TERMS AND CONDITIONS

DIA-Fund LLC (Diasporas in America (DIA) Fund) is a company registered in Delaware, United States of America.

The following terms and conditions (“Terms”) are for anyone who uses our service (“Users”). By engaging in our services you are bound to and are deemed to have understood the following;

  1. DIA-Fund is an application available on Android and IOS operating systems or online at a www.diasporasinamericafund.com (“App”, “Platform” or “Site”)
  2. Users can use the platform to either;
    1. Make a charitable donation, or
    2. to choose to help an advertiser with their request (“Giver”), in return for a charity donation to a charity of their choice
  3. (“Services”).
    1. Registration and Membership
      1. All Users of the Platform (via the App or Site) shall be required to register for an account.  Registration allows DIA-Fund to know our customer in compliance with our KYC policy, the help identify local organizations within a variety of locations, support U.S.-based Diaspora Organizations connect to local entities for the provision of project support and capacity building and also to track donations they have raised, or charities donated to on their behalf.
      2. At the time of registration, Users will be required to choose a username and password for their account. It is each Users responsibility to ensure that they keep this information private and secure.  Users shall also have the option of login by using their PayPal login details.
      3. Username must not contain rude, offensive or immoral language and any such usernames shall be removed without notice.
      4. Individual Donor Registration with DIA-Fund is free of charge. do not intend to charge for this service, however we retain the right to start charging fees in the 1 future, if we believe it is necessary. If this should happen, Users shall be notified before any change takes place.
      5. Future, if we believe it is necessary. If this should happen, Users shall be notified before any change takes place.
    2. User Responsibilities
      1. Once registered, Users shall be able to track and review ranked local non-governmental organizations for volunteer opportunities, or, Users can browse the Platform to see where they can provide financial support to local non-governmental organizations for impact.
      2. Adverts are not verified by us, and as we cannot carry out checks on all of our Users, we recommend that Users answering adverts take sensible precautions when meeting with others.
      3. Users are encouraged to carry out their own checks, especially where things such as childminding or care work is involved.  DIA-Fund cannot take responsibility for the actions of the Users of the Platform and meeting up with other Users is always at your own risk.
      4. Users should be honest and truthful in their communications on DIA-Fund and information should be clear and concise to avoid any confusion or issues.
      5. Users are responsible for all communication between themselves and other Users, and all communication is kept private.  We ask that communication is kept respectful, does not contain matters that may cause offense or is immoral.  Any reported incidents will be dealt with by the team at DIA-Fund.
      6. Users are not insured through DIA-Fund, and so, Users seeking help for things where trust is required, should be mindful that whilst they have communicated with the individual online, they are still strangers. DIA-Fund cannot be held responsible or accept liability for any situation that takes place off of the platform.
      7. Users should always be cautious when attending or asking other Users to attend their homes or other private places.  DIA-Fund cannot be held responsible for the actions of Users off of the platform.
    3. Our Responsibilities
      1. DIA-Fund is a platform which means that we are responsible for ensuring that you have access to the platform and its purpose.  However, we are not responsible for the execution of volunteer opportunities in country when and if, you decide to visit the local non-government organizations.
      2. We shall not tolerate rude, immoral or illegal behavior on our platform(s), and any issues reported as such, or projects containing such material will be removed. We also retain the right to suspend Users accounts, without notice and to also notify the relevant authorities, where we believe it to be necessary.
      3. DIA-Fund ranks local non-governmental organizations based on answers as part of the application process as well as giving DIA-Fund access to spot check audits within local non-governmental organizational users of the platform.  Local non-governmental users with consistently bad ratings may be removed by us, without notice.
    4. Charity Options and Donations
      1. At the core of DIA-Fund is getting information to the user to make an informed gift to an indigenous charity in a developing country.
      2. DIA-Fund is not affiliated with any of the featured charities nor are we agents of the charities.  As such, all donations are made to the charities as a single donation, sent on a monthly basis.
      3. As there are so many charities and so many amazing causes, we provide Users with information on the basis of which we rank charities to allow them on our platform and for users to choose from. For more information on our methodology for rating see our transparent and details, please let us know by sending us an email at support@diasporasinamericafund.com.
    5. Payment and our Fees
      1. When an advert is posted on the Platform, you are asked to enter an amount of money to donate on behalf of the User who answers your advert and carries out the job.  In order to do this, you must register a valid debit or credit card.
      2. Payments made through the platform are taken via the secure payment portal; Stripe.  Stripe has their own terms and conditions and we do not cover their website(s). So, Users making payments, or registering any card details, should read the terms and conditions on Stripe’s website which can be found here (www.stripe.com)
      3. If for any reason you have any payment related disputes or queries, you should direct these to Stripe.
      4. DIA-Fund charges local non-governmental organizations a $10 fee to process the application. There is no fee for individuals to register, we do take a fee of 10% from your donation amount.  This consist of a 3.0% credit card transaction fee that does directly to Stripe, the other 7% allows us to support the platform. The rest of your donation is sent to the relevant charity at the end of the month with all the other donations for that charity.
      5. Any fees we take are taken to help maintain and improve the business and your experience of the Platform.  Please feel free to contact us at support@diasporasinamericafund.com with any suggestions you may have.
      6. Fees for using certain types of cards are dependent on Stripe and we refer you to their website terms and conditions to view these.  Payment fees are included in the 10% fee we take out of the donation amount, so you don’t have to add any additional costs to your donation.
      7. Users are not permitted to give cash to Users or to transfer money to them for their assistance.  Users must pay for assistance through the Platform to the chosen charity.
    6. Copyright and Intellectual Property
      1. All logos, trademarks, names and other intellectual property (“IP”) on our website or Apps belong either to us, or are licensed to us or someone else. You are not permitted to copy, download, use or distribute them and any User found to be infringing upon these rights shall be removed from the platform and reported accordingly. Intellectual Property infringement is illegal and can be a criminal offence.
      2. DIA-Fund are the owners or the licensees of all intellectual property rights in and on our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
      3. You must not use any part of the IP on our site for commercial purposes without obtaining a license to do so from us or our licensors.
    7. Legal Liability
      1. DIA-Fund of the nature of our business, we can’t guarantee the operation of the service, or the content provided through the service. By agreeing to these terms and conditions you agree that your use of the service is at your sole risk. Despite this, we will always try our best to provide you with the best service possible, where we can. We also have little control over the reliability, timeliness, and performance of this service.
      2. DIA-FUND can’t control your use of the service, or anyone else’s and we trust that users will use the service in the way it is intended.  You specifically acknowledge that DIA-FUND is not liable for defamatory, offensive or illegal conduct by you or by third parties, and you understand that all risks and responsibility for damages and losses arising from any bad conduct by you, is your responsibility.
      3. DIA-FUND shall not be liable for any damages from use of the service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if DIA-FUND has been advised of the possibility of these damages. The disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of or limitations on certain warranties or damages. Therefore, some of the above exclusions or limitations may not apply to you. In no event shall DIA-FUND’ aggregate liability to you exceed the amounts paid by you to DIA-FUND under this agreement
      4. You shall indemnify DIA-FUND and its personnel against all Liability and Losses asserted against or suffered by You or any other person and arising out of or in connection with services, materials or information provided by DIA-FUND; and/or asserted against or suffered by DIA-FUND or any other person (including You) and arising out of or in connection with services, materials or information provided by or on behalf of You, and including without limitation losses and expenses incurred by DIA-FUND directly.
      5. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of American and the internal laws of the State of Delaware, U.S.A. as applied to agreements entered into and completely performed in the State of Delaware. You and DIA-Fund each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in Kent County, Delaware.
      6. In these Terms the expression “Services” shall include without limitation the making of any statements by DIA-FUND or on its behalf in connection with these terms. For the purpose of this clause 7 DIA-FUND contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.
      7. For the purposes of this clause 7:
        1. “Liability” means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise
        2. “Losses” means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage
        3. “Personnel” includes partners, officers, employees, agents and representatives.
        4. Should any claim arise in contract or in tort (including negligence) or otherwise, DIA-FUND’ maximum aggregate liability shall in no circumstances exceed an amount equal to the DIA-FUND’ Professional Indemnity cover.
    8. Relationship
      1. DIA-FUND is an information sharing and platform, with the purpose of introducing Users who need help with Users who wish to help, in consideration of a charity donation. This means that there is no relationship between you and us, other than us being the provider of an introductory service.
      2. You are under no obligation to use the DIA-FUND platform and we are under no obligation to allow Users to use it.
      3. As we are an introductory service, we cannot be held liable whatsoever for any issues or disputes between Users, once they have been introduced.  However, DIA-FUND retain the right, at their discretion, to block Users from accessing the site where Users can be seen to receive consistent negative feedback, or DIA-FUND receives complaints for Users.
    9. Severance
      1. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
    10. Termination
      1. Users are able to deactivate their account at any time.
      2. Where Users are reported to have breached these terms, we reserve the right to suspend an account without notice to the User.
      3. When an account is deactivated, by either us or you, the content of the account may still be viewable upon internet searches, as such, Users are advised to delete any photos related to their account which they want to have removed.
    11. Assignment
      1. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party.
    12. Force Majeure
      1. DIA-FUND shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of DIA-FUND or any national or international law, governmental order or regulation or any other event beyond DIA-FUND’ control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, DIA-FUND shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
    13. Jurisdiction
      1. The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms. You acknowledge that DIA-FUND will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that DIA-FUND shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
    14. General
      1. These terms shall supersede any and all previous agreements or terms and the terms of business, which are normally used by You.
    15. DIA-Fund may, from time to time amend or change these terms. Any changes will be updated onto the platform and you should check back from time to time to view such updates.
    16. No Class Action
      1. You and DIA-Fund agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor DIA-Fund will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or DIA-Fund acts or proposes to act. You and DIA-Fund further agree that no proceeding will be joined, consolidated or combined with another proceeding without the prior written consent of you, DIA-Fund, and all parties to any such proceeding.