Terms and Conditions
These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your", or "Subscriber") and Bloom Graphics and Software Development, a duly registered entity under the laws of the Republic of Ghana, trading and operating as BloomFund ("BloomFund", "we", "our", "us", or the "Company"), with its principal place of business in Accra, Ghana.
By accessing, browsing, registering for, or using the BloomFund platform and associated services ("Platform", "Services"), whether through our website, mobile application, or any other digital interface, you expressly acknowledge and confirm that you have read, fully understood, and unconditionally agree to be bound by these Terms and all related policies, guidelines, and procedures, including but not limited to our Privacy Policy, Data Protection Policy, Acceptable Use Policy, Anti-Money Laundering Policy, and Withdrawal & Fees Policy, all of which are incorporated herein by reference and form an integral part of this Agreement.
Your use of the Platform constitutes your agreement to comply with and be legally bound by these Terms, whether or not you register as a user. These Terms apply to all visitors, users, organisers, donors, and others who access or use the Platform.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THE PLATFORM AND MUST IMMEDIATELY CEASE ALL USE OF OUR SERVICES.
0Definitions
In these Terms, the following words shall have the meanings assigned to them:
- "Account"refers to a registered user profile on the BloomFund Platform.
- "Organiser"means an individual or entity that creates and manages a fundraising campaign.
- "Campaign"means a fundraising initiative created by an Organiser to receive Contributions.
- "Donor"means an individual or entity contributing funds voluntarily to a Campaign.
- "Contribution"means a voluntary transfer of funds made by a Donor.
- "Beneficiary"means the person or organisation for whose benefit a Campaign is conducted.
- "Payment Partner"means any regulated third-party financial institution or payment gateway (e.g., card processors, mobile money providers, acquiring banks) facilitating transactions for the Platform.
- "Verification"means Know-Your-Customer (KYC) and Anti-Money-Laundering (AML) compliance processes.
- "Platform"means the BloomFund website, mobile application, and any related online services operated by Bloom Graphics and Software Development (trading as BloomFund).
1Overview of Services
1.1 Nature of Services
BloomFund provides an online fundraising and crowdfunding management service that enables individuals, groups, non-profit organizations, and registered entities ("Organisers", "Campaign Creators") to create, publish, and manage fundraising campaigns ("Campaigns", "Fundraisers") for verified lawful purposes, and allows supporters, contributors, and benefactors ("Donors", "Contributors", "Supporters") to make voluntary monetary contributions ("Contributions", "Donations", "Pledges") towards such Campaigns through secure payment channels.
1.2 Role and Limitations
BloomFund operates exclusively as a technology service provider and facilitator of crowdfunding activities. The Company provides the technological infrastructure, payment gateway integration, user authentication systems, Campaign creation tools, and fund disbursement mechanisms, but expressly disclaims any role as a bank, financial institution, payment service provider, money services business, investment adviser, broker, charitable organization, or trustee. BloomFund does not provide financial advice, tax advice, legal counsel, or investment recommendations. All funds are processed and held by licensed third-party Payment Partners in accordance with applicable financial regulations.
1.3 Third-Party Payment Processing
BloomFund has engaged, and may from time to time engage, regulated third-party financial service providers, payment processors, acquiring banks, card networks, and mobile money operators (collectively, "Payment Partners", "Payment Processors") to securely process, hold, and disburse Contributions and withdrawals in compliance with all applicable banking, payment card industry, anti-money laundering, and counter-terrorism financing regulations of the Republic of Ghana and international standards.
1.4 No Guarantees
BloomFund does not guarantee the success of any Campaign, the legitimacy of any Organiser beyond standard verification procedures, the accuracy or truthfulness of Campaign information, or that Contributions will be used as stated by the Organiser. Users acknowledge that participation in fundraising activities carries inherent risks and agree to conduct their own due diligence before creating or contributing to any Campaign.
2Eligibility and User Capacity
2.1 Age and Legal Capacity
You represent and warrant that you are at least eighteen (18) years of age or have attained the age of majority in your jurisdiction of residence, whichever is greater, and possess full legal capacity and authority to enter into binding agreements under applicable law. If you are using the Platform on behalf of a minor or as a guardian, you assume full responsibility and liability for such use and the minor's compliance with these Terms.
2.2 Organizational Users
Organizations, corporations, partnerships, associations, non-profit entities, religious institutions, educational bodies, and governmental units using BloomFund must be duly registered, incorporated, or otherwise legally established under the applicable laws of the Republic of Ghana or their respective jurisdictions of formation. You represent that you have the necessary authority to bind such organization to these Terms and that the organization is in good standing with all relevant regulatory authorities.
2.3 Verification Rights
BloomFund reserves the absolute and unfettered right, at any time and without prior notice, to verify your identity, organizational status, legal capacity, and eligibility through document verification, biometric authentication, third-party data sources, or other lawful means. We may request supporting documentation including but not limited to government-issued identification, business registration certificates, tax identification numbers, proof of address, or beneficial ownership information. BloomFund may refuse, suspend, restrict, or permanently revoke access to the Platform at its sole discretion if any information provided is false, incomplete, misleading, unverifiable, or if we reasonably believe that your use of the Platform violates these Terms, applicable law, or poses legal, reputational, or financial risk to the Company.
2.4 Prohibited Jurisdictions
You represent that you are not located in, under the control of, or a national or resident of any country subject to international sanctions, embargoes, or other trade restrictions. You further represent that you are not listed on any government list of prohibited, sanctioned, or restricted parties, including but not limited to terrorist watchlists or money laundering blacklists maintained by Ghana, the United Nations, the United States, the European Union, or other recognized international bodies.
3Account Registration, Access, and Security
3.1 Account Creation
To access the full range of Platform features and functionalities, including Campaign creation, donation tracking, fund withdrawal, and personalized services, you must create a User Account ("Account") and provide complete, accurate, current, and truthful personal information or organizational information as required during the registration process. You agree to maintain and promptly update your Account information to ensure its continued accuracy throughout your use of the Platform. Failure to provide accurate information or to update information that becomes inaccurate may result in suspension or termination of your Account.
3.2 Account Security and Confidentiality
You are solely and exclusively responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, email address, two-factor authentication codes, security questions, and any other access credentials associated with your Account. You agree to immediately notify BloomFund of any unauthorized access to your Account, any security breach, or any other security concerns. You accept and acknowledge full responsibility and liability for all actions, activities, transactions, and communications conducted through or under your Account, whether authorized by you or not, until such time as you have properly notified BloomFund of a security compromise and have taken reasonable steps to secure your Account.
3.3 Prohibited Account Activities
You expressly agree not to: (a) impersonate any person, entity, or official; (b) falsely state or misrepresent your affiliation with any person or organization; (c) create multiple Accounts for the same individual or purpose without express written authorization from BloomFund; (d) use another user's Account without permission; (e) sell, trade, transfer, or assign your Account to any third party; (f) use automated systems, bots, scrapers, or other unauthorized means to access the Platform or create Accounts; or (g) attempt to bypass, circumvent, or disable any security features, authentication mechanisms, or access controls implemented by BloomFund.
3.4 Account Suspension and Termination Rights
BloomFund reserves the unilateral right, exercisable at any time and at its sole and absolute discretion, with or without prior notice, to suspend, restrict access to, disable, or permanently terminate any Account that is found to be in violation of these Terms, applicable laws, industry standards, or community guidelines, or that poses or may pose a threat to the security, integrity, reputation, or lawful operation of the Platform. Such termination may result in forfeiture of access to Campaign data, transaction history, and any accrued benefits or privileges associated with the Account.
3.5 Account Dormancy
Accounts that remain inactive or dormant for a continuous period exceeding twenty-four (24) months may be subject to deactivation, with reasonable notice provided to the registered email address. Prior to deactivation, BloomFund will make reasonable efforts to contact you regarding any outstanding balances, pending transactions, or important account matters.
4Campaigns and Fundraising
4.1 Campaign Creation
Organisers must clearly state the purpose, target amount, and intended use of funds. All information provided must be truthful, complete, and lawful.
4.2 Approval and Visibility
Campaigns may be subject to review and approval prior to publication. BloomFund reserves the right to decline or remove any Campaign that violates these Terms, applicable laws, or public interest.
4.3 Use of Funds
Funds raised must be used strictly for the purpose stated in the Campaign. Misuse of funds constitutes a material breach and may result in account termination, legal action, or referral to law enforcement.
4.4 Transparency
Organisers are expected to provide periodic updates on Campaign progress and maintain transparency with Donors regarding how funds are utilized.
4.5 Prohibited Campaigns
BloomFund strictly prohibits campaigns that fall into the following categories. These campaigns will be rejected, removed, and may result in account termination:
- • Investment schemes — Any campaign promising returns on investment (ROI), profit-sharing, or financial returns to donors.
- • Ponzi or pyramid schemes — Multi-level marketing, network marketing, or any scheme requiring recruitment for financial benefit.
- • Cryptocurrency or forex trading — Campaigns raising funds for trading, speculation, or crypto-related investments.
- • Gambling or betting — Any campaign related to gambling activities, sports betting, or games of chance.
- • Loan repayment campaigns — Raising funds specifically to repay personal or business loans.
- • Political campaigns — Fundraising for political parties, candidates, elections, or political lobbying activities.
- • Illegal activities — Any campaign promoting or funding activities that violate Ghanaian law or international law.
- • Fraudulent or deceptive campaigns — Misrepresenting the purpose, beneficiary, or use of funds.
- • Hate speech or discrimination — Campaigns promoting violence, hatred, or discrimination based on race, ethnicity, religion, gender, or other protected characteristics.
BloomFund reserves the right to determine, at its sole discretion, whether a campaign violates these terms and to take appropriate action including fund freezing, campaign removal, and account termination.
5Contributions and Donor Terms
5.1
All Contributions made through the Platform are voluntary and non-refundable, except as required by law or under Section 10 (Refunds and Disputes).
5.2
Donors acknowledge that Contributions do not create any ownership, partnership, or creditor relationship with the Organiser or BloomFund.
5.3
Donors may contribute anonymously; however, all donations are subject to applicable laws on anti-money laundering and terrorism financing.
5.4
BloomFund and its partners may deduct applicable transaction and service fees before transferring funds to the Organiser.
5.5
BloomFund is not responsible for verifying the legitimacy of every Campaign or for the actions of Organisers beyond standard verification procedures.
6Payment Processing and Fees
6.1
All payments and withdrawals are facilitated through regulated third-party payment processors in compliance with Ghanaian financial regulations.
6.2
Applicable fees may include:
- Platform service fees on each contribution;
- Payment gateway or transaction processing fees; and
- Express withdrawal or administrative fees where applicable.
6.3
All fees are disclosed transparently before or during each transaction and are subject to revision with prior notice to Users.
6.4
The net balance, after applicable deductions, will be available for withdrawal to verified bank or mobile money accounts.
6.5 Payment Partner Relationship
- • All payments and withdrawals on BloomFund are handled through licensed Payment Partners.
- • BloomFund does not hold users' funds directly, and no funds are legally deposited or held by Bloom Graphics and Software Development.
- • Each transaction is subject to the terms and policies of the respective Payment Partner.
- • BloomFund shall not be liable for any delays, reversals, or technical failures originating from external payment systems.
7Withdrawals and Disbursements
7.1
Organisers may request withdrawals only after their identity or organisational verification is complete and the Campaign has received confirmed funds.
7.2
Withdrawals shall be made to verified accounts belonging to the Organiser or the designated beneficiary.
7.3
BloomFund reserves the right to delay or withhold disbursement if fraudulent activity, fund misuse, or legal dispute is suspected.
7.4
Organisers are solely responsible for ensuring the accuracy of withdrawal account details.
7.5
BloomFund shall not be liable for delays or losses caused by third-party payment processors or incorrect information provided by the Organiser.
8Verification and Compliance
8.1
All Users are subject to Know-Your-Customer (KYC) and Anti-Money Laundering (AML) checks as required by law.
8.2
BloomFund reserves the right to request supporting documents, including national ID, business registration, or proof of address, and may suspend accounts pending verification.
8.3
We may report suspicious activity to relevant financial or law enforcement authorities as required under applicable law.
9Use of the Platform
9.1
You agree not to use the Platform for:
- Any illegal or unauthorized purpose;
- Dissemination of false or misleading information;
- Soliciting funds for investment, political, or speculative activities;
- Exploiting or impersonating any individual or entity;
- Uploading harmful, obscene, defamatory, or infringing content; or
- Interfering with Platform operations, data, or security.
9.2
BloomFund reserves the right to restrict or terminate access without notice if prohibited activity is detected.
9.3 Prohibited Activities
You agree not to use the Platform for any of the following prohibited activities:
- • Raising funds for political parties, election campaigns, or lobbying.
- • Offering rewards, shares, or securities in exchange for donations.
- • Conducting raffles, lotteries, or gambling promotions.
- • Funding pyramid or Ponzi schemes.
- • Laundering money, financing terrorism, or evading sanctions.
- • Distributing indecent, hateful, or violent material.
- • Misrepresenting the purpose or beneficiary of a Campaign.
- • Using automated scripts or bots to manipulate donation counts or traffic.
10Refunds, Disputes, and Chargebacks
10.1
Contributions are final and non-refundable except in verified cases of:
- Fraudulent transactions;
- Duplicate payments; or
- Campaign cancellation prior to fund disbursement.
10.2
All refund requests must be submitted in writing within ninety (90) days of the transaction.
10.3
BloomFund may coordinate with payment processors to investigate and, where justified, process refunds.
10.4
In case of chargebacks or disputes, BloomFund may deduct equivalent amounts from the Organiser's balance or withhold future payouts pending resolution.
10.5 Refund Processing
All approved refunds will be processed to the original payment method, less applicable transaction fees where required by Payment Partners. Refunds may take up to thirty (30) business days depending on the processing network.
11Privacy & Data Protection
11.1 Data Collection
BloomFund collects, processes, and stores personal data in accordance with the Ghana Data Protection Act, 2012 (Act 843) and applicable international data protection standards. By using the Platform, you consent to such collection and processing as detailed in our Privacy Policy.
11.2 Types of Data Collected
We may collect the following categories of personal data:
- • Identity information (name, date of birth, Ghana Card details)
- • Contact information (email address, phone number, physical address)
- • Financial information (bank account details, mobile money numbers, transaction history)
- • Technical data (IP address, device information, browser type, usage patterns)
- • Campaign data (fundraising details, beneficiary information, supporting documents)
11.3 Purpose of Processing
Your personal data is processed for the following purposes:
- • Providing and improving our Services
- • Identity verification and KYC/AML compliance
- • Processing payments and withdrawals
- • Fraud prevention and security
- • Communication about your account and campaigns
- • Legal and regulatory compliance
11.4 Data Sharing
We may share your data with Payment Partners, verification service providers, and regulatory authorities as required by law. We do not sell your personal data to third parties for marketing purposes.
11.5 Data Security
BloomFund implements appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. This includes encryption, secure servers, and access controls.
11.6 Data Retention
We retain your personal data for as long as necessary to fulfill the purposes outlined in this Agreement, comply with legal obligations, resolve disputes, and enforce our agreements. Financial records may be retained for up to seven (7) years as required by Ghanaian tax and financial regulations.
11.7 Your Rights
Subject to applicable law, you have the following rights regarding your personal data:
- • Right to access your personal data
- • Right to rectification of inaccurate data
- • Right to erasure (subject to legal retention requirements)
- • Right to restrict or object to processing
- • Right to data portability
- • Right to withdraw consent (where processing is based on consent)
11.8 Exercising Your Rights
To exercise any of your data protection rights, please contact us at privacy@bloomgh.com or through the contact details provided at the end of these Terms. We will respond to your request within thirty (30) days.
11AThird-Party Services
The Platform may contain links or integrations with third-party websites, APIs, or services.
Use of such services is governed by their respective terms. BloomFund does not endorse or assume responsibility for any third-party content, availability, or actions.
12Taxes and Legal Obligations
12.1
Organisers are solely responsible for any taxes, levies, or statutory obligations applicable to funds received through BloomFund.
12.2
BloomFund may issue receipts or transaction summaries for record purposes but is not a tax agent and bears no responsibility for reporting or remitting taxes on behalf of Users.
13Intellectual Property
13.1
All intellectual property rights in the Platform, including trademarks, software, content, and brand assets, belong to Bloom Graphics and Software Development.
13.2
Users retain ownership of content they upload (such as Campaign images and descriptions) but grant BloomFund a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display such content for Platform operations and promotional purposes.
13.3
Unauthorized reproduction, modification, or redistribution of any part of the Platform is strictly prohibited.
14Indemnification and Hold Harmless
14.1 General Indemnity
You hereby agree to indemnify, defend, and hold completely harmless BloomFund, Bloom Graphics and Software Development, its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, shareholders, employees, agents, representatives, contractors, service providers, Payment Partners, and all other third parties acting on behalf of or in connection with BloomFund (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, costs, expenses, liabilities, judgments, settlements, fines, penalties, and legal fees (including reasonable attorneys' fees and court costs) of any nature whatsoever, whether known or unknown, foreseen or unforeseen, that arise out of, relate to, or result from:
- Your access to, use of, or inability to use the Platform or Services;
- Your creation, management, or operation of any Campaign;
- Any Content you submit, post, transmit, or otherwise make available through the Platform;
- Your breach or alleged breach of these Terms, any representation, warranty, or obligation contained herein;
- Your violation of any applicable law, regulation, industry standard, or third-party right;
- Misuse, misappropriation, or misapplication of Contributions or Campaign funds;
- Any fraudulent, deceptive, misleading, or unlawful activity conducted through your Account;
- Infringement or violation of any intellectual property right, privacy right, or other proprietary right of any third party;
- Any dispute between you and any Donor, Beneficiary, or other user of the Platform;
- Your negligence, willful misconduct, or violation of any duty of care;
- Any claim by a third party relating to your use of the Platform or participation in any Campaign; or
- Any taxes, duties, levies, or governmental charges arising from your use of the Platform or receipt of funds.
14.2 Defense of Claims
In the event of any claim subject to indemnification under this Section, BloomFund shall have the right, at its sole discretion, to assume the exclusive defense and control of any such matter, and you agree to cooperate fully with BloomFund in asserting any available defenses. You shall not settle any claim subject to this indemnity without the prior written consent of BloomFund.
14.3 Survival
The obligations set forth in this Section shall survive the termination or expiration of these Terms and your use of the Platform.
14ADisclaimer of Warranties
14A.1 No Warranties
THE PLATFORM, ALL SERVICES, CONTENT, FEATURES, FUNCTIONS, AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE PLATFORM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOOMFUND, BLOOM GRAPHICS AND SOFTWARE DEVELOPMENT, AND ALL AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- Warranties arising from course of dealing, course of performance, or usage of trade;
- Warranties that the Platform will be uninterrupted, timely, secure, or error-free;
- Warranties regarding the accuracy, reliability, completeness, or currency of any information, content, or data;
- Warranties that defects or errors will be corrected;
- Warranties regarding the security of data transmission or storage;
- Warranties that the Platform will be free from viruses, malware, or other harmful components; or
- Any warranties regarding the success, legitimacy, or outcome of any Campaign.
14A.2 No Guarantee of Results
BloomFund makes no guarantee, representation, or warranty regarding: (a) the amount of funds that any Campaign will raise; (b) the number of Donors or Contributors that will support any Campaign; (c) the accuracy, truthfulness, or completeness of any Campaign information, description, or materials provided by Organisers; (d) the legitimacy, authorization, or good faith of any Organiser or Campaign; (e) the proper use or application of Contributions by Organisers or Beneficiaries; (f) the tax treatment or deductibility of any Contribution; (g) the availability, reliability, or performance of Payment Partners or third-party service providers; or (h) the continuous availability of any feature or functionality of the Platform.
14A.3 User Responsibility
You expressly acknowledge and agree that your use of the Platform and participation in any fundraising activity is entirely at your own risk and discretion. You are solely responsible for: (a) conducting your own due diligence and investigation before creating or contributing to any Campaign; (b) verifying the legitimacy, credentials, and intentions of Organisers and Beneficiaries; (c) evaluating the suitability of the Platform for your particular needs and purposes; (d) implementing appropriate security measures to protect your Account and data; (e) maintaining backups of any important information; and (f) complying with all applicable laws and regulations in connection with your use of the Platform.
14A.4 Third-Party Content
BloomFund does not endorse, guarantee, or assume responsibility for any Campaign content, user-generated content, advertisements, or third-party materials made available through or linked from the Platform. Any reliance on such content is at your own risk.
14A.5 Jurisdictional Variations
Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer. To the extent that such laws apply and cannot be lawfully excluded, some of the above exclusions and limitations may not apply to you, and you may have additional rights. In such cases, the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law.
15Limitation of Liability and Damages
15.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLOOMFUND, BLOOM GRAPHICS AND SOFTWARE DEVELOPMENT, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, OR PAYMENT PARTNERS (COLLECTIVELY, THE "BLOOMFUND PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BLOOMFUND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE BLOOMFUND PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO BLOOMFUND IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED GHANA CEDIS (GHS 100.00). THIS LIMITATION SHALL APPLY EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15.3 Specific Exclusions
Without limiting the generality of the foregoing, the BloomFund Parties shall not be liable for any losses, damages, costs, or expenses arising from or related to:
- Financial losses arising from Campaign fraud, misrepresentation, failure, or misuse of funds by Organisers or Beneficiaries;
- Unauthorized access to or alteration of your transmissions, data, or Account information;
- Delays, interruptions, suspensions, or disruptions in service due to force majeure events, technical failures, or third-party actions;
- Errors, omissions, inaccuracies, or defects in Campaign content, Platform content, or user-generated content;
- Actions or inactions of Payment Partners, banks, card networks, mobile money operators, or other third-party service providers;
- Refusal, reversal, chargeback, or cancellation of any transaction or withdrawal;
- Loss of funds due to incorrect Account information, payment details, or recipient information provided by you;
- Taxation consequences, penalties, or assessments arising from your use of the Platform or receipt of funds;
- Any dispute, claim, or litigation between you and any other user, Organiser, Donor, or third party;
- Suspension, restriction, or termination of your Account or any Campaign;
- Loss of access to the Platform or any feature thereof;
- Viruses, malware, or other malicious code that may affect your device or data despite our reasonable security measures;
- Changes to these Terms, Platform features, or fee structures; or
- Any other loss exceeding the amounts specified in Section 15.2 above.
15.4 Exceptions
Nothing in these Terms shall operate to exclude or limit BloomFund's liability for: (a) death or personal injury caused by BloomFund's gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; (c) intentional breach of contract; or (d) any other liability that cannot be excluded or limited under applicable law. Where such non-excludable liability exists, BloomFund's liability shall be limited to the minimum extent permitted by law.
15.5 Basis of the Bargain
You acknowledge and agree that the limitations of liability set forth in this Section are fundamental elements of the basis of the bargain between you and BloomFund, and that BloomFund would not be able to provide the Platform on an economically reasonable basis without such limitations. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
15.6 Third-Party Beneficiaries
All Payment Partners, service providers, and other third parties referenced in these Terms are intended third-party beneficiaries of the disclaimers, limitations, and exclusions set forth in Sections 14A and 15, and may enforce such provisions directly against you.
16Suspension and Termination
16.1
BloomFund may, at its discretion, suspend or terminate any Account or Campaign without prior notice if:
- These Terms are violated;
- Fraudulent or unlawful activity is suspected;
- Required verification or documentation is not provided; or
- Continued use poses reputational or legal risk to BloomFund.
16.2
Upon termination, access to the Account may be disabled, and remaining funds may be held, refunded, or forfeited in accordance with applicable laws.
16.3
Termination does not affect accrued obligations, including payment of fees or liabilities arising prior to termination.
17Force Majeure
BloomFund shall not be liable for delays, interruptions, or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, war, civil unrest, strikes, Internet outages, or failures of payment systems or partners.
18Governing Law and Dispute Resolution
18.1
These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana.
18.2
In the event of a dispute, parties shall first attempt to resolve matters amicably. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the courts of Ghana.
18.3
BloomFund may, at its discretion, opt for mediation or arbitration before litigation.
19Amendments and Notifications
19.1
BloomFund reserves the right to amend, update, or supplement these Terms at any time.
19.2
Changes to these Terms will be communicated via updates on the Platform with a revised "Last Updated" date.
19.3
Your continued use after such notice constitutes acceptance of the revised Terms. Significant changes may also be notified via email.
20Severability
If any provision of these Terms is found invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
21Entire Agreement
These Terms, together with the Privacy Policy and other related policies, constitute the entire agreement between you and BloomFund and supersede all prior understandings, representations, or agreements, whether oral or written.
22Contact Information
Bloom Graphics and Software Development
Accra, Ghana
Email: support@bloomgh.com
Phone: +233 (0) 53 880 2371
ACKNOWLEDGEMENT, ACCEPTANCE, AND BINDING AGREEMENT
By creating an Account, accessing the Platform, starting or managing a Campaign, making a Contribution, or otherwise using any feature or service provided by BloomFund, you expressly acknowledge, represent, warrant, and agree that:
- You have carefully read, thoroughly reviewed, and fully understand these Terms and Conditions in their entirety;
- You have had sufficient opportunity to seek independent legal, financial, and tax advice regarding these Terms and your use of the Platform;
- You voluntarily and unconditionally agree to be legally bound by these Terms and all policies incorporated herein by reference;
- You possess the legal capacity, authority, and right to enter into this binding agreement;
- If acting on behalf of an organization, you have proper authorization to bind that organization to these Terms;
- You accept all risks associated with using the Platform and participating in fundraising activities;
- You understand that BloomFund is a technology platform provider and not a financial institution, bank, or charitable organization;
- You acknowledge the disclaimers of warranties and limitations of liability set forth in these Terms;
- You agree to the exclusive governing law and dispute resolution provisions contained herein; and
- Your continued use of the Platform after any amendments or updates to these Terms constitutes your ongoing acceptance of and agreement to the revised Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE PLATFORM AND SERVICES.
These Terms constitute a legally binding contract between you and Bloom Graphics and Software Development (trading as BloomFund). Your electronic acceptance of these Terms through use of the Platform has the same legal effect as if you had physically signed a written agreement.