Date of Last Revision: November 21, 2022
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THOSE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE.
PLEASE NOTE THAT THIS WEBSITE DOES NOT OFFER REGULATED INVESTMENTS. THEREFORE, IT IS NOT AUTHORISED OR REGULATED BY THE SECURITIES EXCHANGE COMMISSION OF TRINIDAD AND TOBAGO. AS WITH ALL REWARDS BASED CROWDFUNDING, THERE IS NO RECOURSE TO THE FINANCIAL OMBUDSMAN SERVICE.
Terms and Conditions
Subject to these Terms and Conditions, as amended from time to time (“Terms and Conditions”), Island Innovations Limited provides its services to you through its InvestinmeTT website (collectively, with any new features and applications, the “Platform”) and related services” (collectively, with any new features and applications, the “InvestinmeTT Services”). If you are a Campaign Owner (as defined below), Beneficiary (as defined below) to a Fundraiser Campaign (as defined below), comment contributor, or Funder (as defined below) (collectively referred to herein as a “User”) located in Trinidad and Tobago or by extension any other country located in any part of the four global hemispheres, you will be contracting with InvestinmeTT, #26 Maraval Road, Port of Spain, Trinidad, for the purposes of the following Terms and Conditions. Unless specifically indicated otherwise, for purposes of the following Terms and Conditions, “InvestinmeTT,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING INVESTINMETT SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any given time and without notice. When we do this, we will post the revised Terms and Conditions on this page and will indicate the date of such revision. Any such changes will become effective 24 hours, (1) day after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms and Conditions governing the Disputes section shall be made as specified therein.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms and Conditions. To the extent allowed by law, the English version of these Terms and Conditions is binding and other translations are for convenience only. If you do not wish to accept the new Terms and Conditions, you may discontinue your use of the Services.
In addition, when using the Services, you will be subject to any additional applicable policies, found on our platform, including, without limitation, the Privacy Policy. To review the Privacy Policy please refer to https://www.investinmett.com/privacy. All such terms and policies are hereby incorporated by reference into these Terms and Conditions (provided, however, these Terms and Conditions will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.
ACCESS AND USE OF THE SERVICES
InvestinmeTT Services Description
The InvestinmeTT Services are offered as a platform to allow users of the Services, who will be regarded as “Campaign Owners”, and financial contributors who will be considered “Funders”, and other “Users” who simply interact with the Platform or Services. For purposes hereof, the term “Campaign Owners” is solely used to classify entrepreneurs who are business owners seeking the acquisition of “Funding” through a fundraising campaign. These individuals will be considered the designated “Beneficiary” of a Campaign. Among other features, the Services are designed to allow a user in this case (a “Campaign Owner”) to post a campaign (“Fundraiser Campaign”) to the Platform to accept monetary funding (“Funding”) from those users wishing to contribute funds to the campaign (“Funders”).
Payment Processor
InvestinmeTT is not a payment processor and does not hold any funds. Instead, InvestinmeTT uses third-party payment processing partners (“Payment Processor”) to process contributions to a Fundraiser Campaign. You acknowledge and agree that the use of Payment Processors is integral to the Services we provide and that we exchange information with Payment Processors in order to facilitate the provision of Services.
Applicable Fees
Although there are currently no fees to Campaign Owners to set up a Fundraiser Campaign, it has been determined by InvestinmeTT that Campaign Owners MUST commit to an initial contribution of 5% of the total value of the Fundraiser Campaign being posted by the Campaign Owner. The Campaign Owner will become eligible for a total refund of three percent (3%) of initial contribution, if the campaign has failed to achieve its stated Funding Goal by the end of the Fundraiser Campaign expiration date. The additional two percent (2%) of the initial contribution is determined to be non-refundable and will be applied to InvestinmeTT’s Service Fees. Furthermore, please be advised Service Fees apply to each Fundraiser Campaign (hereinafter and on the website referred to as “Service Fees”), as well as “Processing Fees” which includes voucher, credit card and debit card processing charges, that are deducted from each Funding transaction(hereinafter and on the website referred to as “Processing Fees”) and Transaction fees (hereinafter and on the website referred to as “Transaction Fees”). To learn more about the Platform and the applicable Service Fees, Processing Fees and Transaction Fees, please review InvestinmeTT “Platform Fees” section below.
Charitable Giving
You understand and acknowledge that we are not a charitable organization, notwithstanding any Campaign Owners that may qualify as an organization approved as a Charitable Body by the President of Trinidad and Tobago under Section 6 (1) (g) of the Corporation Tax Act Chap.75:02. As used in this Agreement, the term “Campaign” does not refer to a charity, and you acknowledge that contributions to Campaigns are not deductible under this jurisdiction’s applicable tax laws and regulations at this time.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charity
The Services are an administrative platform only InvestinmeTT facilitates the Fundraiser Campaign of the Campaign Owners and allows Funders to make financial contributions (Funding) to the Fundraiser Campaign, but is not a party to any agreement between a Campaign Owner and a Funder. InvestinmeTT is not a broker, agent, financial institution, creditor or insurer for any user. InvestinmeTT has no control over the conduct of, or any information provided by a Campaign Owner or any other User. InvestinmeTT hereby relinquishes any claim of responsibility and disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by InvestinmeTT relating to the Services is for informational purposes only, and InvestinmeTT does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Fundraiser Campaign, Fundings, Funders, Users or any products, services, information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
InvestinmeTT has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser Campaign will obtain a certain number of contributions or any Funding at all. We do not personally endorse any Fundraiser Campaign, Campaign Owner, User and we make no guarantee, explicit or implied, that any information provided through the Services by a User is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser Campaign. You, as a Funder, must make the final determination as to the value and appropriateness of contributing to any User, Campaign Owner or Fundraiser Campaign. Please be advised that all Fundings are at your own risk and when you make a contribution or fund a Campaign or otherwise through the Services, it is your sole responsibility to understand how your financial contributions (Fundings) will be used. InvestinmeTT is not responsible for any offers, promises, rewards or promotions made or offered by Campaigns or Campaign Owners. We assume no responsibility to verify whether the Fundings are used in accordance with any applicable laws such responsibility rests solely with the Campaign Owner, as applicable. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. Therefore, if any User has reason to believe that a Campaign Owner is not raising or is misusing the funds, or is involved in fraudulent activity and is in breach with applicable law and these Terms and Conditions please notify us immediately by sending an email to [email protected]. We will investigate and inform the relevant authorities if the alleged incident is deemed factual.
No Solicitation
The Platform is offered to help Campaign Owners raise funds. InvestinmeTT merely provides the technology to allow Campaign Owners to connect with Funders. The existence of the Services is not a solicitation of financial contributions by InvestinmeTT, and InvestinmeTT does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that InvestinmeTT shall not be responsible for the use of your financial contributions or the amount of funds raised for the User or Fundraiser Campaign.
Campaign Owner
You, as a Campaign Owner, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive reasonable Users; (ii) all Fundings contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with all applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; (v) you will not infringe the rights of others; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize InvestinmeTT, and InvestinmeTT reserves the right to, provide information relating to your Fundraiser Campaign to Funders and Beneficiaries of your Fundraiser Campaign or law enforcement or to assist in any investigation.
Registration Obligations (Funders must also be registered)
You will be required to register with InvestinmeTT in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the ‘Services’ registration form. In order to submit a proposed Project or Fund a Fundraiser Campaign you must register and select a password and user name.
You must not create or use a user name which:
- is the name of another person with the intention of impersonating that person;
- is subject to any rights of any other person without appropriate authorization; or
- we deem offensive or unsuitable.
Campaign Owners must register using their true identities, including their name, registered business certificate information whether sole proprietor or limited liability, any image or video purporting to depict the Campaign Owner or additional beneficiaries of such campaign, address and personal contact information. You agree to keep registration information current and up to date.
We may refuse to register or may cancel a user name and may disable any user name or password, at any time, if you have breached the Terms and Conditions. You must not use another person’s account and must not allow another person to use your account. You must keep your password confidential. To the extent permitted by applicable law, you are responsible for all use of this website which occurs under your account or password. If you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner, you must notify us immediately by email to [email protected]
If you are under the age of 18 years, you are not authorized to use our ‘Services’, with or without registering. Certain aspects of our ‘Services’ may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors) in order to utilize such ‘Services’. You may not use the payment services for any different purpose than as registered with our application. If InvestinmeTT at any time discovers that the information you provided about you or the purpose of your Fundraiser Campaign is incorrect or changed without informing us or violates any of these Terms and Conditions herein, your access to these services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in such cases be payable by you. InvestinmeTT has partnered with these “Payment Processors” to help facilitate an online payment system for all Users however InvestinmeTT has no relationship with any “Payment Processors” and cannot validate these third-party nonbank payment gateways and their creditworthiness therefore we disclaim any responsibility or liability for the performance by such third parties. Our Payment Processors may, in their sole discretion, require underwriting on any account, and you agree to cooperate with all underwriting requests. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services) as set out in our Privacy Policy.
Your right to use this website will cease immediately if you breach our Terms and Conditions.
Taxes
InvestinmeTT does not withhold funds for tax purposes or otherwise, it is the Users sole responsibility to determine what, if any, taxes apply to the Fundings you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify InvestinmeTT of any unauthorized use of your password or account or any other breach of security, and (ii) sign out from your account at the end of each session when accessing the Services. InvestinmeTT will not be liable for any loss or damage arising from your failure to comply with this Section.
reCAPTCHA
The Platform uses the reCAPTCHA product to provide an added level of security. reCAPTCHA is subject to the Google Privacy Policy and Terms and Conditions.
GoogleMaps
The Platform uses the Google Maps feature and content, which is subject to the then-current versions of the (a) Google Maps/Google Earth Additional Terms and Conditions at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
Modifications to Services
InvestinmeTT reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason with or without notice and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Public Content
- Public Content; Public Display of Information and Fundings. Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Users or recipients) (“User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your “User Profile” may be displayed to other Users to facilitate User interaction within the Services. For example, as an Campaign Owner, you might post your personal data, which data might be considered sensitive data. In addition, as a Funder, you have the option to publicly display your personal information when committing to Funding a Fundraiser Campaign for all to see, including on search engines (like Google and Yahoo). To keep the details of your Funding private from the general public, click the “Make me anonymous” checkbox during the Funding process on the Checkout page. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
- Other Information. Please be advised that User Content and other information, solicited or unsolicited, that you provide to InvestinmeTT may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (b) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (c) you agree that InvestinmeTT will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Other Information; (e) to the extent necessary, you hereby grant to InvestinmeTT a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against InvestinmeTT and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
You acknowledge and agree that InvestinmeTT may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of InvestinmeTT, its Users or the public.
Third-Party Communications
If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser Campaign or Funding), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by InvestinmeTT to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
Promotions on the Platform
You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (“Promotion”) on or through the Services. InvestinmeTT reserves the right to suspend, cancel, or discontinue any Fundraiser Campaign conducted via the Services at any time if determined in its sole discretion that such a Fundraiser Campaign or Campaign Owner is explicitly or implicitly offering a Promotion in contravention of these Terms and Conditions.
Data Retention and Storage
You acknowledge that InvestinmeTT has no obligation to you to retain data relating to any account or Fundraiser Campaign. You acknowledge that InvestinmeTT reserves the right to establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained, data deleted or account terminated. You agree that InvestinmeTT has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded through the Services. You acknowledge that InvestinmeTT reserves the right to terminate User accounts or Fundraiser Campaigns that are inactive for an extended period of time provided that InvestinmeTT will make reasonable efforts to notify the Campaign Owner before terminating an inactive Fundraiser Campaign that has a positive account balance. You further acknowledge that InvestinmeTT reserves the right to change these general practices and limits at any time, in its sole discretion.
Mobile Services and Text Messages
The InvestinmeTT Services include certain features that may be made available via a mobile device, including the ability to (a) upload User Content to the Platform, (b) browse the Platform, and (c) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, through your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account and matters we deem necessary by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your InvestmentTT account information to ensure that you receive your messages and your message are not sent to the person that acquires your old number.
PROHIBITED CONDUCT: Conditions of Use
Campaign Owner: You are solely responsible for compliance with all applicable law in relation to your Fundraiser Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. This “content” may be described as but not limited to all Fundraiser Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials. You agree to fully cooperate with any request by InvestinmeTT for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms and Conditions.
The following are examples of the kind of User Content and/or use that is illegal or prohibited by InvestinmeTT. This list is not exhaustive and InvestinmeTT reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and any local and/or applicable international agencies and reserve the right to remove any Fundraiser Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms and Conditions. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any such Fundraiser Campaign, freeze or place a hold on contributed funds, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree to not use the Services to or in connection with any of the following activities or items, including by establishing or contributing to any Fundraiser Campaign with the implicit knowledge or express purpose relating to or promoting any of the following:
A:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- User Content or Fundraiser Campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- the raising of debt or equity funding for any incorporated for-profit entity for which the raising of such funds could be construed to be governed by the Securities Act, 2012, the Securities (Amendment) Act, 2014 and/or the Securities (General) By-Laws, 2015;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), Promotions involving monetary rewards, including gift cards, or sweepstakes;
- User Content that reflects or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
- the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by InvestinmeTT;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Fundraiser Campaign;
- publication of User Content (such as mug shots), where we deem, in our sole discretion, that the primary purpose of posting such User Content is to cause reputational harm;
- the sale or resale of a good or service;
- resale of government offerings without authorization or added value;
- the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- the unauthorized sale or resale of brand name or designer products or services;
- the sale of goods or services that are illegally imported or exported;
- processing, where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- the collecting or providing of funds for any purpose other than as described in a Fundraiser Campaign description;
- to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means. Any other activity that InvestinmeTT may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any other activity that InvestinmeTT may deem, in its sole discretion, to be unacceptable.
to transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of InvestinmeTT, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose InvestinmeTT or its users to any harm or liability of any type;
C.
to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
D
not to harvest, collect or publish personally identifiable information of others;
E
not to raise funds for a minor
F
not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
G
not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party.
not to create any liability for InvestinmeTT or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
I.
not to engage in any conduct that, in InvestinmeTT’s sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Services;
not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising campaign activities in accordance with these Terms and Conditions is expressly permitted;
not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
- not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Fundings you make or accept through the Services, you agree:
A.
not to make or accept any Funds that you know or suspect to be erroneous, suspicious or fraudulent;
B
not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
C
to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by InvestinmeTT from time to time;
D
to maintain a copy of all electronic and other records related to Fundraiser Campaigns and Fundings as necessary for InvestinmeTT to verify compliance with these Terms and Conditions, and make such records available to InvestinmeTT upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
E
at InvestinmeTT’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by InvestinmeTT, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser Campaign or Funding to which, you are connected.
InvestinmeTT reserves the right to refuse, condition, or suspend any Fundraiser Campaign or Fundings or other transactions that we believe in our sole discretion may violate the Terms and Conditions or harm the interests of our Users, business partners, the public, or InvestinmeTT, or that expose you, InvestinmeTT, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Funders, your Fundings, and transactions made through or in connection with your use of the Services.
PAYMENT PROCESSORS
InvestinmeTT uses Payment Processors to manage ALL financial transactions between you the “User” and the platform. All “Users” utilizing InvestinmeTT’s “Services” are required to create a personal account with our premium Payment Processor “WiPay” to process Funds which includes the receipt, contribution, transfer or withdrawal of funds issued through InvestinmeTT platform. In order to withdraw funds from a Fundraiser, a Campaign Owner or, if not the same, Beneficiary (collectively “Withdrawing Entity”) may be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and InvestinmeTT that such information is true and that you are authorized to use the applicable Withdrawing Account.
By setting up a Fundraiser Campaign or accepting the role of Beneficiary to a Fundraiser Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms and Conditions as well as any and all applicable terms set forth by the applicable Payment Processors.
Fundings
In order to financially contribute to a Fundraiser Campaign, a Funder will be required to be registered and provide InvestinmeTT information regarding his/her voucher number, debit card or credit card or other payment instruments, including cash, (“Payment Instrument”) that is linked to the Funder’s account (a “Billing Account”). You, as a Funder, represent and warrant to InvestinmeTT that such information is true, current and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum “Transaction Fee” amount may apply and that all Funding payments are final and will not be refunded unless InvestinmeTT, in its sole discretion, agrees to issue a refund. InvestinmeTT uses third-party payment processing partners to bill you through your Payment Instrument and/or Billing Account for any Fundings made. Funders acknowledge that financially contributing to a Fundraiser Campaign inherently warrants that the Funder agrees to the processing, transfer or disclosure of data by the Payment Processors pursuant to these Terms and Conditions as well as any and all applicable terms set forth by our payment partners. Our current Payment Processors include: WiPay, Inc. (WiPay’s Terms and Conditions), Stripe, Inc. (Stripe’s Terms and Conditions), and PayPal, Inc. (PayPal’s Terms and Conditions).
Account Hold (Transfer Funds Restrictions)
From time to time, InvestinmeTT may, in its sole discretion, may restrict a transfer of funds to a Campaign Owner account (a “Hold”), restricting Withdrawals (defined herein) by a Campaign Owner. Some of the reasons that we may take such actions include, but are not limited to our belief or determination, in our sole and absolute discretion, that: (i) information provided by a Campaign Owner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Campaign Owner(such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Owner), (iii) if the Fundraiser Campaign or Campaign Owner has violated these Terms and Conditions, or (iv) if InvestinmeTT determines that the Campaign Owner is colluding with Funders to engage in fraudulent activity or (v) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign Owner account, or need information about how to resolve the Hold, please contact us at [email protected].
Rewards
Rewards are not intended to be items available for purchase and InvestinmeTT cannot guarantee the delivery of Rewards in any way. Campaign owners are obligated to deliver on their reward promises to their Funders in a reasonable time otherwise they will be found in breach of our Terms and Conditions.
Withdrawing Fundings after Successful Campaign
You, as a Campaign Owner (or, as applicable, the beneficiary designated by the Campaign Owner), may withdraw Fundings by sending an email request to [email protected] to make a full amount withdrawal of Fundings to your Campaign only when your Fundraiser Campaign has reached its stated goal. Your request will then be processed following which the Campaign Owner will receive an email confirmation of his/her request and advised on the estimated timeframe for payment and the information required to receive payout. All Funds will be transferred to Campaign Owner personal or business WiPay account less any service fees, processing fees, transactional fees and applicable fees to the account. Please be advised that your account may be subject to any Holds that we or our payment partners may place on your Campaign Owner account. While InvestinmeTT strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and InvestinmeTT does not guarantee that Withdrawals will be available to you within any specific time frame, and InvestinmeTT expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Owner, are responsible for ensuring that the information you provide to InvestinmeTT in order to process your Withdrawal request, is accurate and up to date. InvestinmeTT may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. InvestinmeTT is not responsible for any consequences caused by InvestinmeTT issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that InvestinmeTT is not liable to compensate you in any way for any loss.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Intellectual Property Rights
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by InvestinmeTT, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by InvestinmeTT from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of InvestinmeTT, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by InvestinmeTT.
The InvestinmeTT name and logos are trademarks and service marks of InvestinmeTT (collectively the “InvestinmeTT Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to InvestinmeTT. Nothing in these Terms and Conditions or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of InvestinmeTT Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of InvestinmeTT Trademarks will inure to our exclusive benefit.
Third-Party Material
Under no circumstances will InvestinmeTT be liable in any way for any content or materials of any third parties (including Users and Campaign Owners) or any User Content (including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that InvestinmeTT does not pre-screen content, but that InvestinmeTT and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services. Without limiting the foregoing, InvestinmeTT and its designees will have the right to remove any content that violates these Terms and Conditions at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services
With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant InvestinmeTT and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless InvestinmeTT and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of InvestinmeTT in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or InvestinmeTT’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms and Condition), or for no reason at all, and (ii) remove or block any Services Content or User Content from the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to InvestinmeTT are non-confidential and InvestinmeTT will be entitled to the unrestricted access, use and dissemination of these information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that InvestinmeTT may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of InvestinmeTT, its users or the public.
Payment Card Industry Data Security Standard
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, InvestinmeTT, through its payment processing partner(s), is PCI DSS compliant and expects its payment processing partner(s) will maintain all applicable PCI DSS requirements to the extent that its payment processing partner(s) possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Copyright Complaints
InvestinmeTT respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify InvestinmeTT of your infringement claim in accordance with the procedure set forth below.
InvestinmeTT will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to InvestinmeTT at [email protected] (Subject line: “IP Takedown Request.)
To be effective, the notification must contain the following information:
- your address, telephone number, and email address;
- a physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim
has been infringed;
- a description of where the material that you claim is infringing is located on the
Services, with enough detail that we may find it on the Services;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property owner
or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, InvestinmeTT will send a copy of the counter-notice to the original complaining party, informing that person that InvestinmeTT may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy
In accordance with applicable intellectual property laws, InvestinmeTT has adopted a policy of terminating, in appropriate circumstances and at InvestinmeTT’s sole discretion, users who are deemed to be repeat infringers. InvestinmeTT may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Websites/Services
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). InvestinmeTT has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and InvestinmeTT is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that InvestinmeTT is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that InvestinmeTT will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third-Party Resources, and you agree that InvestinmeTT is not liable for any loss or claim that you may have against any such third party. As an example of this, if you use the Platform through your mobile device, and you upload a video to a Fundraiser Campaign, that video will be uploaded using YouTube, and subject to the YouTube Terms and Conditions. And you agree that InvestinmeTT is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify on demand and hold InvestinmeTT and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Funding or Campaign, any User Content, your connection to the Services, your violation of these Terms and Conditions or your violation of any rights of another. Regardless of your jurisdiction you waive any comparable statute or doctrine which expressly or implicitly indicates that a general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with a debtor.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INVESTINMETT AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INVESTINMETT AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER INVESTINMETT NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF INVESTINMETT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INVESTINMETT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID INVESTINMETT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED TRINIDAD AND TOBAGO DOLLARS (TT$100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Disputes
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waver
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The Arbitration Process
Any dispute arising out of the use of the Services, which cannot be amicably settled by informal negotiation or discussion after twenty (30) business days from the commencement of such informal negotiation or discussion, will be referred to arbitration at the Dispute Resolution Centre Trinidad and Tobago. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the lesser between: (i) the amount awarded by the arbitrator and the written settlement amount offered by us; or (ii) $5,000.00 Trinidad and Tobago Dollars (TTD).
Modifications to this Arbitration Provision
If we make any future change to this arbitration provision, of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
PLATFORM FEES:
Service Fees
InvestinmeTT’s Service Fees for providing and maintaining this platform is 2% on the gross amount of funds donated by Funders. The “Service Fee” will be applied to Campaign Owners when fundraiser campaign has achieved its funding goal or has reached its expiration date. The Service Fee allows for withdrawals/payouts to Fundraiser Campaigns Owners to be paid within a reasonable time period.
Expedited Service Fee
Campaign Owners can also request their withdrawals to be expedited, which would allow for the withdrawal/payout to be paid within two business days for an additional fee of 3% on the gross amount of funds issued by Funders above the Service Fee. The net effect of the Expedited Service Fee would be an aggregate fee of 5% on the gross amount of funds donated by Funders to a Fundraising Campaign.
Debit/Credit Card Processing Fee
For customers using Credit Cards, there is a WiPay processing fee of 3.5% + USD$0.25 of the purchase value, which is deducted upon confirmation of purchase. If your account is USD approved, customers will be charged USD $1.00 + 3% of the purchase value. If not, their cards will be charged accordingly and the currency will be converted to TTD. Please be advised that WiPay will be solely responsible for facilitating these payments as a Service on the platform.
WiPay Voucher Processing Fee
InvestinmeTT is Not Responsible For, Nor Do We Reserve Nor The Following Transaction Fees
- Voucher Processing Fee: For each voucher purchased, there is a processing fee of 1.5%. This is WiPay’s Voucher top up fee, therefore if you wish to purchase a voucher at any authorized WiPay location (https://www.wipaycaribbean.com/topup-location), you will need to purchase a voucher that reflects a value of your intended financial contribution in addition to 1.5% of the processing fee. This fee is applied when you purchase the voucher. After you have purchased your WiPay Voucher you can enter the 12-digit Voucher Number into the voucher field on the Investinmett.com Checkout Page and submit it for payment.
If the final funding amount for a campaign has failed to meet its stated funding goal due to but not limited to lack of Funders, Fundings, refunds, account holds etc. by the campaign’s end date InvestinmeTT has determined that all Funders are obligated to be refunded with their initial Funding contribution minus 2% service fee + 3% processing fee within twenty one (21) business days post failed campaign end date.
Campaign Owners will not be entitled to any of the Funds contributed by Funders if Campaign has failed to meet its stated funding goal by the campaign end date. However, Campaign Owners will be entitled to refunds of 3% of the initial contribution made by Campaign Owner upon project start up. The additional 2% will be withheld for Service Fees.
Transaction Fees
All transactions between InvestinmeTT and Campaign Owners or Funders are provided through the Services of WiPay Payment Solutions Limited, a member of the FinTech Association of Trinidad and Tobago and a registered payment gateway service provider that secures all funds within the framework of existing regulated financial institutions. WiPay Payment Solutions Limited will be solely responsible for all financial transactions being conducted on InvestinmeTT website as a Service. WiPay Payment Solutions Limited will deliver the WiPay platform, a payment gateway solution to facilitate and manage all fund transfers between InvestinmeTT WiPay account to/from Funders/Campaign Owners’ personal or business WiPay accounts. Transaction fees are solely at the discretion of WiPay and are free of charge at this time for transfers between Wipay accounts. For any additional service rates please contact WiPay Payment Solutions Limited at https://wipaycaribbean.com/contact.
Payment Disclaimer
InvestinmeTT expressly disclaims any and all liability or responsibility whatsoever with respect to using the WiPay Services you access to interact with InvestinmeTT website platform, including, but not limited to any information displayed or distributed on/ by the payment gateway, deficiency in services of WiPay, failure / disruption / inability to access the WiPay services, failure to process funds through an Internet medium, WiPay voucher system or debit/credit card payment system, refunds/withdrawals, technical errors, loss or theft of data, erroneous submission of data or information, or any virus, malware or phishing attacks, whether or not resulting from any act or omission of InvestinmeTT or any other party involved in the functioning of the InvestinmeTT Website or in the services contained therein. Your usage of WiPay is strictly subject to your compliance of the applicable laws, regulations and all applicable terms & conditions set out by WiPay therefore you fully agree to hold InvestinmeTT blameless for any and all issues resulting from the use and interaction of WiPay services through InvestinmeTT website.
Payment Dispute Fee
In the event that a Funder raises a dispute on a financial contribution (Funding) made to a Campaign due to the belief that the payment was made in error or they suspect it is fraudulent thus requesting a refund payment before the Campaign has achieved its goals, in addition all Fundings have not been paid out, a 2% payment dispute fee will be applied to the total amount being requested by the Funder and the stated value will be withheld from the Campaign Owner’s Payout Value and transferred to the Funder’s WiPay account. In the event that this Payment Dispute is raised after The Campaign has/has not met its goals and all proceeds of a Campaign have been paid out, the “Campaign Owner” AND the “Funder” agrees to release, indemnify on demand and hold InvestmentTT and its affiliates and their officers, employees, directors and agents harmless from any responsibility of recourse to recover any Funding from the once Campaign Owner. InvestinmeTT is not liable for any claims that are made arising out of or relating to your use of the Services after all “Fundings” have been paid out.
Confidentiality
All parties agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
Termination
You agree that InvestinmeTT, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Disputes
You agree that you are solely responsible for your interactions with any other User in connection with the Services and InvestinmeTT will have no liability or responsibility with respect thereto. InvestinmeTT reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.
General
These Terms and Conditions constitute the entire agreement between you and InvestinmeTT and govern your use of the Services, superseding any prior agreements between you and InvestinmeTT with respect to the Services. You also may be subject to additional Terms and Conditions of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms and Conditions will be governed by the laws of Trinidad and Tobago without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and InvestinmeTT agree to submit to the personal and exclusive jurisdiction of courts located within Trinidad and Tobago. The failure of InvestinmeTT to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms and Conditions without the prior written consent of InvestinmeTT, but InvestinmeTT may assign or transfer these Terms and Conditions, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links to notices generally on the Platform. InvestinmeTT may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms and Conditions shall prevent InvestinmeTT from complying with the law. InvestinmeTT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.
Privacy Policy
At InvestinmeTT, we respect the privacy of our Users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge InvestinmeTT’s collection and use of personal information as described in the Privacy Policy.All:h