Terms Of Use

 

Welcome to Changisha!

This page explains our Terms of Use. When you use Changisha, you’re agreeing to all the rules and conditions on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations of what everything means.

By using this platform (the “Site”) and services (together with the Site, the “Services”) offered by Changisha, TUVIBE AGENCY (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Changisha,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site, like our fundraising tips, Campaign Handbook and rules for starting campaigns.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Changisha after a change, that means you accept the new terms.

Changisha is for your personal, non-commercial use.

 

USE OF SERVICE

Service Description:

We provide a web platform for raising funds from the public for:

  1. Individual/Organization raising fund for a project
  2. Non-Governmental Organization/ Charity
  3. Individual raising funds for personal benefit such as raising funds for events and community projects, Alumni etc.
  4. Communities/Centers – sports, health, entertainment, schools etc.

Changisha offers its Services as a platform to users of the Services, which may include Campaign Owners and Donors (each defined herein), both of which are either registered and unregistered users of the Services (which may include users who simply “donate” to or “like” Campaigns or otherwise interact with the Platform and its Services). Among other features, the Services are designed to allow a user (“Campaign Owner”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those registered and unregistered users wishing to contribute funds to the Campaign (“Donors”). For purposes hereof, the term “Campaign Owner” shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. A Campaign Owner can create multiple campaigns and run them simultaneously.

Changisha was created so that registered users can create campaigns to solicit for funds and donations for a legitimate cause covering any and every form of event, campaign category, and charitable campaigns.

We accept and process, on your behalf, donations made on the platform. Donations are processed and held in a secure account until they are paid out according to the term and conditions. No interest will accrue to any amount held before it is paid out. Only donations which you have been selected as the recipient will be credited to your Changisha account. We ensure a speedy transfer of collected donations to the NGOs/charities, Individuals and corporate bodies/companies and reported case of fraud on the platform are investigated immediately and reports are made to the appropriate authorities by us.

 

Services we offer is an administrative platform only. Changisha facilitates the Donation transaction between Campaign owners and Donors, but is not a party to any agreement between a Campaign owner and a Donor, or between any user and a Charity. Changisha has no control over the conduct of, or any information provided by, a Campaign Owner, a Charity or any other user, and hereby disclaims all liability in this regard to the fullest extent permitted by law.

All information and content provided by Changisha through the Services is for informational purposes only, and Changisha does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors, users or any products, services, information or content relating to the Services, you should consult your financial, legal advisers or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

Registration as a user and creating a campaign account is free. Although there are no fees to set up a campaign or register as a user, industry-standard payment processing fees apply to each Donation. To learn more about Changisha’s Platform and applicable payment processing fees, visit our fee and pricing policy page.

 

STARTING A FUNDRAISING CAMPAIGN

Creating a Charity Fundraising Campaign

Register as a Charity Organization/Non-Governmental Organization.

To register as Charity Organization on the Platform requires that the Charity/NGO is registered with Corporate Affair Commission, Nairobi.

The following details and documents will be required before fundraising can be enabled for the Charity Organization at campaign creation.

  • RC Number
  • A copy of Board resolution document – if your organization requires this to be in operations.
  • A copy of SCUML certification – if your organization requires this to be in operations.

Change of nominated account or address of charity can be requested by sending the following to the email –info@Changisha.com

  • Bank confirmation of Account
  • Board resolution
  • New address and old address

Note: All funds received will be held until the right documents are uploaded and details provided are verified.

All fund received after a change of account will be held until the details provided are verified. Verification will take up to 2 – 7 days before funds raised are transferred.

Creating an Individual Campaign for a cause:

Users are allowed to raise Personal Fundraising for Charity Causes, individual health fundraising, group gifts & raise funds for projects, good causes and events. Register as an individual to start a campaign.

Changisha may deem it necessary in certain cases to assign a campaign supervisor to fundraising in this category.

Fundraising for non-for-profit personal cause and events other than for health will be assigned a supervisor who will verify the Causes/projects information and also verify that the cause is legal and achievable.

Payment for the project cost of the fund raised will be supervised by the campaign supervisor.

No payment will be made to the campaign owner Personal Account except on exceptional conditions pre-agreed by the campaign supervisor and approved by Changisha.

Member can decide to close down the campaign but all donation received will be refunded to Donors via a voucher scheme.

Changisha will entertain other specially packaged campaigns/projects for Corporate Organization fundraising.

Changisha reserve the right to accept or reject any campaign that is deemed not in line with moral or societal values and applicable law.

Registration Obligations / Information Protection:

In order to access and use certain features of the Services, You may be required to register with Changisha. If you choose to register for the Services on the platform, you agree to provide and maintain accurate, true, current and complete information about yourself as prompted by the Services’ registration form. Campaign Owners must register using their true identities, including their name and any image or video purporting to depict the Campaign Owner or the beneficiary of such campaign. Every data receive on registration and certain other information about you is governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction – typically 18 years of age, you may use the Services, with or without registering, only with the approval of a parent or guardian. 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.

We ensure that all personal details collected are protected and secured at all times. Personal detail of other members or Guest Donors to your campaign will only be made available to you, if a Donor or campaign owner has chosen to allow us pass their personal data to you. You, however, agree to only use the data for the purpose consented to by the Donor or campaign owner. Any such information should and must not be shared with any third party for any purpose.

Each registered user is provided a username and password to the website and campaign portal. Members are expected to protect this information at all time; any disclosure of the account detail to 3rd party or inappropriate use of the account will be subjected to termination of the Account.

Users are not allowed to use copyrighted materials or any materials that contravene the right of any individual or organizations such as picture, trademarks or logo without obtaining permission from the copyright owner. Such material will be removed without any prior notification if found to infringe any copyright. To report copyrights infringements please send an email to complaint@Changisha.co.ke

Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account. Ensure you sign out from your account at the end of the every session when accessing the services and immediately notify Changisha of any unauthorized use of your password or account or any other breach of security. Changisha will not be liable for any loss or damage arising from users’ failure to comply with this Section.

Pay-outs/Payments

Changisha will process and hold donations received from Donors/campaign owners on your behalf.

Raised funds can be redeemed by two (2) means – Via Bank Transfer and via prepaid card. i.e. once a campaign is completed or halfway through its timeline, funds can be retrieved by transfer to campaign owner’s bank account provided at campaign creation or via prepaid card to spend funds/make transactions while the campaign is on-going/before the end of the campaign.

All cleared funds will be transferred via redemption option chosen by Campaign owner during campaign creation.

Funds raised for charity and personal cause/events are transferred non-earlier than the mid period of every Campaign duration.

Charity can initiate a payment request/transfer of funds at any time, provided the total amount exceeds 100,000 KES. The total amount raised in the campaign can be drawn.

Funds for Individual causes can only be accessed after half of the campaign duration has passed and must be indicated at the beginning of the campaign creation as payout date.

All payment will be made to the M-Pesa or Bank Account nominated at the start of the campaign.

No interest will be payable on the funds raised for the period of the campaign or at any time during or after the fundraising. Any Interest received as a result of fund in the bank will be used by Changisha to improve and provide better services to you.

Bank Charges and service fees

Card payment handling charges will be deducted from any donation raised.

For every bank transfer at payout request at the end of a campaign between 5% fee is charged the campaign owner.

For every transfer to prepaid card, a 3% fee is charged the campaign owner.

The Card payment handling fee covers the cost incurred for processing the Card payments by the payment processor e.g Interswitch. The fee is 5%.

Foreign Donation or Payment may incur Currency exchange fee, this fee will also be deducted from the donation as part of the bank fees.

You authorize Changisha to make the necessary deductions from the donation to cover the Transaction and Bank Fees, Prepaid Card and delivery fees for users who have selected that option together with any other fee payable for the use of the service.

A detailed breakdown of fees is available on the fee page and subject to updates.

Disclaimer and limitation of liability

Changisha shall, within all reasonable care, provide an easy to use fundraising platform that will receive donations and render such payment to you subjected to payout/payment section.

You, however, agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the website and its associated services is at your sole risk. Changisha does not guarantee continuous uninterrupted access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control.

Changisha shall undertake general maintenance and upkeep of the website, during this period the website and its associated services may not be available for use.

Changisha reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services. We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Changisha will not be liable to its users for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.

Changisha may change the format, layout or content of the Website at any time, with the addition or removal of functionality as it deems necessary for the improvement of service. Changisha will not be liable to any loss incur as a result of the removal of such functionality.

Changisha will not be liable to any loss incurred as a result of non-availability of the service, or any other loss that may occur as a result of the disruption of service during or after any maintenance work on the platform.

Changisha shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by Changisha’s breach of these Terms of Service. Changisha’s liability to its users shall not include losses relating to any termination of our services, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.

Changisha does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Owner, Charity or Organization 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 success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign or Campaign Owner.

All Donations are at your own risk. When you make a Donation to a Campaign otherwise through the Services, it is your responsibility to understand how your money will be used. Changisha is not responsible for any offers, promises, rewards or promotions made or offered by Charities, Campaigns or Campaign Owners. We do not and cannot verify the information that Campaign Owners supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Owner or Organization. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Owner or Organization, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have any reason to believe an Organization or Campaign owner is not raising or using the funds for their stated purpose, please report any misuse of our services – copyright infringements, fraudulent activity and general complaints by sending an email to complaint@Changisha.co.ke  to alert our team of this potential issue and we will investigate.

Termination

Organizations and Individuals may discontinue with the use of the Services and terminate their account at any time. To deactivate account send a notification via email to info@Changisha.co.ke

Donations to all such charities/NGOs will cease from the date of termination.

A user account can be terminated at any time by Changisha for any of the following reasons:

  • Changisha reasonably believes that the user is involved in illegal or fraudulent activities.
  • Charity or fundraiser is flagged as fraud by other users of the Service
  • NGO/Charity is unable to provide requested documentation or information within a reasonable time frame as requested by Changisha.
  • Following a request from an appropriate organization e.g Law enforcement or Bank for the closure of such account.

Changisha reserves the right to withdraw the Changisha website and the associated Services from public access at any time, at its complete discretion.

Suspension of the Changisha Services

Changisha, without liability to the Charity, Individual or group/company may suspend its Services in full or in part at any time, for repair or maintenance works or in order to update or upgrade the contents or functionality of the website. Users will be informed in advance of a likely suspension of services, even though this may not always be possible. Changisha absolves itself from any loss users may suffer as a result of the suspension of its Services.

Confidentiality of your information

Information of a sensitive and confidential nature that you provide to us and we retain about you will not be disclosed to anyone other than:

  • Where we are legally required to disclose or have a public duty to disclose.
  • Where the disclosure is made with your consent;
  • Where the information is already in the public domain other than as a result of us breaching our confidentiality commitments to you.
  • The third parties to whom Changisha is required to disclose this information in order for the Services to be performed.

By using the Changisha website you accept our use of cookies. Cookies are small text files held on your computer which we use to help us to give customers the best experience possible on our website and to let us understand how customers use our website. Some cookies have already been set. You can delete or block cookies but some parts of our website won’t work without them. You can find out more about cookie policy in the Cookie and Privacy Policy.

Changes to the Terms of service

Changisha reserves the right to amend these Terms of service and changes made will be posted on the Changisha website at least one month in advance of before such change comes into effect. Your continued use of the Changisha website following any such amendment will be deemed an acceptance of the amended terms. You may however terminate your account at any time in accordance with termination of account in Termination. It is the user’s responsibility to keep itself up-to-date on website updates and changes to these Terms of Service. Users are advised to check these Terms of Service whenever they access the Changisha website.

Third party rights

A person who is not a user of this service has no right to enforce any term of these Terms. Users can only enforce the terms in respect of only transactions carried out by them.

Any complain?

Changisha strives to provide a remarkable service to the platform users, where any of the services provided does not meet your expectation or you would like to make suggestion(s) on how to improve those services, please contact us on telephone or write to us at hey@changisha.co.ke or visit our contact page.

The situation will be investigated and, if necessary, actions will be taken to put matters right as quickly as we can. Where appropriate, steps will also be taken to prevent a recurrence.

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