In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Campaign Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”
Obtainaid is a Platform
Obtainaid is an online crowdfunding platform for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Obtainaid makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Obtainaid does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. TTLM Inc. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services.Obtainaid reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Campaigns. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Obtainaid, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
- any human remains, such as bones or skulls;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Obtainaid is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- bypass any measures Obtainaid may use to prevent or restrict access to the Service;
- run any form of auto-responder or “spam” on the Service;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
- take any action that imposes, in Obtainaid’s sole discretion, an unreasonable load on Obtainaid’s infrastructure;
Obtainaid reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Campaign Images
Campaign Owners are not permitted to do any of the following with Campaign images:
- include any visual element that could be interpreted to have been produced by Obtainaid, including but not limited to banners, progress bars or funding stats;
- include any visual element that communicates endorsement by Obtainaid.
Disputes between Campaign Owners, Third Parties and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors .Obtainaid does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to fulfill any of its commitments to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding Contributions. Please note that if Campaign funds have been disbursed to the Campaign Owner, then it is the Campaign Owner’s responsibility to issue refunds to Contributors.
Obtainaid is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In addition, Obtainaid is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Obtainaid immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Obtainaid may reasonably request and to answer truthfully and completely any questions Obtainaid might ask you in order to verify such User’s identity.
License to Users and Use of Obtainaid Trademarks
Obtainaid grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
With the exception of User Content (defined in the User Content paragraph below), all content made available through the Obtainaid platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of Obtainaid or other Campaign Owners and is protected by United States and international intellectual property laws.
The trademarks OBTAINAID®, FUNDED WITH OBTAINAID®, TOGETHER DO ANYTHING® and GENEROSITY® are federally registered trademarks owned by Ttlm, Inc. Users are strictly prohibited from registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names, or corporate names that incorporate any of obtainaid’s trademarks or are confusingly similar to any of obtainaid’s trademarks.
Campaign Owners will respond promptly and truthfully to all questions posed to them by Obtainaid or any Contributor. Campaign Owners will provide substantive and quality updates at least once a month to their Contributors. Failure to do so may result in punitive actions taken on the Campaign. Your location as reflected on your Campaign page must match your legal residence that you submit to Obtainaid when you create the Campaign. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Obtainaid removing the Campaign(s) from Obtainaid, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds. Obtainaid will not be required to disburse Campaign funds to any third parties.
Obtainaid may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Obtainaid’s review of the fulfillment status of prior crowdfunding obligations. Obtainaid reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowdfunding project on another platform.The minimum goal set by a Campaign Owner must be at least N5000 .
You acknowledge that as a Campaign Owner, if you do not act in accordance with Obtainaid’s Terms, Obtainaid may obtain reimbursement of any amounts owed by a Campaign Owner to Obtainaid by holding funds from your Campaign, or by seeking reimbursement from the Campaign Owner by any other lawful means.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.Obtainaid does not guarantee that Contributions will be used as promised, or that the Campaign will achieve its goals. Obtainaid does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, or the truth or accuracy of User Content posted on the Services.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressely indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the “Service Fees“). By using the Services Users agree to our Service Fees listed here obtainaid.com/pricing-fees. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content“). Users grant Obtainaid a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Obtainaid, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Websites, Advertisers or Services
Credit card payment processing services for Campaign Owners on Obtainaid are provided by Paystack, Inc. (“Paystack“) and are subject to Paystack Terms of Service. By continuing to operate as a Campaign Owner on Obtainaid, you agree to be bound by the Paystack Services Agreement, as the same may be modified by Paystack from time to time. As a condition to Obtainaid enabling credit card payment processing services through Paystack, you agree to provide Obtainaid accurate and complete information about you and your business, and you authorize Obtainaid to share any such information with Paystack, as well as transaction information related to your use of the payment processing services provided by Paystack. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
By using our Services, you acknowledge that Obtainaid reserves the right to attempt to recover or hold funds from your Campaign, or the connected bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Campaign Owner does not act in accordance with Obtainaid’s Terms, or other situations resulting in negative balances.
We may obtain reimbursement of any amounts owed by a Campaign Owner to Obtainaid by holding funds from your Campaign, or the bank account associated with your Campaign, or seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Each User agrees to defend, indemnify and hold harmless Obtainaid, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Obtainaid may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Obtainaid and each User agrees to assist and cooperate with Obtainaid in the defense or settlement of any such matters.
Obtainaid has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Waiver and Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
TTLM (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS (N2000.00) OR THE FEES PAID TO OBTAINAID FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OBTAINAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Obtainaid to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Obtainaid’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Obtainaid does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Obtainaid without restriction or consent.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and TTLM Inc ( including Obtainaid and affiliates) agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. For purposes of this arbitration provision, references to you and TTLM also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Platform.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Obtainaid as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Obtainaid support department firstname.lastname@example.org and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
CLASS ACTION WAIVER: ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST OBTAINAID.
Enforceability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Obtainaid merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in Nigeria.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree Obtainaid may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by Obtainaid or its Users might be similar or even identical to a submission received by Obtainaid or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Obtainaid platform or to Obtainaid about an existing product or service on, or a feature of, or a proposed addition to, the Obtainaid platform.
With regard to User submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) Obtainaid and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) Obtainaid and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and Obtainaid regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Obtainaid ‘s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Obtainaid may alter the Terms at any time, so please review them frequently. If a material change is made, Obtainaid may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at Obtainaid ‘s sole discretion, in good faith, and using common sense and reasonable judgment.