Terms and Conditions

EnnRevEnnSourir.org Website terms and conditions between Enn Rev Enn Sourir (“we” or “us”) and the users of this website (“you” or “User”)

1. Introduction

1.1 Welcome to Enn Rev Enn Sourir (gdq.lkl.mybluehost.me) (the “Website”) ( “we” or “us”). These Terms (“terms and conditions”) govern your use of the website and its associated services.

1.2 The Website is an online platform where supporters can donate money (“Donation”) to support projects endorsed by Enn Rev Enn Sourir and have access to information about the progress of the fund-raising campaigns undertaken by Enn Rev Enn Sourir.

1.3 Please read these terms and conditions carefully. Do not continue accessing this website should you not wish to be bound by these terms and conditions.

1.4 You agree that you have read and understood these terms and conditions and you agree to be bound by these terms and conditions each time you use the Website.

1.5 These terms and conditions may change or be updated from time to time. Enn Rev Enn Sourir will notify the users of the Website of any update to the terms and conditions on the Website through the following procedure:

1.5.1. The website page contains a change log, which will feature a statement each time the Terms and Conditions are amended.

1.5.2. Users will also receive a notification through the e-mail they have provided via the NGO’s website, informing them of the aforementioned change in the Terms and Conditions.

1.5.3 Your further use of the service after a change to our Terms and Conditions will be subject to the updated Policy.

2. Terms for Supporters

Donating to a Project: General

2.1 Donations are subject to a minimum of MUR 75 per Donation. Donations will be processed in Mauritian Rupee which is indicated on the campaign and payment pages. If your payment card is in a different currency, conversion fees may apply, and may be charged to you by your financial institution.

2.2 Donations to a campaign will be charged to your credit or debit card at the time you make your Donation. Credit or debit card Donations will be deposited into Enn Rev Enn Sourir’s account, and held in the account for the duration of the Project campaign and for 5 – 15 days after the Fundraising Deadline. After this time, Enn Rev Enn Sourir will promptly transfer your Donation to the bank account of the beneficiaries of a Project.

Changes to and cancellations of Donations

2.3 You may not cancel a Donation (even if a Project has reached or exceeded its Fundraising Target before the Fundraising Deadline) once your Payment has been collected. If you wish to increase your support for a Project after your Donation has been processed, you should make a further Donation.

2.4 If you disagree with how a Project has used your Donation, you should raise this with Enn Rev Enn Sourir.

Further support for Projects

2.5 Supporters may be invited to assist in promoting a Project online (e.g., by spreading the word on Facebook, Twitter or email) and/or by word of mouth. If you choose to do so, you must comply with all lawful instructions, guidelines and requirements imposed by the Enn Rev Enn Sourir when doing so.

2.6 Enn Rev Enn Sourir takes no responsibility for the acts, omissions and communications of users in promoting or engaging with a Project, or not.

Contributions to Enn Rev Enn Sourir and transaction fees

2.7 The total Contribution shown on the payment page will include all transaction fees applicable to your Donation. Transaction fees are charged by our payment providers; the balance of the Contribution will be transferred to Enn Rev Enn Sourir.

2.8 Payment providers process Contributions at or around the time when your Donation is processed.

2.9 Unfortunately, we are not able to refund any part of a Contribution (including transaction fees) if your Donation is returned because a Project is cancelled or for any other reason.

Tax deductions and receipts

2.10 When you make a Donation, you will receive a digital receipt from us for the amount of your Donation. In some cases Donations made to a project will be tax deductible, but in other cases the Donation may not be tax deductible.

2.11 It is your responsibility to confirm whether Enn Rev Enn Sourir has the appropriate legal status to allow you to claim a tax deduction.

2.12 In exchange for being allowed to use the Website, you agree that we will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.

3. Terms for Projects

3.1 All requests to set up a campaign for a Project are vetted by Enn Rev Enn Sourir prior to launch.

3.2 The acceptance of a Project for inclusion on the Website is at Enn Rev Enn Sourir’s sole discretion. Submissions for Projects must meet certain qualifying criteria in order to be considered for listing on the Website.

3.3 Time-limited Fundraising campaigns for Projects are limited in duration to a minimum of 1 day and a maximum of 180 days from the date the campaign goes live on the Website. We do not accept any responsibility for any Project not reaching its Fundraising Target by the expiry of the Fundraising Deadline.

Charge Backs

3.4 You acknowledge and agree that in some circumstances (such as fraud or error), Enn Rev Enn Sourir and its payment providers may be required to reverse a Payment made via the Website (“charge back”). As a project beneficiary, you agree to indemnify Enn Rev Enn Sourir for all losses, costs and expenses it incurs as a result of a charge back associated with your Project (including all fees charged by our payment providers associated with that charge back)(“Charge Back Amount”).

4. Terms for All Users

Use of the Website

4.1 You must fully and accurately complete your billing information in order to donate to Enn Rev Enn Sourir.

4.2 You must be 18 years or older to Donate to Enn Rev Enn Sourir and to use the Website and its associated service.

4.3 You must provide accurate, complete, and current information when you submit your donations with Enn Rev Enn Sourir and must keep this up to date. Failure to do so constitutes a breach of these terms and conditions.

4.4 You must give your real name on the Website. You must not use any name or term that:

a) is the name of another person, with the intent to impersonate that person;
b) is subject to any rights of another person, without appropriate authorization; or
c) is otherwise offensive, vulgar, or obscene.

4.5 Enn Rev Enn Sourir reserves in its sole discretion the right, at any time and without notice:

(a) to cancel, reject, or suspend a Project campaign;

(b) to cancel or reverse a Donation made to a Project; and

(c) to remove, edit, or modify any Content, including, but not limited to, any User submission, for non-compliance with these terms and conditions, and in cases where Enn Rev Enn Sourir suspects fraud or error, or for any other good reason.

(d) to use a Donation for the specified Project, but also for other Projects and to fulfil the needs of the NGO within the bounds of its objectives (the financing of paediatric services for children in need).

4.6 Enn Rev Enn Sourir also reserves the right to reverse a Donation made to a Project including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the Donation is processed, including without limitation in the case of a charge back. Any fees will be deducted from the original amount of your Donation prior to us issuing any refund to your account.

4.7 Making a Donation does not entitle a Supporter to any interest in, or benefit from, the Project.

Tax-Deductible Giving

4.8 Donations and Contributions made via Enn Rev Enn Sourir may or may not be tax deductible for taxation purposes.

4.9 It is your sole responsibility to determine the taxation consequences, if any, of making a Donation. If you wish to make or receive tax deductible Donations via the Website, it is your responsibility to check whether the relevant Project or Enn Rev Enn Sourir qualifies as an entity that is legally allowed to issue tax deductible in your jurisdiction.

4.10 Enn Rev Enn Sourir does not represent, warrant or guarantee:

(a) that any Donations made via the Website will be deductible for income tax purposes; or

(b) that the information provided on the website regarding the patient’s cases or any other content regarding Enn Rev Enn Sourir’s activities is accurate and/or up-to-date

4.11 You unconditionally and irrevocably agree to:

(a) consent to any act or omission that would otherwise infringe your moral rights in the Content; and

(b) waive all or your moral rights in the Content to the extent permitted by law.

4.12 All intellectual property rights comprised in or relating to the Website (including the [Enn Rev Enn Sourir] logo and site design) and the name Enn Rev Enn Sourir.org (“IP”) belong to Enn Rev Enn Sourir. Your use of any IP owned by third parties may be subject to a third party’s terms and conditions of use. Nothing in these terms and conditions (or otherwise on the Website) constitutes a transfer or licence of any IP to you.

4.13 Except to the extent that applicable laws prevent Enn Rev Enn Sourir restraining you from doing so, you must not decompile, disassemble, or otherwise attempt to derive any source code or underlying algorithms of any part of the Website, nor copy, transfer, rent, lease, distribute (including, without limitation, communicating to the public), modify, translate, or otherwise create derivative works of any part of the Website.

Your Conduct, Representations and warranties

4.14 You personally represent and warrant to Enn Rev Enn Sourir that:

(a) you are at least 18 years of age

4.15 You represent and warrant to Enn Rev Enn Sourir, personally that:

(a) you have the legal capacity and authority to agree to these terms and conditions and grant the Licence (including, if you are accepting these terms and conditions on behalf of a Project, that you are authorised to do so) ;

(b) all the information you have provided to Enn Rev Enn Sourir as a Supporter is accurate and up-to-date.

Indemnities

4.16 You agree to indemnify Enn Rev Enn Sourir, its affiliates, and each of its affiliates’ employees, officers, contractors, directors, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:

(a) your use or misuse of, or wrongful access to, the Website,

(b) any act of fraud, breach of applicable law or wilful misconduct by you or on your behalf.

4.17 You agree to notify Enn Rev Enn Sourir of any matter(s) that could reasonably be expected to fall within above as soon as possible after you become aware of such matter(s).

4.18 Enn Rev Enn Sourir reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you must assist and cooperate with Enn Rev Enn Sourir in asserting any available defences.

4.19 The indemnities in clause 4.16 above survive termination of these terms and conditions.

Disclaimers and Limitation of Liability

4.20 If you are a consumer, you have certain rights under consumer protection legislation (“Consumer Rights”), which cannot be excluded or limited by Enn Rev Enn Sourir. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these terms and conditions is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in your Consumer Rights:

(a) Enn Rev Enn Sourir excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these terms and conditions; and

(b) Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.

4.21 If your Consumer Rights prevent Enn Rev Enn Sourir from excluding any of the representations, warranties, guarantees or other obligations in relation to the services offered on the Website, to the extent to which Enn Rev Enn Sourir is entitled to do so and despite any other provision in these terms and conditions, Enn Rev Enn Sourir limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at Enn Rev Enn Sourir’s option:

(a) the supply of the affected services again; or

(b) the payment of the cost of having the affected services supplied again.

4.22 Enn Rev Enn Sourir introduces Supporters to Projects via the Website, but it is a Supporter’s responsibility to investigate independently and satisfy him or herself as to the identity of a Project and the veracity of any claims on a Project page. Enn Rev Enn Sourir does not represent, warrant or guarantee:

(a) the identity, contact details or bona fides of the Project, or the accuracy of any statements made on Project pages;

(b) the feasibility, suitability, appropriateness or success of a Project;

(c) that the Social Venture will use your Donation for the Project in accordance with the statements on its Project page;

(d) the Social Venture’s capacity or willingness to carry out a Project or provide any Perks offered; nor

(e) that the full amount of Donations collected or pledged on the Website will be received in full and without deduction by Enn Rev Enn Sourir in all circumstances (for example, Donations may be reversed where a fraudulent transaction is proven, or may not be collected if a Supporter does not have sufficient funds available or has had their credit or debit card cancelled at the time collections are attempted).

4.23 To the fullest extent permitted by law and subject to clause 4.20, Enn Rev Enn Sourir excludes all liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with:

(a) your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability;

(b) any dealing you have with any charity, not-for-profit, entity, organisation or individual who uses the Website;

(d) the failure by a Project to meet its obligations under these terms and conditions.

4.24 Neither you nor Enn Rev Enn Sourir will be liable for any delay in performing or failure to perform any of our obligations under these terms and conditions if that delay or failure is due to an Intervening Event. A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.

Rights of Data Subjects using your website

4.25 Enn Rev Enn Sourir takes your privacy very seriously. All your Content and your personal information is held in accordance with the Enn Rev Enn Sourir Privacy Policy. Please review this document carefully to ensure you understand it before accepting these Terms.

4.26 In accordance with the Data Protection Act 2017, Enn Rev Enn Sourir guarantees the respects of the rights Supporters hold in their capacity as data subjects

4.27 The processing of your personal data is conducted in compliance with the Data Protection Act. As such, the personal data is:
(a) Processed legally with a clear view as to how the information will be used in accordance with your rights;
(b) Collected for specified, explicit and legitimate purpose
(c) Accurate and kept up to date;
(d) Retained for no longer than is necessary for the relevant purposes while taking into account of the legal requirement of the retention period of at least 7 years;
(e) Only processed if the data are kept appropriately secure.

4.28 Your express consent, taking the form of a clear affirmative action, will be required for processing of your personal data. You have a right to withdraw consent at any time, in a manner that shall be as accessible as that used to grant consent.

4.29 A free copy of the processed data shall be provided to the Supporter within one month upon written request by the Supporter. However, Enn Rev Enn Sourir reserves the right to charge a ‘reasonable fee’ if your requests are manifestly excessive or repetitive.

4.30 Enn Rev Enn Sourir shall provide appropriate information on the processing procedure and be transparent as to how it uses personal data (as provided in the Privacy Policy). Enn Rev Enn Sourir shall provide this information to the Supporter at the time information is obtained (if obtained directly) or within a reasonable period (if obtained indirectly) upon written request.

4.31 The Supporter may request to ‘be forgotten’ or be deleted from the database of Enn Rev Enn Sourir subject to exceptions, if the processing causes him or her damage or distress. However, there are some specific circumstances where Enn Rev Enn Sourir may reject the deletion request if such requests are not in line with other laws pertaining to record keeping public interest, historical, statistical or scientific research for the establishment exercise or defence of legal claim

4.32 The Supporter has the duty to notify and update Enn Rev Enn Sourir of any change in the information maintained by it at any time.The personal data of the Supporters must be rectified if they are inaccurate or incomplete and the Group must inform any third parties accordingly if it has disclosed such data to them. Further, Enn Rev Enn Sourir will also have to inform its Supporters about the third parties (service providers; Data Processors) to whom the data have been disclosed.

4.33 The Supporter has the right to object, in writing, at any time to the processing of his or her personal data, to receiving e-mails pertaining to marketing or is causing, substantial distress or damage which is unwarranted. Upon receiving an objection in writing, Enn Rev Enn Sourir shall stop processing the personal data immediately

Third Party Sites

4.34 The Website may contain links to third-party websites, and third-party websites and resources may contain links to the Website. The inclusion on another website of any link to the Website does not imply endorsement by, or affiliation with, Enn Rev Enn Sourir. When accessing third party websites, you do so at your own risk.

Termination

4.35 If you are a Supporter, Enn Rev Enn Sourir may terminate your access to the Website, without cause or prior notice.

4.36 If you wish to terminate your User account, you may do so by following the instructions on the Website.

Changes to the Website and these terms and conditions

4.37 Enn Rev Enn Sourir reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. Enn Rev Enn Sourir does not guarantee that any content will be available through the Website at all or specific times.

Governing Law

4.38 These terms and conditions are governed by the laws of Mauritius.

Interpretation

Content means all content submitted by you and made available through the Website including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software and scripts.

Project means a social initiative that is launched by Enn Rev Enn Sourir and for which that project campaigns for Donations through the Website.

Supporter means an individual who donates to a Project.