or advertised on the Ganji services or received through any links provided by the Ganji services.
The Ganji services may contain links to third-party websites or services that are not owned or controlled by Ganji Payments Limited. Ganji Payments Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, Ganji Payments Limited will not and cannot censor or edit the content of any third-party website or service. By using the Ganji services, You expressly relieve Ganji Payments Limited from any and all liability arising from your use of any third-party website or services. GANJI PAYMENTS LIMITED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GANJI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Ganji Payments Limited does not endorse any User Submission or the views, opinions, recommendations or advice expressed via the Ganji services. Ganji Payments Limited is not responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source. Ganji is not obligated to review the User Submissions for any reason. You may be exposed to User Submissions that are inaccurate, offensive, indecent, objectionable, infringing, and you hereby agree to waive any legal rights and remedies you may have against Ganji.
The Ganji services are controlled from Ganji Payments Limited's facilities in Kenya. Ganji Payments Limited makes no representations that the Ganji services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Limitation of liability under no circumstances, shall Ganji Payments Limited entity as applicable, be liable for any unauthorized use of the Ganji services.
Under no circumstances, including, but not limited to, negligence, shall Ganji Payments Limited be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use of, reliance on, or the inability to use Ganji services, or from the interruption, non-performance, suspension, or termination of the Ganji services (including such damages incurred by third parties), even if Ganji Payments Limited has been advised of the possibility of such damages.
Without limiting the foregoing, Ganji Payments Limited or its licensors shall not be liable for any delay, interference or failure in performance resulting directly or indirectly from acts or conditions beyond its reasonable control, including without limitation, fire or other casualty or accident, internet failures, telephone equipment failures, acts of god, severe weather conditions, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.
Procedures for Claims of Copyright Infringement
Ganji Payments Limited respects the intellectual property rights of others. Ganji Payments Limited may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been used in a way that constitutes copyright infringement, please send notice to Ganji Payments Limited, including the following information
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed; -
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices can be sent to Ganji to:
OR
GANJI PAYMENTS LIMITED of Post Office Box Number 50633-00100, Nairobi, Kenya
Change in Terms and Conditions and Ganji Services
Ganji Payments Limited may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to not use the Ganji services.
Last Updated: Jan 25, 2019