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Subject to these Terms of Service, as amended from time to time (“Terms of Service”), MyGreen.FUND (Private) Limited provides the MyGreen.FUND platform to you through its website at www.mygreen.fund and attendant mobile applications (collectively, with any new features and applications, the “Platform”) and the MyGreen.FUND Community and related services (collectively, with the Platform, including any new features and applications, the “MyGreen.FUND Services”). If you are an Organiser (as defined below), Beneficiary or Capital Seeker (as defined below) to a green fundraiser (as defined below), comment contributor, or Donor, Lender or Investor (as defined below) (collectively referred to herein as a “User”) located anywhere in the world, you are contracting with MyGreen.FUND (Private) Limited, Mt Hampden, Zimbabwe. Unless specifically indicated otherwise, for purposes of the following Terms of Service, “MyGreen.FUND,” “we”, “us”, “our” and other similar terms, shall refer to the party with whom you are contracting.
ARBITRATION, TRIAL AND GROUP LITIGATION WAIVER: EXCEPT AS OTHERWISE STATED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A TRIAL OR TO PARTICIPATE IN A GROUP LITIGATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; 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 and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
ACCESS AND USE OF THE SERVICES
MyGreen.FUND Services Description: The MyGreen.FUND Services are offered as a platform to allow an individual, entity, business or non-profit organisation (the “Organiser”) to post a green fundraiser (“Green Fundraiser”) to the MyGreen.FUND Platform to accept monetary donations, investments or credit (“Donations, investments or credit”) from Donor, Lender or Investors (“Donor, Lender or Investors”) on behalf of the Beneficiary or Capital Seeker of the Green fundraiser (“Beneficiary or Capital Seeker”). Neither the Organiser nor the green fundraiser will provide goods or services in exchange for Donations, investments or credit.
Payment Processor: MyGreen.FUND is not a payment processor and does not hold any funds. Instead, MyGreen.FUND uses third-party payment processing partners to process Donations, investments or credit for a green fundraiser (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.
Transaction Fees: Although there are no fees to Organisers to set up a green fundraiser, please keep in mind that transaction fees, including credit and debit charges, are deducted from each donation (hereinafter and on the website referred to as “Transaction Fees”).
The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity or Green Project: The Services are administrative platforms only. MyGreen.FUND facilitates the green fundraiser of the Organisers and permits Donors, Lenders or Investors to make donations, investments or credit to these green fundraisers. MyGreen.FUND is not a broker, agent, financial institution, creditor or non-profit corporation.
All information and content provided by MyGreen.FUND relating to the Services is for informational purposes only, and MyGreen.FUND does not guarantee the accuracy, completeness, timeliness 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 green fundraisers, Charities or Projects (defined hereinafter), Donations, investments or credit, Donors, Lenders or Investors, or any information or content 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.
MyGreen.FUND has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a green fundraiser will obtain a certain amount of Donations, investments or credit or any Donations, investments or credit at all. We do not endorse any green fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any green fundraiser. You, as a Donor, Lender or Investor, must make the final determination as to the value and appropriateness of contributing to any User or Green fundraiser.
No Solicitation: The Platform is offered to help Organisers raise money. MyGreen.FUND merely provides the technology to allow green fundraisers to connect with Donor, Lender or Investors. The existence of the Services is not a solicitation of donations, investments or credit by MyGreen.FUND, and MyGreen.FUND does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organisation. By using the Services, you understand and agree that MyGreen.FUND shall not be responsible for the use of your Donations, investments or credit or the amount of funds raised for the User or Green fundraiser.
Donor, Lender or Investors: All Donations, investments or credit are at your own risk. When you make a Donation through the MyGreen.FUND Platform, it is your responsibility to understand how your money will be used. MyGreen.FUND is not responsible for any offers, promises, rewards or Promotions (defined below) made or offered by Users or Green fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Green fundraisers supply, nor do we represent or guarantee that the Donations, investments or credit will be used in accordance with any fundraising purpose prescribed by a User or Green fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Green fundraiser is not raising or using the funds for their stated purpose, please email firstname.lastname@example.org or email@example.com to alert our team of this potential issue and we will investigate.
A. Donors, Lenders or Investors are not permitted to impose restrictions on the use of Donations, investments or credit by a non-profit organisation, established as such under the applicable laws of incorporation (“Charity or Green Project”). To the extent that a Donation is made in response to an appeal for a particular programme of a Charity or Green Project, or to the extent that a Donor, Lender or Investor purports to direct the use of Donations, investments or credit by a Charity or Green Project, any such directions shall constitute non-binding recommendations only and the Charity or Green Project shall have full discretion to determine how all Donations, investments or credit will be used.
B. MyGreen.FUND makes no representation as to whether all or any portion of your Donations, investments or credit, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. MyGreen.FUND will have no liability for any claim by any national, federal, state, regional, provincial, territorial, local or any other tax authority with respect to the characterisation on any applicable tax return of any Donation by you, any User or any Charity or Green Project. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.
Organiser: You, as an Organiser, represent, warrant, and covenant that: (i) all information you provide in connection with a Green fundraiser or Beneficiary or Capital Seeker is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations, investments or credit contributed to your Green fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations, investments or credit believed by reasonable Donor , Lender or Investors to be raised on behalf of someone other than you (i.e. the Beneficiary or Capital Seeker), all Donations, investments or credit will be given to and/or spent on behalf of the Beneficiary or Capital Seeker; (iv) if you add a Beneficiary or Capital Seeker through the Services, you relinquish control of the Donations, investments or credit, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Green fundraiser; (vii) to the extent you share with us 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; and (viii) you will not provide or offer to provide goods or services in exchange for Donations, investments or credit. You authorise MyGreen.FUND, and MyGreen.FUND reserves the right, to provide information relating to your green fundraiser to Donor, Lender or Investors, Beneficiaries of your Green fundraiser or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity or Green Project to raise funds for such Charity or Green Project, you represent and warrant that: (a) you are a representative of the Charity or Green Project, which representative is authorised to raise funds for the Charity or Green Project and bind the Charity or Green Project to these Terms of Service; (b) you are raising funds for a Charity or Green Project, with a cause or activity that is legal under all applicable national, federal, state, provincial, territorial, regional and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Green fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity or Green Project has and will maintain applicable tax status under applicable law (for example, the Internal Revenue Code in the United States, the Income Tax Act in Zimbabwe or the Income Tax Act in Canada).
Your Registration Obligations: You may be required to register with MyGreen.FUND in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity or Green Project as prompted by the Services’ registration form. Organisers must register using their true identities (or the identities of the Charities or Projects’ authorised representatives), including their name, address and any image or video purporting to depict the Organiser or the Beneficiary or Capital Seeker of such Green fundraiser. You agree to keep registration information current and up to date.
Charities or Projects: The MyGreen.FUND Services include the features and services described here. All Donations, investments or credit are subject to a Transaction Fee for each Donation.
A. Chargebacks and Refunds. Occasionally, a Donor, Lender or Investor may dispute a credit card charge for a Donation through the Services. If Donations, investments or credit are refunded to the Donor, Lender or Investor, the applicable Charity or Green Project expressly agrees that: (a) it will be responsible for paying the full amount of any Donation refund due to a Donor, Lender or Investor.
B. Removal of a Charity or Green Project from our Database. If you are the authorised representative of a Charity or Green Project, and you do not wish for your Charity or Green Project to appear in MyGreen.FUND’s searchable database, you may contact us on firstname.lastname@example.org or email@example.com to request that your Charity or Green Project be removed from our database. Your email should include your full name, title and an email address and phone number associated with your Charity or Green Project. Please note that if your Charity or Green Project is removed from the MyGreen.FUND’s database, it will not be eligible to receive contributions through the Platform.
C. Receiving Funds. As a Charity or Green Project, receipt of Donations, investments or credit, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities or Projects” below. MyGreen.FUND is not a payment processor and does not hold funds.
D. Taxes. MyGreen.FUND does not withhold funds for tax purposes or otherwise. Charities or Projects will be solely responsible for taxes based on applicable international, federal, state, regional, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
E. Donor, Lender or Investor Lists and Other Data. A Charity or Green Project may access information about an Organiser of a Green fundraiser for the Charity or Green Project, Donor, Lender or Investor Lists (defined below) and Donor, Lender or Investor Data (defined below) for compliance and transactional purposes. Please contact us on firstname.lastname@example.org or email@example.com with any questions. “Donor, Lender or Investor Data” means a Donor, Lender or Investor’s name, address, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONOR, LENDER OR INVESTORS WHO CONTRIBUTE TO A CHARITY OR GREEN PROJECT’S GREEN FUNDRAISER THROUGH THE SERVICES (“DONOR, LENDER OR INVESTOR LISTS”) IS PROVIDED “AS IS”, AND MYGREEN.FUND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR, LENDER OR INVESTOR LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor, Lender or Investor ticks the “Anonymous” tick box at the time of Donation or seeks to be anonymous through other means provided herein, by using the Services, the Donor, Lender or Investor consents to the disclosure of Donor, Lender or Investor’s Donor, Lender or Investor Data as described herein, including without limitation, disclosure as part of a Donor, Lender or Investor List.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations, investments or credit you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify MyGreen.FUND of any unauthorised use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. MyGreen.FUND will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to the Services: MyGreen.FUND 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.
Content Manifestly Made Public by the User.
B. Other Information. Please be advised that User Content and other information, solicited or unsolicited, that you provide to MyGreen.FUND may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (b) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (c) you agree that MyGreen.FUND will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Other Information; (e) to the extent necessary, you hereby grant to MyGreen.FUND a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against MyGreen.FUND and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
You acknowledge and agree that MyGreen.FUND may preserve Other Information, as well as User Content, and may also disclose your Other Information or User 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 User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MyGreen.FUND, its Users or the public.
Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Green fundraiser or a donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by MyGreen.FUND to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
Data Retention: You acknowledge that MyGreen.FUND has no obligation to you to retain data relating to any account or green fundraiser. You acknowledge that MyGreen.FUND reserves the right to delete data or to terminate accounts or green fundraisers 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. The foregoing does not apply to green fundraisers or accounts started by Charities or Projects on either Platform, in which case MyGreen.FUND will provide reasonable notice where possible.
Mobile Services and Text Messages: The MyGreen.FUND Services include certain features that may be made available via a mobile device, including the ability to (a) upload User Content to the MyGreen.FUND Platform, (b) browse the MyGreen.FUND Platform, and (c) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your provider, and not all Mobile Services may work with all providers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your MyGreen.FUND account, if you click “Send code” by “Text Message”, you agree to receive automated text messages related to your account from or on behalf of MyGreen.FUND at the phone number provided. You can reply STOP to such text messages to cancel. Message frequency will vary. Message and data rates may apply. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your MyGreen.FUND account information to ensure that your messages are not sent to the person that acquires your old number.
You are solely responsible for compliance with all applicable law in relation to your green fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. If you are not the Beneficiary or Capital Seeker of the Green fundraiser you organise, you agree to deliver funds to the ultimate Beneficiary or Capital Seeker directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by MyGreen.FUND. This list is not exhaustive and we reserve the right to remove any green fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your green fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any such green fundraiser, freeze or place a hold on Donations, investments or credit, 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, you agree and represent, warrant and covenant:
A. not to use the Services to raise funds or establish or contribute to any fundraiser with the implicit or explicit purpose of promoting or involving:
1. the violation of 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 use in connection with the Services;
2. any election campaigns that are not run by a registered organisation within the supported country;
3. User Content or Green fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible;
4. 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;
5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
6. pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programmes;
7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, 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;
8. User Content that reflects or promotes behaviour that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, class, ethnicity, national origin, religious affiliation, income, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
9. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
10. offensive, graphic, perverse or sensitive content;
11. the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on green fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by MyGreen.FUND;
12. credit repair or debt settlement services;
13. 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 green fundraiser;
14. publication of User Content (such as mug shots), where we deem, in our sole discretion, that the primary purpose of posting such User Content is to cause reputational harm;
15. the sale or resale of a good or service;
16. the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
17. counterfeit music, films, software, or other licensed materials without the appropriate authorisation from the rights holder;
18. 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;
19. the unauthorised sale or resale of brand name or designer products or services;
20. the sale of goods or services that are illegally imported or exported;
21. processing, where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programmes;
22. the collecting or providing of funds for any purpose other than as described in a green fundraiser description;
23. any other activity that MyGreen.FUND 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
24. any other activity that MyGreen.FUND may deem, in its sole discretion, to be unacceptable.
B. not to use the Services to transmit or otherwise Upload any User 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 programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation; or (vi) in the sole judgment of MyGreen.FUND, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose MyGreen.FUND or its Users to any harm or liability of any type;
C. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
D. not to harvest, collect or publish personally identifiable information of others;
E. not to 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;
F. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party
G. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Green Project or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
H. not to create any liability for MyGreen.FUND or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
I. not to engage in any conduct that, in MyGreen.FUND’s sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Services;
J. not to gain unauthorised access to the Services, or any account, computer system, or network connected to the Services, by any unauthorised or illegal means;
K. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
L. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
M. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
N. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
O. not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations, investments or credit you make or accept through the Services, you agree and represent, warrant and covenant:
A. not to make or accept any Donations, investments or credit that you know or suspect to be erroneous, suspicious or fraudulent;
B. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by MyGreen.FUND from time to time;
C. to maintain a copy of all electronic and other records related to green fundraisers and Donations, investments or credit as necessary for MyGreen.FUND to verify compliance with these Terms of Service and make such records available to MyGreen.FUND upon our 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
D. at MyGreen.FUND’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by MyGreen.FUND, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or green fundraiser or Donation to which, you are connected.
MyGreen.FUND reserves the right to refuse, condition, or suspend any Donations, investments or credit or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or MyGreen.FUND, or that expose you, MyGreen.FUND, 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 or contractual obligations. This information may include information about you, your account, your Donors, Lenders or Investors, your Donations, investments or credit, and transactions made through or in connection with your use of the Services.
DONOR, LENDER OR INVESTOR CONDUCT
Donations, investments or credit: In order to contribute to a green fundraiser or to a Charity or Green Project, a Donor, Lender or Investor may be required to provide MyGreen.FUND information regarding the Donor, Lender or Investor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor, Lender or Investor’s MyGreen.FUND account (a “Billing Account”). You, as a Donor, Lender or Investor, represent and warrant to MyGreen.FUND that such information is true, current and accurate and that you are authorised to use the applicable Payment Instrument. You agree that a certain minimum Donation or Investment amount may apply, and that all Donations, investments or credit are final and will not be refunded unless MyGreen.FUND, in its sole discretion, agrees to issue a refund, for example in accordance with the MyGreen.FUND Guarantee. MyGreen.FUND uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations, investments or credit made, and Donor , Lender or Investors acknowledge that by contributing a Donation to a Green fundraiser, the Donor , Lender or Investor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners. Our current Payment Processor is mainly PayPal, Inc.
ORGANISERS, BENEFICIARIES, CHARITIES OR PROJECTS
Account Holds: From time to time, MyGreen.FUND may, in its sole discretion, place a hold on a green fundraiser account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary or Capital Seeker), initiate a reverse a transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organiser is false, misleading, or fraudulent, or funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than the Organiser, such as a legal Beneficiary or Capital Seeker or person entitled by law to act on behalf of an Organiser, (iii) a Green fundraiser or Organiser has violated these Terms of Service, (iv) the Organiser is colluding with Donor , Lender or Investors to engage in fraudulent activity, (v) there may be suspicious or fraudulent Donation activity, or (vi) such action(s) is required 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 green fundraiser account, or need information about how to resolve the Hold, please email us.
Withdrawing Donations, investments or credit from a Green fundraiser: While MyGreen.FUND strives to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately, (ii) MyGreen.FUND does not guarantee that Withdrawals will be available to you within any specific time frame, and (iii) MyGreen.FUND expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organiser and/or Beneficiary or Capital Seeker, are responsible for ensuring that the information you provide to MyGreen.FUND in order to process a Withdrawal, including bank account information, is accurate and up to date. MyGreen.FUND may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s)or Investment(s) with or without consulting with you, which may comprise the entire amount donated to your green fundraiser. MyGreen.FUND is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by MyGreen.FUND issuing refunds, including, but not limited to transaction or overdraft fees.
MyGreen.FUND uses Payment Processors to process Donations, investments or credit for your green fundraiser and thereafter deliver it to you. In order to withdraw funds from a green fundraiser, an Organiser or, if not the same, Beneficiary or Capital Seeker (collectively “Withdrawing Entity”) may be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and MyGreen.FUND that such information is true and that you are authorised to use the applicable Withdrawing Account.
By setting up a green fundraiser or accepting the role of Beneficiary or Capital Seeker to a Green fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Services as well as any and all applicable terms set forth by the applicable Payment Processors, mainly PayPal, Inc.
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 various 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. Recognising 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 authorised by MyGreen.FUND, 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 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, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by MyGreen.FUND 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 authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of MyGreen.FUND, 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 MyGreen.FUND.
The MyGreen.FUND name and logos are trademarks and service marks of MyGreen.FUND (collectively the “MyGreen.FUND 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 MyGreen.FUND. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of MyGreen.FUND Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of MyGreen.FUND Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will MyGreen.FUND be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that MyGreen.FUND does not pre-screen User Content, but that MyGreen.FUND and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User 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 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 MyGreen.FUND and its affiliated companies and Users a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable licence 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 MyGreen.FUND and its contractors and employees, from (i) 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 licences, waivers and releases from such person(s) for the benefit of MyGreen.FUND in a manner fully consistent with the licences, 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 licences, waivers, and releases set forth herein (or MyGreen.FUND’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) remove or block any Services Content or User Content from the Services.
Copyright or Trademark Complaints: MyGreen.FUND 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 MyGreen.FUND of your infringement claim in accordance with the procedure set forth below.
MyGreen.FUND will process and investigate notices of alleged infringement and will take appropriate actions under trademark infringement and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to MyGreen.FUND’s Copyright Agent at firstname.lastname@example.org CC email@example.com (Subject line: “Copyright Infringement Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work, trademark, 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 authorised by the copyright, trademark 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 authorised 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 authorisation from the owner, the 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, MyGreen.FUND will send a copy of the counter-notice to the original complaining party, informing that person that MyGreen.FUND may replace the removed content or cease disabling it in 10 business days. Unless the 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 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with copyright, trademark and other applicable laws, MyGreen.FUND has adopted a policy of terminating, in appropriate circumstances and at MyGreen.FUND’s sole discretion, Users who are deemed to be repeat infringers. MyGreen.FUND may also at its sole discretion limit access to or terminate 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.
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”). MyGreen.FUND 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 MyGreen.FUND is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that MyGreen.FUND 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 MyGreen.FUND 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 the 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.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold MyGreen.FUND and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal 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 Green fundraiser, 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 MyGreen.FUND has the right to conduct its own defence of any claims at its own discretion, and that you will indemnify MyGreen.FUND for the costs of its defence (including, but not limited to legal fees).
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. MYGREEN.FUND 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.
MYGREEN.FUND 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 MYGREEN.FUND 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 MYGREEN.FUND 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) UNAUTHORISED 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 MYGREEN.FUND’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 MYGREEN.FUND IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class (Group) 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 AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL. 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 A TRIAL OR TO PARTICIPATE IN A CLASS (GROUP) 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 national, federal, state, regional 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.
You agree that MyGreen.FUND, 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 User 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.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and MyGreen.FUND will have no liability or responsibility with respect thereto. MyGreen.FUND reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and MyGreen.FUND and govern your use of the Services, superseding any prior agreements between you and MyGreen.FUND with respect to the Services. You also may be subject to additional terms of service 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 the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MyGreen.FUND agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Republic of Zimbabwe. The failure of MyGreen.FUND 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 endeavour 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 MyGreen.FUND, but MyGreen.FUND may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. 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 Platforms. MyGreen.FUND may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganisation or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent MyGreen.FUND from complying with the law. MyGreen.FUND shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of the gods, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognised health threats, as determined by the World Health Organisation, government authority or health agencies, strikes or shortages or curtailment of transport facilities, fuel, energy, labour or materials.