Discover – avaleafrica

What donors can do	What Campaign Initiators Can Do
Verify Campaigns Before making a donation, it is advised that you explore the campaign page and review the story to learn about the cause and its ultimate beneficiaries. Avale strongly recommends using the Verify Campaign feature on our platform to help generate information necessary to support confidence in your altruistic decisions.	Be Open to Engagement Donors and volunteers require the right information if they are to back causes. Do your best to answer questions and provide clarification to their concerns. Help your campaign and the community by using the comments section of your campaign page. Remaining responsive and forthright can greatly advance responsiveness to your campaign.
Interact If there’s any part of the campaign that requires clarification, go ahead, ask the Campaign Initiator in the Comments section underneath every campaign. Comments are a great way to secure continuous feedback between all categories of users. We encourage you to use the Report feature on campaign pages if you become aware of any suspicious activities. It will be promptly investigated, because we remain committed to a safe experience for all.	Keep Us in the Loop Updates are a sure-fire way to ensure optimum engagement for the full period of your campaign. A viral story is great, but carrying along all those who believe in your cause is a far more powerful strategy for promoting long-term credibility.

Data Security	Campaign Veracity	Platform Legitimacy
Encryption and tokenization PCI compliance Firewalls	Due diligence and verification of campaigns Provision of channels to report suspicious/dubious campaigns	Registration and compliance with relevant regulatory institutions

S/N	PROCESS
1	SIGN UP/CREATE ACCOUNT: Users are required to sign up and create an account before starting a campaign
2	LOG IN: After creating an account, users will need to sign into their account with the username and password created at registration to begin a campaign
3	CREATE A CAMPAIGN: To start a campaign, users will click the “create a campaign” button. Users can have up to 3 campaigns running concurrently on their account
4	CAMPAIGN TITLE: Fill in the campaign title in the required field. The campaign title has to be 40 characters max or less
5	CAMPAIGN CATEGORY: On the drop-down box, select the category your campaign falls within (health, education, emergencies, charities)
6	BENEFICIARY: State the individual or organization that will be the final recipient of the funds raised. This applies if the campaign organizer is not the ultimate beneficiary of the funds raised
7	FUND GOAL: State the amount you are looking to raise for your project. This must be as reasonable as possible
8	TERMS AND CONDITION: Check the box to show that you agree to the terms and conditions of the platform. Please note that, you cannot proceed if you do not agree to the terms and conditions
9	ADD IMAGE/VIDEO: Users can add an image and or a video of themselves or an image/video that depicts their campaign project. Images and videos must be high resolution
10	WRITE A STORY: Write a descriptive story
11	SUBMIT: Once the campaign organizer is satisfied with all the details provided. Click Share. A success message will be displayed on the screen to indicate that the campaign set up was successful
12	SHARE: At this point, your campaign can start receiving donations. Users can connect their social media pages to the platform to make sharing seamless or create a personalized link by clicking the “edit link” button

Privacy Policy

1. SCOPE OF PRIVACY POLICY

This Privacy Policy ("Policy") covers Avale Africa’s collection, use, and sharing of "Personal Data" (defined below) and applies to all websites, products, services, as well as any mobile applications (collectively, "Services") provided by Avale Africa or any of its subsidiaries and related corporate entities. In this Policy, terms such as "we" and "our" shall refer to Avale Africa and each of its affiliates.

This Policy shall provide for the kind of Personal Data we collect from our users as well as the purpose of collecting and using the data, how long it is retained, with whom we share it, and users’ rights concerning the data.
This Policy shall apply to companies/organizations, individual actual and/or prospective customers, irrespective of nationality or residence and shall however not cover how users may use or share data that they collect using our Services.
Please read this Policy carefully. By accessing or using any of our Services, you hereby agree to be bound by this Policy and where you do not agree to be bound by any of the terms you should not use our Services.
By accepting the terms of this Policy you are certifying that you are of the legal age of majority in the jurisdiction where you reside and if you have not yet reached the age of majority you may not use our Services
This Policy may change, without notice, from time to time and continued use of this Website after any changes are made is deemed to be acceptance of those changes, so it is your duty to check the Policy periodically for updates.

2. APPLICATION OF POLICY.

This policy applies to Personal Data that we collect:

On our website(s).
In e-mail, text and other electronic messages exchanged between us and/or through our website(s).
When you interact with advertising and applications of third-party websites and services appearing on our website(s). However, it does not cover any aspect of your interaction with a third party site (even if accessed via our website) or any data collection or use by such third parties.

3. PERSONAL DATA

For the purposes of this Policy the term "Personal Data" may include, but not be limited to, information that, acting alone or together with other data elements that we have, been provided is sufficient to identify a user as a specific natural person.

Examples of Personal Data elements may include: a name, an identification number, location data, an online identifier or to one or more factors specific to your physical, gender, physiological, mental, economic, cultural or social identity as a particular natural person.

4. INFORMATION COLLECTED, HOW IT IS COLLECT AND USED.

In accordance with the provisions of this Policy, we generally use information that we collect (or that you provide to us), including any Personal Data:

To present our website(s) and its contents to you.
To provide you with a unique online user experience
To allow you to participate in interactive features on our website(s).
To provide you with information or Services that you request from us.
To provide you with notices about your account, including expiration and renewal notices
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our website(s) or any Services we offer or provide through it.
To fulfill any other purpose for which you provide it.
In any other way we may describe when you provide the information to us.
For any other ancillary purposes consistent with your consent.

We may collect and process the following categories of information, some or all of which may include Personal Data:

Account Data. We may obtain and process data regarding any registration or subscription process regarding any of our Services. Account Data may include information you provide during a registration process, including in connection with any co-branded offer or third party goods/services provided through our website(s). This information may include your user name, corporation or business name, and other identifying information such as your physical or shipping address, email address, user name, IP address, billing address, credit card or other payment data, geographic location and industry, and any preferences you may have established using our Services. It may also include age-verification data that we may be required to obtain to establish that you are of the legal age of majority.

Account Data may be obtained and processed for the purposes of operating our website(s), providing our Services in the manner in which you have requested, ensuring the security of our Services, preventing or investigating attacks and/or fraud, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is your consent and provision of this data to us, our entry into and performance of any agreement you may have with us, the delivery of Services you may have requested, our legal obligations as required to comply with applicable law regarding age verification, maintenance of proper accounts, attend to security issues and prevent or investigate attacks and/or fraud, protection against money laundering, our need regarding the maintenance of banking and payment processing relationships, and the proper operations of our business.
User Content Data. We may also collect and process information that you post for publication on our website(s) or through the use of our Services as user donations. User content data can include content you upload and any metadata associated with the upload, ratings and/or reviews and/or comments you may post to any forum, or information you include or exchange with any other user on our website(s).

User Content Data may also be shared with third party websites that publish all or parts of User Content Data available on our website(s). Examples of such instances include affiliates with whom we may share your information as a part of our Donor Campaign profile functionality) and Google (which may reproduce all or a portion of your User content data in its publicly available search results). The legal basis for our collection and processing of such data is your consent (by submitting the User Content Data). Our legitimate interest in processing this data is namely to perform the Service(s) as and in the manner you have requested, attend to security issues and prevent or investigate attacks and/or fraud, address actual or asserted violations of legal rights, and to properly administer our Services.

You should generally consider your User Content Data you share with this Website to be public in nature and you should not share any information that you would not want to become known to the general public. User contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of our website(s) with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions, and any User Content Data contained therein will not be viewed by unauthorized persons

Discretion is a key part of your responsibilities. Moreover, if you delete your User Contributions from our website(s), copies of your user contributions, and any User Content Data contained therein, may remain viewable in cached and archived pages, or might have been copied or stored by other website users.
User Contact Data. We may collect and process information contained in any inquiry you submit to us regarding Services. Such data may include your name and other identifying information such as your physical or shipping address, email address and/or IP address, the communication content, and metadata associated with the communication. Our legal basis and legitimate interest for obtaining and processing such data is to communicate with you, respond to your inquiries, and offer, market and sell relevant Services as requested, attend to security issues and prevent or investigate attacks and/or fraud, maintain our record keeping, and properly administer our business.
Payment Data. If you engage in transactions with our website(s), we may obtain and process information you supply relating to such transactions, including the donations that you make through our website. Such data may include your user name, name, company name and other identifying information such as your physical or registered address, email address and/or IP address and other information directly related to the specific transaction. The legal basis for obtaining and processing such data is to enter into and perform any agreement we may have with you for the purpose of supplying the Services and issuing and maintaining invoices and other proper records of those transactions, our legal obligations as required to comply with applicable law regarding age verification, collection of card details, maintenance of proper accounts, attend to security issues and prevent or investigate attacks and/or fraud, protection against money laundering, our need regarding the maintenance of banking relationships, complying with applicable regulations and the proper operations of our business.
Solicitation Data. We may also obtain and process data that you may voluntarily provide to us for the purpose of subscribing to our email notifications and/or newsletters. You may subscribe using the forms available on our website(s). Subscribers receive periodic email notices that include special offers, information about campaigns, promotions, donor updates and other relevant information. To unsubscribe from any list, click the “unsubscribe" link and follow the directions or click on the link here. Our legal basis for obtaining this data is your consent when you opt into such programs. We may legitimately process this data to send you the relevant notifications and/or newsletters as you have requested, attend to security issues and prevent or investigate attacks and/or fraud, and the proper operations of our website(s) and business.
Affiliation Data. We maintain relationships with various payment service providers, financial institutions and affiliates ("Partners") regarding the provision of Services from our website(s). In the course of making donations, registering user profiles or interacting with such third parties, you may be required to provide them with Personal Data. In such case, your rights regarding such data will be subject to the privacy policy of such third party.

In connection with the formation and duration of our relationships with resellers, we may obtain such data directly from the Partners. Our legal basis and legitimate interest in obtaining and processing such data is our legal obligations as required to comply with applicable law regarding age verification, maintenance of proper accounts, protection against money laundering, our need regarding the maintenance of banking relationships, and prevent or investigate attacks and/or fraud, and the proper operations of our website(s) and business.
Social Media Data. We may receive, use and retain information from third party social networking sites with your consent (as you provided to the social media site), including information that social networking sites provide to us if you use your credentials at such social networking sites to log into some of our Services (such as your name and email address to pre-populate our sign-up form).

The information you allow us to access varies by social networking site, and depends on the level of privacy settings you have in place at the social networking site. You can control and find out more about these privacy settings at the applicable social networking site that you use.

5. USAGE DATA – COOKIES AND OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our website(s) and Services, we may use automatic data collection technologies to collect Usage Data and other information about you, your equipment, browsing actions, and patterns. Such data is collected automatically as you enter and navigate through our sites by our platform using various tools and software applications, including cookies and other tracking technologies.

Usage Data includes the following:

Details of your visits to our website(s), including traffic data, location data, logs and other communication data and the services that you access and use on our website(s).
Information about your computer and Internet connection, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use.

The information we collect automatically helps us to improve our website(s) and to deliver a better and more personalized Service and user experience, including by enabling us to:

Estimate our audience size and usage patterns and analyze site traffic.
Store information about your preferences, allowing us to customize our website(s) according to your individual interests including recognizing you when you return to our website(s).
Enhance and make our website(s) and Services more efficient and responsive.
Attend to security issues and prevent or investigate attacks and/or fraud, and the proper operations of our website(s) and business.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You can control flash cookies from your browser.
Flash Cookies. Certain features of our website(s) may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our website(s). You can control flash cookies from your browser.
Session Cookies. A session cookie lasts as long as you are online. We use these cookies to identify your payment methods and to help us personalize your experience. These session cookies help us facilitate any promotions or surveys that we provide. These cookies do not contain any Personal Data and we do not store data collected by them.
Persistent Cookies. As part of the sign-in process, we may also use what are commonly called persistent cookies, which stay with you and are on your computer, after your session is over and you are offline. We use these cookies in connection with a sign-in feature that allows you to remain partially logged in so that the next time you sign in; you will only need to provide your password.
We sometimes use cookies, as well as tracking technology within the promotional emails that we send to our subscribers or advertisements for our website(s). The generated information is non-personally identifying customer identification numbers and is only analyzed at aggregate levels to gauge the effectiveness of advertisements and promotions.

Cookies do not typically contain any Personal Data (e.g. information that personally identifies a user), but personal information that we store about you may be linked to the information stored in and obtained from cookies. We store this data (along with Social Media Data) in a variety of places within our infrastructure, including system log files, back end databases and analytics systems.

OTHER SOURCES

Information you provide to us (for example at exhibitions or via surveys) or to our partners;
Information that is publicly available;
Information you consent to us receiving from third parties.
We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.

FURTHER REASONS FOR DATA COLLECTION & PROCESSING

We may obtain, process and retain any of your Personal Data, whether or not identified in this Policy:

Where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an alternative dispute resolution. The legal basis for this processing is our legitimate interests to protect and assert our legal rights, your legal rights, and the legal rights of third parties.
Where necessary and as legitimately required for us to secure and maintain adequate insurance policies, manage risks, ensure the security of our website(s) and services, attend to security and prevent or investigate attacks and/or fraud in order to legitimately protect our website(s) and business against risks.
To the extent reasonably necessary to comply a legal obligation to which we are subject, or to protect the vital interests of you, us or any third party.

Important. Please bear in mind that the data we collect may fall within one or more of the categories set forth above. In such an instance, the legal basis and legitimate interest in our collection and/or processing of such data is inclusive and we will apply the legal basis and legitimate interest most favorable to our objectives with regard to such data.

6. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

We may disclose your Personal Data to third parties insofar as reasonably necessary for the relevant purposes and on the relevant legal basis set out in this Policy. This includes the following:

To any member of our group of companies (including our subsidiaries, our ultimate holding company and all its subsidiaries);
To our resellers or third party suppliers insofar as reasonably necessary for the purposes described regarding "Account data", "Payment data" and "Affiliation data" in order to provide the Services you have requested;
To one or more of our third party advertisers or suppliers of Services identified on our website(s) for the purpose of enabling them to contact you so that you can receive the goods or Services you have purchased while using our website(s);
To contractors, service providers and other third parties to the extent reasonably necessary for the maintenance, security, and proper operation of our website(s) and our provision of Services;
To our insurers and/or professional advisers to the extent reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, prevention or investigation of security breaches and fraud, obtaining professional advice, or the establishment, exercise or defense of legal or equitable claims, whether in court proceedings or in an alternative dispute resolution;
To our payment services providers to the extent necessary for the purposes of processing or settling payments or addressing complaints and queries relating to such payments or refunds;
To the extent reasonably necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of a third party;
To third party service providers to the extent reasonably necessary to fulfill and provide Services you have requested through our website(s);
Consistent with the purpose for which you agreed to provide it; and/or with your consent.

7. SHARING OF INFORMATION

Generally, we may transfer your Personal Data between different jurisdictions. However, in doing so we will comply with the European Data Protection Directive 95/46/EC ("GDPR") and other applicable laws regulating the protection for the transfer of personal information between jurisdictions. This means that we may transfer your data to the United States, the EU, or other countries subject to conditions. If you are a European resident, we will endeavor to confirm that either the European Commission has determined that the receiving jurisdiction provides adequate protection of Personal Data or that other appropriate safeguards are in place, namely the use of relevant standard data protection clauses adopted or approved by the European Commission. Our contracts with such third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was shared.

Please note that if you access our services through a tool that hides your location, such as a VPN, or if you access our Services through a location other than where you reside, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

SHARING WITHIN OUR AFFILIATE COMPANIES

We may share your Personal Data with other affiliate companies so that they can contact you with services (or offers) that may be of interest to you and/or so that they can provide you with Services or assistance regarding Services provided by one or more of our members. Any such use or processing will be pursuant to the terms of this Policy. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent.

SHARING WITH THIRD PARTY AFFILIATES

When we share personal information with certain third-party affiliates, including marketing and advertising partners, that information may include your name, email address and other information so that our Partner may assist you in using our products and services, contact you with offers, services or products that may be of interest to you, and/or provide you with their products or services.

SHARING WITH THIRD PARTY SERVICE PROVIDERS AND PARTNERS

We rely on third parties to provide some of the support and services we provide to you. We form contracts with these service providers for this purpose (for example providing banking, payment processing/gateway, IT, and storage services including back-ups or to aid us in our security measures or marketing activities.

If you request a service from a third party through one of our websites, we will pass your personal information to such third party in order for them to fulfill your order.

From time to time our website(s) may portray advertisements or links to third party websites and sources. If you activate such link you will be interacting with such third party and we will retain a record of your having responded to the advertising or link. We may provide such third party with general non-Personal Data necessary to identify our website(s) as the source of any interaction you may have with such third party. However, each such third party will act as a data controller/processer in relation to data that they obtain or receive and when you interact with such third party you will be subject to their Policy, which will govern any of your Personal Data that you provide to them. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

CORPORATE RESTRUCTURING.

If we are involved in a merger, acquisition, a sale of any part of our company, we may be required to disclose information to the counter-party.

AUTHORIZED USERS

Anyone that you or your company authorizes to have access to your account or any Services, may be able to view Personal Data stored in connection with the account or any subaccount to which they may have access.

8. LEGAL PROCEDURE

If we, in good faith, believe disclosure is reasonably necessary to comply with our legal obligations in any relevant jurisdiction, we may disclose information about you, including Personal Data, to courts of law, people acting under the obligation of law, law enforcement authorities and other relevant third parties, such as internet service providers, lawyers or law enforcement, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, bring legal action, prevent harm to others or pursue other relief when you or a third party, in our good faith belief, are or may be:

violating our terms and conditions of use;
causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or
violating federal, state, local, or other applicable law.

9. THIRD PARTY LINKS AND INFORMATION COLLECTION AND USE BY OUR USERS

Some of our Services provide links to other websites. We do not control the information policies or practices of these third party sites and you should carefully review their privacy policies to learn about how they collect, use and share your personal information.

From time to time we may permit you to log into your account and access our Services using single-sign-in services such as Facebook. These services will authenticate your identity to us and may allow you to control what information these services share with us, thus providing you with options regarding sharing certain personal information with us (e.g. your name and email address to pre-populate our sign up form). Using certain social media features, such as "like", "share", "widgets" or interactive mini-programs that may run on our website(s) may result in the applicable social networking sites collecting Personal Data and other data regarding you and your activities, including your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly. You should carefully review the applicable privacy policies of such third party services to learn about how they collect, use and share your personal information.

10. SECURITY

The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take good faith measures to safeguard your personal information within our systems against loss, theft and unauthorized use, access or modification.

Google Analytics

Through our provider, Google Analytics, data is collected about use of our website(s). We will not provide Google Analytics with your name, phone number, email address or card information. We assign a random number to your usage so that Google Analytics can identify a unique user of our website(s) although Google Analytics does not associate that number with your personally identifiable information. We recognize that you may prefer to limit or eliminate the data that Google Analytics collects about your use of our website(s). Google Analytics does provide an "Opt-out" option. You can review instructions and relevant information about Google Analytics at: http://www.google.com/intl/en/analytics/privacyoverview.html.

11. DATA RETENTION POLICY

We will not retain your Personal Data for periods that are longer than necessary for the purpose for which it was obtained and/or held for processing.

In accordance with applicable regulation, and depending upon its nature, we will retain your Personal Data for a minimum period of up to ten (10) years following the last day in which you interacted with us regarding the purpose for which the Personal Data was obtained and processed. We will retain the following Personal Data up to the specified period: Account Data – 6 years; User Content Data 4 years, Customer Contact Data – 4 years; and Payment Data – 10 years. Personal Data not falling within any of the above categories will be retained for as long as it is necessary for the stated purpose or the period required by law, if longer.

In some cases it is not possible for us to specify in advance the periods for which your Personal Data will be retained. In such cases, we undertake to determine a period of retention based upon the relevant applicable statute of limitations as concerns any claim you may have as against each other based upon your interaction with our website(s) and/or the order or delivery of any goods or services and to attend to security issues and prevent or investigate attacks and/or fraud, maintain our record keeping, and properly administer our website(s) and business.

In any event, we may retain your Personal Data where retention is necessary for legal or regulatory compliance purposes or in order to protect the vital interests of either of us or of a third party.

Choices About How We Use and Disclose Your Information

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent/received. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.
Promotional Offers from the Company. If you do not wish receive solicitations promoting our own Services or those of our partners or third parties, you can opt-out by following the unsubscribe link in any email, by logging into our website(s) and adjusting your user preferences, or by sending us an e-mail stating your request to: HQ@avale.africa and including as the subject: unsubscribe me.

Accessing and Correcting Your Information

You can review and change some of your Personal Data and some other Non-Personal Data via your account. However, your right to change or delete information is subject to exceptions generally referenced in this Policy.

If your physical or email address changes, please advise us via email or update your user account information so our records remain up to date and there is no delay to your receipt of Services. We are not responsible for incomplete services due to your failure to accurately maintain such information.

To exercise any of your rights in relation to your Personal Data, or to request access to, correct or delete any personal information that you have provided to us, please contact us by e-mail at HQ@avale.africa. User names cannot be modified once created. Certain Personal Data may not be deleted unless you also delete your accounts with us – which means terminating our Services. There are exceptions to our obligation to delete or modify your Personal Data. In general, we may not accommodate a request to delete or change information if the change would violate any law or regulation or if retention is necessary to exercise the right of freedom of expression and information, comply with a legal obligation, attend to security issues and prevent or investigate attacks and/or fraud, maintain our record keeping, and properly administer our website(s) and business, to protect the vital interests of you, us, or any third party, or for the establishment, exercise or defense of legal claims.

We reserve the right to require proof of identity and residence, and (subject to applicable legal restriction) to obtain reasonable compensation as a condition to providing access to, modifying or deleting your data.

If you delete User Content Data from our website(s), copies of your User Content Data may remain viewable in cached and archived pages, or might have been copied or stored by other website users or third parties over which we have no control (e.g. Google).

12. SPECIAL RIGHTS FOR EUROPEAN RESIDENTS.

If you reside in the European Union you may have additional rights as set forth under the European Union’s General Data Protection Regulation 2016/679 ("GDPR"). The GDPR is a regulatory scheme and we have not provided an exhaustive summary in this Policy. We advise you to read the regulation and guidance provided by the relevant regulatory authorities for a full explanation of your rights.

Your principal rights under the GDPR are access, rectification, erasure, processing restriction or objection, portability, withdrawal of consent and the right to complaint to a regulatory authority. These rights are not absolute and exceptions apply. For example, we may not accommodate a request to delete or change information if we can demonstrate compelling legitimate grounds that override your interests or the change would violate any law or regulation or if retention is necessary to exercise the right of freedom of expression and information, comply with a legal obligation, attend to security issues and prevent or investigate attacks and/or fraud, maintain our record keeping, and properly administer our website(s) and business, to protect the vital interests of you, us, or any third party, or for the establishment, exercise or defense of legal claims.

If the legal basis for our processing your Personal Data is your consent, or the necessity to comply with your requests, or for the performance of a contract we have with you, and we are automatically processing your Personal Data, you have the right to receive from us a copy of such Personal Data in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time subject to applicable exceptions. Withdrawal will not affect the lawfulness of processing before the withdrawal.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged infringement.

We commit to resolve complaints about our collection or use of your Personal Data as required under the applicable regulations.

Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any donations and payment transactions will be encrypted using SSL technology using third party gateway/processors.

Where we have given you (or where you have chosen) a password for access to certain parts of our website(s), you are responsible for selecting one that is strong and keeping it confidential. We ask you not to share your password with anyone and be careful about disclosing any personal information in public areas of our website(s). The information you share in public areas may be viewed by any user of our website(s).

The transmission of information via the Internet (e.g. email) is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information while it is being transmitted to our website(s). Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our website(s).

13. CHANGES TO OUR POLICY

We may modify this Policy at any time by publishing a new version on our website(s). If we make material changes to how we treat our users’ personal information, we will notify you through a notice on our website(s) home page and/or by email. The effective date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our website(s) and this Policy to check for any changes.

14. CONTACT INFORMATION

To ask questions or comment about this Policy and our privacy practices, contact us at:

Our website(s) is www.avale.africa

Miscellaneous

If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Policy, as amended from time to time, will continue in full force and effect. Links to other websites and webpages appearing in this Policy are as of the effective date of this Policy and are subject to change without notice. Accordingly, we provide no assurance that such links remain accurate or correct following the effective date of this Policy.

The provisions of our Terms of Use are incorporated within and form a part of this Policy. You may review a copy of our Terms of HERE.

AVALE AFRICA LTD TERMS OF USAGE

INTRODUCTION.

Avale Africa hereby provides its platform to you through its website and related services (collectively, the Platform), including any new features and applications, the “Services”), subject to the following terms of service, as amended from time to time (the “Terms and condition”).

If you are a campaign organizer (as defined below) or donor (a campaign organizer and a donor shall be collectively referred to herein as a “User”) located in Nigeria, you are contracting with Avale Africa, 5A Awudu Ekpegha Blvd. Lekki 1, Lagos, Nigeria.

For purposes of the Terms of Service, “Avale,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.

ABOUT AVALE, THE WEBSITE, AND RELATED SERVICES

Avale Africa Limited is Nigerian duly incorporated under the the Laws of the Federal Republic of Nigeria with RC Number 1606129, with its registered office at 5A Awudu Ekpegha Blvd. Lekki 1, Lagos, Nigeria. The Website domain name www.avale.africa is owned by Avale Synergy Africa Limited.

The Website is a platform that Donors (defined herein) utilize to meet and interact with various Campaigners (defined herein) based on representations of campaigns or causes initiated by such parties, to enter into transactions, make contributions or share information. All information provided about campaigns is provided by the Campaigner who is initiating its own fundraiser.

Your contract is with Avale and you confirm that the platform Services availed by you are for your internal/personal purpose and not for resale or business or other commercial purposes.

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 of Service at any time, after which the revised Terms of Service will be posted on this page and the date of such revision indicated.

Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using the Services, you will be subject to additional applicable policies including without limitation, the Privacy Policy located at https://avale.africa/privacy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service 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 CAMPAIGN SERVICES

Services Description.

The Services are offered as a platform to allow an individual (the “Campaign Organizer”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from donors.

Although there are no fees to set up a Campaign, industry-standard transaction fees shall apply (hereinafter and on the website referred to as “Transaction Fees”) to the Services rendered to Campaign Organizers. To learn more about Avale’s Platform and applicable Transaction Fees, please visit avale.africa/pricing-and-fees

Nature of Services.

Avale is an administrative platform and does not provide Broker services, nor are we a Financial Institution, Creditor or Charity. Avale facilitates the Campaigns of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers.

All information and content provided by Avale relating to the Services is for informational purposes only, and Avale does not guarantee the accuracy, completeness, 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 Campaigns, Charities, Donations, Donors, or any information 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.

Avale has no control over the conduct of, or any information provided by, a Campaign Organizer, a Charity, or other user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, Campaign Organizer, or Charity, and make no guarantee, express or implied, that any information provided through the Services is accurate.

Avale expressly disclaims any liability or responsibility for the outcome or success of any Campaign and the Donor is responsible for making the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.

All Donations made on the platform are at your own risk. It is the responsibility of the user to understand how their money will be used when a donation is made.

Avale is not responsible for any offers, promises, rewards or promotions made or offered by Charities, Campaigns or Campaign Organizers.

Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at https://www.avale.africa/legal.

If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign or Charity to alert our team of this potential issue and we will investigate.

Registration Obligations:

You may be required to register with Avale in order to access and use certain features of the Services. Where you choose to register for the Services, you agree that you shall provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.

Campaign Organizers must register using their true identities, including their name(s), incorporation details with the Corporate Affairs Commission, and any image or video purporting to depict the Campaign Organizer or the beneficiary of such campaign. Registration data and other information are governed by our Privacy Policy.

No person under 13 years of age, is authorized to use the Services or platform with or without registration.

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), with whom Avale has entered into contracts, in order to be able to benefit from their services. If Avale or one of our payments processors at any time discovers that the information provided by Campaign Organizers about themselves or the purpose of their Campaign is incorrect or violates any of these Terms of Service or that of our third party partners, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you.

It is hereby acknowledged and agreed that the use of third party payment processors are integral to the Services and that Avale may exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

Taxes:

It is your responsibility to determine what taxes, if any, apply to the Donations received through the use of the Services.

It is solely the responsibility of the campaign organizers to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

REPRESENTATIONS AND WARRANTIES.

The Campaign Organizer, represents, warrants, and covenants that: (i) all information provided in connection with a Campaign is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to its Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) it shall not infringe the rights of other users of the Platform; (iv) it shall comply with all relevant and applicable financial reporting obligations including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for its projects; and (v) to the extent it shares with Avale 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.

The Campaign Organizer hereby authorizes Avale, and Avale reserves the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

MEMBER ACCOUNT, PASSWORD AND SECURITY.

Members using this platform hereby undertake and agree that;

They are responsible for maintaining the confidentiality of their passwords and account(s), if any, and are fully responsible for any and all activities that occur under the password or account.
They shall immediately notify Avale of any unauthorized use of their password or account or any other breach of security, and sign out from their account at the end of each session when accessing the Services. Avale will not be liable for any loss or damage arising from a failure to comply with this Section.

Modifications to Services:

Avale 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 Display of Donations:

Some of your activity on and through the website including all content you post publicly shall be public. Additionally, user profile information, including first and last name, 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.

As a Donor, you have an option to publicly display your Donation to the general public, including on search engines (like Google and Yahoo). To keep the details of your Donation private, simply click the “Private” checkbox during the Donation process.

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 become 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.

Users are advised to consider carefully when including information that may be deemed 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 users and use of the Services.

Promotions:

Users are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion”) on or through the Services without prior written consent from Avale, which consent may be withheld in our sole and absolute discretion. You may seek permission by sending an email to HQ@avale.africa

Data Retention

It is hereby acknowledged that Avale has no obligation to its users to retain data relating to any account or campaign. Avale reserves the right to delete data or to terminate accounts or Campaigns 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.

PROHIBITED CONDUCT

User Conduct:

Users are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”) that they upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”) via the Services.

Where a campaign organizer is not the beneficiary of the Campaign being organized, the campaign organizer agrees to deliver funds to the ultimate beneficiary directly and as soon as possible.

The Campaign organizer agrees to fully cooperate with any request we make for evidence deemed necessary to verify your compliance with these Terms of Service.

Illegal and Prohibited conduct

Avale reserves the right to investigate anyone who, in our sole discretion, violates any of these Terms of Service. We further reserve without limitation, the right to remove the offending Content, suspend or terminate the account of such violators, stop payments to any such Campaign, freeze or place a hold on Donations, 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, the following are Content and/or use that is illegal or prohibited by Avale:

A. raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:

violating 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;
any election campaigns that are not run by a registered organization within the supported country;
content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
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, 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 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;
campaigns we deem, in our sole discretion, to be in support of, or for 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 or gender identity, or serious disabilities or diseases;
activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Nigeria and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
pornography or other sexual content;
offensive, graphic, perverse or sensitive content;
the sale of items before the seller has control or possession of the item;
collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Avale;
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 Campaign;
publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
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;
unauthorized sale or resale of brand name or designer products or services;
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;
collecting or providing funds for any purpose other than as described in a Campaign description;
any other activity that Avale 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 Avale may deem in its sole discretion to be unacceptable.

B. 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 and infringes the Nigerian Cyber Crime Act 2015 ; (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, or any other form of solicitation; or; (vi) in the sole judgment of Avale, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Avale or its users to any harm or liability of any type.

C. interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

D. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

E. raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.

Furthermore, with respect to all Donations made or accepted through the Services, you agree:

not to make or accept any donations known or suspected to be erroneous, suspicious or fraudulent;
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 Nigerian Government or its agencies;
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 Avale from time to time;
to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Avale to verify compliance with these Terms of Service and make such records available to Avale upon 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
at Avale’s request, including without limitation in case of investigations by Avale, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

Avale reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Avale, or that expose you, Avale, 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 Donors, your Donations, and transactions made through or in connection with your use of the Services.

DONATIONS

In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Avale information regarding its credit card, debit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”).

Recurring Donations:

Donors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, (a “Donation Subscription”) and each individual Donation made in connection with a Donation Subscription, (a “Donation Installment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platform, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you;

(i) hereby authorize Avale to bill your Payment Instrument in the amount of the applicable Donation Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Installments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date). Changes to or termination of Donation Subscriptions or Donation Installments will apply only to Donation Installments that take place after Avale receives notice of such change or termination. Avale does not provide refunds of any amounts received in connection with previously made Donation Installments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that: (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Campaign Organizer or Charity), (b) individual Donation Installments may not be tax deductible, even if previous Donation Installments for the same Donation Subscription were, and the amount of each Donation Installment that is tax deductible may vary, (c) one or more specific Donation Installment may not be provided to or received by the applicable cause, charity or Campaign if such cause, charity or Campaign becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by Avale or (d) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Donation Installment to the next (for example, if the transaction fees associated with the Donation Installment change).

Your non-termination of a Donation Subscription reaffirms that Avale is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.

Donor representations and warranties.

The Donor, represents and warrants to Avale that such information is true and that they are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded.

Avale uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by Avale payment partners (currently, Paystack), in addition to these Terms of Service, including Paystack’s terms of service.

ACCOUNT HOLDS:

From time to time, Avale may (in our sole discretion) place a hold on a Campaign account (a “Hold”), restricting Withdrawals (defined herein) by a Campaign Organizer. A hold may be placed on a Campaign Account where Avale: (i) has reason to believe (in its sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) determines (in its sole discretion) that the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) has reason to believe that a Campaign or Campaign Organizer has violated these Terms of Service, (iv) determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity, (v) has reason to believe (in its sole discretion) that there may be suspicious or fraudulent donation activity, or (vi) believes it is required in order 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 account, or need information about how to resolve the Hold, please contact us HQ@Avale.africa

REWARDS.

Reward Levels are not intended to be items available for purchase and Avale does not guarantee the delivery of Reward Levels in any way.

WITHDRAWING DONATIONS FROM A CAMPAIGN.

While Avale strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Avale does not guarantee that Withdrawals will be available to you within any specific time frame, and Avale 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 Organizer, are responsible for ensuring that the information you provide to Avale in order to process a Withdrawal, including your bank account information, is accurate and up to date. Avale may, at any time, for any reason, without notice, 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. Avale is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences as a result of Avale issuing refunds, including, but not limited to transaction or overdraft fees.

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 Nigeria 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 Avale, 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 Avale 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 Avale, 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 Avale.

The Avale name and logos are trademarks and service marks of Avale (collectively the “Avale 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 Avale. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Avale Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Avale Trademarks will inure to our exclusive benefit.

Third-Party Material:

Under no circumstances will Avale be liable in any way for any content or materials of any third parties (including users and Campaign Organizers) or any User Content (defined below, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Avale does not pre-screen content, but that Avale 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 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 content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “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 Avale 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 Avale and its contractors and employees, from:

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 Avale 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 Avale’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 of Service), or for no reason at all and (ii) to 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 (“Submissions”), provided by you to Avale are non-confidential and Avale will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Avale 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 of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Avale, 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, and in accordance with the mandate of the Central Bank of Nigeria, Avale is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we 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:

Avale 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 Avale of your infringement claim in accordance with the procedure set forth below.

Avale will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), the Copyright Act, Laws of the Federation of Nigeria 1990 and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Avale’s Copyright Agent at HQ@Avale.africa (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

Avale Copyright Agent:

Avale Africa

Attn: Legal

5A Awudu Ekpegha Blvd.,

Lekki 1, Lagos, Nigeria.

To be effective, the notification must be in writing and contain the following information:

an electronic or 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;

your address, telephone number, and email address;

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 copyright owner, the copyright 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:

your physical or 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, Avale will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright 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 no less than 14 business days after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy:

In accordance with the DMCA and other applicable law, Avale has adopted a policy of terminating memberships, in appropriate circumstances and at Avale’s sole discretion, of users who are deemed to be repeat infringers. Avale 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”). Avale 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 Avale is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby.

You acknowledge that Avale 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 Avale 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 Avale 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 Avale and its affiliates and their officers, employees, directors and agents harmless 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 Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.

You agree that Avale has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Avale for the costs of its defense (including, but not limited to attorney’s fees.) If you are a resident of another jurisdiction that subscribes to any Civil Code which suggests or infers or requires a general release does not extend to claims which the 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 the debtor, and waive any comparable statute or doctrine.

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. Avale 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.

Avale and its affiliates make no warranty or condition that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.

Limitation of Liability

You expressly understand and agree that, to the fullest extent permitted by applicable law, neither Avale 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 Avale 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 Avale’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 Avale in the last six (6) months, or, if greater, ten thousand naira (n10,000).

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 SERVICES OR WITH THESE TERMS OF SERVICE, 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 WAIVER.

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 of service, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration. 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 participate in a class action.

Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.

NO CLASS ACTIONS.

You and we agree that each may bring claims to the fullest extent legally permissible against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

MODIFICATIONS TO THIS ARBITRATION PROVISION.

If we make any future change to this Arbitration provision, other than a change to our address for Notice 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.

CONFIDENTIALITY.

We each 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 Avale, 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 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 Avale will have no liability or responsibility with respect thereto. Avale 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 of Service constitute the entire agreement between you and Avale and govern your use of the Services, superseding any prior agreements between you and Avale with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of Nigeria.

With respect to any disputes or claims not subject to Arbitration, as set forth above, you and Avale agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Lagos, Nigeria.

The failure of Avale to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service 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 of Service 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 of Service without the prior written consent of Avale, but Avale may assign or transfer these Terms of Service, in whole or in part, without restriction.

The section titles in these Terms of Service 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 of Service or other matters by displaying notices or links to notices generally on the Platform.

PRIVACY POLICY

At Avale, 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 Avale’s collection and use of personal information as described in the Privacy Policy.

QUESTIONS, CONCERNS AND SUGGESTIONS.

Please contact us at HQ@Avale.africa to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.

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