Terms and Conditions
Dated 4th October 2016.
1.1. These are the terms that govern your use of the Do it Now Now website (the “Site”), the Startups for Africa website (the “SFA Site”), the Africa Network website (the “AN site”) and the DiNN Fund platform (the “Platform”) your relationship with Do it Now Now Ltd (“we”, “us” or “our”). If you do not agree to these Terms and Conditions (“Terms”), please do not register for, apply to, or use the Site, SFA Site, NA Site or Platform, collectively referred to as “the Sites” or as “Do it Now Now Sites”.
1.2. By agreeing to these Terms you appoint us as your agent to conclude a separate and direct agreement between you and each campaign you support.
1.4. Your use of the Sites constitutes acceptance of these Terms, which take effect on the date of your first use of the Sites.
1.5. In these Terms the expression:
1.5.1. “Backer” shall mean any person registered on the Platform as a supporter of a Campaign.
126.96.36.199 “User” shall mean any person using the Sites in any capacity
188.8.131.52 “Campaign” shall mean any startup or initiative using the Platform to raise money.
1.5.7. “Support” shall mean any funds or other support provided by you to a user, through the Sites to support a Campaign including gifts, donations, funds, mentorship or loans.
1.5.2. “Donation” shall mean a monetary contribution to a Campaign on the Platform.
1.5.3.“Do it Now Now”, “Startups for Africa” and DiNN Fund are the trading names of Do it Now Now Ltd. Company number 10165356 registered in England and Wales.
2.1. Do it Now Now Ltd reserves the right to change these Terms at any time. Your continued use of this Site after changes are posted online constitutes your acceptance of the Terms as modified.
Interruptions, errors and omissions
3.1. Whilst all reasonable endeavours will be made to ensure the maintenance and availability of the Sites, Do it Now Now Ltd does not accept liability arising from any errors, omissions, interruptions of service or delays that may occur in connection with the Sites.
3.2. There may be times when our online services are unavailable due to planned maintenance. We will try to inform you in advance of any such suspension through a general notice on the Sites but this may not always be practicable.
3.3. We may vary the specification of the Sites from time to time without notice.
4.1. The minimum age requirement for registering to use the Sites is 18.
4.2. “Founder” shall mean the individual or team behind the idea, design and facilitation of a Campaign outside of the Platform
4.3. All Mavens must be over 18 at the date of their application to be eligible to campaign on the Platform.
5.1. Those who wish to use the Sites will be required to create a username and password.
5.2. Any breach of security or unauthorised use of security information on the site must be reported to Do it Now Now Ltd immediately; via email to email@example.com.
5.3. Do it Now Now Ltd reserves the right not to act on your instructions if it reasonably suspects that the person acting on the Sites, as you, is not you or it suspects unauthorised use or fraudulent activity.
6.1. You must ensure that all information supplied by you is true, accurate, and up-to-date at all times.
6.2. You agree to use the Sites only for lawful purposes and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of the site by any third party.
6.3. You are solely responsible for any information submitted by you to the Sites. You hereby agree that any content posted by you on the Sites will not:
6.3.1. be misleading;
6.3.2. break any law or encourage an illegal act;
6.3.3. be defamatory, abusive or offensive;
6.3.4. infringe the copyright, privacy, confidentiality or other right of any third party;
6.3.5. contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; and/or
6.3.6. bring Do it Now Now Ltd or the Sites into disrepute.
6.4. You must not under any circumstances seek to undermine the security of the Sites or any information submitted to or available through it.
6.5. You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of the Sites.
6.6. Users of the Sites should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, users should ensure that they are able to use the Sites without contravention of legal restrictions in the jurisdiction in which they reside.
6.7. You are responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms, and that they comply with them.
Limitations of liability
7.1. While every effort has been taken to ensure that all content is correct and not misleading, Do it Now Now Ltd cannot and does not verify all of the information contained on the Sites. Users and Founders are fully responsible for the accuracy of the information disclosed on the Sites and it is your sole responsibility to verify the information. Do it Now Now Ltd therefore accepts no liability, either express or implied, for any direct, indirect or consequential loss suffered due to the accuracy or completeness of information contained on the pages of the Sites. This limitation includes, but is not restricted to:
7.1.1. loss of income or revenue;
7.1.2. loss of business;
7.1.3. loss of profits or contracts;
7.1.4. loss of anticipated savings;
7.1.5. wasted expenditure or time;
7.1.6. loss of goodwill;
7.1.7. or other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not.
7.2. Do it Now Now Ltd hereby excludes all representations, warranties and conditions relating to the Sites and your use of it to the maximum extent permitted by law.
Risks of backing a Campaign featured on the Sites
8.1. Do it Now Now Ltd is committed to providing a secure platform for Backers to provide support to ethical Campaigns profiled on the Sites.
8.2. Do it Now Now Ltd shall ensure that Campaigns seeking to raise funding through the Sites do so for Campaigns which in Do it Now Now Ltd’s reasonable opinion will in sum, create positive change in Africa or the diaspora.
8.3. The profiling of Campaigns on this Site should not be taken as endorsement for investment activity or as a guarantee as to the quality of products produced by the Campaign or its Founders.
8.4. Do it Now Now Ltd is in no way responsible for and does not control the activities of Campaigns. By agreeing to participate in any Campaign or otherwise using the Sites, you understand that Do it Now Now Ltd makes no representation or warranty in relation to the activities of Campaigns and accepts no liability for any loss as a result of a Campaigns’s acts or omissions.
8.5. Prospective Backers should be aware that any funds given by Backers to Campaigns will be unsecured. Supporting a Campaign involves significant risks and Backers may not recover all or part of any funds given, therefore Backers should not participate in a Campaign unless they can readily bear the consequences of such a loss. Do it Now Now Ltd does not accept responsibility for the partial or total loss of any funds given to a Campaign featured on the Sites.
8.6. Prospective Backers acknowledge that:
8.6.1. Do it Now Now Ltd makes no projections as to the anticipated performance of Campaigns that appear on the Sites, some of which may be startups or initiatives with no operating history.
8.6.2. The extent to which Campaigns will be able to achieve their objectives may depend on factors outside their control, for which Do it Now Now Ltd does not accept responsibility.
8.6.3. Perks associated with Projects featured on this Site are supplied by Do it Now Now Ltd to its Backers directly.
184.108.40.206 While Do it Now Now Ltd produces merchandise, Do it Now Now does not directly produce all products that can be claimed on the site.
220.127.116.11 Do it Now Now Ltd claims no responsibility for the quality of service, quality of product, delivery or warranty of any products or services purchased on an alternate site to the Sites.
18.104.22.168 External bodies appearing on the Sites in any capacity are not recommended by Do it Now Now unless expressly stated in such terms as, “Do it Now Now Ltd recommends this …”
8.7. By participating in a Campaign you acknowledge that Do it Now Now Ltd is not responsible and shall bear no liability if for any reason the Campaign fails, whether in whole or in part.
8.8. It is not intended that anything stated on the Sites should be construed as investment advice or as an invitation or inducement to engage in investment activity and the Sites and the communications made on or through it are not therefore regulated financial promotions.
8.9. Any person who is in any doubt about backing a Campaign featured on the Sites should consult an independent financial advisor or other appropriately qualified persons.
- Refunds may be requested and permitted within 24 hours of Backer monetary support of a Campaign.
Liability for loss of or damage to property and death or personal injury
10.1. Do it Now Now Ltd is not responsible for ensuring that activities and events organised by Campaigns are covered by appropriate insurance. By participating in such activities or events you acknowledge that Do it Now Now Ltd is not liable for any loss of or damage to personal property that may occur.
10.2. Notwithstanding any other provision of these Terms, Do it Now Now Ltd does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions.
Links to other sites
11.1. The Sites contain links to websites of other companies, charities and organisations. The links are provided for your convenience only. Do it Now Now Ltd does not approve or endorse any third party or its website and takes no responsibility for the content or security of such sites. Do it Now Now Ltd accepts no liability for any direct, indirect or consequential loss you may suffer as a result of the use of websites owned or operated by third parties.
11.2. Furthermore, Do it Now Now Ltd will not be party to or in any way responsible for any agreement or transaction concluded between you and any such third party website owner or operator.
12.1. You are responsible for ensuring that all information, data and files are free of viruses and do not interfere with any system or data prior to being submitted to the Sites.
12.2. Whilst Do it Now Now Ltd makes all reasonable attempts to exclude viruses from the Sites, we do not accept responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using the Sites. You are strongly recommended to take all appropriate safeguards before using the Sites.
13.1. All materials on the Sites are owned by and subject to the copyright of Do it Now Now Ltd, affiliated Campaigns or third parties.
13.2. No part of the Sites, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of the copyright holder. You are, however, permitted to access, copy and reproduce materials for your personal non-commercial use only.
13.3. You retain copyright and any other rights you already hold in content which you submit, post or display on or through this Site. By submitting, posting or displaying the content you give Do it Now Now Ltd a continuous, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, publicly display and distribute any content which you submit to the Site, unless otherwise agreed in writing between you and Do it Now Now Ltd.
14.1. Do it Now Now Ltd reserves the right to cancel a Campaign profile and refund all associated Backers’ payments at any time for any reason without notice.
15.1. These Terms are only intended to be enforceable by you and Do it Now Now Ltd. A person who is not a party to these Terms has no right to enforce any of these Terms.
15.2. If any of these Terms are determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then they shall be severed and deleted from these Terms without affecting the enforceability of the remaining provisions.
16.1. These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.
17.1. If any dispute arises in connection with these Terms, the parties will attempt to settle it by mediation. Unless otherwise agreed between the parties, the mediator will be nominated by Do it Now Now Ltd, the mediation will be conducted in London, UK and all negotiations up to and including the mediation shall be strictly confidential.
18.1. The courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute arising out of these Terms (including a dispute regarding the existence, validity or termination of all or part of these Terms or the consequences of its nullity).