1. Welcome
This page explains our terms of use. When you use Backmywork.com, you agree to all the rules on this website. Before using this website, if you have any questions relating to any section within these Terms of Use (the “Terms and Conditions”), please email our support team at support@backmywork.com. These Terms and Conditions apply to you, your access to and use of www.backmywork.com (the “Website”), and any other website or service that links to these Terms and Conditions (collectively, the “Services”). Please read the terms carefully before you start to use the website. By using the Website, you accept and agree to adhere to and abide by these Terms and our Privacy Policy, found at https://www.backmywork.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these terms and conditions or the privacy policy, you must not access or use the website. We may revise and update these terms and conditions from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the website following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. The services on this website are provided by “Wowfunds International Limited”. (“Backmywork.com”), and your use of the Services is subject to these Terms and Conditions. “We,” “our” or “us” refers to Wowfunds International Limited and collectively, “BackMyWork.com” Supporters, creatives, Artistes, and users will collectively be referred to as “you”. These terms govern your use of this website and our products and services (defined below). By using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you may not use this website or any services of Backmywork.com. We reserve the right, at our sole discretion, to change or modify portions of these terms at any time. You will be able to access most of our website without having to register any details with us; however, in order to create a project or campaign, you will need to register certain details with us.
2. The Service
We provide a medium that provides a funding platform that allows individuals, artists, creatives, or anyone at all who agrees to these Terms of Use and any other applicable policies or regulations to set up a creative project to be funded or donated to by supporters or backers worldwide through our platform (“Campaign”). This platform is also used by donors, backers, supporters, and funders who choose to make donations to campaigns or projects (“Supporters”). This also applies to anyone accessing the platform at any time for any reason (“Users”). Backmywork.com does not endorse any campaign, creative project, supporters, donors, or users, and we make no guarantee, express or implied, about the accuracy or correctness of any information about a campaign, creative project, supporter, funder, or user. We do not guarantee that your use of the service will be successful. Any information provided by Backmywork.com relating to the service is only for informational purposes, and we make no assurances as to its accuracy or reliability.
3. Project
Backmywork.com provides a platform for creatives, individuals, and artistes (“creators”) to set up creative work (“projects”). When a project has been created on the platform, the creator automatically invites donors, supporters, and backers to support the project and forms an agreement with them. Funders, donors, supporters, and backers who decide to support or back a project accept the creator’s offer of a project. Backmywork.com is not a part of the relationship between the creator and the supporters.
Features of a Project:
- When a project has reached its funding goals, it is mandatory for the creator to complete the project and fulfill its aims.
- The creator must ensure that all supporters are carried along as the project is created. The creator owes the supporters a duty of care, honesty, diligence, integrity, hard work, and honest communication in ensuring there is no diversion of donations or funds and that donations are used only for the project and making it a reality. This fulfills the Creator’s obligations.
- The supporters must also understand that the project is a creative work and that unforeseen or unexpected circumstances may occur; there may be modifications, changes, delays, and even an inability to conclude the project.
- A creator must think carefully and be confident after having put all projected estimations into place before setting a project delivery date.
- Where a creator is unable to complete a project or bring the project to life, they have failed in their obligations to the supporter. They must take additional reasonable steps to ensure the project becomes the best possible reality for the supporters.
- A creator is said to have taken additional reasonable steps to remedy the situation if: the supporters are individually updated on the progress or status of the project, disbursement of the funds, challenges delaying completion, how funds have been used, and the demonstration of the creator’s honesty, good faith, hard work, and integrity;
- A timeline or schedule is posted on a possible completion date.
- Where the project can no longer be completed and there are remaining funds, the creator offers to use the remaining funds either for another project, a refund, or to explain how the funds will be used.
All these obligations are the sole responsibility of the creator for their project. If unable to effectively take the additional reasonable steps, they may be subject to legal action by supporters.
4. Creators
A creator is a creative, individual, or artist.
When creating a project, these are the following terms:
- You can cancel an individual supporter’s pledge if you want by refunding the supporter’s pledge, provided it is after the project has been fully funded. If you refund, you have no obligations towards such a supporter any longer. Backmywork.com fees shall be charged and deducted before the payment partners make payment into your account.
- Where there are issues with a supporter’s credit or debit card, such payments cannot be collected, and we cannot guarantee that the amount of funding that will be sent to you will be exactly the amount pledged less our fees. You will be updated.
- Where there are disputes over card payments by a supporter, we will help resolve this in collaboration with the payment partners. You will be notified about the dispute. Where the case is resolved in favor of the supporter, you will authorize us to debit the credit card number you provided to us when registering with us for the project to pay back the supporter.
- There may be potential delays in launching your project when you had expected. This could be due to our internal processing or a problem we are resolving. Do not assume that when your project has been fully funded and the campaign has closed, you are immediately funded.
- There may be some delays between the end of a successful campaign, the collection of funds from supporters’ accounts, and the final deposit in your account.
- Creators are not to take action in reliance on a fully funded project until the funds have been deposited in the creator’s account for use.
5. Supporters
A supporter can fund or donate to any project by a creator.
The following are the terms when supporting a project:
- When a supporter makes a donation payment to a project through Backmywork.com, the supporter undertakes full responsibility as to how such funds will be applied. Backmywork.com takes no responsibility for any proposals, offers, or promises made to supporters or users; we do not and cannot verify the information that supporters or users rely on.
- When supporting a project, your payment information will reserve a charge on your account, but you will only be debited if the project reaches its funding goal. If the project does not meet its funding goals, you will not be debited.
- You can make additional pledges toward a project but cannot cancel a pledge already made.
- The delivery date of each project is an estimated date put up by the creator. There may be delays in the schedules as the creator commences work on the project, but the creators will inform supporters.
- Backmywork.com does not offer refunds, as the sole responsibility for finishing or delivering a project is that of the project creator. We do not keep or hold funds or donations on behalf of creators, nor do we guarantee their works or offer refunds for undelivered projects.
6. Payment Processor
Backmywork.com is not a payment processor and, as such, holds no funds or donations. We use third-party payment processing partners to process funds. You agree and recognize that the use of third-party payment processors is integral to the services and that we exchange information with payment processors in order to facilitate the provision of services. Our payment processors collect fees, which may vary based on your location. Some funds pledged are collected by payment providers. Each payment provider has its own policies. Backmywork.com is not responsible for the performance of the payment processor or payment providers.
7. Backmywork.com Transaction Fees
Registration with Backmywork.com is free. When you create a project that is fully funded, Backmywork.com charges a 10% service charge. Any additional fees to be charged will be sent to you for review before being charged. Where our service fees subsequently change, they will be announced on the website.
You are responsible for any additional fees charged for using our website or any taxes charged based on your location.
8. Registration
- All creators and supporters will be required to register with Backmywork.com in order to access and use certain features of the services. If you choose to register for the service, you agree and warrant to provide and keep providing correct, true, and current information about yourself and the purpose for your registration on the platform. (Listing registration information is required.) You agree to keep registration information current and up-to-date.
- Users may also be required to register in order to make use of the services on the platform. Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Policy. In order to make use of the services (including organizers, supporters, and users), you must be at least 18 years of age or the age of majority in your jurisdiction (whichever is lower).
Certain areas of this website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you choose not to provide such information, you may not be able to access certain content or features or participate in various areas of the website.
9. Security
You are solely responsible for the security of your account; any damages that arise from your failure to secure your account will not be covered by us. To best protect your account, please keep your password confidential. You are responsible for all activity on or through your account. If you believe your account is compromised, you agree to:
- Immediately notify Backmywork.com of any unauthorized use of your password or account or any other breach of security.
- Sign out of your account at the end of each session when accessing the services. Backmywork.com will not be liable for any loss or damage arising from your failure to comply with this section.
Backmywork.com will not ask you to reveal your password. If you forget your password, you can visit this page to reset it.
Our Privacy Policy explains how we collect, use, and disclose your personal information and protect your privacy when using our services. By using our services, you agree that Backmywork.com (Wow Funds) can use your information in accordance with our privacy policy (available at https://www.backmywork.com/privacy-policy/).
In the event that there exists any inconsistency between these Terms and our privacy policies, the Privacy Policy shall take precedence.
10. User Conduct
You are responsible for all activity on your account. We welcome your comments regarding the website; however, please behave responsibly when using our website.
We reserve the right to delete, move, or edit any content posted on this website for any reason. By using our services, you agree that any and all content that you contribute to Backmywork.com
- Is owned by you or that you hold an appropriate license(s) to use such content.
- Contains no copyrighted or other protected material owned by others.
- Contains no misleading, inaccurate, or dishonest statements.
- Does not impersonate another business, individual, or charity.
- Does not constitute, promote, or encourage illegal acts.
- Does not explicitly or implicitly violate any policy posted on our website.
- Does not infringe or violate other people’s rights.
- Contains no discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our website is being used.
- Contains content that is harmful in nature, including, without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; does not victimize an individual or group of individuals with hurtful or hateful language.
You agree that you will indemnify, defend and hold harmless Backmywork.com, its subsidiaries, and all of their direct and indirect officers, directors, employees, agents, successors, and assigns from any and all third-party claims, demands, actions, or threats of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties, and threatened losses due to, arising from or relating to your use or contribution of Content to the Website that violates the above User Conduct requirements of that infringes any third party intellectual property rights. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to our website in breach of this section.
You shall not use our website while distracted or preoccupied, such as when operating a motor vehicle. You should access our website only with due regard for your own safety and the safety of others.
11. Taxes
Backmywork.com does not withhold funds for tax (or similar levies and duties) purposes or otherwise. Creators are solely responsible for taxes based on applicable laws. It is your sole responsibility to determine what, if any, taxes apply to the money received through your use of the service. It is solely your responsibility to evaluate, collect, and remit the correct tax to the appropriate tax authority.
12. Publicity of Content
You agree that the information you provide to us and the content you share on the platform are public and may be publicly accessible. By sending us this information, you acknowledge that we are under no obligation of confidentiality, expressed or implied, with respect to the information; we will have unrestricted use and dissemination of the information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. Intellectual Property
We are not trying to steal your content or use it in an exploitative way. Unless indicated otherwise, you have complete ownership of your own content, and you give us permission to post it on our website.
By posting your content, you grant us permission to use and/or publicly display works of your content, modify, edit, reformat, and translate as we deem fit. We are not liable to pay any royalties to you or anyone else based on our use of your content on BackMyWork.com. Backmywork.com does not claim any ownership rights in the content you upload to the website. It is your responsibility to make sure your content does not contain copyrighted material unless you have permission from the rightful owner. Backmywork.com will bear no liability for any unauthorized use of third-party rights or interests or mistakes in the contents uploaded by you or for you on our Website.
You agree and acknowledge that you will not use any intellectual property rights, goodwill, trademarks, patents, trade secrets, or logos accruing to Backmywork.com. 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 Backmywork.com trademarks displayed on the Services without our prior written consent.
If you believe a user has infringed upon your rights with their Backmywork campaign or account, we ask that you contact our fraud protection team at Support@Backmywork.com. If needed, we reserve the right to edit, modify, or delete any of your content.
14. Backmywork.com Content
You are welcome to use our content to help promote your campaign or project, but please don’t post it elsewhere without our permission! Our content is protected by copyright, trademark, and other applicable laws. Use our logo and other copyrights or trademarks solely to promote your Backmywork.com campaign page; they may not be used without our prior written consent.
Examples of our content are the text on the website, our logo, and designs created by our design team.
You may not otherwise use, publicly display, or prepare derivative works of our content other than in connection with your campaign on Backmywork.com, unless we give you permission in writing.
15. Copyright/Trademark
You represent that you own all trademark rights, copyrights, rights of publicity, and other intellectual property rights necessary to create and conduct a campaign or project. You agree to provide us with evidence of this upon request. Your failure to do so may result in the cancellation of your account and/or campaign or project.
You agree that you will indemnify, defend and hold harmless Backmywork.com, its subsidiaries, and all of their direct and indirect officers, directors, employees, agents, successors, and assigns from any and all third-party claims, demands, actions, or threats of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties, and threatened losses due to arising from or relating to your use of trademarks, copyrights, rights of publicity or other intellectual property in your Campaign/project that infringes any third party intellectual property rights or laws.
Backmywork.com retains all ownership rights in any designs created by our designers and may not be used by you other than in connection with your campaign or project on this website without our consent.
16. Fraud
Fraud will be regarded as a serious matter and appropriate action will be taken, including, but not limited to, withholding payouts and/or account termination, or any other action within our rights, if fraudulent activity is detected.
You agree that all information you provide in connection with your campaign or project is accurate and is not likely to deceive reasonable donors, and that all donations to your project will be used solely as described in any promotion of your campaign or project.
You agree not to:
- Falsely claim a connection to an intended supporter or donor organization.
- Deceive others in order to get money from individuals believing they are making donations to charitable organizations or causes.
- Publish deceiving statements on a campaign or project page.
- Upload content that infringes on the intellectual property of another person, business, or organization.
We reserve the right to provide information relating to your campaign or project to donors, supporters, or beneficiaries of your campaign or law enforcement in order to establish transparency and accountability. We may, for any reason, in our sole discretion, place a hold on your account if fraudulent activity is detected. By creating a campaign or project, you agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these terms.
17. Prohibited Content
The service shall not be used for any illegal or prohibited activity. You are solely responsible for the content you transmit, display, or send to the website, and you agree that your interaction with the service shall not violate any written law in force. Backmywork.com reserves the right to unilaterally determine if any content violates these Terms and Conditions and to remove such content with or without notice, suspend or terminate your account, stop payments, freeze or place a hold on donations, and report you to the appropriate law enforcement authorities.
18. Limitation of Liability
You understand and agree that Backmywork.com will not be liable for all consequential, indirect, damages, losses, costs, charges, and expenses of whatsoever nature, which include loss of goodwill, profit, intangible loss, loss of use of the service, and howsoever arising, which you may suffer or incur by reason of the use of this service.
19. Dispute resolution
You agree that all disputes between you and Backmywork.com or any of our officers or employees acting in their capacity as such with regard to your relationship with us, including without limitation disputes related to these terms of service and your use of the services, will be resolved by arbitration. The Arbitration Tribunal shall consist of three (3) arbitrators who shall preside over the arbitral proceedings.
The arbitration will take place in Lagos. The language to be used in the arbitration proceedings shall be English. The cost of the arbitration shall be borne equally between the parties to such proceedings, provided, however, that each party to the arbitration proceedings shall be responsible for its own attorney’s fees as well as the cost and expenses of any witness presented by such party, regardless of which party prevails. The parties undertake to keep strictly confidential the contents of the arbitral proceedings.
20. Governing law
These general terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
21. Severability
In the event of any one or more of the provisions of this agreement being held for any reason to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction or by operation of law, such invalidity, illegality, or unenforceability shall be omitted and shall not affect any other provisions of this agreement, and it shall be construed as if such invalid, illegal, or unenforceable provision was not a part of this agreement.
22. Variation
We may revise these terms and conditions, policies, and guidelines from time to time without any notice, approval, or liability. The revised terms and conditions shall apply from the date of publication on the website.
23. Assignment
You hereby agree that we may assign, transfer, subcontract, or otherwise deal with our rights and/or obligations under these general terms and conditions. You shall not, without our prior written consent, assign, transfer, subcontract, or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
24. Warranty Disclaimer
Our services are provided without any warranty of any kind, either expressed or implied, and are used solely at your risk. Backmywork.com specifically disclaims without limitation any and all warranties, guarantees, and conditions of merchantability or fitness for a particular purpose arising from the course of performance, the course of dealing, or the usage of trades. No information or content obtained by you from Backmywork.com shall create any warranty.
