Helpa Terms Of Service

Acceptance of Terms

By accessing or using the Helpa platform, you agree to be bound by these Terms. If you do not wish to agree to these Terms, you may not use the platform. These Terms constitute a legally binding agreement between you and Kanz Systems and Technologies Ltd.

Description of Service

Helpa is a fundraising platform that allows users to create fundraiser campaigns to raise funds strictly for medical emergencies. It operates similarly to GoFundMe.

Eligibility

Age: You must be at least 18 years old or have the legal capacity to enter into a contract to use the Helpa platform. If you are under the age of 18, you may only use the platform with the consent and supervision of a parent or legal guardian. The Helpa platform is currently available for use by individuals residing in Nigeria. By accessing or using our platform, you represent and warrant that you meet these eligibility requirements.

Use of the Platform

• User Accounts: To create a fundraising campaign or make a donation, you may need to create a user account on the Helpa platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• User Responsibility: Users of the Helpa platform are solely responsible for the content they create, including fundraising campaigns, updates, and other information provided. You agree not to create or promote any misleading, fraudulent, or illegal content.

Fundraising Campaign

• To create a fundraising campaign or make a donation, you may need to create a user account on the Helpa platform.
• No multiple Campaigns. A user may only create one fundraising campaign per time. Multiple campaigns for the same medical conditions are only allowed when they are created by different persons at different times.
• Campaign Verification: Helpa reserves the right to verify the authenticity of the medical bills and fundraising campaigns. We may request additional documentation or information from users to ensure transparency and legitimacy
• Campaign creators will be notified by email whenever there is a donation on their campaign.
• Once the target for a particular campaign has been met, the campaign will move to the completed campaign dashboard and the creator of the campaign will be notified immediately.

Identity Verification (KYC)

To protect donors and beneficiaries, all campaign creators and payout recipients are required to complete identity verification before campaings can be created and funds can be disbursed.

• You agree to provide valid government-issued identification (such as NIN, BVN, international passport or driver's licence), banking details and any other documents we reasonably request to verify your identity, the identity of the beneficiary, and the authenticity of the medical condition or hospital bill.
• Where the campaigner is not the beneficiary, you must provide proof of relationship to or authorisation from the beneficiary (or their legal guardian, where applicable).
• We may pause, restrict or freeze any account or payout pending the completion of verification, and we may decline to release funds where verification cannot be reasonably completed.
• Submitting false, misleading or fabricated verification documents will result in immediate account termination and may be reported to the relevant authorities.

NGO and Organisation Campaigns

In addition to individual campaigns, registered non-governmental organisations (NGOs) and other charitable entities may use the Helpa platform to raise funds for verified medical and humanitarian causes.

• NGOs must provide valid registration documents (e.g. CAC certificate, evidence of charitable status), the identity details of authorised signatories, and any other documents we reasonably request before being approved to run campaigns.
• Funds raised by an NGO must be used solely for the cause stated in the campaign. NGOs agree to maintain accurate records and, on our request, to provide reports or evidence demonstrating how funds have been used.
• NGOs are solely responsible for compliance with all laws applicable to their operations, including tax, reporting, and donor-relations obligations.
• We reserve the right to suspend or remove an NGO campaign, and to withhold or refund associated funds, where we reasonably believe that the NGO has breached these Terms or applicable law.

Commission

Helpa takes a percentage of the money raised as commission fees on the funds raised through the platform. You can learn more about our commission policy here

Payment Processing, Payouts and Fees

• Helpa utilises third-party payment processors to handle transactions on the platform. By using the platform, you agree to be bound by the terms and conditions of these payment processors in addition to these Terms.
• In addition to our commission, payment processor fees, transfer charges and applicable taxes may be deducted from amounts raised. The net amount payable to a campaign creator is the funds raised less these fees.
• Payouts are released only after the relevant identity and campaign verification has been completed. We aim to process eligible payouts within a reasonable period (typically a few business days), but timing is not guaranteed and may be affected by banking, processor or compliance reviews.
• We may set a minimum payout threshold and may, at our discretion, batch or schedule payouts. Detailed, current information on fees, thresholds and payout timelines is published on the Helpa website and may be updated from time to time.
• Where a chargeback, reversal or refund is initiated by a donor or by a payment processor, you agree that we may deduct or recover the corresponding amount from your campaign balance or future payouts.

Prohibited Activities

You agree not to engage in any activities that may:

• Violate any applicable laws, regulations, or third-party rights.
• Use the Helpa platform for any illegal, fraudulent, or unauthorized purposes.
• Impersonate any person or entity or provide false information.
• State any untrue or false information with respect to any fundraiser, medical condition or patient.
• Interfere with or disrupt the operation of the platform.

Intellectual Property

• Ownership: All content and materials on the Helpa platform, including but not limited to logos, trademarks, text, graphics, images, videos, and software, except for those belonging to affiliated third parties are the property of Kanz Systems and Technologies Ltd or its licensors and are protected by intellectual property laws of Nigeria including Trademarks and copyrights.
• License: By using the Helpa platform, you are granted a limited, non-exclusive, non-transferable license to access and use the platform for its intended purposes. You may not modify, copy, distribute, reverse-engineer or create derivative works based on the platform without our prior written consent.

Privacy Policy and Data Protection

Your privacy is important to us. Our Privacy Policy, available on the Helpa website, explains how we collect, use, store and protect your personal information. We process personal data in accordance with the Nigeria Data Protection Act 2023 and any other applicable data-protection laws and regulations. By using the platform, you consent to the collection and use of your information as described in our Privacy Policy.

Disclaimer and Limitation of Liability

• Use at Your Own Risk: The Helpa platform is provided on an "as-is" and "as available" basis. We do not guarantee the accuracy, completeness, or reliability of the platform. Your use of the platform is at your own risk.
• No Liability: To the maximum extent permitted by applicable law, Kanz Systems and Technologies Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Helpa platform.
• Compliance with applicable Laws: You agree to comply with all applicable laws, regulations, and third-party rights while using the Helpa platform. You are solely responsible for ensuring that your fundraising activities and use of funds raised through the platform comply with all legal requirements.
• Fraudulent campaigns; Where upon due investigation it is discovered that the campaign created is a scam and fraudulent one Helpa reserves the right not initiate payout to the campaign. The funds raised shall be refunded to the donors less the processing fees as well as involve the authorities where necessary.

Indemnity

You agree to indemnify, defend and hold harmless Kanz Systems and Technologies Ltd, Helpa Care Foundation, and their respective directors, officers, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in any way connected with: (i) your access to or use of the Helpa platform; (ii) any content or information you submit, post or transmit through the platform; (iii) your breach of these Terms or any applicable law; or (iv) any misrepresentation made by you, including in relation to a campaign, beneficiary, medical condition or use of funds raised.

Modifications and Termination

• Modifications: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Helpa website. It is your responsibility to review the Terms periodically.
• Termination: We reserve the right to terminate or suspend your access to the Helpa platform, at our sole discretion and without prior notice, if we suspect that your account may have been compromised, including but not limited to a violation of these Terms.

Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
• The parties shall first attempt in good faith to resolve any dispute, claim or controversy arising out of or relating to these Terms or the use of the Helpa platform through informal negotiation. Either party may initiate this process by sending written notice (including by email to hello@helpa.me) describing the dispute.
• If the dispute is not resolved within thirty (30) days of such notice, it shall be referred to and finally resolved by arbitration administered under the Arbitration and Mediation Act 2023 of the Federal Republic of Nigeria. The arbitration shall be conducted by a sole arbitrator, the seat of arbitration shall be Lagos, Nigeria, and the language of the arbitration shall be English.
• Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from a competent court, or from pursuing claims of intellectual property infringement in any court of competent jurisdiction.

Contact Us

If you have any questions or concerns regarding these Terms or the Helpa platform, please contact us at hello@helpa.me. By using the Helpa platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.