TERMS AND CONDITIONS

Last update: 07^th July 2021.

This page explains our terms and conditions of use. When you use Tallafi, you’re agreeing to all the rules below and this Terms and Conditions shall be binding between Tallafi and Tallafi users in all future relationships regarding the use of the site. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations—hence the brief summaries in these boxes, which are not part of the official legal terms.

INTRODUCTION;

Tallafi is an online platform that enables users ( people and organizations ) to campaign and raise funds for Campaigns to benefit social, community or charitable causes and also allows users to seek to raise funds for their own Donation and to contribute to the Donation of others. Tallafi (https://tallafi.ng) (the "Website") and its associated services are operated by Tallafi (RC 1828326 collectively, “Tallafi,” “we,” or “us”) These terms  ("Terms and Conditions") govern your use of the Website and its associated services. Tallafi is non-political and has no affiliations to any government agency, governments, political party, associations or groups and as such we do not support any Campaign or Donation with a political inclination.

We may change these terms from time to time. If we do, we’ll let you know about any changes, either by notifying you on the Site or by sending you an email. Please read these Terms and Conditions of service carefully. If you do not wish to be bound by these Terms and Conditions of service, you should discontinue the use or access to the Site and Services. You acknowledge and agree that you have read and understood these Terms and Conditions and you agree to be bound by these Terms of Service each time you use the Website.

1. Account Creation and Use

• You must be 18 or over to sign up for a Tallafi account. You’re responsible for your account and all the activity on it. To sign up for an account, you need to be at least 18 years old. If necessary, we may ask you for proof of age. Minors between the age of 13 and 18 years are only permitted to use Our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account.

• To use most of our Services, you will need to register and create an account with an email and password. You must provide us with accurate and complete information, and must update that information as needed to keep it accurate and complete. You may not impersonate anyone else, choose an email that may offend someone, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. You’re responsible for all the activity on your account, and for keeping your password confidential. If you suspect or discover any unauthorized use of your account, you should notify Tallafi immediately by contacting us at info@tallafi.ng. We are not responsible for any loss or damage arising from failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.

• You may submit a request to terminate your account by contacting us. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our business purposes. These Terms, including our rights to User Content, survive termination of an account. • Abide by the law and Follow policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not offer Donations that are illegal, violate any of Tallafi’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

 Do not post information you know is false, misleading, or inaccurate. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.

 Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.

 Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Tallafi or another party).

 Don’t abuse other users’ personal information. When you use Tallafi — and especially if you create a successful Campaign — you may receive information about other users, including things like their names, email addresses. This information is provided for the purpose of participating in a Tallafi Campaign: don’t use it for other purposes, and don’t abuse it.

• Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorized access to any system, data, passwords, or other Tallafi or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.

• Campaign and User KYC. Tallafi works with third parties and all legal parties to confirm your identity and campaign information but will not be liable for any inconsistency discovered during the cause of the campaign

• Third parties. Our list is inexhaustive: We use or work with services such as: verifyme.ng, zainpay.ng, quickteller.com, paystack.com among others.

• Fees. There are no fees for creating an account on the Site. Campaign Owners are charged a Service Fee as a portion of the Donations they raise. In addition, Campaign Owners are charged a transaction fee by the payment processor. Transfer fees, or bank delivery fees, are also applied each time Tallafi sends funds to a Campaign Owners’ bank account. The Service Fees and transfer fees/bank deliver fees are effective on the date that they are posted.

• Donation Settlements. Tallafi would end user campaign at the maturity of the cycle date, prepare campaign donation summary and make payouts to only listed beneficiary bank accounts. Tallafi may be unable to make payouts in compliance withany legal order governed by the extant laws of the Federal Republic of Nigeria.

2. Campaign or Donation Services

• When you create a Campaign on the Site and ask for Donations, you understand that you are entering into separate legal agreements with both Tallafi and the Donors, Tallafi is not a part of the contract between Campaign Creators and their Donors. The following rules apply (in addition to all other Terms and Additional Policies);

 Be responsive. Respond promptly and truthfully to all questions posed by Donors and any questions or requests Tallafi makes.

 All Donations are made voluntarily and at the sole discretion and risk of the Donor.

 Tallafi Does Not Guarantee that Campaigns Will Succeed or that Donations will Be Delivered or Deemed Satisfactory. By contributing to a Campaign, Donors are supporting an idea, Campaign, or cause they care about and want to help make happen. Like anyone getting in on an early-stage Campaign, Donors accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Donations, might not come to fruition. Tallafi does not guarantee or represent that Donations will be used as promised, that Campaign Owners will deliver Donations, or that the Campaign will achieve its goals. Tallafi undertakes no duty to investigate claims made by Campaign Owners. Tallafi also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, Donation or Donation, or the truth or accuracy of any User Content posted on the Services. The date to deliver a Donation is an estimate by the Campaign Owner (not Tallafi), and there is no guarantee that the Campaign Owner will fulfill and deliver the Donation by that date. No transfer of title to tangible personal property occurs through Tallafi.

 Users and campaign sponsors agree and acknowledge that all operations of Tallafi as well as this Terms and Conditions are subject to the laws of the Federal Republic of Nigeria and any other applicable international law or international best practice.

 Limited Refund. Tallafi offers a limited refund to Donors, subject to the Refund Policy, only where the Campaign has not ended, the Donor has not received a Donation (as confirmed by Tallafi), and the Donation has not been sent to the Campaign Owner. Tallafi 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 Donor may contact the Campaign Owner directly to request a refund. Tallafi has no obligation to participate or become involved in any dispute between Donor and Campaign Owner concerning a refund.

 Bank Account to Bank Account Transfer Charges. When you Contribute to a Campaign, you’re the participating and or settlement bank may apply charges. This is not within Tallafi’s control . You will be charged the amount of the Donation after you confirm and submit your bank account information

 Debit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Donation after you confirm and submit your payment information.

 Communications Between Campaign Owners and Donors. Once you have made a Donation to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as shipping address, specific preferences for a Donation (for example, color or size of a t-shirt), or may ask for feedback on the Campaign or the Donation. In some instances, to receive the Donation, you may need to provide requested information within a specific time frame to receive the Donation, not doing so may result in your forfeiting the Donation. Campaign Owners should not ask for information that is not required to fulfill a Donation, including personal information such as National Identity numbers or credit card/banking information. Please contact us here if you receive a request for information that appears to be excessive.

 Updates. Provide substantive and quality updates once in a while to Donors.

 Comply with Laws. Comply with all applicable laws and regulations in the use of Donations.

 Be Truthful and Transparent. Campaign Owners should be ready, willing, and able to substantiate claims your Campaign makes. Tallafi may terminate your account, withhold funds, or other actions to enforce its rights under this Terms and Conditions 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. This information is provided to you purely for the purpose of donations 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 Tallafi or the Service. You will maintain, and be required to produce if requested, records of all such verifiable consent.

3. False Claims and campaigns initiated based on misrepresentation

• Nothing in this Terms and Conditions precludes the right of Tallafi to cancel payouts or related settlement to a user upon discovery of false claims.

• Where Tallafi has already received donation before discovering such false claim, the donation received by Tallafi shall be returned to the donor within 3 days of such discovery.

• Where Tallafi discovers the false claim prior to receiving the donation, Tallafi shall advice the donor accordingly and shall declain receiving such donation for the benefit of the relevant user.

4. Fees and Charges

• Creating an account on Tallafi is free. If you create a Campaign that reaches its funding goal, we collect a 12% fee and our Payment Processor collect fees. Our processor’s 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’ll announce that on our Site.

• Administrative fee. For the services to be rendered, the facilities furnished and the expenses assumed by Tallafi pursuant to this Agreement, the user shall pay to Tallafi compensation of _12% of the donation. Such compensation shall accrue and become payable automatically upon receipt of the donation.

• Review of administrative fee. Users acknowledge and agree that Tallafi may periodically review the administrative fees payable to ensure that such fees are fair on a going forward basis. Such review shall be done by updating this Terms and Conditions with the new administrative fee as may be determined from time to time by Tallafi.

• Taxes. Taxing authorities may classify Donations as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Tallafi 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. Tallafi will provide Campaign Owners with a tax document if required by the relevant taxing authorities. Tallafi 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.

5. Our Role

• We do not endorse any User Content. Tallafi provides the platform for creation of Campaigns and interaction of Users. We do not screen any Campaigns or endorse any User Content on Our site. Likewise, Tallafi does not undertake any duty to investigate or guarantee the truthfulness of any claims made by Campaign Owners. You should evaluate a Campaign’s statements before choosing to back the Campaign.

• We may remove User Content or cancel Campaigns and refund Donations at Our discretion. Tallafi may remove User Content that violates the Terms at its sole discretion. Removing User Content, terminating an account, or cancelling Campaigns and refunding Donations are not actions We take lightly, and We may take a while to investigate and determine if such actions are warranted. It is at Tallafi’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. Tallafi may, but is not required to, request information from you regarding Campaigns. See section 3(j) above for more information.

• We do not guarantee Donations or Refunds. Campaign Owners bear sole responsibility for the delivery of Donations 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.

• Tallafi 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 Campaigns, and we don’t endorse any content users submit to the Site. When you use the Services, you release Tallafi 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’re solely responsible for any resulting damage or loss to any party.

6. Third party Applications

Our sites may contain links to other websites. (For instance, donation pages, user profiles, and users may post link to other sites.) Accessing third-party websites is done at a user’s risk. Tallafi doesn’t have control over those sites nor does it endorse the sites. We also partner with payment processors, both donors and donees have agreed to the payment processor’s terms of service when using Tallafi.

7. Intellectual Property

Tallafi doesn’t own any User Content, your content is strictly yours however we do have your permission to use or copy it however we need. We generally use it to promote projects and showcase our community. Submitting your content to the Site means you agree to the following terms: • You grant us and our partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right to use, exercise, commercialize, publicity, trademark, and database rights of the User Content shared with us.

• You have given us the right to make changes, edits, modifications, translations, formatting, or delete your User Content.

• You have all legal rights to your User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Tallafi with respect to your User Content; (2) your User Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) Tallafi does not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content, or have any liability to a User or any other party as a result of using your User Content.

• All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated and Tallafi is not responsible for mistakes in your Content and therefore will not be liable for any errors.

8. Downtime and Maintenance

The Site or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Site or Services are unavailable, or if you lose any data, information, or User Content for any reason.

9. Indemnity

You agree to defend, indemnify Tallafi, Our Partners, staff, representatives and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and courts costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any applicable laws.

10. Liability

Please note that you use our Services at your own risk. We make no representations about the quality, safety, morality or legality of any Campaign, Donatation or the accuracy of User Content posted on the Services. Tallafi is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between Users, or between Users and any third party relating to the use of the Services. Using our services and agreeing to our Terms and Conditions of use is releasing Tallafi from claims, damages, and demands of every kind - known and unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or related to the Services. All Content that you access or use through the Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.

11. Consent

These Terms and Conditions contain important information on the conditions of services provided by Tallafi, it also contains our privacy statement which governs the use of Tallafi. You may indicate your acceptance of these Terms and Conditions by clicking the ‘ok’ botton below.

12. Definitions

• "Campaign Owners" or "Campaigners" or “Fundraisers” are those Users who raise funds through the Site and Services;

• "Donations" are Campaign Owners’ fundraising campaigns through the Services;

• "Content" refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through the Services;

• "Contributors" or "Donors" refers to those Users contributing funds to Campaigns;

• "Donations" refers to funds donated to Campaigns by Contributors;

• "Tallafi, " "We, " "Our, " or "Us" refers to Tallafi, Inc., a Nigerian company, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;

• "Tallafi Content" refers to Content provided by Tallafi to Users in connection with the Services, including, without limitation, the software, the products and the site;

• "Infringement" refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;

• "Donations" refers to the gifts or rewards in the form of tangible items or intangible services offered by Campaign Owners to Contributors;

• "Privacy Policy" refers to Tallafi’s Privacy Policy, found at https://www.tallafi.ng/site/privacy and incorporated herein by reference;

• "Services" refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;

• "Site" refers to the Tallafi website(s);

• "Terms" or "Terms and Condition" refers the Terms of Use, Additional Policies, Tallafi’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;

• "User, " "You, " or " Your" refers to Campaign Owners, Contributors or any other visitor to the Site or Users of the Services, either individually or collectively;

• "User Content" refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.