These Terms and Conditions (“Terms and Conditions”) are provided on behalf of Fursa Ventures and its affiliates (“Fursa Ventures”, “we”, “us”, “our”). By using www.growmyhustle.com, including any sub-domain thereof (the “Site”), you signify that you have read, understand and agree to be bound by these Terms and Conditions, regardless of whether you are a registered member of the Service. Please read them very carefully. If you do not wish to be bound by these Terms and Conditions, you should not access or use the Site. In addition to these Terms and Conditions, you may enter into other agreements with our partners. If there is any contradiction between these Terms and Conditions and another agreement you enter into that is applicable to a product or service offered on the Site then the other agreement will take precedence as it applies to the product or service. In these Terms the expression: “Backer” shall mean any person registered on this Site that supports or backs a Project. “Contribution” shall mean a contribution to a Project. “Reward” shall mean any product or service provided by a project in return for a Backer’s support for a Project. “Non-cash Reward” shall mean any non-cash incentive (such as goods, services or events) offered by a project in return for a Backer’s support for a Project. “Project” shall mean any organisation or initiative listed on this Site for which a Project wishes to gather Support. “Support” shall mean any funds or other support provided by you to a Project, through this Site to support a Project including gifts or loans. Eligibility This Site is intended solely for users who are 18 years of age or older, and any registration or use of the Site by anyone under 18 is unauthorized and in violation of these Terms and Conditions. By using the Site, you represent you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms and Conditions. If you violate any of these Terms and Conditions or violate any other agreement with us, we may terminate your registration, delete your loan listing and any content or information that you have posted on the Site and/or prohibit you from using or accessing our products and services or the Site. Privacy Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Site. We will not share or sell any of your information with any third party, except as specifically described in our privacy statement, which is incorporated by reference into these Terms and Conditions. Registrations and Applications You may be presented with the opportunity to register through the Site. When you register, become a backer, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you and restrict your future use of the Site and our products and services. We reserve the right to reject any registration and/or decline any application for a project. Projects will be taken through Fursa Ventures application process to determine viability. Fursa Ventures can ask the Project Owner for more information at any point within the application process Your Account When you successfully register with us you will be required to create an account on the Site. When you create an account, you must pick a username and a password. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You may be required to login in order to use certain parts of the Site. Your Content and Information Sharing By providing information or content on the Site, you expressly agree to all of the following:
  • You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world license to use any information or content that you provide in connection with your use of the Site and our services, subject to the privacy provisions described in our privacy policy. We have the right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content.
  • You are solely responsible for the content and information you make available through or in connection with our products and services.
All the information and content posted on the Site or privately transmit through the Site or via other means in connection with our services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omission in any information or content posted by a user. Restrictions on Use You agree to abide by all applicable laws and regulations in your use of the Site and our products and services. In addition, you agree that you will not do any of the following:
  • register for more than one account (unless the additional account is for purposes of applying for additional products or services), or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  • post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
  • post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, misleading, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type
  • post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
  • use the information or content on our Site to send unwanted messages to any other user;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • post or otherwise make publicly available on the Site any personal or financial information of any third party;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • use the Site or our products and services in any manner that could damage, disable, overburden or impair the Site;
  • harvest or collect email addresses or other contact information of our users from the Site by electronic or other means, including via the use automated scripts; or
  • post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Viruses You are responsible for ensuring that all information, data and files are free of viruses and do not interfere with any system or data prior to being submitted to this Site. Whilst Fursa Ventures makes all reasonable attempts to exclude viruses from this Site, we do not accept responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using this Site. You are strongly recommended to take all appropriate safeguards before using this Site.   Termination Fursa Ventures reserves the right to cancel a Project profile and refund all associated Backers’ payments at any time for any reason without notice. Fursa Ventures may terminate your access to all or any part of this Site at any time for any reason without notice and may change, suspend or discontinue all or any part of its online services at any time without notice.   If Fursa Ventures terminates your access to this Site or suspends your account for any reason other than a breach of these Terms or as a result of criminal activity, we will endeavour to return any funds that belong to you within thirty(30) days. In situations where funds have already been transferred to a Project, the Project will have a continuing duty to use its reasonable endeavours to provide to you directly the Rewards associated with the Project for which you have provided Support.   Fursa Ventures reserves the right to suspend accounts with no transaction history for a continuous period of two (2) years. Fursa Ventures will make all reasonable endeavours to notify the account holder prior to the suspension of an account in the following ways: 1) a notification email two years after the account’s last transaction; 2) a second notification email fourteen (14) days after the first notification email is sent; 3) a final notification email fourteen (14) days after the second notification email.   If the account remains inactive within thirty (30) days after the final notification email is sent, it will be suspended. The account holder will forfeit sums held in the account and they will be non-refundable. Fursa Ventures reserves the right to transfer the funds to a charitable organisation of its choice. All provisions of these Terms which either expressly or impliedly survive termination or expiry of these Terms shall survive termination or expiry, including but not limited to Terms regarding warranty disclaimers, indemnities and limitations of liability.   Copyright All materials on this Site are owned by and subject to the copyright of Fursa Ventures, affiliated Projects or third parties. No part of this Site, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of the copyright holder. You are, however, permitted to access, copy and reproduce materials for your personal non-commercial use only. 13.3. You retain copyright and any other rights you already hold in content which you submit, post or display on or through this Site. By submitting, posting or displaying the content you give Fursa Ventures a continuous, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, publicly display and distribute any content which you submit to the Site, unless otherwise agreed in writing between you and Fursa Ventures. Copyright Complaints If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at info@fursaventures.com. In your notification please:
  • confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
  • identify the copyrighted work or works you claim has been infringed;
  • identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material;
  • provide your contact details, including an email address; and
  • provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
Changes and Modifications We reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site, for any reason, without notice to you. We may also change the Terms and Conditions from time to time without notice to you. Please review these Terms and Conditions from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms and Conditions. Links We are not responsible for the information practices employed by sites linked to or from our website. In most cases, links to non-Fursa Ventures websites are provided solely as pointers to information on topics that may be useful to our users. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information. No Warranty; Errors The Site and our products and services are provided “as is” and without any representation or warranty, whether express, implied or statutory. Fursa Ventures, our officers, directors, agents, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Site or any of our Services, and the operation of the Site may be interfered with by numerous factors outside of our control. We cannot guarantee and do not promise any specific results from use of the Site and/or our products and services. Calculators and tools on the Site provide you with estimates that may be different than actual amounts. Although we provide rules for user conduct and postings, we do not control nor are we responsible for what users post on the Site or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site or our products or services. You agree that we may promptly correct any error that we discover, including any error in calculating your loan rates. If the error results in your receipt of an incorrect interest rate, APR or origination fee, we will notify you and provide you with the correct rate. You agree to provide any additional consent necessary to correct any errors that occur. Limitation of Liability While every effort has been taken to ensure that all content is correct and not misleading, Fursa Ventures cannot and does not verify all of the information contained on this Site. Projects are fully responsible for the accuracy of the information disclosed on this Site in relation to Projects and it is your sole responsibility to verify the information. Fursa Ventures, therefore, accepts no liability, either express or implied, for any direct, indirect or consequential loss suffered due to the accuracy or completeness of information contained on the Project pages of this Site. This limitation includes, but is not restricted to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; wasted expenditure or time; loss of goodwill; or other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not. Liability for loss of or damage to property and death or personal injury Fursa Ventures is not responsible for ensuring that activities and events organised by Projects are covered by appropriate insurance. By participating in such activities or events you acknowledge that Fursa Ventures is not liable for any loss of or damage to personal property that may occur. Notwithstanding any other provision of these Terms, Fursa Ventures does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions.   Risks of backing a Project featured on this Site Fursa Ventures is committed to providing a secure platform for Backers to provide support to ethical Projects profiled on this Site. Fursa Ventures shall ensure that Projects seeking to raise funding through this Site do so for Projects which in Fursa Ventures’ reasonable opinion through the Fursa Ventures’ Project Review Process will in sum, create positive change in the world. The profiling of Projects on this Site should not be taken as an endorsement. Fursa Ventures is in no way responsible for and does not control the activities of Projects. By agreeing to participate in any Project or otherwise using this Site, you understand that Fursa Ventures makes no representation or warranty in relation to the activities of Projects and accepts no liability for any loss as a result of a Project’s acts or omissions. Prospective Backers should be aware that any funds given by Backers to Projects will be unsecured. Supporting a Project involves significant risks and Backers may not recover all or part of any funds given, therefore Backers should not participate in a Project unless they can readily bear the consequences of such a loss. Fursa Ventures does not accept responsibility for the partial or total loss of any funds given to a Project featured on this Site. Prospective Backers acknowledge that: Projects Fursa Ventures makes no projections as to the anticipated performance of Projects that appear on this Site, some of which may be start-ups with no operating history. The extent to which Projects will be able to achieve their objectives may depend on factors outside their control, for which Fursa Ventures does not accept responsibility. All projects on http://www.growmyhustle.com are required to reach their Milestone 1: Tipping Point before their project closes in order to receive all their funds. If the target is not reached, all Backers of the project will be reimbursed, less banking charges. Rewards Non-cash Rewards associated with Projects featured on this Site are supplied by the Project to its Backers directly. Fursa Ventures plays no role in the transfer of such Rewards and makes no representations or warranties regarding the appearance, quality, adequacy or suitability of such Rewards. Except for payments Fursa Ventures receives from Projects in satisfaction of sums owed to their Backers, Fursa Ventures is under no legal or contractual obligation to provide to you any of the Rewards that appear on this Site. By participating in a Project you acknowledge that Fursa Ventures is not responsible and shall bear no liability if for any reason the Project fails, whether in whole or in part, to provide a Reward associated with a Project. It is not intended that anything stated in this Site should be construed as contribution advice or as an invitation or inducement to engage in contribution activity and this Site and the communications made on or through it are not therefore regulated financial promotions. Any person who is in any doubt about backing a Project featured on this Site should consult an independent financial advisor or other appropriately qualified persons. Intellectual Property You agree that “growmyhustle.com”, “growmyhustle”, and all logos related to our products and services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Website, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property. Miscellaneous These Terms and Conditions shall be governed in all respects by the laws of the Republic of Kenya, without regard to its provisions relating to conflict of laws. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. Effective Date: April 20, 2017. If you have questions or concerns regarding these terms, you should contact us by emailing us at info@growmyhustle.com.