The “Services” on Site include an online platform that provides service between Impact Businesses (IBs) and Public (Backers); that provide the opportunity and place for Impact Businesses (IBs) to market their projects, ideas, products and services with the aim to create and be part of a social impact.
The service include:
- The Site,
- The services of payment gateway, marketing platform provided by the Site,
- The software and features made available for Impact Businesses (IBs), and
- A page to read and understand the project motive of social impact for Backers.
Use of the Platform and/or Services
Secondly, Fundigo reserves the rights to delete or edit information in our Site, while information provided by Users is their responsibility. As the contents of information on their projects are provided by Users, not us.
Thirdly, Fundigo has the right to change, modify, suspend or discontinue any part of this Site or the Services that we provide at any time or upon notice as required by local laws. Fundigo reserves the rights to impose limits on certain features or restrict your access to Site or Services in its sole discretion and without notice or liability.
Lastly, Fundigo reserves the right to refuse your access to the Site, Services or open an Account for any reason.
You can browse Fundigo without registering for an account. But to use some of Fundigo’s functions, you will need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account without your permission, you should report it through our contact page.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
Links From/To This Site
Fundigo may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites. Fundigo partners with other companies (such as Stripe) for payment processing. When you back or create a project, you are also agreeing to the payment processor’s terms of service.
Fundigo isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site.
We may remove User Content that violates the Terms at its sole discretion. It is at Fundigo’s sole discretion whether to discuss the reasons for taking action against any User Content or account.
We may require you to provide information about your Campaign before disbursing funds. Fundigo may, but is not required to, request information from you regarding Campaigns.
We do not guarantee Rewards or Refunds. Campaign Owners bear sole responsibility for the delivery of Rewards and for the offering of any refunds outside our Refund Policy.
We do not provide tax or legal advice to Users. Users bear sole responsibility for determining how the applicable laws apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.
You are responsible for your Campaigns, even if you engage Our help. Fundigo may offer additional services, including helping with drafting Campaign Content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Owners. Any such services will be subject to a separate agreement between the Campaign Owner and Fundigo. Even where We help with your Campaign, Campaign Owners bear sole responsibility for the Campaign.
When you use the Services, you release Fundigo from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
If you create a project, regardless that reaches its funding goal, we collect a 10% fee and our payment partners collect fees. Our partners’ fees may vary slightly based on your location.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we will announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Fundigo isn’t responsible for its performance.
You are responsible for paying any additional fees or taxes associated with your use of Fundigo.
Your Intellectual Property
Fundigo doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
We can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote projects and showcase our community on the website. We may also recommend projects that are gaining traction as a result of their creator’s own advertising, and/or on the basis of a user’s prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website.
When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Fundigo all the license rights outlined here).
Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Fundigo’s hosting of that Content.
You promise that if we use your Content, we are not violating anyone’s rights or copyrights. If Fundigo or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You are responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated. We are not responsible for mistakes in your Content. Fundigo will not be liable for any errors or omissions in any Content.
Our Intellectual Property
Fundigo’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Fundigo grants you a license to reproduce content from the Services for personal use only. This license covers both Fundigo’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Fundigo or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
You agree to defend, indemnify and hold harmless Fundigo, Our subsidiaries and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of these terms or violation of any applicable laws. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
FUNDIGO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. FUNDIGO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FUNDIGO SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
Disclaimer and Exclusion of Liability
The Platform and its use are provided by us on an “as is, where is” and “as available” basis without warranties of any kind.
Whilst Fundigo endeavour to ensure that information and materials on the Platform are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose, error-free and, to the extent permitted by law, it does not accept any liability for any errors or omissions.
Whilst Fundigo endeavour to make the Platform available 24 hours a day, it shall not be liable for any reason the Platform is unavailable for any time or for any period. Fundigo makes no warranty that your access to the Platform will be uninterrupted, timely or error-free, or will be free of viruses, worms and/or other harmful or invasive elements. Due to the nature of the Internet, this cannot be guaranteed. In addition, Fundigo may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Further, Fundigo does not guarantee that the Platform will be compatible with all hardware and software which you may use. Fundigo shall not be liable for damage to, or viruses or other codes that may affect, any computer or phone equipment, software, data or other property as a result of your access to or use of the Platform.
Neither Fundigo nor any of its directors, officers, employees, members, representatives, affiliates, agents, parent(s), subsidiaries, successors and assigns shall be liable for any loss, expense or damages whatsoever nature and howsoever incurred or arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use the Platform (or any part thereof), reliance on the information contained in the Platform, reliance on the Platform and tools provided on the Platform, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise, even if Fundigo has been advised of the possibility of such damages or loss.
This exclusion clause shall take effect to the fullest extent permitted by law and shall apply even after you cease to access and/or use the Platform.
As a Campaign Owner, when you create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both Fundigo and with Backers, and the following rules apply (in addition to the all other Terms and Additional Policies).
- Make good faith efforts to fulfill the Rewards associated with a Campaign in the timeframe that is communicated to Backers.
- Immediately notify Backers if there are obstacles or delays.
- Be responsive. Respond promptly and truthfully to all questions posed by Backers and any questions or requests Fundigo makes.
- Updates. Provide substantive and quality updates at least once a month to Backers.
- If you have received the Contributions from your Campaign, issue refunds to Backers if you cannot deliver Rewards .
- Comply with Laws. Comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards.
- Be Truthful and Transparent. Campaign Owners should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery. If you are unable to substantiate claims, Fundigo may terminate your account, withhold funds, or other actions to enforce its rights under this Agreement and applicable law.
- Respect Privacy. When you use the Services by creating a Campaign, you may receive information about other Users, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Rewards for the applicable Campaign and other Services, and may not be used or disclosed for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User obtained independently from Fundigo or the Service. You will maintain, and be required to produce if requested, records of all such verifiable consent.
- Platform Fees. Campaign Owners are charged a Platform Fee as a portion of the Contributions they raise (the “Platform Fees”). The Platform Fees are effective on the date that the Platform Fees are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
- Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Fundigo may ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that We may report taxable income to the relevant taxing authorities. Fundigo will provide Campaign Owners with a tax document if required by the relevant taxing authorities. Fundigo is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice. The shipment of Rewards to Backers may expose Campaign Owners and Backers to sales and use tax obligations.
- Respond to Requests from Fundigo for Information about Your Campaign. Fundigo does not guarantee any Campaigns or undertake the duty to investigate or moderate any statements made by a Campaign Owner. However, Fundigo may, but is not required to and undertakes no obligation to, request information from Campaign Owners to investigate possible breaches of this Agreement. The information Fundigo may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Owner is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Owners, vendors, and suppliers. You agree that Fundigo may employ third parties to assess the documents and your Campaign. You agree to provide this information to Fundigo upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by Fundigo in writing, shall be deemed a material breach of this Agreement.
- Fundigo Reserves the Right to Withhold Funds. Campaign Owners are not guaranteed to receive Contributions made to a Campaign, even after the Campaign has ended and the fundraising goal has been reached. There may be a delay between the end of a Campaign and Our remittance of Contributions to a Campaign Owner for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, Fundigo may withhold Contributions made to a Campaign if the Campaign Owner violates any Terms (as determined by Fundigo in its sole discretion). Additionally, Fundigo may withhold funds pending the receipt and evaluation of information requested during the pendency of any investigation Fundigo may undertake into your account. If you do not provide information within the requested time or are not able to substantiate claims made in your Campaign, Fundigo may terminate your Campaign and account and avail itself of any remedies available to it under this Agreement or applicable law. Fundigo may also withhold funds from Campaign Owners for any other breach of this Agreement. Fundigo may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
- Refunds. Fundigo offers a limited refund to Backers in accordance with Our Refund Policy. Refunds outside of Our Refund Policy must be handled by the Campaign Owner, and Fundigo has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Backer. Fundigo reserves the right to terminate User Accounts and remove Campaigns for any abuse of the Refund Policy. Fundigo reserves its right to issue refunds at its own discretion outside of the Refund Policy.
- Branding Guidelines. You must follow Our Branding Guidelines if you would like to use any of our intellectual property including but not limited to things like our logo, colours, name, or registered trademark phrases in your Campaign content or related materials.
Please remember that as a Campaign Creator, you are solely responsible for fulfilling the obligations of your Campaign and delivering Rewards. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Backers.
As a Backer, when you make a Contribution to a Campaign, you understand that the following rules and Terms apply (in addition to all other Terms, including Additional Policies).
- Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Backer.
- Fundigo Does Not Guarantee that Campaigns Will Succeed or that Rewards Will Be Delivered or Deemed Satisfactory. By contributing to a Campaign, Backers are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Backers accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Rewards, might not come to fruition. Fundigo does not guarantee or represent that Contributions will be used as promised, that Campaign Owners will deliver Rewards, or that the Campaign will achieve its goals. Fundigo undertakes no duty to investigate claims made by Campaign Owners. Fundigo also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, Reward or Contribution, or the truth or accuracy of any User Content posted on the Services. The date to deliver a Reward is an estimate by the Campaign Owner (not Fundigo), and there is no guarantee that the Campaign Owner will fulfill and deliver the Reward by that date. No transfer of title to tangible personal property occurs through Fundigo.
- Limited Refund. Fundigo offers a limited refund to Backers, subject to the Refund Policy, only where the Campaign has not ended, the Backer has not received a Reward (as confirmed by Fundigo), and the Contribution has not been sent to the Campaign Owner. Fundigo does not offer refunds outside Our Refund Policy, but may do so under our sole discretion. Where refunds are not available under the Refund Policy, a Backer may contact the Campaign Owner directly to request a refund. Fundigo has no obligation to participate or become involved in any dispute between Backer and Campaign Owner concerning a refund.
- Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
- Communications Between Campaign Owners and Backers. Once you have made a Contribution to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as shipping address, specific preferences for a Reward (for example, color or size of a t-shirt), or may ask for feedback on the Campaign or the Reward. In some instances, to receive the Reward, you may need to provide requested information within a specific time frame to receive the Reward, not doing so may result in your forfeiting the Reward. Campaign Owners should not ask for information that is not required to fulfill a Reward, including personal information such as National Identity numbers or credit card/banking information. Please contact us if you receive a request for information that appears to be excessive.
- Taxes are your responsibility . Backers bear the sole responsibility for determining how to treat their Contributions and receipt of any Rewards for tax purposes. Fundigo does not offer any advice or take any responsibility for how Backers treat their Contributions or for any financial consequences arising out of such treatment.
Dispute Resolution and Applicable Law
If you have any questions or complaints, you may write to us using the “Contact Us” details on our Platform.
Fundigo makes no promise that materials on the Platform are appropriate or available for use in locations outside of Singapore and accessing the Platform from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Platform from locations outside of Singapore, you do so on your own initiative and are responsible for compliance with the local laws.
Full Agreement Between You and Us
These Terms are the entire agreement between You and Fundigo with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Fundigo with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Fundigo’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fundigo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Effective date: 01 August 2021, 12am GMT +8
Last updated version: 01 August 2021, 12am GMT +8