Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Uthando accessible at https://uthando.org.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

We refer to those Community Members raising funds as "Project Owners". We refer to those making Donations as “Donors". Project Owners, Donors and other visitors to the Service are referred to collectively as "Users."

Uthando allows Project Owners to specify goals for their projects (“Project Goals”), and assign monetary values to them, which they are entitled to receive from donations made to their Project each time a Project Goal is validated

Uthando makes no representations about the quality, safety, morality or legality of any Project or Project Goal or Donation or the truth or accuracy of Content posted on the Site.

Registration

You may browse the Site and view its Content without registering. You may be required to register to open an account with Uthando ("Account") and select an email and password to access certain parts of the Site.

Account Opening

Where you are required to open an Account with Uthando:

  • You must provide us with accurate and complete registration information, including your authentic first and last names.
  • Failure to do so shall constitute a breach of this Agreement and may result in the immediate termination of your Account;

Password & Security

You must safeguard your password; You authorise us to assume that any person using the Site through your account is either you or authorised to act for you.

Account Cancellation

Uthando has sole discretion to refuse or cancel your registration on the basis of a breach of any of the requirements in Clauses above. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password. You shall never use another member’s account without such other Community Member’s express permission.

You shall immediately notify Uthando in writing of any unauthorised use of your Account, or other Account-related security breach of which you are aware.

Intellectual Property Rights

Other than the content you own, under these Terms, Uthando Limited and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Breach

In the event that you have, or we have reason to believe that you have breached, or will breach these Terms of Use, we may terminate or suspend your registration and/or access to the Service and/or to any content made available on the Site.

We reserve the right to delete your account.

Uthando Fees

Uthando charges a small transaction fee on every Donation effectively paid to the Project Owner. The fee is currently up to 3% of the gross Donations. Donations are also subject to third party payment processing fees. Subscription fees may also apply to Project Owners for additional services.

Changes to any fees are effective once posted on the Site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the promotional event or new service on the Site.

Project Creation Requirements

In order to collect Donations for a Project, Project Owners must create a “Project Page” on the Site.

The Project Owner is responsible for the accuracy of all content on a Project Page it has created.

  • For each Project, the relevant Project Owners must specify Project Goals (Milestones) on the Project Page, and assign a value in Nigerian Naira to each (the “Goal Values”).
  • Once a Project becomes active on the Site, the Project Owner may not amend existing Project Goals, or create any new Project Goals for such Project, subject to any reasonable amendments which may be required by Uthando, or Applicable Law. The Project Owner must immediately notify such changes to the Project Goals to the relevant Project Donors.
  • Project Owners must specify a validation mechanism for the Project Goals, which may include the nomination of an individual or organisation to verify and validate the Project Goals (“Project Validator”).
  • If the Project Owner nominates a Project Validator ("Validator Nominee") for the relevant Project, the Validator Nominees will receive an email from Uthando requesting the Validator Nominee’s agreement to act as Project Validator for the relevant Project.

Upon acceptance of the nomination, the Validator Nominee is appointed as Project Validator for the relevant Project;

  • agrees to verify and validate the Project Goals as set out in the Project Page;
  • agrees to comply with its obligations under Clause 11 of this Agreement.
  • Unless expressly stated otherwise, Uthando does not act as a Project Owner or Project Validator and accepts no responsibility or liability for the actions of Project Owners or Project Validators.
  • It is the responsibility of the Project Owner to create and display on the Project Owner’s Project Page terms and conditions for receiving payment of the Goal Values (compliant with all legal requirements and codes of practices) ("Donation Terms") which will be binding on Donors to the relevant Project (“Project Donors”).

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Uthando Limited may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Donations towards project

  • The Project Owner acknowledges and agrees that Donations made to a particular Project (“Project Donations”) it owns are the only source of funds for that Project.
  • Any costs or liabilities in delivering the Project which exceed the amount of the Project Donations shall be for the Project Owner’s own account and in no circumstances shall Uthando, the Project Validator or Project Donors be liable to make any payment in respect of such costs or liabilities.
  • In relation to each and any Project, the Project Owner agrees to use the Project Donations only for the purposes of the Project and in accordance with the terms outlined in the milestones put up by the Project Owner.
  • The Project Owner shall complete the Project in accordance with all material details on the Project Page subject to any reasonable amendments which may be required by Uthando, or Applicable Law.

Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Uthando Limited a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Uthando Limited reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided "as is," with all faults, and Uthando Limited express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Uthando Limited, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Uthando Limited, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Uthando Limited from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Uthando Limited is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Uthando Limited is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Uthando Limited and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Lagos State,Nigeria and you submit to the non-exclusive jurisdiction of the state and federal courts located in Lagos State,Nigeria for the resolution of any disputes.