Terms of Service

This terms of service contains an arbitration agreement, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Under the arbitration agreement, (1) you will only be permitted to pursue claims against company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1.0 PRODUCT

Fundfinder is a mobile fundraising platform developed, operated and owned by Tripplehorn Consults Company Ltd, a limited liability company incorporated in Kenya. The Company is not a financial institution and does not accept deposits. Fundfinder, a Mobile based and Online application, enables users to discover, create, and manage fundraising campaigns efficiently and transparently.

Please read this document carefully before accessing or using Fundfinder.

2.0 DEFINITIONS

In this Agreement, the following terms and expressions shall, unless the context otherwise requires, have the following meanings:

"Account" means a Customer's virtual Fundfinder Account being the record maintained by the Company of the amount of E-Value held by the Customer and represented by an equivalent amount of cash less fees and charges held by the Company's Payment Account on the Customer's behalf.

"Agreement" means these Terms of Service or its amendments thereof from time to time.

"Balance" means the amount of E-Value from time to time standing to the credit of your Account.

"Customer" means you and every other person who is using the Fundfinder service.

"E-Value" means the electronic value recorded in a Customer's Account, such electronic value representing that Customer's entitlement to an equivalent amount of the cash amount held in the Payment Account.

"Fees" means the Transaction Fees and other charges payable under this Agreement for the Fundfinder Services.

"Fundraising" means campaigns for raising money from people or contribution and donation of money by people or groups of people for various causes or kitties.

"Mobile Phone" means your mobile phone handset or mobile device.

"Payment Account" means the account assigned to the Company by mobile money providers or payment processors through their respective platforms.

"Product" or "Service" or "Services" means any products and services offered by Fundfinder, including its website, software, and mobile applications.

3.0 TERMS AND CONDITIONS

3.1 USE OF FUNDFINDER

By using Fundfinder, you agree to these Terms of Service, which constitute a binding contract between you and the Company. You acknowledge that your use of the Fundfinder Service is voluntary and you have not been coerced to use this Service. Key terms of use include:

3.2 CUSTODY OF MONEY

The Company holds all payments and contributions received through our payment channels in trust for users. All money is sent to a common account, Tripplehorn Consults, which is a property of Tripplehorn Consults Ltd. We maintain separate trust accounts for all user funds and do not use these funds for any other purpose. The Company generates revenue solely through transaction fees of 5% of the amount contributed.

3.3 PROPRIETARY RIGHTS

The technology, software, and content underlying Fundfinder are the property of Tripplehorn Consults Company Ltd. You agree not to modify, copy, distribute, reverse engineer, or create derivative works from our software without express authorization.

3.4 PRIVACY AND DATA PROTECTION

We respect user privacy and handle personal data in accordance with applicable data protection laws. Please refer to our Privacy Policy for details on how we collect, use, and protect your information.

3.5 DISCLAIMER OF WARRANTIES

The service is provided "as is" and "as available." We make no warranties about the accuracy, reliability, completeness, or timeliness of the service. Your use of Fundfinder is at your own risk.

3.6 LIMITATION OF LIABILITY

The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the service, including but not limited to:

3.7 ACCOUNT SUSPENSION AND TERMINATION

We may suspend, restrict, or terminate your account without notice if:

3.8 GOVERNING LAW AND ARBITRATION

This agreement is governed by the laws of Kenya. Any disputes shall be resolved through binding arbitration in accordance with the Arbitration Act of Kenya. Both parties waive their right to trial by jury or participation in class action lawsuits.

3.9 CHANGES TO TERMS

We reserve the right to modify these Terms of Service at any time. We will notify users of significant changes via email or in-app notifications. Continued use of Fundfinder after such changes constitutes acceptance of the modified terms.

3.10 CONTACT INFORMATION

For questions or concerns about these Terms of Service, contact us at:

Tripplehorn Consults Ltd

Glovino’s Commercial Centre, Katani

Phone: +254703206762
Email: hello@fund-finder.org