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Terms & Conditions

1. Introduction

1.1 Migfunder.com provides a platform for migrant organisations, public agencies, NGOs (including international organisations), and individuals who have registered with Migfunder.com to raise funds for development, humanitarian and research initiatives in support of migrant and refugee communities worldwide, as well as for the creation of migrant start-ups. In order to facilitate this process, we provide an online platform through which Project Owners can raise finance for their Projects and Project Backers can make Pledges for Projects on terms agreed between them, subject to these Terms and Conditions.

1.2 The Migfunder.com website and the services provided through it are operated and owned by Migfunder Limited. Migfunder Limited is a private limited company incorporated in England under Company Number 9772520. Registered Office address: 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, England.

1.3 The terms and conditions set out below govern your use of the Migfunder.com website and your relationship with Migfunder.com and Migfunder Limited. If you do not agree to these Terms and Conditions, do not register on or use this website.

1.4 Our Privacy Policy also forms part of these Terms and Conditions. By agreeing to these Terms and Conditions you also agree to the way we use and protect your personal information

1.5 These terms and conditions relate solely to Migfunder Ltd’s and Migfunder.com’s operations as a platform which facilitates the contribution of donations towards projects as a result of which a reward may or may not be offered. Migfunder Ltd may in the future offer regulated investments through a separate section of the platform which will be subject to separate terms and conditions.

1.6 (i) We/us/our – operators and owners of Migfunder Limited

  • (ii) You/your – those who visit the migfunder.com site including project owners and project backers and any organisation for which you are acting when using, registering, backing or creating a Project on migfunder.com
  • (iii) Website – www.migfunder.com
  • (iv) Project Owners – those who are seeking to raise funds
  • (v) Project – the fundraising project put forward by a project owner
  • (vi) Project Goal – the aim of the project
  • (vii) Project Backers – those who contribute funds in support of a project
  • (viii) Pledges – the contributions made by project backers
  • (ix) Funding target – the minimum total value of pledges
  • (x) Fundraising period – the maximum period during which pledges can be made towards a project
  • (xi) Total pledges – the total value of pledges (excluding cancelled pledges) that a project has received at the end of the fundraising period
  • (xii) Users – those who visit the migfunder.com site including project owners and project backers
  • (xiii) Full Funding– where the project owner only receives the funds raised if the target set by the Project owner is met. If the target is not met, funds are returned to the project backers.
  • (xiv) Flexible Funding – where the project owner keeps all of the funds raised
  • (xv) Overfunding – where the funds raised exceed the target which has been set
  • (xvi) Rewards – gifts, services or experiences provided by the Project Owner to the Project Backer(s) to thank them for their pledges

2. Modifications

2.1. Migfunder.com reserves the right to change these Terms and Conditions at any time. Any changes will be posted on our website and your continued use of our website after changes have been posted online constitutes your acceptance of the Terms and Conditions as modified.

3. Privacy

3.1 Migfunder complies with the Data Protection Act 1998, the Privacy and Electronic Communications (EC) Regulations 2003 and all guidance and/or codes of practice issued by the UK Information Commission. Migfunder Limited is registered with the Office of the Information Commissioner (Registration Number ZA152713). Please read our Privacy Policy for further details.

4. Availability

4.1 We will take all reasonable steps to ensure the availability the website but,Migfunder does not accept liability arising from any errors, omissions, interruptions of service or delays that may occur in connection with this website.

4.2 We reserve the right to change, suspend or discontinue the Migfunder.com website and/or the services we provide through it at any time and for any reason without incurring any liability.

5. Creating an Account

5.1 Project owners and Project Backers who wish to use the website will be required to create a username and password. This information is personal, not transferable and must not be shared with any other person. You will be responsible for all information and activity on this websiteand compliance with these Terms and Conditions by anyone using your username and password. You are responsible for keeping your registration detail up to date. If you become aware of any unauthorised use of your details please inform us immediately.

5.2 We reserve the right not to act on your instructions if we have reason to believe that they have not been authorised by you and/or to suspend or close the account if we believe that it is being used without your authority, in a fraudulent way or in breach of these Terms and Conditions.

5.3 You must ensure that all information supplied by you is true, accurate, and up-to-date at all times.

5.4 You agree to use this Site only for lawful purposes and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of the site by any third party.

5.5 You are solely responsible for any information submitted by you to this Site. You hereby agree that any content posted by you on the Site will not:

(ii) break any law or encourage an illegal act;

(iii) be defamatory, abusive or offensive;

(iv) infringe the copyright, privacy, confidentiality or other right of any third party;

(v) contain software viruses or any other computer code, files or programs designed to affect theuse of any computer software or hardware or telecommunications network; and/or

(vi) bring Migfunder or the Migfunder website into disrepute.

5.6 You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it.

5.7 You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of this Site.

5.8 Users of this Site in jurisdictions outside the UK should be aware of, and observe, all applicable legal requirements in their jurisdictions.

6. Project Owners

6.1 Projects seeking to raise funds for a business start-up may only use the Full Funding option. Projects seeking to raise funds for development, humanitarian and research initiatives in support of migrant and refugee communities will automatically be treated under the Flexible Funding option.

(ii) Projects that relate to a political or terrorist cause.

(iii) Projects relating to a criminal investigations or activities.

(iv) Projects which contain or relate to offensive material, including but not restricted to pornographic material. Migfunder.com reserves the right to decide what is offensive in this context.

6.3 Once you have submitted your Project details for posting you cannot change its Project Goal, the Funding Target or the Fundraising Period.

6.4 You may post updated content and other material related to your project.

6.5 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 Project at any time and for any reason. In particular, Projects or Pledges that are flagged to us as fraudulent by Backers or our third party payment providers will be subject to review. If we find fraudulent Pledges have been made to your Project, we will cancel those Pledges and the details of the associated Backer from your Project Profile Page. If, in our sole discretion, we determine your Project 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 as a result of us taking any of the actions in this paragraph.

7. Fees

7.1 No charge is made for publishing a Project on Migfunder.com. Nor is there a charge where the Project Owner has selected the Full Funding option and the Funding Target is not reached.

7.2 Under the Full Funding scheme, if your Project does not reach its Fundraising Target by the end of the Fundraising Period, any Pledges made by Backers for the Project will be cancelled and you will not be entitled to receive any funds in respect of them.

7.3 Under the Flexible Funding payment scheme, any Pledges made by Backers for the Project will be processed and the funds minus our fees and charges as set out in paragraph 7.4 of these Terms and Conditions will be given to the Project Owner irrespective of whether your Project reached its Fundraising Target by the end of the Fundraising Period.

7.4 If a Project reaches or exceeds your Funding Target or is raising funds under the Flexible Funding scheme, at the end of its Fundraising Period, the following fees will be deducted from the Pledges received for your Project before they are distributed to the Project Owner:

  • (i) 5% of the Total Pledges received from Backers for your Project; and the following payment processing costs:

7.5 In making a payment through a Payment Provider you will be subject to the Terms and Conditions set by the Payment Provider.

7.6 In receiving a payment as a Project Owner or a reward as a Project Backer, you will be solely responsible for any VAT, sales or other taxes applicable under the jurisdiction in which you are located or established.

7.7 We shall have no liability to a Project Owner for a failure to receive funds if a Project Backer cancels, withdraws or otherwise and for whatever reason fails to make the payment pledged.

7.8 In accepting these Terms and Conditions Project Owners agree to:

(ii) comply with all applicable laws and regulations in relation to your Project, your use of Pledges and offer of and fulfilment of Rewards;

(iii) 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 Migfunder.com, the Pledges you receive and the Rewards you offer; and

(iv) not take (or refrain from taking) any action or make any business or other decision in reliance on having your Project posted on Migfunder.com or on having any funds from Pledges until you have the received clear funds into your bank account.

7.9 Migfunder reserves the right to agree a different fee structure with a Project Owner solely at its own discretion

8. Project Backers

8.1 The maximum amount per donation is EUR 2,000.

8.2 You may cancel a Pledge without charge at any time before the end of the Funding Period for a Project, whether it has reached its Fundraising Target or not. If you do so, you will not be eligible to receive any Rewards that may be offered in relation to your Pledge.

8.3 If a Project for which you have made a Pledge is not deemed funded by the end of the Fundraising Period and is under the Full Funding scheme, your Pledge will be cancelled automatically. If you have already paid your Pledge by PayPal then you will receive a full refund of your Pledge including any PayPal fees.

8.4 You may not cancel your Pledge once a Project’s Fundraising Period has ended if at the end of that period the Project is deemed funded. This does not affect your statutory or legal rights.

8.5 In accepting these Terms and Conditions, Project Backers confirm that they have sufficient funds available to meet the cost of any Pledge they make; that the amount they pledge is affordable for them; that the use of any funds to make a Pledge is lawful; and that they are aware of the risks associated with making a Pledge as described in the section 8 below.

9. Risk

9.1 We do not routinely verify the identity of anyone who registers on our website nor do we routinely check the information they provide about their Project, the Rewards offered or themselves. We do not provide any guarantee or warrantyregarding the identity of the Project Owners or Project Backers or that the information provided by the Project Owner, the project description or any other material that appears on the Migfunder.com website is accurate,complete or true. Nor do we provide any guarantee, warrantee or other undertaking that the funds provided by Project Backers will be used solely for the purpose as described and stated by the Project Owner; or that the Project will meet its objectives; or regarding the quality of any rewards offered by the Project Owner. You accept that Migfunder does not bear any liability for any loss which incurred as a result of the acts or omissions on the part of any Project Owner or Project Backer.

9.2 Any information posted via the functionality available on Migfunder.com is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk.

9.3 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on Migfunder.com and you should not rely on it being accurate, truthful or complete.

9.4 We are not responsible for verifying the ownership of any content posted or uploaded onto Migfunder.com.

9.5 Any posting of comments or information on Migfunder.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.

9.6 You acknowledge that Migfunder.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.

9.7 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.

9.8 If you decide to access any of these third-party websites, you do so entirely at your own risk.

9.9 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.

9.10 In common with most other websites of this type, Migfunder is not authorised or regulated by the Financial Conduct Authority in relation to these activities and operations in facilitating the contribution of donations towards projects and there is no recourse to either the Financial Ombudsman Service or the Financial Services Compensation Scheme.

10. Rewards

10.1 Rewards associated with Projects are supplied by the Project Owner to the Project Backers directly and are entirely a matter between the Project Owner and Project Backer. Migfunder makes no representations or warranties regarding the appearance, quality, adequacy or suitability of such Rewards.

11. General Provisions

11.1 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, Migfunder.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 Migfunder.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.

11.2 You agree only to use Migfunder.com in accordance with these Terms and Conditions. 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 and Conditions or any liability we incur as a result of the use of Migfunder.com by you and any other person that uses your account with your permission or as a result of your negligence.

12. Severability

12.1 If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions will not be affected and shall remain in force.

13. Entire Agreement

13.1 These Terms and Conditions govern our relationship with you and represent our entire agreement with you.

14. Waiver

14.1 If you breach these Terms and Conditions and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date.

15. Language

15.1 These Terms and Conditions 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 and Conditions will be concluded in English.

16. Territory

16.1 Migfunder.com is controlled and operated from the United Kingdom. If you choose to access Migfunder.com from outside the United Kingdom, we make no representation that the content and operation of Migfunder.com will comply with local laws. It is entirely your responsibility to ensure that in all respects you comply with all local laws and we cannot advise on such matters. Furthermore, in line with Paypal regulations, campaigns cannot be posted, nor funded, from the following juridisctions: India, Malaysia, Singapore and Taiwan. Visitors from these countries will be denied access to the platform.

17. Governing Law and Jurisdiction

17.1 Any disputes or claims between us arising out of or in connection with these Terms and Conditions or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.

18. Disputes

18.1 A dispute arises between us out of or in connection with these Terms and Conditions we will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.