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Terms of Agreement

Date: September 2024

GIFTME.CASH USER TERMS OF SERVICE

Subject to these Terms of Service, as amended from time to time ("Terms of Service"), GiftMeCash Limited ("GiftMeCash,""we," "us,"our") provides access to the GiftMeCash platform through our website at www.GiftMeCash.com and its associated mobile applications (collectively referred to as the"Platform"), along with the GiftMeCash Community and related services (collectively with the Platform, including any new features and applications, the"Services")..

If you are an Organizer, Beneficiary, comment contributor, or Donor (collectively referred to herein as a ”User"), you are contracting with GiftMeCash Limited – Company Number: [Company Number]. For these Terms of Service, references to "GiftMeCash," "we," "us," "our," and similar terms refer to the party with whom you are contracting. GiftMeCash may, at its discretion, enforce these Terms of Service on behalf of the contracting party. Contact details can be found at the end of these Terms of Service.
Arbitration, Jury Trial, and Class Action Waiver: Except as otherwise described in the Disputes section below, by using the Services, you agree that any disputes between you and us will be resolved through binding, individual arbitration. You waive your right to a jury trial or participation in a class action.

By using the Services, you expressly acknowledge that you have read, understood, and agreed to these Terms of Service.

We reserve the right to change or modify portions of these Terms of Service at our sole discretion. We will provide notice of substantive changes and may inform users via the app, email or other means. Changes may be made with short or no notice if required by law. Upon making a change, we will post the revised Terms of Service on this page and indicate the date of the revision.

Your continued use of the Services after any changes indicates your acceptance of the new Terms of Service. These Terms of Service are binding, If you do not accept the new Terms of Service, you should discontinue using the Services.

Additionally, when using the Services, you will be subject to any applicable policies, including but not limited to the privacy policy.

ACCESS AND USE OF THE SERVICES

Payment Processor

GiftMeCash does not process payments or hold any funds. We utilize third-party payment processing partners ("Payment Processor") to handle Donations for a Fundraiser. By using the Services, you acknowledge and agree that these Payment Processors are essential to the Services, and we share necessary information with them to facilitate transactions.

Transaction Fee

While there are no fees to start or maintain a Fundraiser, a transaction fee, including credit and debit card charges, is deducted from each donation ("Transaction Fee"). For more details about the Platform and the applicable Transaction Fee, please visit our website.

The Services are Platforms; We are not a Broker, Financial Institution, Creditor, or Charity

The Services are purely administrative platforms. GiftMeCash facilitates Fundraisers created by Organizers and allows Donors to contribute to these Fundraisers. GiftMeCash is not a broker, agent, financial institution, creditor, or non-profit organization.

Third-Party Information and Content

All third-party information and content provided on the Services is for informational purposes only. GiftMeCash does not guarantee the accuracy, completeness, timeliness, or reliability of such information. No content on the Platform is intended to offer financial, legal, tax, or other professional advice. Before making any decisions related to Fundraisers, Charities, Donations, or any content on the Platform, consult your financial, legal, tax, or other professional advisors. You acknowledge that you access and use this information at your own risk.

User Conduct and Liability

GiftMeCash has no control over the conduct of any User or the information they provide, and we disclaim all liability to the fullest extent permitted by law. We do not guarantee that a Fundraiser will receive any specific amount of Donations or any Donations at all. GiftMeCash does not endorse any Fundraiser, User, or cause, and we do not guarantee the accuracy of any information provided through the Services. Donors are responsible for determining the value and appropriateness of contributing to any User or Fundraiser. We expressly disclaim liability for the outcome or success of any Fundraiser.

No Solicitation

The Platform is designed to help Organizers raise money, but GiftMeCash itself does not solicit donations. We simply provide the technology to connect Fundraisers with Donors. By using the Services, you understand and agree that GiftMeCash is not responsible for the use of your Donations or the amount of funds raised.

Donors

All Donations are made at your own risk. It is your responsibility to understand how your money will be used and to check the Fundraiser content regularly for updates. GiftMeCash is not responsible for any offers, promises, rewards, or promotions made by Users or Fundraisers, as such conduct violates these Terms of Service. We do not verify the information provided by Users or Fundraisers and do not guarantee that Donations will be used as intended or in accordance with applicable laws. However, we take reports of fraudulent activity and misuse of funds seriously and will work with the appropriate authorities to investigate. If you suspect misuse, please use the “Report” button on the Fundraiser page to alert our team.

Donations to Non-Profit Organizations:

You are not permitted to impose restrictions on how a non-profit organization ("Charity") uses your Donation. Any directions you provide regarding the use of your Donation are non-binding recommendations, and the Charity retains full discretion over the use of all Donations. You should consult your tax advisor regarding the tax deductibility or eligibility for tax recognition of your Donation, considering factors such as the tax status of the Charity. GiftMeCash makes no representation regarding the tax status of your Donations or the deductibility of any Transaction Fees. We are not liable for any tax-related claims regarding your Donation. You acknowledge and agree that, in accordance with our Privacy Notice, certain personal information you provide will be shared with third parties in fulfilling the agreement terms. This may include, without limitation, your inclusion on a Donor List (as defined below) and the use of your information by the Charity to issue official Donation receipts (or equivalent documents) and in accordance with the Charity's privacy policy. GiftMeCash is not responsible for, and shall not be liable for, any Charity's use of Donor information.

Organizers: As an Organizer, you represent, warrant, and covenant that: (i) all information you provide (whether through yourself, an agent, or using artificial intelligence) in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to mislead Users, and you will post updates as needed so that Users are informed about the use of funds and any other relevant information concerning your Fundraiser; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw Donations believed by Donors to be raised on behalf of someone other than yourself (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations; (v) you will not infringe upon the rights of others; (vi) you will comply with all applicable laws and financial reporting obligations, including, but not limited to, laws and obligations related to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) to the extent that you share any personal data of a third party with us for any purpose, including 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 to allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer goods or services in exchange for Donations. You authorize GiftMeCash, and GiftMeCash reserves the right, to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser, or law enforcement or other regulatory authorities, and to assist in any investigation thereof.

If you use the Services as an agent of a Charity to raise funds for that Charity, you represent and warrant that: (a) you are an authorized representative of the Charity with the authority to raise funds and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial, and local laws and regulations; (c) all donated funds will be used solely for the purpose stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law.

Giftme.Cash uses third party features and content, which are subject to their Terms of Service and Privacy Policies. GiftMeCash reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, and, to the extent permitted by applicable law, without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. While GiftMeCash will endeavor to provide notice of planned modifications or disruptions to the Service, this may not be possible in the case of unplanned outages or legally mandated changes.

Some of the information and content you share on the GiftMeCash platform (including descriptions, photos, videos, and comments) is publicly visible. This means other users can see it, and it may appear in search engine results. Your public profile information, such as your name, email address, and organization, can be seen by other users. By default, your Donations are public. This means they can be seen by anyone, including on search engines. If you prefer to keep your Donations private, you can select the "Private" option during the donation process. However, the Organizer, their team, and the Beneficiary will still have access to your donation information.

Sensitive Information: Be cautious when sharing sensitive personal information on the platform. While you have the option to keep your Donations private, other content you post may be public.

Any information you provide to GiftMeCash, whether solicited or unsolicited, may be publicly accessible. This includes content you post in forums, comments, or survey responses. Information from customer support interactions, product ideas, and other feedback is also considered public. By providing this information, you grant GiftMeCash a non-exclusive, worldwide, perpetual license to use, reproduce, modify, and distribute your content. This means we can use your information for any purpose, including commercial use. You waive any moral rights you may have in your content, allowing us to use it without restrictions. This section will continue to apply even after your account is terminated or you stop using the Services.

GiftMeCash may retain and disclose your information, including User Content and Other Information, if required by law or if we believe it's necessary. We may disclose information to comply with legal processes or government requests. We may disclose information to enforce these Terms of Service or protect our rights. We may disclose information to address claims of copyright infringement or other violations. We may disclose information to protect the safety of GiftMeCash, its users, employees, or the public. You may offer limited giveaways, such as stickers, as incentives for Donations. However, these giveaways must be clearly stated as part of the Fundraiser and available while supplies last. You are not allowed to offer any other type of contest, competition, reward, raffle, or similar promotion on or through the GiftMeCash platform. You are not permitted to offer any good or service in exchange for a Donation on the Platform. GiftMeCash is not obligated to retain data related to your account or Fundraiser after a Fundraiser concludes. GiftMeCash reserves the right to delete historical data or terminate inactive accounts, except for data required for legal purposes. We will attempt to provide Charities with reasonable notice before deleting their accounts or data. If we suspect fraud, misuse of the Services, or a breach of these Terms of Service, we may suspend or delete accounts without notice. We will not be liable for any damages or losses resulting from such actions.

Prohibited Conduct

You are not permitted to impose restrictions on how a You are responsible for complying with all applicable laws and regulations related to your Fundraiser and use of the Services. You are also responsible for ensuring the funds raised are used for the intended purpose. The following activities are prohibited: Creating or sharing content that is illegal, harmful, offensive, or promotes violence, hate, discrimination, or terrorism. Creating Fundraisers that are fraudulent, misleading, or inaccurate. Fundraising for causes that involve illegal activities, such as drugs, human trafficking, or terrorism. Fundraising for activities involving countries, regions, or entities under economic sanctions. Fundraising for or promoting the sale of weapons, explosives, or other dangerous goods. Publishing content that causes reputational harm to individuals or organizations. Offering or promoting gambling activities or unauthorized promotions. Engaging in activities like money laundering, fraud, or pyramid schemes. Selling goods or services without proper authorization. Running election campaigns in unsupported countries unless registered. Attempting to bypass or circumvent the designated payment methods. Collecting or providing funds for purposes other than those described in the Fundraiser. Creating or sharing content that is harmful, offensive, or promotes discrimination. Upon violation of these terms, we may without notice take action, including removing your Fundraiser, suspending or terminating your account, or reporting you to law enforcement.

User Conduct:

You agree not to use the Services to transmit or upload any User Content that:

  • infringes any intellectual property or other proprietary rights of any party;
  • you do not have the right to upload under any law or under contractual or fiduciary relationships;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • poses or creates a privacy or security risk to any person;
  • 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;
  • not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies, or regulations of the networks connected to or used to provide 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, UTMA, or UGMA 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 Charity or Fundraiser through the Services, or post User Content in any inappropriate category or area on the Services;
  • not to create any liability for GiftMeCash 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 gain unauthorized access to the Services, or any account, computer system, or network connected to the 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 of Service is expressly permitted;
  • not to 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;
  • not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; and
  • not to attempt to undertake indirectly any of the foregoing.

All Donations you make or accept through the Services, you agree and represent, warrant, and covenant:

  • 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 Government of the Federal Republic of Nigeria or as applicable in your country;
  • to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including, without limitation, adhering to any security procedures and controls required by GiftMeCash from time to time;
  • to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for GiftMeCash to verify compliance with these Terms of Service and make such records available to GiftMeCash 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 GiftMeCash's request, to cooperate as far as reasonably possible and as permitted under applicable law in the auditing of, investigation of (including, without limitation, investigations by GiftMeCash, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.

GiftMeCash reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or GiftMeCash, or that expose you, GiftMeCash, 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 policies. This information may include information about you, your account, your Donors, your Donations, and

Donor Conduct

To contribute to a Fundraiser or Charity, you, as a Donor, will need to provide information regarding your credit card or other payment method (“Payment Instrument”) linked to your GiftMeCash account (a “Billing Account”). You represent and warrant that this information is true, current, and accurate and that you are authorized to use the specified Payment Instrument. You acknowledge that a minimum Donation amount may apply and that all Donations are final and non-refundable, unless GiftMeCash, at its sole discretion, agrees to issue a refund, such as under the GiftMeCash Giving Guarantee. GiftMeCash utilizes third-party payment processing partners to process Donations through your Payment Instrument and Billing Account, and by contributing, you agree to the processing, use, transfer, or disclosure of data by these Payment Processors as per these Terms of Service and the applicable terms set by our payment partners.

Organizers, Beneficiaries, or Charities

Account Holds: Occasionally, GiftMeCash may place a hold on a Fundraiser account (“Hold”) in response to concerns about fraudulent or illegal activity or a material breach of these Terms of Service. This may include restricting Withdrawals (defined herein as the transfer of raised funds to the Beneficiary), initiating a reverse ACH transfer, securing reserves, or taking similar protective measures. Reasons for such actions include, but are not limited to: (i) information provided by an Organizer being false, misleading, or fraudulent, or funds being used in a prohibited manner; (ii) the funds needing to be provided directly to a person other than the Organizer, such as a legal beneficiary; (iii) a Fundraiser or Organizer violating these Terms of Service; (iv) suspected collusion between the Organizer and Donors to engage in fraudulent activity; (v) suspicious or fraudulent Donation activity; or (vi) compliance with a court order, subpoena, writ, injunction, or other legal requirements. For questions or resolution of a Hold on your Fundraiser account, please see this article.
Withdrawing Donations from a Fundraiser: While GiftMeCash strives to make Withdrawals available promptly, their availability depends on Users providing accurate information and on the proper functioning of legal and technical systems. You acknowledge that: (i) Withdrawals may not be immediately accessible; (ii) GiftMeCash does not guarantee the availability of Withdrawals within any specific timeframe but will use commercially reasonable efforts to facilitate Withdrawals as soon as possible; and (iii) to the extent permitted by law, GiftMeCash disclaims all liability for any delays in Withdrawals or inability to access funds, including any consequences arising from such issues. GiftMeCash will make commercially reasonable efforts to provide an estimated timeline for Withdrawals when immediate access is not possible. As an Organizer or Beneficiary, you are responsible for ensuring that the information provided for Withdrawal processing, including bank account details, is accurate and up-to-date. GiftMeCash may, at its sole discretion and without notice, issue a refund of Donation(s), potentially comprising the entire amount donated to your Fundraiser, and is not liable for any claims, damages, costs, or other consequences caused by such refunds, including transaction or overdraft fees.
GiftMeCash utilizes Payment Processors to handle Donations for your Fundraiser and subsequently deliver the funds to you. To withdraw funds from a Fundraiser, the Organizer or Beneficiary (collectively, “Withdrawing Entity”) must provide the Payment Processor with bank account information (“Withdrawing Account”). You, as the Withdrawing Entity, represent and warrant that this information is accurate and that you are authorized to use the specified Withdrawing Account. By creating a Fundraiser or accepting the role of Beneficiary, the Withdrawing Entity consents to the processing, use, transfer, or disclosure of data by the Payment Processors as outlined in these Terms of Service and any applicable terms set by the relevant Payment Processors.

Intellectual Property Rights and Use of Artificial Intelligence

Services Content, Software, and Trademarks: You acknowledge that the Services may contain content or features (“Services Content”) protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by GiftMeCash, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part, except for your own User Content that you legally upload to the Services. You are prohibited from engaging in or using data mining, spiders, robots, scraping, or similar data gathering or extraction methods in connection with your use of the Services. If GiftMeCash blocks your access to the Services (including by blocking your IP address), you agree not to circumvent such blocking by masking your IP address or using a proxy IP address. Any unauthorized use of the Services or the Services Content is strictly prohibited. The technology and software underlying the Services are the property of GiftMeCash, its affiliates, and partners (the “Software”). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, nor sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by GiftMeCash.
The GiftMeCash name and logos are trademarks and service marks of GiftMeCash (collectively, the “GiftMeCash Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks of their respective owners, who may or may not endorse or be affiliated with GiftMeCash. Nothing in these Terms of Service or the Services grants you any license or right to use any of the GiftMeCash Trademarks displayed on the Services without prior written permission. All goodwill generated from the use of GiftMeCash Trademarks benefits GiftMeCash exclusively.

Third-Party Material: GiftMeCash is not liable for any third-party content or materials (including User Content), including but not limited to any errors, omissions, or damages resulting from the use of such User Content. GiftMeCash does not pre-screen User Content but reserves the right, at its sole discretion, to refuse, remove, or allow any User Content available via the Services at any time and for any reason, with or without notice, and without liability.

User Content Transmitted Through the Services: You represent and warrant that you own or have the necessary rights to fully exploit your User Content, including copyrights, trademarks, and rights of publicity or privacy. By uploading or making available any User Content on the Services, you grant GiftMeCash and its affiliates a nonexclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to use, modify, and distribute your User Content in connection with the operation of the Services, and with your prior explicit consent, in promotional activities. If your User Content includes your name, image, or likeness, you release GiftMeCash and its affiliates from any claims related to privacy, publicity, libel, or other uses of your likeness. If your User Content includes any third-party likeness, you represent that you have obtained all necessary permissions for GiftMeCash to use the likeness as outlined in these Terms.
To the extent permitted by applicable law, you waive any right to inspect or approve intermediary or final versions of how your User Content is used. You further acknowledge that your participation in the Services and submission of User Content is voluntary, and you will not receive any compensation beyond the opportunity to use the Services.
Content Management: GiftMeCash does not guarantee the availability of any Services Content. We reserve the right, but are not obligated, to remove, edit, or block any Services Content or User Content that we deem illegal, misleading, infringing, or in violation of these Terms of Service, including in response to third-party claims or concerns about violations.

Copyright or Trademark ComplaintsGiftMeCash respects the intellectual property rights of others and expects its Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify GiftMeCash of your infringement claim following the procedure outlined below.
GiftMeCash will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), locally equivalent laws, trademark laws, and other applicable intellectual property laws with respect to any alleged or actual infringement.
To report a claimed infringement, email GiftMeCash's with the subject line: “Takedown Request.” You may also contact us by mail at the address provided on our website. Your notification must be in writing and include the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • A description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Services, with enough detail for us to locate it.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or intellectual property owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.

Artificial Intelligence

GiftMeCash is committed to developing new technologies and features to improve our Services, including the use of artificial intelligence (AI) developed by us and/or our vendors. These AI features may assist you in writing and promoting your use of our Services, such as helping you draft posts to share your campaigns. Use of these AI features is optional and offered solely as a convenience on an “as-is” basis, without any warranties.

Any output generated by AI or machine learning is probabilistic and should be evaluated for accuracy in your specific context, including through human review. Please note that AI-generated outputs may not always be unique across users, and similar results may be generated for multiple users of the Services.

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”). GiftMeCash has no control over such Third Party Resources or any products, services, or content made available through them, nor the business practices of the third parties providing these resources. GiftMeCash does not endorse, and is not responsible for, the content, functions, accuracy, legality, or any other aspect of these Third Party Resources.

You acknowledge and agree that GiftMeCash is not liable 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 through 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.

Indemnity and Release

Subject to applicable law, you agree to release, indemnify on demand, and hold GiftMeCash, its affiliates, and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), claims, actions, or injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another.

Disclaimer of Warranties

Your use of the Services is at your sole risk. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. GiftMeCash 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.

Limitation of Liability

To the fullest extent permitted by applicable law, you expressly understand and agree that neither GiftMeCash nor its affiliates will be liable for any: (i) indirect, incidental, special, consequential, punitive, or exemplary damages; (ii) damages for loss of profits; (iii) damages for loss of goodwill; (iv) damages for loss of use; (v) loss or corruption of data; or (vi) other intangible losses.

Arbitration Clause & Class Action Waiver

You agree that all disputes between you and GiftMeCash, including its officers, directors, or employees acting in their official capacities, will be resolved by binding, individual arbitration. This includes disputes related to these Terms of Service, your use of the Services, and/or rights of privacy and publicity.

By agreeing to these Terms, you expressly waive your right to a trial by jury and the ability to participate in a class action.

Any arbitration between you and GiftMeCash will be governed by the Nigerian Arbitration Act. To initiate arbitration, you must first send a written notice of the dispute (“Notice of Arbitration”) to the other party by certified U.S. Mail or Federal Express (signature required). GiftMeCash's current address for notice is: [insert GiftMeCash address].

TERMINATION

GiftMeCash reserves the right to suspend or terminate your account or access to the Services, in whole or in part, at any time in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service. GiftMeCash may also remove and discard any User Content or data without liability to you or any third party for any claims, damages, costs, or losses resulting from such action, to the extent permitted by applicable law.

USER DISPUTES

You are solely responsible for your interactions with other Users in connection with the Services. GiftMeCash will have no liability or responsibility for any disputes that arise between you and other Users. While GiftMeCash reserves the right to intervene, it has no obligation to become involved in disputes between Users.

GENERAL

These Terms of Service constitute the entire agreement between you and GiftMeCash, governing your use of the Services and superseding any prior agreements between you and GiftMeCash regarding the Services. Additional terms may apply when you use affiliate or third-party services, content, or software.

For all users, these Terms of Service are governed by the laws of the Federal Republic of Nigeria. Disputes not subject to arbitration will be submitted to the personal and exclusive jurisdiction of the Federal High Court of Nigeria.

The failure of GiftMeCash to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the parties agree that the court should give effect to the parties' intentions as reflected in the provision, and the remaining provisions will remain in full force and effect.

Except where prohibited by law, any claim or cause of action related to your use of the Services or these Terms must be filed within one year after such claim or cause of action arose, or it will be forever barred. A printed version of this agreement and any notices given in electronic form will be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms without the prior written consent of GiftMeCash, but GiftMeCash may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. GiftMeCash's failure to enforce any of its rights does not constitute a waiver of those rights. Section titles are for convenience only and have no legal or contractual effect.

To the extent permitted by law, GiftMeCash may provide notices to you via email, regular mail, or by displaying notices or links generally on the Platform. GiftMeCash may assign its rights or delegate its obligations without notice to you in connection with corporate changes such as mergers or acquisitions.

Nothing in these Terms prevents GiftMeCash from complying with the law. GiftMeCash is not liable for delays or failures to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargos, government actions, health threats, strikes, or shortages of resources.