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Milaap Guarantee Programme

Milaap Guarantee Programme

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1. Introduction:

Nearly all Milaap fundraisers are accurate with funds being delivered and used for their stated purpose. In the rare instance of fraud, the Milaap Guarantee (the “Guarantee” or “Policy”) ensures that donations and donors are protected. Users are welcome to ask questions about any fundraiser team works diligently to answer your questions and resolve concerns quickly. But if your issue is not sufficiently addressed, then we are here to help.

2. For Donors:

Donors may receive a refund (or other resolution as described below) when they make an online donation via the Milaap platform (“Platform”) to a Covered Fundraiser¹ and the organizer or beneficiary (if one exists) of the Covered Fundraiser commits a Fraud.

For purposes of this Policy, “Fraud” means any of the following:

  1. The Intended Beneficiary and/or the Intended Purpose were falsified
  2. The Recipient does not utilize the funds towards the benefit of the Intended Beneficiary (as defined below);
  3. The fundraiser’s content is intentionally inaccurate with respect to a material fact about the organizer, beneficiary, or purpose, which Milaap determines is the principal reason upon which a reasonable donor would rely in making a donation; or
  4. Other deceptive conduct by the organizer or beneficiary or recipient that Milaap determines, in its sole discretion, warrants a full or partial refund.

If Milaap determines, in its sole discretion, that a Fraud has occurred, Milaap will reimburse you the amount of your donation(s) made through the platform.

All resolutions are decided by Milaap in its sole discretion, and all of its determinations are final.

3. Donor Exclusions:

The following situations are excluded and do not give rise to benefits under this Policy:

  1. Seeking a refund for any fundraiser that is not a Covered Fundraiser, namely any fundraiser that doesn’t have Milaap Guarantee stamp on it;
  2. Donations made to fundraisers which provide tax-exemption benefits.
  3. Seeking a refund for your donation to your own fundraiser;
  4. Seeking a refund for donations not transacted on the Platform;
  5. Personal disagreement with or dislike of the organizer or beneficiary, not limited to their demographic, socio-economic status, medical/clinical decisions made;
  6. Disagreement with how an organizer or beneficiary uses funds raised in excess of the stated fundraiser goal.
  7. Donor is connected directly or indirectly with the misuse of the Campaign funds
  8. Disagreement with Milaap for any reason; and/or
  9. Any reason not based on the documented, objectively held belief that a Fraud has occurred.

You may be able to receive a refund in some instances even if you do not qualify for benefits under this Policy. Please contact Milaap with questions

4. Donor obligations:

To make a claim under this Policy, you must meet the following criteria:

  1. You did not in any way cause, contribute to, participate in, or induce the Fraud, whether directly or indirectly;
  2. You agree to notify Milaap if at any time you receive any information pertaining to the fundraiser’s authenticity that has not been displayed on the campaign page or its updates section
  3. You agree to fully cooperate with any investigation by Milaap or a law enforcement authority
  4. You agree that if you receive compensation for your claim from any person or entity other than Milaap (for example, you receive a refund from the organizer through a court proceeding), you will return to Milaap any such amount provided to you under this Policy.
  5. You still own the payment instrument you used to make the donation at issue and are authorized to accept a funds transfer through that payment instrument;
  6. You must not have already filed a chargeback nor received a refund for the same donation.

5. Beneficiary Obligations:

If you are a beneficiary receiving funds under this Policy, you must meet all of the following additional requirements:

  1. You must be clearly identified by the fundraiser’s content as a beneficiary of the Covered Fundraiser;
  2. You did not in any way cause, contribute to, participate in, or induce the Fraud, whether directly or indirectly;
  3. You agree to notify Milaap if at any time you receive any information pertaining to the fundraiser’s authenticity that has not been displayed on the campaign page or its updates section
  4. You must not have received all of the funds raised by the fundraiser, exclusive of refunds, offline donations, and any other applicable payment-processor or third-party fees;
  5. You submitted a claim within one year of the fundraiser’s creation date;
  6. You agree to report the Fraud to your local law enforcement authority in the form of an official written report before receiving the funds; and
  7. You agree to return any contributed funds back to Milaap if the missing funds due to the Fraud are ultimately provided to you by any person or entity other than Milaap, including the organizer or pursuant to a court order.

6. No Assignment or Insurance or Warranty:

This Programme Policy is not a warranty against any fraud or misuse by the Champion or any other person related to the Campaign. Milaap discounts any liability in this regard. This Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Policy. The benefits provided under this Policy are not assignable or transferable by you.  Milaap shall not be liable for any indirect, consequential or incidental losses incurred by you having made a donation placing reliance on the Milaap Guarantee logo. The maximum liability of Milaap in any situation whatsoever will be limited to refunding your donations to any Campaign for which you are eligible for a refund as per the terms of this Programme Policy.

 7. Modification or Termination:

Milaap reserves the right to modify or terminate this Programme Policy, at any time, in its sole discretion, and without prior notice and liability and without assigning any reason whatsoever. Your continued donation to any Campaign containing the Milaap Guarantee logo is your acceptance of the modified Programme Policy.

8. Milaap’s Terms of Service:

The terms of this Programme Policy applies to you in addition to Milaap’s Terms of Service, which is incorporated into this Programme Policy by reference. In the event of conflict, this Programme Policy will take precedence. 10. Any dispute arising out of this Programme Policy will be governed by the dispute resolution clauses in the Milaap Terms of Service.

9. No Waiver:

You agree that Milaap’s decision to grant benefits under this Policy does not constitute a waiver of its right to decline refunds, payments, or other benefits in the future for any reason in its sole discretion.