Terms & Conditions
This Agreement supersedes any previous agreement to which you and Hiinga may have been bound (provided that if you are a Borrower, Trustee, Field Partner or Lender who has a separate written agreement with Hiinga, the terms of that separate agreement will control with respect to any provision that conflicts with this Agreement). This Agreement may be modified by Hiinga in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Hiinga on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Hiinga account, if any, as outlined in Section 8 below, and please immediately stop participating in the Program and accessing and using the Website.
This Agreement is divided into the following sections:
1. Participation in the Program
2. Additional Website Features
3. Acceptable Use
4. Proprietary Rights
5. Disclaimers; Limitation of Liability
6. Governing Law; Resolution of Disputes; Arbitration and Waivers
8. Term; Termination
9. Entire Agreement; Severability; Assignment
1. Participation in the Program
Hiinga manages the Website, which matches you and other persons (each, a “Sponsor” and, collectively, “Sponsors”) with borrowers and small businesses in various countries in need of affordable capital (each, a “Borrower” and, collectively, “Borrowers”). In most instances, these Borrowers are considered “high risk” by traditional lenders for a variety of factors, including, but not limited to, the Borrowers’ lack of credit history, the use of the loan proceeds for entrepreneurial endeavors including investment in a “start up” business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations.
You may participate in the Program as a Sponsor by creating an online account on the Website registered to your email address. All transactions between Sponsor and Entrepreneurs or any Field Partners must be conducted through a Hiinga account.
If you sponsor a Loan through the Website, you are instructing Hiinga to apply your donations to fund the specific Loan you have designated on the Website, and for Hiinga to use its discretion to use remaining funds, if any, to fund other Entrepreneurs. Hiinga may or may not be able to supply you with information on other Entrepreneurs that are not specifically sponsored by you through the website.
By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) Hiinga makes no representation, warranty, covenant or guarantee that any funds you sponsor to an entrepreneur via the Website will be repaid in whole or in part, (b) sponsorship and other similar transactions made via the Website (each, a “Loan”) are unsecured and bear a high risk of non-repayment to Hiinga and (c) given your financial situation and objectives, you will sponsor only those amounts on the Website that you can afford to donate. Sponsorships or donations made via the Website are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security. Sponsorships or donations once made via the Website are not cancellable or refundable.
Hiinga will hold sponsored funds separate from Hiinga’s general funds, in a deposit account established to hold funds for the benefit of entrepreneurs. Hiinga will not use such amounts for Hiinga’s general operating expenses; however, Hiinga reserves the right to retain (a) interest on funds while such funds are held in a User Funds Account and (b) any foreign exchange gains collected in connection with Loan repayments, and to use such interest and gains in support of Kiva’s general operating expenses. Furthermore (c), Hiinga field partners will use interest generated on the small loans for general expenses, and/or for making new loans to other entrepreneurs.
1.1 Types of Sponsorships on the Website.
Monthly Sponsorships. These are monthly sponsorships for a fixed amount and an individual entrepreneur. The money is administered through local partners and village savings and credit cooperatives to reach low-income communities and underbanked people. Hiinga may use some of other resources available to fully fund the loan, even as monthly donations accrue. The local partner receives the repayment and revolves the funds into making other loans.
Sponsor a Group. These sponsorships are “crowd funded” from a pool of donors to support a small and medium sized enterprise (SME) or an entire cooperative. These sponsorships have no individual updates such as in the monthly sponsorships. These loans are also administered by Hiinga’s local, in-country partners.
1.2 Sponsorship Campaigns.
Pledge Your Birthday. People may chose to raise money for Hiinga on their birthday. Rather than receive gifts, they can ask family or friends to donate to sponsor an individual(s) or group. Funds from these campaigns will be used to make loans to new entrepreneurs or to top up on existing funds from other channels for purposes of making small loans. Funds will be administered by local, in-country partners through Hiinga.
Start a Campaign. People may chose to start a campaign to raise funds for sponsoring loans on the Hiinga website. Campaigns can be for special days, in honor of loved ones, but cannot be used for hate. Hiinga reserves the right to remove any campaigns that are deemed to incite hatred of any group of people, or any material that is in violation of our values.
1.4 Principal Loss Scenarios. Hiinga will generally deem a Loan to be in default if Hiinga determines that collection of funds for such Loan is doubtful or the cumulative amount repaid as of a quarterly reconciliation is less than the amount expected as of six (6) months prior, although case by case differences may exist based on pending prospects for repayment of the Loan and depending on country context and related system and regulatory constraints. You understand and hereby consent that Hiinga cannot guarantee that it will be repaid all or part of the funds that you sponsor.
1.5 Tax Deductibility. You understand that Hiinga is a non-profit public organization. Hiinga has received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. Funds you sponsor or donate to Hiinga’s operations are eligible for tax deductibility in the United States. Indeed all funds made to Hiinga through this website qualify for tax deductibility.
1.7 Sponsorship Records. Records of each sponsorship you make (including this Agreement) are kept by Hiinga and, if you have a registered account with Hiinga and upon your written request, will be made available to you at any time throughout the term of the Sponsorship. For to the extent possible, Hiinga will do its best to share updates on your sponsored entrepreneur at least once a year during the duration of active sponsorship, that is, when you are doing monthly donations.
1.8 User Account Inactivity. Hiinga welcomes its Users’ active participation in the Hiinga Program. However, there may be occasions when a User becomes “inactive” for an extended period of time – i.e., a User does not log in to his or her Hiinga account (or otherwise indicate to Hiinga a desire to keep the account active – for example, through a phone or email communication with Hiinga or by taking advantage of embedded response features, such as a click-response button in an email or other electronic communication from Hiinga) or there are no donations or logins made to such User’s account. Therefore, in the event your account were to become inactive for a period of 12 or more consecutive months, in such cases of User inactivity, Hiinga may elect to automatically terminate the inactive User account.
2.7 Hiinga API. The Hiinga API is a service that Hiinga provides to allow third parties to develop and offer applications, services and features using information from the Website and Program (“Third Party Applications”). Third Party Applications are not created or maintained by Hiinga but by third parties. These third parties’ terms of service and privacy policies govern your use of Third Party Applications. Any authorization you give to any third party or Third Party Application to access your account information and/or take actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Hiinga gives no guarantees or warranties with respect to any Third Party Application and is not responsible for your use of or inability to use any Third Party Application, including without limitation the content, accuracy, reliability or security of Third Party Applications or the privacy practices or other policies of third parties. You may revoke permissions that you have granted to a Third Party Application by logging into your account on the Website or by contacting Hiinga.
3. Acceptable Use
You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of Hiinga or any User, Field Partner, or other person. You may not use the Website in any manner that, in Hiinga’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group. Although Hiinga assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in sponsorship messages or creating or joining campaign teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Entrepreneur profile, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation or campaign activity for or against political candidates, (vi) publicly share information about an Entrepreneur’s delinquency or default, (vii) access and use the Website by scripts, bots or other automated technology, (viii) contact, advertise to, solicit, “spam,” or sell to any User, Field Partner, Trustee, Borrower or other person without their prior explicit consent, or (ix) post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Hiinga’s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person’s privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices.
Hiinga reserves the right at all times (but will not have an obligation) to restrict, suspend or terminate the participation of any User or any campaign team from the Website and the Program at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation or harassment, Hiinga reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in Hiinga’s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Hiinga deems appropriate, in Hiinga’s sole and absolute discretion.
3.2 Safety and Security. To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your participation in the Program, including without limitation in your interaction with other Users, whether offline or online. Hiinga strongly recommends that you do not post any personal contact information (for example, personal email addresses, personal phone numbers or home addresses) and use your discretion if any person (a) requests to communicate outside of the Website (for example, by email, phone or in-person), (b) requests money, goods or any similar type of assistance other than through an official Sponsorship request on the Website, (c) asks for assistance with personal transactions (for example, depositing funds and shipping merchandise), or (d) requests your personal contact information or financial information. You agree never to share (i) your credit card number or bank information, (ii) Social Security Number or government-issued identification numbers (for example, driver’s license number) or (iii) mother’s maiden name or other private information that can be used to access your financial information. As with any interaction, keep in mind that it is always possible for people to misrepresent themselves.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Hiinga, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity. You will promptly report to Hiinga any violation of this Agreement by others of which you become aware.
4. Proprietary Rights
4.1 Rights in Content on the Website. “Hiinga,” the “HIINGA” logo and other Hiinga graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Hiinga (collectively, “Hiinga Marks”). Hiingaa Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hiinga. Hiingaa or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Hiinga thereon (collectively, “Content”). The Website and Program contain the copyrighted material, trademarks and other proprietary information of Hiinga and its licensors. You may display and make limited copies of the Content (other than the Hiinga Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Hiinga. In addition, to the extent you receive information from Hiinga, its Field Partners, Trustees, or Borrowers with respect to any Borrower, and that information is later removed from the Website (including, without limitation, due to the Loan delinquency or default of a particular Entrepreneur or the sensitive nature of particular Entrepreneur profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such an Entrepreneur, if such an Entrepreneur (either directly or through the corresponding Field Partner, Trustee, or Hiinga) has opted to have his or her identity withheld on the Website.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to Hiinga in connection with or arising from your participation in the Program, including without limitation any feedback provided to Hiinga (collectively, “User Generated Content”), you agree to grant, and hereby grant to Hiinga an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Hiinga from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
4.2 Notices of Infringement. To file a notice of infringing material on the Website, please provide a notification containing the following details:
• Reasonably sufficient details to enable Hiinga to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
• Reasonably sufficient details to enable Hiinga to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
• Your contact information so that Hiinga can contact you (for example, your address, telephone number, email address);
• A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• Your physical or electronic signature.
Then send this notice to:
1 Sunset Place
Lancaster, PA 17601
If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
• Your name, address and telephone number;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Hiinga is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
• Your physical or electronic signature.
Then send this notice to Hiinga’s DMCA Agent based on the contact information provided above in this Section.
4.3 Third Party Content and Sites. The Website contains (or you may be sent through the Website) links to other web sites (“Third Party Sites”), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Hiinga, and Hiinga is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Hiinga. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that Hiinga’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
5. Disclaimers; Limitation of Liability
Hiinga is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Field Partner, Trustee, Entrepreneur or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that neither Field Partners, Trustees, nor Entrepreneurs are liable for content created and posted on the Website, and neither Field Partners nor Trustees guarantee repayment by any Borrower. Hiinga is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, Hiinga assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Hiinga is not responsible for your interactions with any Field Partners, Trustees, any other User or any Borrower (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions. Hiinga reserves the right, but has no obligation, to monitor disputes between you and such persons.
Under no circumstances will Hiinga be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. Hiinga does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO HIINGA) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.
Hiinga will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Hiinga or “force majeure” or any other cause beyond the control of Hiinga.
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. Hiinga cannot and does not verify the accuracy of information from Field Partners, Trustees, other Users, or Entrepreneurs. Hiinga shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of sponsoring an Entrepreneur or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. You acknowledge and agree that Hiinga is not acting as your fiduciary, and Hiinga assumes no advisory or fiduciary responsibility with respect to you in connection with the Website or your participation in the Program (including without limitation, regarding your sponsorship of Entrepreneurs). In addition, in no event will Hiinga be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if Hiinga has been advised of the possibility of such damages, costs, losses or expenses.
6. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of Pennsylvania, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Hiinga, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Pennsylvania if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Hiinga is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Hiinga. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Pennsylvania statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Hiinga may seek any injunctive relief in a state or federal court in Philadelphia, Pennsylvania, as may be necessary to preserve rights pending the completion of arbitration and Hiinga may seek any injunctive relief in a state or federal court in Philadelphia, Pennsylvania, or another court of competent jurisdiction, at any time against any violations of Section 3 (Acceptable Use) or Section 4 (Proprietary Rights) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND HIINGA HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold Hiinga harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
8. Term; Termination
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, Hiinga may make features available to Users as part of the Program. Hiinga reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website, or take advantage of any Hiinga services, may be determined by Hiinga in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to Hiinga. Hiinga may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Hiinga. If your participation in the Program and registered account is terminated by Hiinga, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, Hiinga has the right to delete your profile and remove your User Generated Content.
9. Entire Agreement; Severability; Assignment
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Hiinga has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement, or to request a written copy of this Agreement.