MyTreatlist Terms of Service
Last Updated: December 2021
These Terms of Service constitute a legally binding agreement between you and MyTreatlist by Picsible Technologies. ( “MyTreatlist” ) governing your use of the MyTreatlist Platform. MyTreatlist’s websites (including www.mytreatlist.com) (the “Sites” ), mobile applications (the “Apps” ), and related services, information and communications are collectively referred to as the “MyTreatlist Platform.”
The use of all personal data you submit to the MyTreatlist Platform or which we collect about you is governed by our Global Privacy Policy ( “Privacy Policy” ). A copy of our Privacy Policy is available here. You acknowledge that by using the MyTreatlist Platform you have reviewed the Privacy Policy.
Your consent at registration and continued use of the MyTreatlist Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, as well as any future amendments and additions to this Agreement (as defined below) we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the MyTreatlist Platform.
The Privacy Policy and other policies are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE MYTREATLIST PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE MYTREATLIST PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
ACCESS AND USE OF THE SERVICES/PLATFORM
MyTreatlist Services Description: The MyTreatlist Services are offered as a platform to allow an individual, entity or non-profit organization (the “First User”) to create a list (“List”) on the MyTreatlist Platform to accept cash gifts (“Cash Gifts”) from Users (“Second User”) (“Users”) on behalf of the beneficiary of the First User (“Beneficiary”). Neither the First User nor the Second User will provide goods or services in exchange for gifts.
Payment Processor: MyTreatlist is not a payment processor and does not hold any funds. Instead, MyTreatlist uses third-party payment processing partners to process Cash Gifts for the First User (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are 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 primary fees for the First User to pay to create a List, please keep in mind that transaction fees, including credit and debit charges, are deducted from each transaction (hereinafter and on the website referred to as “Transaction Fees”). To learn more about the MyTreatlist Platform pricing, visit MyTreatlist Pricing..
The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. MyTreatlist facilitates the Cash Gifts of the First User and permits Second Users to offer Cash Gifts to these First Users. MyTreatlist is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by MyTreatlist relating to the Services is for informational purposes only, and MyTreatlist 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 User, 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.
MyTreatlist 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 the First User will obtain a certain amount of Cash Gifts or any Cash Gifts at all. We do not endorse any 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 anything. You, as the Second User, must make the final determination as to the value and appropriateness of contributing to the First User or any user at all.
No Solicitation: The MyTreatlist Platform is offered to help First Users receive money. MyTreatlist merely provides the technology to allow First Users to connect with Second Users. The existence of the Services is not a solicitation of gifts by MyTreatlist, and MyTreatlist does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that MyTreatlist shall not be responsible for the use of your cash gifts or the amount of funds raised for the User.
Second Users: All Cash Gifts made are at your own risk. When you send a Cash Gift through the MyTreatlist Platform, it is your responsibility to understand how your money will be used. MyTreatlist is not responsible for any offers, promises, rewards or promotions made or offered by Users; such conduct violates these Terms of Service. We do not and cannot verify the information that Users supply, nor do we represent or guarantee that the cash gift will be used in accordance with the stated purpose prescribed by a User or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. Please email policies@mytreatlist.com to report any fraudulent case. If you have reason to believe that a User is not raising or using the funds for their stated purpose, please policies@mytreatlist.com use the “Report” button on the List page (if present) to alert our team of this potential issue and we will investigate.
A. Second Users are not permitted to impose restrictions on the use of Cash Gifts by a non-profit organization, established as such under the applicable laws of incorporation (“Charity”) . To the extent that a Cash Gift is made in response to an appeal for a particular program of a Charity, or to the extent that a Second User purports to direct the use of Cash Gifts by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all Cash Gifts will be used.
B. MyTreatlist makes no representation as to whether all or any portion of your Cash Gifts, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. MyTreatlist will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Cash Gift by you, any User or any Charity. You should consult your tax advisor as to the amount of your Cash Gift that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Cash Gift in any relevant jurisdiction.
Unless the Second User opts-out of such disclosure, Second Users acknowledges and agrees that, in accordance with the Privacy Policy, certain of Second User’s personal information will be shared with the Charity to which such Second User makes a Cash Gift (including without limitation as part of a Second User List, as set forth below) and may be used by such Charity to issue official Cash Gift receipts (or equivalent document) and in accordance with the Charity’s privacy policy. MyTreatlist is not responsible, and shall not be liable, for any Charity’s use of any Second User information.
First User: You, as a First User, represent, warrant, and covenant that: (i) all information you provide in connection with a List or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Cash Gifts contributed to your List will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw cash gifts believed by reasonable Second Users to be raised on behalf of someone other than you (i.e., the Beneficiary), all Cash Gifts will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Cash Gift, 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 List; (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 Cash Gifts. You authorize MyTreatlist, and MyTreatlist reserves the right, to provide information relating to your List to Second Users, Beneficiaries of your List or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all cash gifts will be used solely for the purpose you have stated on and in connection with your List, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (for example, the Income Tax Act in Nigeria).
Your Registration Obligations: You may be required to register with MyTreatlist 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 as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Organizer or the Beneficiary of such List. You agree to keep registration information current and up to date.
Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Policy. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom MyTreatlist has entered into contracts, in order to be able to benefit from their services. If MyTreatlist or one of our Payments Processors at any time discovers that the information you provided about you or the purpose of your List is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be suspended and/or terminated with immediate effect and fines may be applied by relevant authorities, which will in all such cases be payable by you. You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.
Charities: The MyTreatlist Services include the features and services described here. All Cash Gifts are subject to a Transaction Fee for each Transaction.
A. Chargebacks and Refunds. Occasionally, a Second User may dispute a credit card charge for a Cash Gift through the Services.
1. If Cash Gifts are refunded to the First User by Paystack or Flutterwave, the Charity has control over the Cash Gifts and Charity, rather than MyTreatlist or Flutterwave or Paystack, is responsible for issuing refunds and handling chargebacks directly with Second Users.
B. Removal of a Charity from our Database. If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in MyTreatlist’s searchable database, you may contact us at policies@mytreatlist.com to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the MyTreatlist’s database, it will not be eligible to receive contributions through the MyTreatlist Platform.
C. Receiving Funds. As a Charity, receipt of Cash Gifts, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. MyTreatlist is not a payment processor and does not hold funds.
D. Taxes. MyTreatlist does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
Taxes: It is your responsibility to determine what, if any, taxes apply to the Cash Gifts 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 MyTreatlist of any unauthorized 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. MyTreatlist will not be liable for any loss or damage arising from your failure to comply with this Section.
reCAPTCHA: The MyTreatlist Platform uses the reCAPTCHA product to provide an added level of security. reCAPTCHA is subject to the Google Privacy Policy and Terms of Service.
GoogleMaps: The MyTreatlist Platform uses the Google Maps feature and content, which is subject to the then-current versions of the (a) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
Modifications to the Services: MyTreatlist 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.
A. Other Information. Please be advised that User Content and other information, solicited or unsolicited, that you provide to MyTreatlist 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 MyTreatlist 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 MyTreatlist a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license 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 MyTreatlist 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 MyTreatlist 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 MyTreatlist, 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 List or a Cash Gift), 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 MyTreatlist 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.
Sales Prohibited on the MyTreatlist Platform: You are not permitted to offer any good or service in exchange for a Cash Gift on the MyTreatlist Platform.
Data Retention: You acknowledge that MyTreatlist has no obligation to you to retain data relating to any account or List. You acknowledge that MyTreatlist reserves the right to delete data or to terminate accounts or Lists 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 Lists or accounts started by Charities on the MyTreatlist Platform, in which case MyTreatlist will provide reasonable notice where possible.
Mobile Services and Text Messages: The MyTreatlist Services include certain features that may be made available via a mobile device, including the ability to (a) upload User Content to the MyTreatlist Platform, (b) browse the MyTreatlist 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 carrier, and not all Mobile Services may work with all carriers 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 MyTreatlist account, you agree to receive automated text messages related to your account from or on behalf of MyTreatlist 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 MyTreatlist account information to ensure that your messages are not sent to the person that acquires your old number.
PROHIBITED CONDUCT
You are solely responsible for compliance with all applicable law in relation to your List 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 of the Lists you setup, you agree to deliver funds to the ultimate beneficiary 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 MyTreatlist. This list is not exhaustive and we reserve the right to remove any List 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 List, 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 List, freeze or place a hold on Cash Gifts, 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 List 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 utilize in connection with the Services;
2. any election campaigns that are not run by a registered organization within the supported country;
3. User Content or Lists 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. annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
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 behavior 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, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
9. the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
10. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
11. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
12. pornography or other sexual content;
13. offensive, graphic, perverse or sensitive content;
14. the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Lists or an attempt to bypass or otherwise circumvent the designated method of payment as provided by MyTreatlist;
15. credit repair or debt settlement services;
16. 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 List;
17. 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;
18. the sale or resale of a good or service;
19. the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
20. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
21. 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;
22. the unauthorized sale or resale of brand name or designer products or services;
23. the sale of goods or services that are illegally imported or exported;
24. processing, where there is no bona fide cash gift accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
25. the collecting or providing of funds for any purpose other than as described in a List description;
26. any other activity that MyTreatlist 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
27. any other activity that MyTreatlist 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 programs 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 unauthorized 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 MyTreatlist, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose MyTreatlist 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 List through the Services, or post User Content in any inappropriate category or areas on the Services;
H. not to create any liability for MyTreatlist 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 MyTreatlist’s sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Services;
J. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized 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 Cash Gifts you make or accept through the Services, you agree and represent, warrant and covenant:
A. not to make or accept any Cash Gift that you know or suspect to be erroneous, suspicious or fraudulent;
B. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government;
C. 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 MyTreatlist from time to time;
D. to maintain a copy of all electronic and other records related to Lists and Cash Gifts as necessary for MyTreatlist to verify compliance with these Terms of Service and make such records available to MyTreatlist 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
E. at MyTreatlist’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by MyTreatlist, 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 List or Cash Gift to which, you are connected.
MyTreatlist reserves the right to refuse, condition, or suspend any Cash Gift 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 MyTreatlist, or that expose you, MyTreatlist, 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 Cash Gifts, and transactions made through or in connection with your use of the Services.
SECOND USER CONDUCT
Cash Gifts: In order to contribute to a List or to a Charity, a Second User will be required to provide MyTreatlist information regarding the Second User’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Second User’s MyTreatlist account (a “Billing Account”). You, as a Second User, represent and warrant to MyTreatlist that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Cash Gift amount may apply, and that all Cash Gifts are final and will not be refunded unless MyTreatlist, in its sole discretion, agrees to issue a refund. MyTreatlist uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Cash Gift made, and Second Users acknowledge that by contributing a Cash Gift to a First User, the Second User 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 Processors include: Flutterwave (Flutterwave's Terms of Service) and Paystack (Paystack's Terms of Service)
ORGANIZERS, BENEFICIARIES OR CHARITIES
Account Holds: From time to time, MyTreatlist may, in its sole discretion, place a hold on a First User account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH 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 Organizer 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 First User, such as a legal beneficiary or person entitled by law to act on behalf of the First User, (iii) The First User has violated these Terms of Service, (iv) the First User is colluding with Second Users to engage in fraudulent activity, (v) there may be suspicious or fraudulent gift 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 List account, or need information about how to resolve the Hold, please see this article.
Withdrawing Cash Gifts: While MyTreatlist 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) MyTreatlist does not guarantee that Withdrawals will be available to you within any specific time frame, and (iii) MyTreatlist 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 the First User and/or Beneficiary, are responsible for ensuring that the information you provide to MyTreatlist in order to process a Withdrawal, including bank account information, is accurate and up to date. MyTreatlist may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Cash Gift(s) with or without consulting with you, which may comprise the entire amount sent to you. MyTreatlist is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by MyTreatlist issuing refunds, including, but not limited to transaction or overdraft fees.
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 authorized by MyTreatlist, 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 MyTreatlist 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 authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of MyTreatlist, 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 MyTreatlist.
The MyTreatlist name and logos are trademarks and service marks of MyTreatlist (collectively the “MyTreatlist 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 MyTreatlist. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MyTreatlist Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of MyTreatlist Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will MyTreatlist 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 MyTreatlist does not pre-screen User Content, but that MyTreatlist 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 MyTreatlist and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license 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 MyTreatlist 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 licenses, waivers and releases from such person(s) for the benefit of MyTreatlist in a manner fully consistent with the licenses, 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 licenses, waivers, and releases set forth herein (or MyTreatlist’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.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud. Although card data is processed and stored by our Payment Processors, MyTreatlist has achieved the highest level of PCI Compliance as PCI DSS Level 1 Compliance Service Provider.
Copyright or Trademark Complaints: MyTreatlist 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 MyTreatlist of your infringement claim in accordance with the procedure set forth below.
MyTreatlist will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark infringement and and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to MyTreatlist’s Copyright Agent at policies@mytreatlist.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized 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 authorized 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 authorized 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 authorization 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, MyTreatlist will send a copy of the counter-notice to the original complaining party, informing that person that MyTreatlist 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 the DMCA, trademark and other applicable law, MyTreatlist has adopted a policy of terminating, in appropriate circumstances and at MyTreatlist’s sole discretion, Users who are deemed to be repeat infringers. MyTreatlist 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.
THIRD PARTY WEBSITES/SERVICES
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”). MyTreatlist 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 MyTreatlist is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that MyTreatlist 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 MyTreatlist 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. And you agree that MyTreatlist is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold MyTreatlist and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ 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 Cash Gift or List, 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 MyTreatlist has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify MyTreatlist for the costs of its defense (including, but not limited to attorney’s 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. MYTREATLIST 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.
MYTREATLIST 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 MYTREATLIST 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 MYTREATLIST 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) UNAUTHORIZED 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 MYTREATLIST’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 MYTREATLIST IN THE LAST SIX (6) MONTHS, OR, IF GREATER, TEN THOUSAND NAIRA (₦10,000).
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.
TERMINATION
You agree that MyTreatlist, 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.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other User in connection with the Services and MyTreatlist will have no liability or responsibility with respect thereto. MyTreatlist reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.
GENERAL
These Terms of Service constitute the entire agreement between you and MyTreatlist and govern your use of the Services, superseding any prior agreements between you and MyTreatlist 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 MyTreatlist agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Lagos, Nigeria. The failure of MyTreatlist 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 endeavor 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 MyTreatlist, but MyTreatlist 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 MyTreatlist Platform. MyTreatlist may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent MyTreatlist from complying with the law. MyTreatlist 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 God, 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, recognized health threats,as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.
QUESTIONS? CONCERNS? SUGGESTIONS?
If you have any questions about these Terms of Service or about the MyTreatlist Platform, please contact us by email via policies(@)mytreatlist.com
CONSENT TO ELECTRONIC SIGNATURES
By using the MyTreatlist Platform, you agree to transact electronically through the MyTreatlist Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
ACKNOWLEDGEMENT AND CONSENT
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND AGREE THAT MY USE OF THE MYTREATLIST PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.