Date of posting: 17th September 2024
Contents
A. Introduction
1. Welcome
2. Accessing and using https://amrefinance.com/
3. Your privacy
4. Account Registration
B. Creating Campaigns, Offering Donations and making Donations
1. Our role
2. Campaign Creators
3. Backers
4. Other important terms
C. General provisions
1. Our content
2. Third-party software
3. Links
4. Promises, liability and disclaimer
5. Indemnity
6. Copyright Complaints
7. General complaints and requests for further information
8. Written communications
9. General
10. Changes to these Terms and to https://amrefinance.com/
11. Contact us
A. Introduction
This section contains information about our website and the impact funding platform we provide. It also explains how to access and register on the website and provides links to our policies and guidelines. These apply to your use of this website including the types of content you are permitted to post, the types of campaigns and related Donations we allow you to offer and what we do with any personal information we collect as you use this website.
Please note that we do not offer regulated investments through the platform. Therefore, we are not authorised or regulated by Rwanda's Capital Market Authority. This is a donation-based impact funding platform and hence there is no recourse to any Financial Ombudsman Service or any Financial Services Compensation Scheme.
1. Welcome
1.1. Welcome to the AMRE Finance platform. The https://amrefinance.com/ website and all other websites in the AMRE Finance family of websites and the services provided through them (collectively, “https://amrefinance.com/”) are operated and owned by AMRE Finance Ltd (“we”, “us” or “our” as appropriate). For further information about us and our contact details, please visit the About Us and Contact Us pages on our website.
1.2. We may make our services available through several channels. They are currently available through https://amrefinance.com/ and this is hereinafter referred to as the platform.
1.3. To make these Terms quicker to read, we use a few key definitions: we refer to community members (as defined below) that are seeking to run a fundraising campaign on the platform as “Campaign Creators”, their impact funding projects as “Campaigns”, the aims of a Campaign as its “Campaign Goal”, Community Members that support those Campaigns by contributing funds as “Backers”, their contributions as “Donations”, the minimum total value of donations sought by a Campaign Creator for a particular Campaign as the “Funding Goal”, the maximum period for which Donations can be made for a Campaign as the “Campaign Period” and the total value of Donations (excluding cancelled Donations) that a Campaign has received at the end of the Campaign Period as “Total Funding Raised”. Community Members and other visitors to https://amrefinance.com/ are referred to as “Users” or “you”, as applicable.
1.4. We provide a platform for “Community Members”, which consists of individuals and organisations, to raise funds for approved campaigns that benefit a community in any country in Africa or an African community in the diaspora.
1.5. This Terms of Use policy is organised into 5 sections. Our Campaigns and Donations Guidelines form part of the terms and conditions that are incorporated in the contract between us (collectively, the “Terms”) so please take the time to read them.
1.6. You will see that each section of these Terms of Use begins with a ‘highlighted’ text box that summarises the key terms in that section. These highlights are an informal summary and do not form part of the contract between us.
1.7. Please read these Terms carefully before you start to use https://amrefinance.com/, as they will govern your use of https://amrefinance.com/, the Campaigns and Donations that you respectively create and make as a Campaign Creator, and the Donations you make as a Backer, as well as the content you post as a Community Member. We recommend that you print or save a copy of these Terms for future reference.
1.8. By using https://amrefinance.com/, you confirm that you accept these Terms and that you agree to comply with them. If you are using https://amrefinance.com/ in connection with your organisation, the terms 'you', 'your' or 'your organisation' in these Terms are also a reference to the business, charity institution, or other organisation or entity (“Business”) on whose behalf you act when using, registering, backing, or creating a Campaign on https://amrefinance.com/. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use, and/or contribute any content to https://amrefinance.com/ or interact with its Community Members.
1.9. If you have any queries or concerns regarding these Terms, please contact us using the details on our contact page of the website.
2.1. Anyone can access https://amrefinance.com/. However, to register a campaign and become a Campaign Creator or make a donation as a Backer you will need to register as a Community Member by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the age at which you are legally recognised as an adult in your jurisdiction and there must be no reason why you should not be in contact with any other Community Members. To create an account, please go to the Register/Sign-in page. To receive funds raised from Campaigns, Campaign Creators must have a bank account in the name of the legal entity that ran the fundraising campaign. To make a Donation, Backers will require a valid payment method acceptable to us.
2.2. You are not eligible to use https://amrefinance.com/ if we have suspended or previously terminated your access to https://amrefinance.com/ and we have not expressly authorised you in writing to resume using https://amrefinance.com/.
2.3. We try to always make https://amrefinance.com/ available, but, of course, we cannot guarantee this. Please see further paragraph 4 of Section C, Promises, liability and disclaimer regarding the availability of https://amrefinance.com/.
3. Your privacy
We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.
4. Account Registration
4.1. You can sign up and create your account on the Register/Sign-in Tab on the top right hand of our website. You can also create an account with https://amrefinance.com/ by linking your Facebook account using the ‘Continue with Facebook’ facility on the Sign-Up page. Whether using the standard registration process or registering using Facebook, you will be asked to confirm your acceptance of these Terms.
4.2. You must make sure that all the information you provide when you register with https://amrefinance.com/ is true, accurate, current, and complete.
4.3. If you change any of your registration details (e.g., email address, phone number), you must update your account.
4.4. To help us maintain the security of https://amrefinance.com/, you, and any person with whom you share your login details, must keep your login details confidential. Please do not share your login details with any person you do not know and trust or who is not involved in your Campaign (nor leave your device unattended whilst logged into https://amrefinance.com/) as you will be held responsible for all activities that occur on your account (with or without your knowledge) because of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
4.5. In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to https://amrefinance.com/ and/or to any content made available on https://amrefinance.com/.
4.6. You can request deletion of your account at any time if there is a pending transaction on your account such as an active Campaign, or an expired campaign with pending donations on it. If you are a backer, even if you delete your account, if you did not back a campaign anonymously, your name will still feature as a donor to all active and expired campaigns you have backed in the past.
4.7. We reserve the right to delete your account at any time.
B. Creating Campaigns, offering Donations, and making Donations
This section sets out the terms that apply to the projects that you create and the Donations you offer or the Donations or other contributions you make in support of projects running a fundraising campaign on the platform.
1. Our role
1.1. What we do
1.1.1. We provide an ‘online marketplace’ and platform through which Community Members can run a fundraising campaign for their social impact projects and backers can make Donations to those campaigns. By providing this platform, together with impact funding tips and guidance, which we offer through our virtual incubator, we facilitate agreement between Campaign Creators and Backers for Donations, subject always to these Terms of Use or ‘ground rules’ that we put in place to act as safeguards for the benefit of all Community Members.
1.1.2. Although we may from time to time agree to promote and advertise certain Campaigns or help to raise awareness of their Campaign Goals, we will not be involved in the management of or use of Donations in relation to a Campaign nor will we directly offer Donations ourselves.
1.2. What we don’t do
1.2.1. Other than as mentioned above, we do not have any involvement in any arrangements Community Members make with each other through https://amrefinance.com/. We therefore do not accept any responsibility for the nature or quality of a Campaign or any Donations or returns, nor do we promise that any Community Member, whether Campaign Creator or Backer, will do as they promise. The arrangements you make are solely private and the contracts relating to Campaigns and/or Donations are made directly between the individual parties concerned. Accordingly, when using https://amrefinance.com/, you take full responsibility for your arrangements with other Community Members whom you contact and the nature, terms, and extent of your arrangements with them and obligations to them.
1.2.2. We do not verify the identity of anyone who becomes a Community Member, except in the case of approved campaigns that have achieved their fundraising goals, nor the information they provide about their Campaign, the Donations offered, or themselves. We cannot therefore give any guarantee that any of the Community Members are who they say they are or that the information they provide is accurate, complete, or true. Consequently, we make no recommendations or representations in relation to any Community Members or their Campaigns.
2. Campaign Creators
2.1. Creating and updating Campaigns
2.1.1. Once you have registered as a Community Member, you can create and post details of your Campaign to a publicly accessible web page on https://amrefinance.com/ (“Campaign Profile Page”) using the functionality we provide.
2.1.2. We have specific rules regarding the types of Campaigns that you can post on https://amrefinance.com/. Please see our Campaigns and Donations Guidelines which contain these rules and form part of our Terms.
2.1.3. You may not raise funds via another online impact funding or similar platform (whether website or app) during the Funding Period of your Campaign and all Donations from Community Members must be made through https://amrefinance.com/. Otherwise, unless we specifically agree on an exclusive arrangement with you in writing, you are not obliged to raise funds for your Campaign exclusively via https://amrefinance.com/ which means you are free to raise funds using other means and channels and sources of finance.
2.1.4. Although we recommend you have no more than one active Campaign at any one time, we permit you to post as many active Campaigns as you like.
2.1.5. There is no limit on the Funding Goal you select for each Campaign. If you are an organisation that is registered for VAT, please take this into account when calculating the Funding Goal for your Campaign.
2.1.6. When submitting details of your Campaign, you will be presented with three funding options or Campaign Types, as follows:
2.1.6.1. Normal (Ends on End Date Reached) - The fundraising campaign ends on the campaign end date
2.1.6.2. Ends on funding goal achieved - The fundraising ends when the funding goal is achieved.
2.1.6.3. No end date - The fundraising campaign will run indefinitely on the platform, and we will transfer funds raised monthly to the campaign. This option applies mainly to long-term social impact projects carried out by large organisations
2.1.7. The minimum funding Period that you can choose for your Campaign is 90 days.
2.1.8. Your Campaign may take up to 3 working days before it goes live, and your Campaign Profile Page is made available on https://amrefinance.com/. From time to time, our incubator support team may contact you to provide ‘freemium’ guidance to build a compelling fundraising Campaign and offer marketing and compliance support. Please note that the incubator support programme provides general guidance and information only and we will not be liable to you in connection with the Campaign performance or compliance, which all remain solely your responsibility.
2.1.9. Once you have submitted your Campaign details for posting, you can no longer edit, withdraw or delete the Campaign. However, if you are using the No End Date option, you may withdraw a Campaign at any point by advising us in writing. Once you have done so, you will be entitled to any Donations made to your campaign at the time you withdraw.
2.1.10. You may post content and other material (e.g., promotional material such as a video containing your Campaign) and post Campaign updates to keep Backers updated on the performance of your Campaign.
2.1.11. We reserve the right but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. Campaigns or Donations that are flagged to us as fraudulent by Backers or our third-party payment providers will be subject to review. If we find fraudulent Donations have been made to your Campaign, we will cancel those Donations and remove the details of the associated Backer from your Campaign Profile Page. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur because of us taking any of the actions in this paragraph 2.1.12. We reserve the right to pass on the cost of chargebacks to you.
2.1.12. If the fundraising campaign comes to an end without the Campaign raising any funds or raising very little funds, you may request in writing to us to extend the funding period or you may choose to create a new and improved Campaign for the same impact project and submit it for publishing on the platform.
2.2. Offering Rewards
2.2.1. We do not provide funds for Campaigns and/or offer Rewards to Community Members. However, in return for your charitable donation to a Campaign, we issue a certificate of recognition called the AMRE which states the amount of AMRE Points or tokens you got from your donations. The AMRE is not a reward or a promise of a reward.
2.2.2. Campaigns are not allowed to offer rewards on https://amrefinance.com/ unless pre-approved by us in writing. Should a campaign promise rewards, we reserve the right to suspend the campaign and the creator and refund any funds donated to the campaign backers.
2.2.3. If the total Donations meet or exceed the Funding Goal at the end of the fundraising campaign. the installment due to Campaign Creators will be transferred to Campaign Creators within one week of completion of the due diligence review.
2.2.4. If the total Donations fall short of the Funding Goal but are above 50% of the Funding Goal, we reserve the right to extend the fundraising campaign and remit a first tranche of the fund already raised to the creator, subject to the creator passing the due diligence review, with the expectation that the campaign will raise more funds to eventually achieve its funding goal. If the total Donations fall short of the Funding Goal but are below 50% of the Funding Goal, we reserve the right to either returned to the backer’s AMRE Pot for donation to another campaign of their choice. If the backer cannot find another campaign to donate the funds to, we shall refund the donation to them.
2.2.5. Please note that the above timescales are estimates only and there may be a delay between achieving your funding goal, passing the due diligence review, and remitting the funds. All amounts transferred from Donations to Campaign Creators will be calculated in accordance with paragraph 2 of this Section B.
2.2.6. Where possible, we strive to hold funds donated to campaigns in USD. Where funds cannot be held in USD due to cross-border transfer issues and banking controls, we will hold funds donated in the currency in which the payment provider remits the funds to us. Similarly, when it comes to remitting the funds to a campaign, it will be either done in USD, where possible, or in another more cost-effective currency.
2.3. Donations
2.3.1. In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel, or refund any Donations or other amounts without giving any notice to you and do so without incurring any liability to you.
2.3.2. Once a fundraising campaign ends and funds have been remitted to a campaign by us, the Campaign Creator will be responsible for refunding any amounts to Backers. Donations for Forever Funding Campaigns cannot be canceled.
2.3.3. We are not financial, tax or accounting advisers and you should not rely on information in these Terms or that otherwise appears on https://amrefinance.com/ to determine the financial, tax or accounting treatment of any Donations you receive using the platform. Please seek advice from an appropriately qualified professional if you are unsure with respect to any of these matters.
2.4. Communicating with Backers and Personal data we share with you relating to Backers
2.4.1. We may make available to you via your account or another part of https://amrefinance.com/ details of each Backer that makes a Donation to your Campaign which may include personal data relating to those Backers (including their name, email address, date, and amount of their Donation and any comments they make). You acknowledge that your processing of that personal data during and after the Impact funding Period including during your Campaign (e.g., to keep in contact with Backers about the progress of your Campaign and your achievements) is processing for which you determine the purpose and means, independently of us. As a result, for data protection and privacy laws, you are a separate controller of that personal data when using it for your purposes and shall ensure you comply with all such laws in relation to the use of that information. You shall ensure you do not contact individuals with any marketing materials without consent where such consent is required by law.
2.4.2. We may make available functionality within your account that allows you to send emails or messages to Backers. To the extent that we are, for the purposes of data protection law, a processor of the personal data we process when you use this functionality, the terms of our Data Processing Addendum will apply.
2.5. Campaign Creators’ Obligations
2.5.1. As a Campaign Creator, you shall:
a) apply any funds you receive from Backers solely and directly to implement the underlying impact project for which the fund raising campaign was made and in line with the implementation plan stated in the campaign;
b) meet all commitments you make;
c) use all reasonable endeavours to implement the project within the target completion date specified by you on the applicable Campaign.
d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications, or requests made by us and/or any Backer;
e) comply with all your obligations as a ‘controller’ of personal data under applicable data protection and privacy laws, including by providing appropriate privacy information to the Backers whose information you receive through https://amrefinance.com/.
f) promptly contact and work with Backers to reach a mutually satisfactory resolution, which may include refunding their Donations if you are unable to implement the project as stated in the campaign;
g) comply with all applicable laws and regulations in relation to your Campaign, your use of Donations, and fulfillment of all other campaign promises;
h) be responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of https://amrefinance.com/ and the Donations you receive;
i) where you have received any Donations, be responsible for issuing refunds of Donations to and responding to requests for refunds of Donations from, Backers;
j) Not take any action or make any business or other decision in reliance on having your Campaign posted on https://amrefinance.com/ or on having any funds from Donations until you have received clear funds into your bank account; and
k) provide all assistance and cooperation required by us from time to time, including by providing copies of any records or information you hold, in respect of any regulatory investigation, audit, or inquiry.
3. Backers
3.1. Types of contribution
3.1.1. Backers can contribute to a Campaign by:
a) making a Donation, liking a campaign, leaving a review; and/or
b) offering their time and skills to a Campaign Creator by chatting with them on https://amrefinance.com/. If you offer your time and skill, you do so at your own risk and will be solely responsible for any arrangements you make with Campaign Creators in connection with the provision of the services that you offer.
3.1.2. You acknowledge that your contribution (whether financial or otherwise) does not entitle you to any rights in or to any Campaign, including any ownership, control, or intellectual property rights.
3.1.3. If for whatever reason your Donation is canceled or refunded, the refund will be made less the AMRE Finance Commission and any remittance charges deducted by the money transfer company. The AMRE Finance commission is currently 5% of the total donation amount and it is used to maintain the platform. We reserve the right to change the commission rate without prior notice to the backer or creator.
3.2. Making a Donation.
3.2.1. Once you have registered as a Community Member, you can make a Donation by visiting the Campaign Profile Page of a Campaign, selecting the amount you wish to contribute then selecting your payment method and submitting payment.
3.2.2. Your username will be made publicly available in connection with each Campaign for which you make a Donation under the ‘Backers’ tab of the Campaign Profile Page unless you choose to make a Donation anonymously. If you do make an anonymous Donation, although your details will not be published on https://amrefinance.com/, your details will still be shared with the relevant Campaign creator.
3.3. Reward
3.3.1. If you wish, you may make a Donation and elect not to receive the AMRE in return for your charity. If you elect not to receive the AMR, it will be issued to us by default.
3.3.2. Payment methods
3.3.3. Once you have confirmed the amount you wish to donate, you will be prompted to choose to pay via one of our third-party payment providers, banks, PayPal, Mobile Money, Debit Card, etc. Any personal information you provide to third-party providers will be processed in accordance with its privacy policies and not ours. Please see our Privacy Policy for further details regarding your personal information and the third-party service providers that we use.
3.3.4. When you donate to a campaign, we hold it in trust in a secure bank account until the campaign qualifies to receive the funds donated. We are responsible for distributing funds to Campaign Creators and for issuing refunds insofar as the funds have not yet been remitted to the Campaign.
3.4. Reversing a Donation
3.4.1. You may not be able to reverse a Donation on any campaign at any time before the end of the fundraising, whether it has reached its Funding Goal or not.
3.4.2. You may not cancel your Donation once a fundraising Campaign has ended. This does not affect your statutory or legal rights. Please see further paragraph 4.1 of this Section B, The Contract between Campaign Creators and Backers.
3.4.3. Once your Donation has been distributed to a Campaign Creator, the Campaign Creator shall be solely responsible for issuing, and responding to requests for, any refunds of Donations. We shall not be liable for any Campaign Creators’ failure to issue any refunds of Donations to you.
3.5. Backers’ Obligations
3.5.1. As a Backer, you shall:
a) ensure that you have sufficient funds or credit available for payment of the Donation;
b) comply with the terms and conditions for the payment processing services provided by our third-party payment providers and
c) ensure that any funds used to make Donations will not result in a breach of applicable law.
3.6. Tax Incentive on Donations
3.6.1. In certain jurisdictions, Donations to Registered Charities may qualify for tax incentives. It is the responsibility of the backer to check the eligibility of their Donations made through the AMRE Finance platform to such incentives in their jurisdiction of tax residence.
3.6.2. We are not financial, tax, or accounting advisers and you should not rely on information in these Terms or otherwise on the platform to determine the financial, tax, or accounting treatment of any Donations that you make using https://amrefinance.com/. False or otherwise incorrect tax credit declarations may affect your personal tax liability. Please consult an appropriately qualified professional before making any such declarations if you are unsure.
4. Other important terms
4.1. The contract between Campaign Creators and Backers
4.1.1. The contract relating to the provision of funds from Donations and the fulfillment of Campaign promises is made solely between a Campaign Creator and Backers, subject always to these Terms. By making a Donation, a Backer is making an offer to enter a contract with the applicable Campaign Creator.
4.1.2. The following steps have to take place before a contract is made between the Backer and the Campaign Creator:
a) after signing into their account the Backer makes a Donation by clicking the Back A Campaign button and completing the payment process on the chosen payment gateway. Before making their Donation, the Backer will have the opportunity to review the Donation amount and any related campaign and, if necessary, to amend these details; and
b) the Backer will see an on-screen acknowledgment of their Donation and receive an email confirming details of the Donation made to the email address provided by the Backer.
4.1.3. Once the funding goal is met, the creator will be required to pass the due diligence review. Once the creator passes the due diligence review and the funds are transferred to the creator, a binding contract is made between the creator and all the backers who donated to the campaign.
4.2. Interest on Donations
4.2.1. Any interest on Donations or other funds held in trust by us shall accrue to our benefit and neither Campaign Creators nor Backers shall be entitled to such interest in relation to distributed funds or refunded Donations.
4.3. Publication and sharing of personal information relating to Backers with Campaign Creators
4.3.1. Unless you have selected the anonymous donation option, we publish the username of each Backer on the Campaign Profile Page. Please see our Privacy Policy for further details.
C. General provisions
This section sets out the terms that apply to everyone who uses https://amrefinance.com/.
1. Our content
1.1. All of the content on https://amrefinance.com/ is owned by (and all copyright, trademark, and other intellectual property rights in that content shall always remain our property or our licensors and is protected by Rwanda and international copyright and other intellectual property laws.
1.2. Our content includes any information or other material found on or via https://amrefinance.com/, including without limitation text, databases, graphics, videos, software, and all other features found on or via https://amrefinance.com/.
1.3. We make https://amrefinance.com/, our content and any User Generated Content available through https://amrefinance.com/ for your personal, non-commercial use only You may view https://amrefinance.com/ ’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy, distribute, or use any of the content on https://amrefinance.com/ without our prior written consent.
1.4. To be clear, you are not in any circumstances permitted to:
1.4.1. make commercial use of any such content except in the case of your own User Generated Content which you may use to provide information in connection with your Campaign on the Campaign Profile Page and/or your Business (if applicable);
1.4.2. edit any such content; or
1.4.3. remove, obscure, or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within the content.
1.4.4. The trademarks, logos, and brands appearing on https://amrefinance.com/ are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
2. Third-party software
2.1. You acknowledge that you may need to download and activate certain software to use certain content available on https://amrefinance.com/. This software will be identified on https://amrefinance.com/.
2.2. To use such third-party software or technology, you may have to accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
3. Links
3.1. You acknowledge that https://amrefinance.com/ may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2. We do not therefore endorse, or make any representations about them, any content found there, or any results that may be obtained from using them.
3.3. If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.4. If you use any linked websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.
3.5. You may only link to https://amrefinance.com/ provided that:
3.6. the homepage is not loaded into frames on your website unless we expressly agree; and
3.7. your site or services do not misrepresent its relationship with us present false information about us or otherwise harm our business or conflict with our interests or values;
3.8. We reserve the right to withdraw linking permission at any time without prior notice.
4. Promises, liability and disclaimer
4.1. We promise that we will operate https://amrefinance.com/ with reasonable skill and care. Otherwise, the content and services available on https://amrefinance.com/ are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to paragraph 4.2 and paragraph 4.3 of this Section C, we disclaim any and all promises, warranties, conditions, or representations relating to https://amrefinance.com/ and its content, whether express, implied, oral or written. In particular:
4.1.1. We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on https://amrefinance.com/ and you should not rely on it being accurate, truthful or complete.
4.1.2. We are not responsible for verifying the ownership of any content posted or uploaded onto https://amrefinance.com/.
4.1.3. Any posting of comments or information on https://amrefinance.com/ is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4. We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
4.1.5. You agree that your access and use of https://amrefinance.com/ and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on https://amrefinance.com/ is used. The content and information that we make available on https://amrefinance.com/ is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on https://amrefinance.com/ or of making any decision or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on https://amrefinance.com/.
4.1.6. By using https://amrefinance.com/ you acknowledge and accept the inherent risks, characteristics, and limitations of the internet, particularly in terms of technical performance of https://amrefinance.com/, response times to view, verify, or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
a) We do not make any promises about the availability or accessibility of https://amrefinance.com/ or promise that your access to https://amrefinance.com/, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
b) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on https://amrefinance.com/. It is your responsibility to make backup copies of any of the content you post, upload or publish on https://amrefinance.com/ and we strongly recommend that you do so;
c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, https://amrefinance.com/ or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of https://amrefinance.com/ is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
d) Whilst we hope that you will find the websites linked to on https://amrefinance.com/ of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2. If you are dealing with us and Campaign Creators as a Community Member, you have certain rights, including in relation to the campaigns lodged by Campaign Creators. Nothing in these Terms will reduce these legal rights.
4.3. There are certain liabilities that we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
4.4. for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
4.5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.6. We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 9.3 of this Section C).
4.7. Subject to paragraph 4.3 of this Section C:
4.7.1. IF YOU ARE A COMMUNITY MEMBER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
4.8. IF YOU ARE A CAMPAIGN CREATOR THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR
b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,
IN EACH CASE FOR (a) AND (b), HOWEVER ARISING; AND
c) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE PROJECT TO WHICH YOUR CLAIM RELATES.
5. Indemnity
5.1. You agree only to use https://amrefinance.com/ in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any User Generated Content that you post to https://amrefinance.com/ or any actions you take which disrupt access to and/or the functioning of https://amrefinance.com/ ) or any liability we incur as a result of the use of https://amrefinance.com/ by you and any other person that uses your account with your permission or as a result of your negligence.
6. Copyright Complaints
6.1. We respect the intellectual property rights of others, and we prohibit Users of https://amrefinance.com/ from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2. It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 11 of this Section C.
6.3. Additionally, it is our policy to terminate usage rights and any applicable accounts of Community Members we determine to be repeat infringers of others’ copyrights.
6.4. Content hosted on third-party websites accessible from https://amrefinance.com/ is the responsibility of those websites and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
7. General complaints and requests for further information
7.1. We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
7.2. If you have any general complaints or wish to request further information about https://amrefinance.com/, please contact us via email or by post to the address set out under paragraph 11 of this Section C, contact us, and we will do our best to resolve these.
7.3. Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, and seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 8 weeks of the complaint being received. As Donation-based funding does not come within the jurisdiction of the Financial Ombudsman Service, you will not be able to refer your complaint to this body.
8. Written Communications
8.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using https://amrefinance.com/, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on https://amrefinance.com/. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. General
9.1. Severability: If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your User Generated Content).
9.2. Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
9.3. Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
9.4. References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
9.5. Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.6. Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
9.7. Exclusion of third-party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors.
9.8. Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
9.9. Territory. https://amrefinance.com/ is controlled and operated from the Republic of Rwanda. If you choose to access https://amrefinance.com/ from outside the Republic of Rwanda, we make no representation that the content and operation of https://amrefinance.com/ will comply with local laws.
9.10. Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the jurisdiction where AMRE Finance is incorporated. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in an authorised corporate governance institution. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of law.
10.1. We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on https://amrefinance.com/. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on https://amrefinance.com/, whichever is earlier. If you continue to use https://amrefinance.com/ after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using https://amrefinance.com/.
10.2. We reserve the right to change, suspend or discontinue the https://amrefinance.com/ website and/or the service we provide through it (including the availability of any feature, functionality database, or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of https://amrefinance.com/ without notice to you and without incurring any liability.
11. Contact us
11.1. AMRE Finance Ltd is a company incorporated in Rwanda. Our registered office is Norrsken House, 1KN 78 St, Nyarungenge, Kigali, Rwanda. Contact us via email: info@amrefinance.com
Our Rwanda Company Registration Number is 122607645