Our Terms and Conditions

Date of Last Revision: November 2020

Subject to these Terms of Service, as modified periodically ("Terms of Service"), WILLING Joint-stock Company provides the fundahope platform to you through its website at www.fundahope.com (the "fundahope") and related services (collectively, the fundahope Platform, including any new features and applications, the "fundahope Services"). If you are a campaign organizer (as defined below), beneficiary of a campaign, or donor (collectively referred to herein as a "User") located anywhere in the world, you are contracting with Willing Joint-stock company, (Mar Moussa main road, El Metn, Lebanon). For the purposes of the following Terms of Service, "fundahope", "we", "us", "our" and other similar terms, shall refer to the party with whom you are contracting.

MEDIATION, ARBITRATION, JURY TRIAL, ANY COURT ACTION AND CLASS ACTION WAIVER: BY USING THE FUNDAHOPE SERVICES, YOU AGREE THAT DISPUTES BETWEEN THE USER AND WILLING JOINT-STOCK COMPANY WILL BE RESOLVED BY MEDIATION AND/OR BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR ANY COURT ACTION, OR TO PARTICIPATE IN A CLASS ACTION EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW. REVIEW THE DISPUTES SECTION BELOW CAUTIOUSLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to amend elements of our Terms of Service on any occasions. When we modify the Terms of Service, we will post the revised version on this page and as well as the date.

Your unceasing use of the Services any changes of the Terms of Services equates to your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using the Services, you will be subject to additional applicable policies including without limitation, our Privacy Policy, without prejudice to the data protection legislation in force in the European economic area and Switzerland (“Europe”) when applicable. All such guidelines or rules are hereby incorporated by reference into these Terms of Service (provided, however, that these Terms of Service take precedence in the event of a dispute). We shall resolve any such disputes at our sole discretion and all our decisions are final and binding.

ACCESS AND USE OF THE SERVICES

Fundahope Services Description: The fundahope Services are accessible through a platform to allow an individual, entity or organization (the "Campaign Organizer") to post a fundraising campaign ("Campaign") to the fundahope Platform to accept monetary donations ("Donations") from donors ("Donors") and/or to enable a Permanent Fundraiser (“Permanent Fundraiser”), to accept Recurrent Donations (“Recurrent Donations”) or One-time Donations (“One-time Donations”) from Donors for charitable or other decent purposes.

Payment Processor: fundahope uses third-party payment processing partners to process Donations for a Campaign ("Payment Processor"). You recognize and agree that fundahope is not a payment processor and does not hold any funds and that the use of Payment Processors is fundamental to our Services and that we exchange information with Payment Processors for the purpose of facilitating the provision of Services. 

Services Fees: Although there are no fees to set up a Campaign, industry-standard payment processor fees (from now on, and on the website referred to as "Payment Processor Fees") as well as Platform Fees (from now on, and on the website referred to as “Platform Fee”) apply as a percentage of donations as detailed below.

Payment Processor Fees:  Payment Processor Fees for fundahope Platform are applicable as follows: for Donations coming from Lebanese cards: 0.5$ + 2.5% of each transaction, for Donations coming from international cards 0.5$ + 4.5% of each transaction. Payment Processor fees are automatically deducted by the Payment Processor from each Donation processed by the latter through the Platform.

Platform Fees: Platform Fees are currently fixed at 5% of each Donation received and automatically deducted from each Donation.

The Services are platforms: We provide solely administrative platforms. Through the administrative platforms, we can facilitate the organization of the Campaign for the Campaign Organizers and permit Donors to make donations to these Campaign Organizers. Fundahope is not a broker, agent, financial institution, creditor or a non-profit organization.

All content posted on the Platform relating to the Services is merely for informational purposes. Fundahope does not guarantee that the content is accurate or complete. Our platform does not provide any financial, legal, tax or other professional advice. You should consult your financial, legal, tax or other professional advisor as appropriate before making any decisions regarding any Campaigns, Donations, Recurrent Donations, Donors or any information or content relating to the Services. You acknowledge that all information and content accessed by you using the Services is at your own risk.

Fundahope 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 Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, 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 Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign or event.

No Solicitation: The fundahope Platform is presented to help Campaign Organizers raise money. Fundahope simply provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by fundahope, and fundahope does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organization. By using the Services, you understand and agree that fundahope shall not be responsible for the use of your Donations or the amount of funds raised for the User, Campaign or event.

Campaign(s): A Campaign is a temporary fundraiser, launched by a Campaign Organizer who aims to raise a monetary goal for a specific cause within a certain period. A Campaign must first be requested through our Platform; fundahope team will review the campaign(s)’ request within a reasonable period and provide you with an approval or denial. Should the Campaign be approved by fundahope, the Campaign will be posted on the Platform; the Campaign Organizer will be able to receive Donations through such Campaign and share the Campaign through Social Media Platforms. Should the campaign be refused by fundahope and not posted on the Platform, no right or indemnity whatsoever shall be due to the user.

Campaign Organizer: You, as a Campaign Organizer agree and guarantee that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) you are raising funds for a cause or activity that is legal, licit and legitimate under all relevant laws, regulations, public order and social morality; (iii) all Donations contributed to your Campaign will be used exclusively as described in the information and content that you post or otherwise provide; (iv) if you withdraw donations believed by reasonable 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; (v) if you add a Beneficiary through the Services, you abandon control of the Donations; (vi) you will not infringe the rights of others; (vii) you will comply with all relevant laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions and asset disclosures for your project; and (viii) 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 relevant law, to provide us with such personal data and allow us to use such personal data and disclose it for the purposes for which you shared it with us. You authorize fundahope, and fundahope reserves the right to provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

If you are an agent of an entity using the Services to raise funds for such entity, you agree and guarantee that: (a) you are a representative of the entity and you are authorized by such representation to raise funds or bind the entity to these Terms of Service; (b) you are raising funds for an entity, with a cause or activity that is legal, licit and legitimate under all relevant laws, regulations, public order and social morality; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose; (d) your entity is and will execute all its fiscal or other obligations under relevant law.

Your Registration Obligations: You are most likely required to register with fundahope in order to access and use certain features of our Services. Should you decide to register, you agree to provide correct, precise, up-to-date and thorough information and/or documents about yourself as required by our registration form. You also agree that you must update this information as necessary. The information we collect, and the use of such information is detailed in our Privacy Policy.

When you register for our Services or open an account, you are under the obligation to register using your real identity and provide us with your name, phone number, email address and any other information you choose to provide us with (such as a profile picture). You are also allowed to enable or log in to the Services via various other network services such as Facebook, Google and Apple accounts.  

 

Creating a Campaign requirements: Once registered, you agree to provide correct, precise, up-to-date and thorough the following information and/or documents about yourself as required by our Platform in order to create a Campaign. You also agree that you must update this information as necessary. The information we collect, and the use of such information is detailed in our Privacy Policy

 

A.    Campaign Organizers who are raising money for their individual cause or for a beneficiary’s cause, are under the obligation to create the campaign using their real identities and to attach a copy of a proof of their identity (i.e. ID card, passport, etc.) as prompted by our “Create a Campaign” form, and must provide and complete all requested information including their name, physical address, email address, phone number, beneficiary’s name, employment (if any) and bank account information, in addition to any image or video aiming to represent the Campaign Organizer or the Beneficiary. You agree to keep registration details updated. You also agree that you might be contacted by the Platform’s representatives and requested to provide additional information/documents relating to the Campaign you are creating.

B.     Additionally, Campaign Organizers who are using the Services on behalf of an entity, to raise funds for such entity, are under the obligation to provide us with the entities’ registered or recognized name, and to attach a copy of the entity’s registration certificate (Commercial circular for a Company; notice of recognition for an non-governmental organization) verifying that such entity is duly registered and/or recognized under the relevant laws and regulations in Lebanon. You agree that you might be contacted by the Platform’s representatives and requested to provide additional information/documents relating to the entity you represent and/or to the Campaign you are creating, including but not limited to, its registration certificate, its financial registration certificate and its financial reports. You also agree to keep registration details up to date, notifying fundahope of any change in the management, the structure and/or the legal situation of the entity you represent, as soon as the changes occur, and in general, of any change of information as provided originally or any event that might affect in any way the performance of the Services and/or the reputation of the Platform.

C.     Campaign organizers must have a valid bank account (at least) in any of the authorized banks in Lebanon and agree to provide and maintain correct, precise, current and thorough information relating to their bank account as prompted by our registration form, such as bank account name, bank name, bank address, IBAN number, swift and account’s currency. THE BANK ACCOUNT MUST BE IN THE NAME OF THE CAMPAIGN ORGANIZER WHETHER THE LATTER WAS A PHYSICAL PERSON OR AN ENTITY. 

Registration data you have provided to us and certain other details collected about you are regulated by these Terms of Service and our Privacy Policy. You are not authorized to use the Services if you are under 16 years old, with or without registering. You may use the Services, with or without registering, only with the approval of your parent or guardian if you are under the age of majority in your jurisdiction (typically 18 or 21 years of age). If you use our Services you may also be required to register with, and agree to the terms of, third-party service providers (i.e., Payment Processors), with whom fundahope has entered into contracts. Our Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you if Fundahope or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service. You acknowledge and agree that the use of third-party Payment Processors is essential to the Services we provide and that we exchange information with such third parties in order to simplify the provision of our Services as explained in our Privacy Policy.

Permanent Fundraisers: The Fundahope Services include the features and services of Permanent Fundraising described here. This feature allows an individual, entity or organization (the "Permanent Fundraiser") to post a permanent fundraising campaign/page (the “Permanent Fundraising”) and raise Donations for a permanent individual need or for the permanent activity of an entity. Donations raised under this feature can be either Recurrent Donations (subject to the “Recurring Donations” terms set forth below), or a one-time donation (subject to the “Donations” terms set forth below). All donations raised under this feature are subject to the same Services Fees set forth herein (including Payment Processor Fees and Platform Fees) for each donation. Permanent Fundraisers are also subject to the same Registration Obligations applicable to Campaign Organizers and agree to the same applicable terms. Permanent Fundraisers also agree that fundahope does not withhold funds for tax purposes or otherwise. Permanent Fundraisers, whether individuals or entities, will be solely responsible for taxes based on applicable international, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any). The Permanent Fundraiser is a type of Campaign Organizers and all obligations set forth in these Terms for Campaign Organizers shall be applicable to Permanent Fundraisers as well.

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. Fundahope is not liable for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with relevant laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously (subject to our Fraud Policy below). Therefore, if you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please click the "Report Fundraiser" link on the Campaign to alert our team of this potential issue and we will investigate. If you are a donor, you may be entitled to a refund according to our Refund Policy set forth below.

A.    As a Donor you are advised consult a 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, notably in Lebanon. fundahope is not liable as to whether all or any part of your Donations, including any Payment Processor Fees, are tax deductible or eligible for tax credits. fundahope will have no liability for any claim by any local, foreigner or any further tax authority related to any applicable tax return of any Donation by you, any User or any Charity.

B.     Donors shall provide fundahope with such information as is required to enable the issuing of an official Donation receipt. As a Donor, you acknowledge and agree that, in accordance with the Privacy Policy, some of your personal information will be shared with the NGO in which you make a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such NGO in accordance with the NGO’s Privacy Policy. fundahope is not responsible and shall not be liable for any NGO’s use of any Donor information.

Donor Conduct:

Donations: In order to donate (either to a Campaign or to a Permanent Fundraiser), a Donor will be required to provide fundahope with information concerning their Payment Method ("Payment Method") that is linked to the Donor’s account on the Platform (a "Billing Account"). You, as a Donor, represent and guarantee fundahope that such information is correct and that you have full authority to use the relevant Payment Method. You agree that in certain conditions a minimum Donation amount may apply, and that all Donations are conclusive and that you will not be refunded unless fundahope, at its sole discretion, agrees to issue a refund under the Refund Policy detailed below. You acknowledge that fundahope uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and that by making a Donation, you agree to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all relevant terms set forth by our payment partners.  

Recurring Donations: Donors may have the choice to make a recurrent Donations (your agreement to make the Donations on a recurring basis, a "Recurring Donations" and each individual Donation made in connection with a Recurring Donation , a "Donation Instalment"), and in choosing to donate on a recurring basis, you, as a Donor hereby acknowledge and agree that Recurring Donations are renewed automatically and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Recurring Donations, which can be done through our Platform, any Recurring Donations you have agreed to will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Recurring Donations, you (i) hereby authorize fundahope to charge your Payment Method the amount of the applicable Donation Instalments in advance on a recurrent basis until you terminate such recurrent payments by opting out of the Recurring Donations option, (ii) accept responsibility for payment of all Donation Instalments that take place before opting out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Method, such as a change in your billing address or credit card expiry date). Once fundahope receives notice of the change or the termination of Recurring Donations and/or Donations Installments, then said changes or terminations will take place. Fundahope does not provide refunds of any amounts received in connection with previously made Donation Instalments. Additionally, by enrolling in any Recurring Donations, you acknowledge and agree for any and all such Recurring Donations, that (a) the ongoing maintenance and operation of Recurring Donations and each Donation Instalment are the sole responsibility of, and at the sole discretion of, the individual or entity responsible for managing and receiving the Recurring Donation(e.g. the applicable Campaign Organizer or Permanent Fundraiser), (b) individual Donation Instalments may not be tax deductible, even if previous Donation Instalments for the same Recurring Donation were, and the amount of each Donation Instalment that is tax deductible may vary, (c) one or more specific Donation Instalment may not be delivered to or received by the appropriate cause, Permanent Fundraiser or Campaign if such cause, Permanent Fundraising or Campaign becomes unavailable, unable to accept Donations or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, Permanent Fundraiser or Campaign becomes subject to an investigation or is suspended or removed from the Services by fundahope or (d) the amounts actually received by the applicable Campaign, Permanent Fundraiser or cause may differ from one Donation Instalment to the next (e.g. if the Payment Processer fees associated with the Donation Instalment change).

Your non-termination of a Recurring Donation reiterates that fundahope is authorized to charge your Payment Method in accordance with these terms. This does not waive our right to seek payment directly from you.

 

 

 

Campaign Organizers, Beneficiaries or Permanent Fundraisers

Account Holds: Occasionally, fundahope may, when deemed necessary, place a hold on a Campaign account (a "Hold") by restricting Withdrawals (defined below), securing 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 the following: (i) if we suspect (at our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; (ii) if we believe that the funds available (at our sole discretion) should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer); (iii) if we have determined (at our sole discretion) that a Campaign or Campaign Organizer may have possibly violated these Terms of Service; (iv) if fundahope suspects that the Campaign Organizer is planning with donors to engage in fraudulent activity; (v) if we have reasons to believe (at our sole discretion) that there may be suspicious or fraudulent donation activity; or (vi) if required in order to comply with a court order, judgment, writ, injunction, or as otherwise required under relevant laws and regulations. This is a non-exhaustive list of examples as to why we might hold an account.

Withdrawing Donations from a Campaign: While fundahope aims to make Withdrawals available to you swiftly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and fundahope does not guarantee that Withdrawals will be available to you within any period of time.  We expressly disclaim any and all liability for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are liable for ensuring that the information you provide to fundahope in order to process a Withdrawal, including your bank account details, is correct and up to date and you are also liable for Withdrawals Fees as may be determined by the Payment Processor. Fundahope may offer or issue a refund of Donation(s), at any time, for any reason, without notice, and at its sole discretion, with or without consulting you, which may comprise the total amount donated to your campaign. Fundahope is not liable to you or to any third party for any claims, damages, costs, losses or other consequences caused by fundahope issuing refunds, including, but not limited to, transaction or overdraft fees.

Payment Processors

Fundahope uses Payment Processors to process Donations for your Campaign and deliver it to you afterwards. To withdraw funds from a Campaign, a Permanent Fundraiser, a Campaign Organizer or a Beneficiary (“The Withdrawing Entity”), you will be required to provide the Payment Processor with information regarding bank account details. You, as Withdrawing Entity, acknowledge and agree to the Payment Processor and to fundahope that such information is correct and that you are authorized to receive the Donations raised through the Platform by withdrawal to the revealed bank account.

By setting up a Campaign or accepting the role of Beneficiary to a Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors.

Special Notice for International Use; Export Controls

Software (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 in force. 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 in relation to online conduct and acceptable content. 

Ownership of Donor Lists and Data 

A.    With regard to fundahope and NGOs using the fundahope Platform, NGOs may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. If the NGO has an NGO Contact account on the Platform, fundahope shall transfer all Donor Lists and Donor Data to the NGO’s account. 

B.     With regard to fundahope and NGOs using the fundahope Platform and with respect to Donor lists and Donor Data that fundahope has collected exclusively by means of a donation to such NGO, and as  permitted by the Privacy Policy and relevant law, the NGO shall be able to receive the Donor List and Data of Donors who have provided a Donation to this NGO; under the condition that the said NGO grants to fundahope a worldwide, non-exclusive, royalty-free, perpetual license to use Donor Data for the following purposes: (a) to deliver the Services which includes the processing of donations and the administration of accounts; (b) to enforce our agreements; (c) to prevent fraud and ensure safety, security, and compliance with law; (d) to respond to law enforcement requests; (e) for research and analytics purposes; (f) to modify, amend, and improve the Services; and (g) to develop new services. "Donor Data" shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the project and event associated with the Donation.

 

By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section.

 

THE LIST OF DONORS WHO CONTRIBUTE TO AN NGO'S CAMPAIGN OR EVENT CONDUCTED THROUGH THE SERVICES ("DONOR LISTS") ARE PROVIDED "AS IS", AND FUNDAHOPE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION PRESENTED IN THE LIST.

Taxes: It the responsibility as a user of the Withdrawing Entity to determine which taxes, if any, apply to the Donations you receive through your use of the Services. It is exclusively the responsibility of the Withdrawing Entity 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 preserving the confidentiality of your account name and your password and you are fully responsible for every activity that occur under your account. You agree to (a) immediately notify fundahope of any breach of security such as an unauthorized use of your password or account; and (b) at the end of each session, sign out from your account. Fundahope will not be held accountable for any loss or damage arising from your failure to comply with this Section.

Modifications to Services: fundahope reserves the right to amend, interrupt or terminate, temporarily or permanently, the Services (or part of the Services) at any time and for any reason, with or without notice. Fundahope is not liable to you or to any third party for any claims, damages, costs or losses resulting from such a modification.

Content Manifestly Made Public by the User.

Content and Information made Publicly available: Part of your activity of the Services is public, such as content you upload or post on the Platforms or share with other users or recipients (including but not limited to texts, music, information, graphics, comments, photos, videos, trademarks, logos, brands or other materials). Your user profile information, including your name, your public email address, organization, personal biography and other information you enter in connection with your user profile is likely to be displayed to other users to facilitate user interaction within the Services. As a Donor, you will have the option to publicly display your Donation for all to see, including on search engines (such as Google). You will have the option to simply donate as “anonymous” during the Donation process in order to keep the details of your Donation private from the general public. If you choose to provide information using certain public features of the Services, then that information may be publicly available. Individuals with access to this information may use or disclose it to other individuals or entities without our knowledge and without your knowledge. Fundahope encourages you, the User, to think carefully about including any explicit information that you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use and store certain details about you and your use of the Services.

Unsolicited Information: Please be advised that certain unsolicited information you provide, such as information you post in forums or comment sections, may be publicly accessible. Fundahope collects information through customer support contact, such as your ideas for new products or adjustments to existing or any questions, comments, suggestions, ideas, feedback about our Services and/or Platforms (collectively, with publicly-accessible information, "Unsolicited Information"). As a User who has provided us with such Unsolicited Information,   (a) you agree that fundahope is under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that fundahope will be entitled to the unrestricted use and distribution of the Unsolicited Information for whichever purpose, commercial or not, without your acknowledgment, consultation or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the possible and applicable extent, you hereby grant to fundahope a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable 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 Unsolicited Information, and to sub-license the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against Fundahope and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section applies beyond any termination of your account. 

You acknowledge and agree that fundahope may retain  and disclose Unsolicited Information, and/or User Content if required to do so by law or in the good-faith belief that such retention or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) apply our 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 fundahope, its users or the public.

Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties, you acknowledge and agree that you have the authority 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 fundahope to provide the Services. Fundahope reserves the right to identify you as the person who referred in any messages were sent to the third party. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message intended to simplify communications between you and said third party. Furthermore, fundahope may occasionally send reminders or relevant messages to you and to third parties on your behalf where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means of "opting out" of receiving further communications described above.

PROHIBITED CONDUCT

You are solely responsible for complying with all relevant and applicable laws, notably the laws of the Republic of Lebanon, in relation to your Campaign or the use of our Services. All the User Content that you upload, post, publish, display, transmit or otherwise use on our Platforms is solely under your responsibility. You agree to deliver funds to the ultimate beneficiary directly and as soon as possible if you are not the beneficiary of the Campaign which you organize. You agree to fully cooperate with us if fundahope requests, at its sole discretion, for evidence to verify your compliance with these Terms of Service.

The following are examples conduct that is prohibited by fundahope on our Services and/or Platforms. This is list is a non-exhaustive, and we reserve the right to remove any Campaign and/or investigate any User who, at our sole discretion, violates any of the terms or spirit of these Terms of Service.

During our investigations, we may take into consideration various materials including but not limited to social media platforms, related news, and any other information that we deem relevant and necessary for our investigation. We have full authority to ban or disable your use of the Services, delete the offending User Content, suspend or terminate your account, discontinue payments to any such Campaign, freeze or place a hold on Donations and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.

You agree:

  1. not to use our Services in any way to raise with the implicit or explicit purpose of or involving: 
    1. the violation of any law, regulation, 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;

 

    1. funding a ransom, human trafficking or exploitation, bribes or bounty;
    2. pornography or other sexual content;
    3. Offensive, graphic, perverse or sensitive content ;
    4. the sale of items if the seller has no possession of the item yet;
    5.  attempts to by-pass or otherwise circumvent the designated method of payment as provided by fundahope and/or collect the money on behalf of a merchant through the payment processors;
    6. credit repair or debt settlement services;
    7. giving the money away or using it for purposes other than those purposes clearly stated in the Campaign;
    8. publishing content (such as mug shots) aiming to cause or raise concerns of reputational harm;
    9. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
    10. collection of funds owed to third parties, factoring, or other activities intended to obscure the origin of funds;
    11. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
    12. Direct infringement or the facilitation of infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
    13. the sale or resale of brand name or designer products or services without proper authorization;
    14. illegally imported or exported sale of goods or services;
    15. processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
    16. collecting or providing funds for any purpose other than as described in a Campaign description;
    17. any election campaigns that are not run by a registered organization within the Lebanese Territory;
    18.  fraudulent, misleading, inaccurate, dishonest or impossible campaigns
    19. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited or forbidden 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;
    20.  dangerous accessories such as weaponry (knives, firearms, explosives);
    21. annuities, investments, loans, equity or lottery contracts, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing or similar), network marketing and referral marketing programs, debt collection or crypto-currencies and other similar arrangements;
    22.  any activity with an entry fee and a prize that involves gambling and/or gaming, including, but not limited to raffles, casino games, sports betting, animal racing, lottery tickets, auctions and other ventures that facilitate promotions involving monetary rewards, including gift vouchers, or sweepstakes;
    23. Behavior or content that fundahope deems to be or to reflect an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, nationality, religious affiliation and beliefs, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
    24. for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind, financial crimes or crimes of deception;
    25. any other activity that fundahope may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud and activities of a similar nature; or
    26. any other activity that fundahope may deem in its sole discretion to be unacceptable.
  1. not to share, post or upload any User Content on the Platform that (i) infringes intellectual property or other proprietary rights of other parties; (ii) you do not have the full authority to upload due to the law or due to obligations under your contractual or fiduciary relationships; (iii) contains software viruses,  files, computer codes or programs that are designed to disturb, destroy or interrupt the functionality of any computer software or hardware or any other device; (iv) poses or creates a privacy or security risk and/or threat to any person; (v) constitutes unwanted, unauthorized and/or unsolicited advertising such as marketing or promotional materials,  and/or sales, "junk mail", "spam","contests", "sweepstakes" or any other form of solicitation; or (vi) at the sole discretion of fundahope, is inacceptable or which inhibits or limits any other person from using or enjoying the Services, or which may expose fundahope or its users to any harm or liability of any type;
  2. not to disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of said networks;
  3. not to produce, collect or publish personally identifiable information of others;
  4. not to organize a campaign for a minor and raise funds for them unless you have the express permission of the minor’s guardian; this does not apply if the funds are transferred into a trust account for the sole benefit of the minor;
  5. not to use the Services on behalf of a third party without having the express permission of that third party;
  6. not to use another User's account or URL without their express consent, impersonate any person or entity, misrepresent or falsely claim your affiliation with a person or entity, misrepresent a Permanent Fundraiser or Campaign, or post User Content in any inappropriate category or areas on the Services;
  7. not create any liability for fundahope or create a loss (fully or partly) of the services of our Internet Service Provider(s), web hosting company or any other contractor;
  8. not to engage in any conduct that fundahope believes it to be restricting or which inhibits any other user to enjoy the Services;
  9. not to interfere with or disrupt any servers or networks fundahope uses to provide the Services or violate any requirements of the networks fundahope uses to provide the Services;
  10. not to gain unauthorized access to any account, computer system, or network connected to these Services, by any unapproved or illegal means;
  11. not to acquire or attempt to acquire any information not purposefully made available to you through the Services;
  12. not to engage in the promotion or marketing of any product;
  13. not to request messages through the Services in a certain time frame than a human cannot reasonably produce in the same time frame by using a conventional online web browser;
  14. engage in any conduct that is inconsistent with the business or purpose of fundahope; or
  15. attempt to undertake indirectly any of the activities and/or conduct mentioned above.

Additionally, in relation to all Donations you make or receive through fundahope, you agree: 

  1. not to make or accept any Donations that you know or suspect to be fraudulent, suspicious or incorrect;
  2. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by the Lebanese government.
  3. to uphold and preserve reasonable security procedures to protect any information transmitted and obtained through the Services, including but not limited to adhering to any security measures and controls required by fundahope occasionally;
  4. to keep a copy of all electronic and other receipts and/or records related to Campaigns and Donations as necessary for fundahope to verify compliance with these Terms of Service and make such records available to fundahope upon our request.
  5. at fundahope’s request, including without limitation in case of investigations by fundahope, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records and receipt, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

Fundahope reserves the right to suspend, discontinue or refuse any Donations or other transactions that we believe, based on our sole judgement, may violate these Terms of Service or that expose you, fundahope, or others to risks unacceptable to us or harm the interests of our users, business partners, the public, or fundahope. You acknowledge and agree that fundahope, based on their legal obligations, may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency. 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.

Fraud Policy

Fundahope is dedicated to empowering people and to help people and we do this by carefully reviewing each campaign on our platform. An overwhelming majority of campaigns on the site are safe and legitimate. In the rare instance that someone does create a misleading campaign with the intention of taking advantage of others’ generosity, fundahope takes swift action to resolve the issue.

Our policy is simple and strictly enforced: it is not permitted to lie or intentionally deceive donors on Fundahope for financial or personal gain.

 

 

Examples of expressly forbidden fraudulent activity

We rely on the fundahope community to let us know if there is suspicion that a campaign organizer is involved in any of the examples of fraud above or any other examples as determined at our sole discretion. To report a campaign for potential fraud, please click the "Report" link on the Campaign to alert our team of this potential issue and we will investigate. To give us more details about a potential fraud, you can contact us at support@fundahope.com.

Examples that are not considered to be fraudulent activity

Sometimes, there are situations that may raise questions but are not considered examples of fraudulent activity on our platform. These include:

Refund Policy

In the rare case that something isn’t right, our Guarantee ensures that donations and donors are protected to the possible extent.

Protecting your generosity is our top priority. Therefore, you, as Donor, may be eligible for a refund from fundahope in the two following cases exclusively:

-          In the case where the Campaign organizer and/or the beneficiary (if they are not one) decide(s) to stop the campaign before its term, for any reason they deem sufficient.

-          In the case where fundahope, at its sole discretion, decides to hold or terminate a Campaign or a Permanent Fundraiser because of a breach of any of these Terms, a breach of law, a fraud, or any other reason deemed sufficient by the sole discretion of fundahope.

If fundahope determines, in its sole discretion, that any of the mentioned cases has occurred, it may reimburse you full or part of the amount of your donation(s) submitted through the Platform. However, some requirements and restrictions may apply.

  1. You, as a Donor, still own the payment instrument you used to make the Donation at issue and are authorized to accept a funds transfer back onto that payment instrument;
  2. You must not have already filed a chargeback nor received a refund for the same donation.
  3. The Donation at issue was not already withdrawn to the Campaign Organizer.
  4. All resolutions are decided by fundahope in its sole discretion, and all its determinations are final.

 

INTELLECTUAL PROPERTY RIGHTS

Services Content, Software and Trademarks: You acknowledge and agree that the Services of fundahope may contain content, features or materials that are protected by copyright, patent, trademark, trade secret or other intellectual property rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, its content, materials and/or features in whole or in part except as expressly permitted by fundahope, The previous paragraph does not apply to your own User Content that you upload to the Platforms legally. When you use of the Services, you agree that you will not engage in or use any extraction methods including but not limited to data mining, spiders, robots, scraping or similar data gathering. You agree not to implement any measures to circumvent blocking if you are blocked by fundahope from accessing the Services (such as masking your IP address or using a proxy IP address). The technology and software underlying the Services or distributed in connection therewith are the property of fundahope, our affiliates and our partners. 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, sub-license or otherwise transfer any right of our technology and software. Any rights not expressly granted herein are reserved by fundahope.

The fundahope name and logos are trademarks and service marks of fundahope (collectively the "fundahope Trademarks"). Other company, product, and service names and logos used and displayed via our Platforms may also be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Fundahope. 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 fundahope Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Fundahope Trademarks will inure to our exclusive benefit. 

Third-Party Material: fundahope will not be liable under any circumstance for any content or materials of any third parties 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 fundahope does not review and pre-screen User Content, but that fundahope will have the full authority (but not the obligation) at their sole discretion to reject, remove or permit 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 from such action.

User Content Transmitted Through the Services: In relation to the User Content that you post, you acknowledge and agree that you own all the necessary right, title and interest in and to fully exploit such User Content including, all copyrights, trademark rights and rights of publicity or privacy related thereto. By providing User Content or any portion thereof on the Platforms, you hereby grant fundahope and its affiliated companies and users a non-exclusive, universal, royalty-free, fully paid-up, transferable, sub-licensable, continuous, irrevocable license and authorization to use your User Content (such as copy, display, upload, perform, distribute, store, modify etc.) in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. If any User Content contains your name, image or likeness, you hereby guarantee release all liability and hold harmless Fundahope and its employees and contractors, from (i) all claims for invasion of privacy, publicity or libel, (ii) 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 (iii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion or other use or exploitation of your name, reputation or image. You represent and warrant that you have secured all necessary licenses, waivers and releases from relevant person(s) if any person (other than you) appears in your User Content, in a manner fully consistent with the licenses, waivers and releases set forth above. 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, reputation or likeness). Further, you acknowledge that as a User, your participation in the Services and submission of User Content is voluntary and that you will not receive any type of financial compensation associated with the licenses, waivers and releases set forth herein (or fundahope exploitation thereof) and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

We do not guarantee that any Services Content will be made available through the Services. fundahope reserves the right to, but is under no obligation, (i) delete, edit or amend any Services Content or User Content, based on our sole judgement, at any time, without notice to you and for any reason, or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.

Payment Card Industry Data Security Standard (PCI DSS): This standard is a set of requirements regulated but the industry for any business that handles, processes or stores credit cards. The primary purpose of the standards is to reduce credit card fraud maintaining controls around cardholder data to. As a service provider, fundahope is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.

Repeat Infringer Policy: fundahope has adopted a policy of terminating, in appropriate circumstances and at fundahope's sole judgement and discretion, users who are deemed to be repeat infringers. Fundahope may also, when deemed necessary, restrict access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, regardless of whether a repeated infringement has occurred.

THIRD PARTY SERVICES/PLATFORMS

The Services of 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. fundahope has no control over these features and tools or any products, services or content made available through or by third parties, or the business practices of the third parties providing and fundahope is not responsible for and does not endorse such services or the products, services or content made available thereby. You acknowledge that fundahope is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the services mentioned above. You further acknowledge and agree that fundahope 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 third parties. 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 resources. As an example of this, if you use the fundahope 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 fundahope is not liable for any loss or claim that you may have against any such third party.

INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold fundahope and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal 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 Campaign, 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 fundahope has the right to conduct its own defense of any claims at its own discretion and that you will indemnify fundahope for the costs of its defense (including, but not limited to legal fees). You waive any statute or doctrine that is not compatible with such release.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN AND SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNDAHOPE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FUNDAHOPE AND ITS AFFILIATES MAKE NO GUARANTEE OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUNDAHOPE NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF FUNDAHOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUNDAHOPE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FUNDAHOPE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

DISPUTES

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

Mediation; Arbitration; Class Action (Group Litigation) Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, EXECUTIVES, MANAGERS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE FIRSTLY SETTLED BY MEDIATION ACCORDING AND UNDER THE RULES AND REGULATIONS OF THE PROFESSIONAL CENTER OF MEDIATION OF THE SAINT JOSEPH UNIVERSITY- BEIRUT, LEBANON (RÈGLEMENT DE MÉDIATION DU CENTRE PROFESSIONEL DE MÉDIATION DE L'UNIVERSITÉ SAINT JOSEPH- CPM) BY ONE OR SEVERAL MEDIATORS APPOINTED IN ACCORDANCE WITH THE SAID RULES.

 

IN THE EVENT THE MEDIATION FAILS TO LEAD TO AN AGREEMENT BETWEEN THE PARTIES OF THE DISPUTE AS SET FORTH HEREIN, THE SAID DISPUTE SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE ANY KIND OF TRIALS BEFORE COURTS INCLUDING JURY TRIALS.

 

DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO ANY TYPE OF JUDICIAL TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude or otherwise limit the right of either of us to (a) pursue an enforcement action through the applicable local authority/agency if that action is available; (b) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. 

The Mediation Process.  The Mediation shall be the first dispute resolution method referred to by any of the Parties in the event a dispute was risen between you and us with regard to your relationship with us. Any Mediation between you and us will be settled by the Professional Center of Mediation of Saint Joseph University- Beirut, under the center’s Rules of Mediation by one or several mediators appointed in accordance with the said rules. The Rules of Mediation and filing forms are available online at www.cpm.usj.edu.lb.

A party who intends to seek mediation must first send a written notice of the dispute to the other party by letter with certified receipt (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Mediation"). Our current address for Notice is: Ashrafieh, Tohme Law firm, Charles Malek Avenue, Sofil Centre, Block A 6th floor, Rmeil, Beirut. The Notice of mediation must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Mediation has been received, you or we may commence a mediation proceeding. All mediation proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

In the event we have both failed to reach an agreement by Mediation proceedings, you or we may commence an arbitration process as described below.

The Arbitration Process.  Any arbitration between you and us will be settled by the Chamber of Commerce and Industry and Agriculture of Beirut and Mount Lebanon under its Rules of Arbitration as modified by these Terms of Service. The Rules of Arbitration and filing forms are available online at www.ccib.org.lb. 

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by letter with certified receipt (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Our current address for Notice is: Ashrafieh, Tohme Law firm, Charles Malek Avenue, Sofil Centre, Block A 6th floor, Rmeil, Beirut. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration has been received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

Enforceability. If this Disputes section is found to be unenforceable, then this whole section relating to disputes will be null and void. In these circumstances, the parties agree that the exclusive jurisdiction and venue described in the General section below will oversee any disputes in relation to these Terms of Services. 

Confidentiality. Unless otherwise required by law or requested by law enforcement or any court or governmental body, both parties are under the obligation to keep the arbitration proceedings, all information exchanged between us and any settlement offers confidential. However, both parties may disclose these matters, in confidence, to our respective accountants, auditors and insurance providers.

TERMINATION

You agree that fundahope, when we deem necessary,  may suspend or terminate your account, in whole or in part, or your access to the Services and remove and/or discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting from such actions

USER DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Services and fundahope will have no liability or responsibility in relation to such interactions. Fundahope reserves the right, but is under no obligation, to become involved in any way with disputes between you and any other user of the Services.

GENERAL

These Terms of Service is composed of the entire agreement between you and fundahope which overruling any prior agreements between you and fundahope in relation to these Services. These terms regulate your use of the Services fundahope offers to you. You may also be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software as mentioned previously. These Terms of Service will be governed by the laws of the Republic of Lebanon. With respect to any disputes or claims not subject to arbitration or mediation, as set forth above, you and fundahope agree to submit to the personal and exclusive jurisdiction of the competent courts of Lebanon. The failure of fundahope to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be barred permanently. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of fundahope, but fundahope may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or physical mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. Fundahope may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent fundahope from complying with the law. Fundahope shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, war, terrorism, arson, riots, accidents, acts of civil or military authorities, floods, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

PRIVACY NOTICE

At fundahope, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services fundahope offers, you consent to our collection and use of personal data as outlined in our Policy. If you are in Europe, by using the Services, you acknowledge fundahope's collection and use of personal information as described in the Privacy Notice.

 


Subject to these Terms of Service, as amended from time to time ("Terms of Service"), WILLING Joint-stock Company provides the fundahope platform to you through its website at www.fundahope.com (the "fundahope") and related services (collectively, the fundahope Platform, including any new features and applications, the "fundahope Services"). If you are a campaign organizer (as defined below), beneficiary of a campaign, or donor (collectively referred to herein as a "User") located anywhere in the world, you are contracting with Willing Joint-stock company, (Mar Moussa main road, El Metn, Lebanon). Unless specifically indicated otherwise, for purposes of the following Terms of Service, "fundahope", "we", "us", "our" and other similar terms, shall refer to the party with whom you are contracting.
MEDIATION, ARBITRATION, JURY TRIAL, ANY COURT ACTION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE FUNDAHOPE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MEDIATION AND/OR BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR ANY COURT ACTION, OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify parts of these Terms of Service at any time. When we do this, 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 law, the English version of these Terms of Service is binding, and other translations, in case of their availability, are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
In addition, when using the Services, and unless you are in the European Economic Area, the United Kingdom and Switzerland ("Europe"), you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such guidelines or rules are hereby incorporated by reference into these Terms of Service (provided, however, that these Terms of Service take precedence in the event of a dispute). We shall resolve any such disputes at our sole discretion and all of our decisions are final and binding.
ACCESS AND USE OF THE SERVICES
Fundahope Services Description: The fundahope Services are offered as a platform to allow an individual, entity or organization (the "Campaign Organizer") to post a fundraising campaign ("Campaign") to the fundahope Platform to accept monetary donations ("Donations") from donors ("Donors") and to enable a Permanent Fundraiser (“Permanent Fundraiser”), to accept Recurrent Donations (“Recurrent Donations”) or One-time Donations (“One-time Donations”) from Donors for charitable or other decent purposes. 
Payment Processor: fundahope is not a payment processor and does not hold any funds. Instead, fundahope uses third-party payment processing partners to process Donations for a Campaign ("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 in order to facilitate the provision of Services.
Services Fees: Although there are no fees to set up a Campaign, industry-standard payment processor fees (hereinafter and on the website referred to as "Payment Processor Fees") as well as Platform Fees (hereinafter and on the website referred to as “Platform Fee”) apply as a percentage of donations as detailed below.
Payment Processor Fees:  Payment Processor Fees for fundahope Platform are applicable as follows: for Donations coming from Lebanese cards: 0.5$ + 2.5% of each transaction, for Donations coming from international cards 0.5$ + 4.5% of each transaction. Payment Processor fees are automatically deducted by the Payment Processor from each Donation processed by the latter through the Platform. 
Platform Fees: Platform Fees are currently fixed at 5% of each Donation received and automatically deducted from each Donation. 
The Services are platforms; We are not a Broker, Financial Institution, Creditor or NGO: The Services are administrative platforms only. Fundahope facilitates the Campaign of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers. Fundahope is not a broker, agent, financial institution, creditor or a non-profit organization.
All information and content provided by fundahope relating to the Services is for information purposes only and fundahope does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Donations, Recurrent 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.
Fundahope 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 Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, 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 Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign or event.
No Solicitation: The fundahope Platform is offered to help Campaign Organizers raise money. fundahope merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by fundahope, and fundahope does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organization. By using the Services, you understand and agree that fundahope shall not be responsible for the use of your Donations or the amount of funds raised for the User, Campaign or event.
Campaign(s): A Campaign is a short-term fundraiser, launched by a Campaign Organizer aiming at raising a monetary goal for a specific cause within a certain period of time. A Campaign must be requested through the Platform; fundahope team will review the campaign(s)’ request within a reasonable time-limit in order to verify that the Campaign meets the requirements set forth under these terms and provide you with an answer. In the event the Campaign is approved by the Platform, the Campaign will be posted on the Platform; the Campaign Organizer will be able to receive Donations through such Campaign and share the Campaign through Social Media Platforms for a better reach. 
Campaign Organizer: You, as a Campaign Organizer, represent, warrant and covenant that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) you are raising funds for a cause or activity that is legal, licit and legitimate under all applicable laws, regulations, public order and social morality; (iii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iv) if you withdraw donations believed by reasonable 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; (v) if you add a Beneficiary through the Services, you relinquish control of the Donations; (vi) you will not infringe the rights of others; (vii) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions and asset disclosures for your project; and (viii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize fundahope, and fundahope reserves the right to provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of an entity using the services to raise funds for such entity, you represent and warrant that: (a) you are a representative of the entity, which representative is authorized to raise funds or bind the entity to these Terms of Service; (b) you are raising funds for an entity, with a cause or activity that is legal, licit and legitimate under all applicable laws, regulations, public order and social morality; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose; (d) your entity is and will execute all its fiscal obligations under applicable law. 
Your Registration Obligations: You may be required to register with fundahope in order 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 and/or documents about yourself or your entity as prompted by the Services' registration form. 
    •    Campaign Organizers who are raising money for their own cause or for a beneficiary’s cause, must register using their true identities attaching a copy of their identity as prompted by the Services’ registration form, and must provide and complete as set forth above all requested information including their name, address, email address, phone number, beneficiary’s name, employment (if any) and bank account information, in addition to any image or video purporting to depict the Campaign Organizer or the Beneficiary of such campaign. You agree to keep registration details current and up to date.
    •    In addition to the obligation of providing and completing information as set forth above, Campaign Organizers who are using the Services in the name and place of an entity, to raise funds for such entity, must register using the entities’ registered/recognized name, attaching a copy of the entity’s registration certificate (Commercial circular for a Company; notice of recognition for an non-governmental organization) certifying that such entity is duly registered and/or recognized under the relevant laws and regulations in Lebanon and agree to provide us with the entity’s name, address, email address, phone number, and bank account information as well as their name and phone number as the entity’s representatives. You agree that you might be contacted by the Platform’s representatives and requested to provide additional information/documents relating to the entity you represent, including but not limited to, its registration certificate, its financial registration certificate and its financial reports. You also agree to keep registration details current and up to date, reflecting the reality of any change in the management, the structure and/or the legal situation of the entity you represent, as soon as such event occurs, and in general, of any change of information as provided initially or any event that might affect in any way the performance of the Services and/or the reputation of the Platform.
    •    Campaign organizers must have a valid bank account (at least) in any of the authorized banks in Lebanon and agree to provide and maintain true, accurate, current and complete information relating to their bank account as prompted by the Services registration form, such as bank account name, bank name, bank address, IBAN number, swift and account’s currency. THE BANK ACCOUNT MUST BE IN THE NAME OF THE CAMPAIGN ORGANIZER WHETHER THE LATTER WAS A PHYSICAL PERSON OR AN ENTITY.  
Registration data and certain other details about you are governed by these Terms of Service and our Privacy Policy. If you are under 16 years, 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 or 21 years 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 fundahope has entered into contracts, in order to be able to benefit from their services. Fundahope or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third-party Payment Processors is integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.
Permanent Fundraisers: The Fundahope Services include the features and services of Permanent Fundraising described here. This feature allows an individual, entity or organization (the "Permanent Fundraiser") to post a permanent fundraising campaign/page (the “Permanent Fundraising”) and raise Donations for a permanent individual need or for the permanent activity of an entity. Donations raised under this feature can be either Recurrent Donations (subject to the “Recurring Donations” terms set forth below), or a one-time donation (subject to the “Donations” terms set forth below). All donations raised under this feature are subject to the same Services Fees set forth herein (including Payment Processor Fees and Platform Fees) for each donation. Permanent Fundraisers are also subject to the same Registration Obligations applicable to Campaign Organizers and agree to the same applicable terms. Permanent Fundraisers also agree that fundahope does not withhold funds for tax purposes or otherwise. Permanent Fundraisers, whether individuals or entities, will be solely responsible for taxes based on applicable international, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
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. Fundahope is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously (subject to our Fraud Policy below). Therefore, if you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please click the "Report fundraiser" link on the Campaign to alert our team of this potential issue and we will investigate. If you are a donor, you may be entitled to a refund according to our Refund Policy set forth below. 
    •    fundahope makes no representation as to whether all or any portion of your Donations, including any Payment Processor Fees, are tax deductible or eligible for tax credits. fundahope will have no liability for any claim by any local, foreigner 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. You should consult a 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, notably in Lebanon. 
    •    Donors shall provide fundahope with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, some of Donor’s personal information will be shared with the NGO to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such NGO in accordance with the NGO’s Privacy Policy. fundahope is not responsible and shall not be liable for any NGO’s use of any Donor information.
Donor Conduct: 
Donations: In order to contribute to a Campaign or to a Permanent Fundraiser, a Donor will be required to provide fundahope with information regarding their credit card or other payment method ("Payment Method") that is linked to the Donor’s account on the Services (a "Billing Account"). You, as a Donor, represent and guarantee fundahope that such information is true and that you are authorized to use the applicable Payment Method. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless Fundahope, at its sole discretion, agrees to issue a refund according to Refund Policy detailed below. Fundahope 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 Campaign, the Donor agrees to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners.  
Recurring Donations: Donors may have the option to contribute recurrent Donations (your agreement to make the Donations on a recurring basis, a "Donation Subscription" and each individual Donation made in connection with a Donation Subscription, a "Donation Instalment"), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions are renewed automatically and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platforms, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorize fundahope to charge your Payment Method the amount of the applicable Donation Instalments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Instalments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Method, such as a change in your billing address or credit card expiry date). Changes to or termination of Donation Subscriptions or Donation Instalments will only apply to Donation Instalments that take place after fundahope receives notice of such change or termination. Fundahope does not provide refunds of any amounts received in connection with previously made Donation Instalments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Instalment are the sole responsibility of, and at the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g. the applicable Campaign Organizer or Permanent Fundraiser), (b) individual Donation Instalments may not be tax deductible, even if previous Donation Instalments for the same Donation Subscription were, and the amount of each Donation Instalment that is tax deductible may vary, (c) one or more specific Donation Instalment may not be delivered to or received by the applicable cause, Permanent Fundraiser or Campaign if such cause, Permanent Fundraising or Campaign becomes unavailable, unable to accept Donations or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, Permanent Fundraiser or Campaign becomes subject to an investigation or is suspended or removed from the Services by fundahope or (d) the amounts actually received by the applicable Campaign, Permanent Fundraiser or cause may differ from one Donation Instalment to the next (e.g. if the Payment Processer fees associated with the Donation Instalment change).
Your non-termination of a Donation Subscription reaffirms that fundahope is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.
Campaign Organizers, Beneficiaries or Permanent Fundraisers
Account Holds: From time to time, fundahope may, at its sole discretion, place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein), 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 aren’t necessarily limited to, the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; (ii) if the funds available (as determined by fundahope at its sole discretion) should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer); (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms of Service; (iv) if Fundahope determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity; (v) if we have reason to believe (at our sole discretion) that there may be suspicious or fraudulent donation activity; or (vi) if required in order to comply with a court order, judgment, writ, injunction, or as otherwise required under applicable laws and regulations. 
Withdrawing Donations from a Campaign: While Fundahope endeavors to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Fundahope does not guarantee that Withdrawals will be available to you within any specific time frame, and Fundahope expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to Fundahope in order to process a Withdrawal, including your bank account details, is accurate and up to date. You, as a Campaign Organizer, are also responsible for Withdrawals Fees as may be determined by the Payment Processor. Fundahope may, at any time, for any reason, without notice, and at its sole discretion, offer or issue a refund of Donation(s) with or without consulting you, which may comprise the total amount donated to your campaign. Fundahope is not liable to you or to any third party for any claims, damages, costs, losses or other consequences caused by fundahope issuing refunds, including, but not limited to, transaction or overdraft fees.
Payment Processors
Fundahope uses Payment Processors to process Donations for your Campaign and thereafter deliver it to you. In order to withdraw funds from a Campaign, a Permanent Fundraiser, a Campaign Organizer or, if not the same, Beneficiary (collectively "Withdrawing Entity") will be required to provide the Payment Processor with information regarding bank account details ("Withdrawing Account"). You, as Withdrawing Entity, represent and warrant to Payment Processor and fundahope that such information is true and that you are authorized to receive the Donations raised through the Platform by withdrawal to the revealed bank account. 
By setting up a Campaign or accepting the role of Beneficiary to a Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors. 
Special Notice for International Use; Export Controls
Software (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 in force. 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 in relation to online conduct and acceptable content. 
Ownership of Donor Lists and Data 
    •    Fundahope Platform. With respect to fundahope and NGOs using the fundahope Platform, NGOs may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. If the NGO has an NGO Contact account on the Platform, fundahope shall transfer all Donor Lists and Donor Data to Charity’s account. 
    •    With regard to fundahope and NGOs using the fundahope Platform, with respect to Donor lists and Donor Data that fundahope has received exclusively by means of a donation to such NGO and by no other means, and to the extent permitted by the Privacy Policy and applicable law, the NGO shall own the Donor Data of Donors who have provided a Donation to this NGO, including contact information of such Donors; provided, however, that the said NGO grants to fundahope a worldwide, non-exclusive, royalty-free, perpetual license to use Donor Data for the following purposes: (a) to provide the Services, including account administration and processing donations; (b) to enforce our agreements; (c) fraud prevention, safety, security, and compliance with law; (d) to respond to law enforcement requests; (e) research and analytics; (f) to customize, adjust, and improve the Services; and (g) to develop new services. "Donor Data" shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the project and event associated with the Donation. 

THE LIST OF DONORS WHO CONTRIBUTE TO AN NGO'S CAMPAIGN OR EVENT CONDUCTED THROUGH THE SERVICES ("DONOR LISTS") ARE PROVIDED "AS IS", AND FUNDAHOPE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section.
Taxes: It is your responsibility to determine which taxes, if any, 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 (a) immediately notify fundahope of any unauthorized use of your password or account or any other breach of security; and (b) sign out from your account at the end of each session when accessing the Services. Fundahope will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: fundahope reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) 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.
Content Manifestly Made Public by the User.
Public Content, Public Display of Information and Donations: Some of your activity on and through the Services is public, such as any content you post publicly on the Platforms (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) ("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 a Campaign Organizer, you might post personal details – such as information about a recent hospital stay – which 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, you have the option to simply donate as “anonymous” during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge and search engines may index that information. We therefore urge you to think carefully about including any explicit information that you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use and store certain details about you and your use of the Services.
Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. 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, "Unsolicited Information"). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that fundahope will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to fundahope a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable 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 Unsolicited Information, and to sub-license the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against Fundahope and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services. 
You acknowledge and agree that fundahope may retain Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such retention 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 fundahope, its users 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 Campaign or a donation), either by submitting 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 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 fundahope 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 (a) contact such third party using the Third-Party Data provided, and/or (b) 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 of "opting out" of receiving further communications of a similar nature.
PROHIBITED CONDUCT
You are solely responsible for complying with all applicable law of the Republic of Lebanon in relation to your Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, "Upload"). If you are not the beneficiary of the Campaign which 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 fundahope. This list is not exhaustive, and we reserve the right to remove any Campaign and/or investigate any User who, at our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Campaign, 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, at our sole discretion, deem relevant to 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 such Campaign, freeze or place a hold on Donations and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
Notwithstanding the foregoing, you agree:
    •    not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving: 
    •    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;
    •    any election campaigns that are not run by a registered organization within the Lebanese Territory;
    •    User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest or impossible;
    •    drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited or forbidden 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;
    •    knives, explosives, ammunition, firearms, or other weaponry or accessories;
    •    annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing or similar), 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 crypto-currencies;
    •    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 vouchers, or sweepstakes;
    •    User Content or behavior that we deem, at our sole discretion, to be or to reflect an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
    •    for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
    •    activities with, in, or involving countries, regions, governments, persons, or entities that are subject to economic sanctions under applicable domestic and/or international laws;
    •    funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
    •    pornography or other sexual content;
    •    Offensive, graphic, perverse or sensitive content;
    •    the sale of items before the seller has control or possession of the item;
    •    collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to by-pass or otherwise circumvent the designated method of payment as provided by fundahope;
    •    credit repair or debt settlement services;
    •    the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
    •    publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
    •    sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
    •    aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
    •    counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
    •    products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
    •    unauthorized sale or resale of brand name or designer products or services;
    •    sale of goods or services that are illegally imported or exported;
    •    processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
    •    collecting or providing funds for any purpose other than as described in a Campaign description;
    •    any other activity that fundahope may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud and activities of a similar nature; or
    •    any other activity that fundahope may deem in its sole discretion to be unacceptable.
    •    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; (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; or (vi) in the sole judgment of fundahope, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose fundahope or its users to any harm or liability of any type;
    •    not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    •    not to harvest, collect or publish personally identifiable information of others;
    •    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;
    •    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;
    •    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 Permanent Fundraiser or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
    •    not create any liability for fundahope 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;
    •    not to engage in any conduct that, in fundahope’s sole judgment and at fundahope's sole discretion, restricts or inhibits any other user from using or enjoying the Services;
    •    not to interfere with or disrupt any servers or networks used to provide the Services or their respective features or disobey any requirements of the networks fundahope uses to provide the Services;
    •    not to gain unauthorized access to the Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means;
    •    not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
    •    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 which is expressly permitted;
    •    not to engage in advertising or commercial solicitation of any product;
    •    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;
    •    undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
    •    attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree: 
    •    not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
    •    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);
    •    to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by fundahope from time to time;
    •    to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for fundahope to verify compliance with these Terms of Service and make such records available to fundahope 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
    •    at fundahope request, including without limitation in case of investigations by fundahope, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
Fundahope reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or fundahope, or that expose you, fundahope, 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 legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
Fraud Policy
Fundahope is dedicated to empowering people and to help people and we do this by carefully reviewing each campaign on our platform. An overwhelming majority of campaigns on the site are safe and legitimate. In the rare instance that someone does create a misleading campaign with the intention of taking advantage of others’ generosity, fundahope takes swift action to resolve the issue.
Our policy is simple and strictly enforced: it is not permitted to lie or intentionally deceive donors on Fundahope for financial or personal gain.

Examples of expressly forbidden fraudulent activity
    •    Breaking the law
    •    Lying or being misleading about your identity as a campaign organizer or your relationship to the ultimate recipient of the funds
    •    Posting misleading statements in the campaign story
We rely on the fundahope community to let us know if there is suspicion that a campaign organizer is involved in any of the examples of fraud above. To report a campaign for potential fraud, please click the "Report" link on the Campaign to alert our team of this potential issue and we will investigate. To give us more details about a potential fraud, you can contact us at support@fundahope.com. 
Examples that are not considered to be fraudulent activity
Sometimes, there are situations that may raise questions but are not considered examples of fraudulent activity on our platform. These include:
    •    Speculation of fraud or rumors that the campaign is a scam
    •    Images or names of individuals being used without permission of the family
    •    Disagreement around the nature of the campaign or the character of the campaign organizer
    •    Campaigns that have surpassed their goal but are still raising funds
    •    Custody or familial disputes or disagreements
    •    Multiple campaigns set up for one purpose or for the same beneficiary
Refund Policy
In the rare case that something isn’t right, our Guarantee ensures that donations and donors are protected to the possible extent.
Protecting your generosity is our top priority. Therefore, you, as Donor, may be eligible for a refund from fundahope in the two following cases exclusively: 
    •    In the case where the Campaign organizer and/or the beneficiary (if they are not one) decide(s) to stop the campaign before its term, for any reason they deem sufficient. 
    •    In the case where fundahope, at its sole discretion, decides to hold or terminate a Campaign or a Permanent Fundraiser because of a breach of any of these Terms, a breach of law, a fraud, or any other reason deemed sufficient by the sole discretion of fundahope. 
If fundahope determines, in its sole discretion, that any of the mentioned cases has occurred, it may reimburse you the amount of your donation(s) submitted through the Platform (up to $1,000 per donor per fundraiser). However, some requirements and restrictions may apply. 
    •    You, as a Donor, still own the payment instrument you used to make the Donation at issue and are authorized to accept a funds transfer back onto that payment instrument;
    •    You must not have already filed a chargeback nor received a refund for the same donation.
    •    All resolutions are decided by fundahope in its sole discretion, and all of its determinations are final.
INTELLECTUAL PROPERTY RIGHTS
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 intellectual property rights and laws. Except as expressly authorized by fundahope, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part. The foregoing does not apply to your own User Content that you upload to the Services legally. 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 Fundahope from accessing the Services (including by having your IP address blocked), 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 fundahope, 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, sub-license or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by fundahope.
The fundahope name and logos are trademarks and service marks of fundahope (collectively the "fundahope 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 Fundahope. 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 fundahope Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Fundahope Trademarks will inure to our exclusive benefit. 
Third-Party Material: Under no circumstances will fundahope 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 fundahope does not pre-screen User Content, but that fundahope and its designees will have the right (but not the obligation) at 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, you hereby grant and will grant fundahope and its affiliated companies and users a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Notwithstanding the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Fundahope and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of fundahope 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 fundahope exploitation thereof) and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
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 cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, fundahope is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Repeat Infringer Policy: fundahope has adopted a policy of terminating, in appropriate circumstances and at fundahope's sole discretion, users who are deemed to be repeat infringers. Fundahope 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.
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"). Fundahope 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 fundahope is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that fundahope 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 fundahope 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 Fundahope 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 Fundahope is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold fundahope and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal 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 Campaign, 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 fundahope has the right to conduct its own defense of any claims at its own discretion and that you will indemnify fundahope for the costs of its defense (including, but not limited to legal fees). You waive any statute or doctrine that is not compatible with such release. 
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNDAHOPE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FUNDAHOPE AND ITS AFFILIATES MAKE NO GUARANTEE OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUNDAHOPE NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF FUNDAHOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUNDAHOPE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FUNDAHOPE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
DISPUTES
MEDIATION CLAUSE, ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Mediation; Arbitration; Class Action (Group Litigation) Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE FIRSTLY SETTLED BY MEDIATION ACCORDING AND UNDER THE RULES AND REGULATIONS OF THE PROFESSIONAL CENTER OF MEDIATION OF THE SAINT JOSEPH UNIVERSITY- BEIRUT, LEBANON (RÈGLEMENT DE MÉDIATION DU CENTRE PROFESSIONEL DE MÉDIATION DE L'UNIVERSITÉ SAINT JOSEPH- CPM) BY ONE OR SEVERAL MEDIATORS APPOINTED IN ACCORDANCE WITH THE SAID RULES.

IN THE EVENT THE MEDIATION FAILS TO LEAD TO AN AGREEMENT BETWEEN THE PARTIES OF THE DISPUTE AS SET FORTH HEREIN, THE SAID DISPUTE SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE ANY KIND OF TRIALS BEFORE COURTS INCLUDING JURY TRIALS. 

DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO ANY TYPE OF JUDICIAL TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable local authority/agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. 
The Mediation Process.  The Mediation shall be the first dispute resolution method referred to by any of the Parties in the event a dispute was risen between you and us with regard to your relationship with us. Any Mediation between you and us will be settled by the Professional Center of Mediation of Saint Joseph University- Beirut, under the center’s Rules of Mediation by one or several mediators appointed in accordance with the said rules. The Rules of Mediation and filing forms are available online at www.cpm.usj.edu.lb. 
A party who intends to seek mediation must first send a written notice of the dispute to the other party by letter with certified receipt (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Our current address for Notice is: Ashrafieh, Tohme Law firm, Charles Malek Avenue, Sofil Centre, Block A 6th floor, Rmeil, Beirut. The Notice of mediation must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Mediation has been received, you or we may commence a mediation proceeding. All mediation proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. 
In the event we have both failed to reach an agreement by Mediation proceedings, you or we may commence an arbitration process as described below. 
The Arbitration Process.  Any arbitration between you and us will be settled by the Chamber of Commerce and Industry and Agriculture of Beirut and Mount Lebanon under its Rules of Arbitration as modified by these Terms of Service. The Rules of Arbitration and filing forms are available online at www.ccib.org.lb. 
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by letter with certified receipt (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Our current address for Notice is: Ashrafieh, Tohme Law firm, Charles Malek Avenue, Sofil Centre, Block A 6th floor, Rmeil, Beirut. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration has been received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. 
Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service. 
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors and insurance providers. 
TERMINATION
You agree that fundahope, at its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Services and fundahope will have no liability or responsibility with respect thereto. Fundahope reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
GENERAL
These Terms of Service constitute the entire agreement between you and fundahope and govern your use of the Services, superseding any prior agreements between you and fundahope with respect to the Services. You may also be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Republic of Lebanon. With respect to any disputes or claims not subject to arbitration, as set forth above, you and fundahope agree to submit to the personal and exclusive jurisdiction of the competent courts of Lebanon. The failure of fundahope to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of fundahope, but fundahope may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or physical mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. Fundahope may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent fundahope from complying with the law. Fundahope shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
PRIVACY NOTICE
At Fundahope, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge fundahope's collection and use of personal information as described in the Privacy Notice.