This website is designed and intended for fundraising activities, and this disclaimer governs your use of our website thus, by using our website you accept and agree to comply with our Terms in full. References to “you” and “your” mean the person, persons or entity either donating funds towards a campaign OR creating a campaign for the purpose of raising funds.
“We”, “us” or “our” mean the company registered in Curaçao as CX Pay.
Donations are made via the CX Pay payment processing platform and through bank transfers.
In order to access and use the payment service (“the Service”) you must first indicate that you have read, understood and accept the Terms contained herein by checking the box at the bottom of this document. Only legal entities are eligible to apply for a campaign. We recommend that you store or print-off a copy of the Agreement (including all policies) for your records.
2. Description of services and content policy
All persons who seek to advertise or use this website are herewith responsible for ensuring that advertising content, text, images, graphics, and video (“Content”) uploaded for inclusion on CX Pay complies with all applicable laws. CX Pay assumes no responsibility for any illegality or any inaccuracy of the Content.
3. Intellectual Property Rights
Unless otherwise stated, we or our licencors own the intellectual property rights of the website and materials on the website. Subject to the license below, all our intellectual property rights are reserved.
4. License to Use Website
You may view, download for caching in a web browser only and print pages from the website, provided that:
a) You do not republish material from this website; which includes republication on another website or reproducing or storing material from this website in any public or private electronic retrieval system. We however encourage fair use for academic or non-commercial purposes.
b) You do not reproduce duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
5. Use of the Website
5.1 You must not:
- Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software;
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- Access or otherwise interact with our website using any robot, spider or other automated means;
- Use data collected from our website to contact individuals, companies or other persons or entities;
- Use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under the laws of Curaçao. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing;
- Use any personal data in a manner inconsistent with local or international data protection laws and furthermore to gain all necessary consents needed to display or use that data on your campaign;
- Use our website for any purposes related to marketing without our express written consent.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and that you will keep us informed of any changes.
- We reserve the right to edit or remove any material posted upon our website. In addition, we reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. Thus, you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- We reserve the right to share any data stored on our website with our licensors, affiliates or subsidiaries.
- We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you.
- In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
6. Limitations of Liability
6.1 Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that every material on this website is kept up to date.
We will not be liable to you or any third parties for any indirect, special, consequential, incidental, punitive, exemplary damages: arising out of these terms to any third party who advertises on this website or whose website you access through this website; for fraud or fraudulent activities in respect of any donations through the site; for your access to or inability to access the site or its services or the site information, including without limitation for viruses alleged to have been obtained from the services; your use of or reliance on the services, the site information or materials available through third party sites linked to site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
6.2 We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, any user generated content) or user communications.
6.3 We have no control over the use of funds and will not make refunds in any event of but not limited to a misrepresentation, fraud or fraud activities.
7.1 Donations must be made into a designated fund account. Donations received will be deemed to have been made voluntarily by you. Upon receiving a donation, a campaign creator will receive an acknowledgment of receipt. CX Pay will transfer either weekly, monthly, bi-monthly or the end of every campaign all the donated funds to the bank account associated with the fundraising cause. It is therefore imperative that the correct banking details are entered when uploading a campaign. We do not make any representations nor accept any liability for loss of funds that have been transferred to an ‘incorrect” account, we will use the banking details that have been uploaded and correspond to the relevant campaign.
7.2 The minimum amount of funds we will transfer for each campaign is Five Hundred Dollars ($500,-), therefore the balance of each campaign must reach Five Hundred Dollars ($500,-) before we will make a transfer. Your campaign must raise more than Five Hundred Dollars ($500,-) to have your funds transferred to you on the next agreed upon day. Unfortunately, we cannot guarantee when you will receive your donated funds after we have initiated the money transfer. Depending on your bank, it may take up to 48 business hours for the campaign’s bank account to be credited.
7.3 We do not guarantee that donations will be used as promised or to achieve the purpose(s) of the fund. Therefore, we will not be liable to any direct, indirect or consequential damages resulting from donations made via electronic payments on our web site.
8. Service Fee
Setting up an account is free. We do not charge our service fees to donors or contributor. Unless otherwise indicated, we charge campaign owners a processing fee for the particular payment method used to receive the donations. This processing may however vary in some circumstances. The processing fee is deducted from total contributions made to the campaign. Donors may however opt to pay the processing charge in addition to their donation. By using the services users agree to our processing fees. Credit card processing fees account for 5% + $0.75 of every transaction. There may also be an additional wire transfer fee, depending on your currency and bank account location. Campaign owners can also transfer the money raised during the campaign period. However, the transfer amount can only start from $ 500. Note: this can only be possible after the minimum amount of US$ 750 has been raised. Donations are transferred monthly around the 15th of the following month.
We reserve the right to request that you indemnify, defend and hold us, and our affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees) resulting from:
- your use, misuse or abuse of our site, services or any third-party website;
- your breach of any provision of these terms.
10. Third party websites
The website may contain links to other websites. These are provided for convenience only. We are not responsible for the content of third-party websites. In the event the user decides to leave and access Third Party Sites, the user does so at his/her own risk.
The company does not endorse nor accept any liability due to the occurrence of items such as viruses, worms, Trojan horses or other harmful elements as part of the web site and linked web sites. The contents of this web site are subject to copyright held by the company with all rights reserved. Some parts of the website may, however, contain images or texts that are subject to copyrights held by their respective providers.
We may revise this disclaimer from time to time and the revised disclaimer shall apply to the use of our website from time to time in its publication.
12. Law and Jurisdiction
This notice will be governed by and construed in accordance with the law of Curaçao.