This Agreement governs your participation in the online crowdfunding program operated by the Old Anandians’ Professional Forum, hereinafter referred to as “OAPF”. By accessing or using the OAPF website and the associated crowdfunding platform, hereinafter referred to as the “Platform”, you agree to be bound by these Terms and Conditions.
1. Campaign Purpose
1.1. The funds generated through this crowdfunding program will be used for establishing, constructing, and operating of “Centre of Excellence” to carry out STEAM Education at Ananda College, Colombo, Sri Lanka as outlined by OAPF.
1.2. In addition, it is understood that in the event of a serious disaster, emergency, or exigency that requires the immediate allocation of resources, OAPF reserves the right to utilize the funds raised for such purposes, subject to public disclosure and transparency.
1.3. However, the primary objective remains the establishment and operation of a “Centre of Excellence” to carry out STEAM Education at Ananda College, Colombo 10, Sri Lanka.
2. Campaign Creation
2.1. Old Anandian’s Professional Forum (OAPF) will be the Campaign Creator for this crowdfunding initiative.
2.2. OAPF will provide accurate and transparent information regarding the purpose of fundraising, fundraising goals, and how funds will be utilized for the establishment and operation of “Centre of Excellence” to carry out STEAM Education.
3. Contributions
3.1. Donors must be at least 18 years old or have the legal capacity to enter into contracts in their jurisdiction.
3.2. Contributions made to this Campaign are voluntary and non-refundable, except as provided by applicable law or as outlined in specific terms communicated by OAPF.
3.3. By contributing to this Campaign, Donors acknowledge that OAPF retains full discretion over the allocation and utilization of funds for the establishment and operation of the 'Centre of Excellence' to carry out STEAM Education. Donors further acknowledge that while OAPF will endeavor to honor donor preferences, they retain the discretion to allocate funds based on the overall needs of the project and may not guarantee allocation to specific centers, unless explicitly selected by the donor.
4. Fees and Payments
4.1. OAPF acknowledges that a nominal transaction processing fee may be imposed by the payment gateway service provider. Donors acknowledge and agree that the deducted processing fee is solely for the facilitation of the transaction and is not retained by OAPF.
4.2. In accordance with the foreign exchange statutes and policies of Sri Lanka, all dollar donations shall be subject to conversion into Sri Lankan Rupees (LKR) at the prevailing exchange rate determined by authorized financial institutions in Sri Lanka at the time of conversion. Donors hereby acknowledge and agree to this currency conversion process, understanding that any fluctuations in exchange rates may affect the final LKR amount received by the organization.
4.3. OAPF reserves the right to modify its fee structure at any time with prior notice to Donors.
5. Dispute Resolution
5.1. Any disputes related to OAPF crowdfunding program shall be resolved in accordance with the policies and procedures established by OAPF.
5.2. OAPF is committed to addressing and resolving any disputes or concerns raised by Donors in a fair and transparent manner.
5.3. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
5.4. OAPF is committed to providing a high level of service to all our users. All concerns are to be forwarded to Resolution Center.
6. Intellectual Property
6.1. OAPF retains ownership of all intellectual property rights associated with the Center of Excellence or other programs of OAPF and related materials developed as a result of this crowdfunding program.
6.2. Donors acknowledge that any content, materials, or intellectual property shared as part of this Campaign may be used by OAPF for any promotional, learning, or fundraising purposes.
7. Limitation of Liability
7.1. To the fullest extent permitted by law, OAPF shall not be liable whatsoever for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of the Platform or participation in this crowdfunding program.
7.2. OAPF's total liability for any claims arising under this Agreement shall not exceed LKR (200) for total funds raised through the crowdfunding program.
7.3. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to Clause, We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.4. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including User Content) from it) or any other site referred to on our site.
8. Governing Law
8.1. This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka.
8.2. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Sri Lanka.
9. Indemnity
9.1. You agree to indemnify, defend, and hold harmless OAPF and its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising out of or related to:
a. Your use of the Platform or participation in the crowdfunding program;
b. Any content or materials you submit, post, or transmit through the Platform;
c. Your violation of any provision of this Agreement;
d. Your violation of any rights of any third party;
e. Any dispute or claim between you and another Contributor or third party.
9.2. This indemnity provision shall survive the termination of this Agreement and your use of the Platform.
10. GDPR(General Data Protection Right) Compliance
OAPF is committed to compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. We respect your privacy and are dedicated to protecting the personal information you provide to us. For detailed information on how we collect, process, and protect your personal data, please refer to our GDPR Compliance section, located on our website. This section outlines our data handling practices, your rights under the GDPR, and how to contact us regarding privacy matters. By using our Platform and participating in the crowdfunding program, you acknowledge and consent to our data processing practices as described in our GDPR Compliance.
11. Privacy Policy
OAPF is committed to protecting the privacy of its users. Our Privacy Policy outlines how we collect, use, disclose, and protect your personal information. By using our Platform and participating in the crowdfunding program, you acknowledge and agree to the terms of our Privacy Policy. For detailed information on our privacy practices, please refer to our Privacy Policy.
12. Updates and Alterations
12.1. By making a donation through our platform, you consent to receive periodic updates from OAPF, which may include but are not limited to information about the STEAM Education and Centre of Excellence, news, updates, marketing materials, and revisions to the terms and conditions.
12.2. These updates may be communicated via email, newsletters, or other electronic means provided by OAPF.
12.3. You acknowledge that it is your responsibility to review any updates or changes in terms and conditions provided by OAPF and that continued use of our platform following such updates constitutes your acceptance of the revised terms.
12.4. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time
13. Public Donation List and Anonymity
13.1. OAPF maintains a public donation list on our website, which displays the first and last names of donors, donation amounts, as well as the date and time of donation. This list serves to acknowledge the generosity of our supporters and promote transparency in our fundraising efforts.
13.2. However, we respect the privacy preferences of our donors. If you wish to remain anonymous and not have your donation displayed on the public donation list, you may opt-out during the donation process by selecting the appropriate checkbox on the donation form.
13.3. By opting out, your donation will not be publicly disclosed, and your identity will remain confidential. We understand and respect your decision to maintain anonymity, and we will ensure that your privacy preferences are honored.
13.4. We encourage all donors to carefully consider their privacy preferences when making a contribution and to communicate any specific requests regarding anonymity through the donation form. Your privacy and confidentiality are important to us, and we are committed to respecting your wishes regarding the public disclosure of your donation.
14. Non-Disclosure and Anonymity Exceptions
The non-disclosure and anonymity provisions outlined in this agreement shall not apply if:
a) Information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;
b) Generic information or knowledge which the Receiving Party would have learned in the course of similar employment, interaction, or work elsewhere in the trade;
c) Information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a non-disclosure obligation;
d) Information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or
e) Information the Receiving Party develops independent of any information originating from the Disclosing Party.
In these circumstances, the non-disclosure and anonymity provisions shall be waived, and the Receiving Party may disclose the information as permitted by law and industry practice.
15. Donation Methods
Donations to the crowdfunding program will be collected through online donations using credit/debit cards and other donation processing gateways. The official donation gateway utilized by OAPF is Sampath Bank's payment gateway. We accept major credit card brands including Visa, Mastercard, American Express, and Diners Club for online donations, ensuring a secure and convenient donation process for our Donors, allowing for seamless transactions while supporting the goals of the crowdfunding initiative.
Additionally, donors may choose to make contributions via wire transfer for larger amounts, providing convenience for both the donor and OAPF. Wire transfer donations will be manually recorded on the website after processing, offering an alternative method for Donors to support our initiative, particularly for larger contributions. OAPF appreciates the flexibility and convenience that wire transfer donations provide, allowing for continued support toward our fundraising goals.
16. Refund Policy
Contributions made to this Campaign are voluntary and non-refundable, except as provided by applicable law or as outlined in specific terms communicated by OAPF. Please review our refund policy carefully.
17. Disclaimer of Advice
17.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any information provided on coe.ananda.college
17.2. We make reasonable efforts to ensure that the content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
18. Public Reporting
18.1. OAPF is committed to transparency and accountability in our operations and use of funds. To fulfill this commitment, we maintain a separate page on our website dedicated to public reporting.
18.2. The public reporting page provides detailed information on the utilization of funds raised through our crowdfunding program, including but not limited to expenditures, progress updates, and outcomes achieved.
18.3. We believe in keeping our stakeholders informed about the impact of their contributions and the progress made towards our goals. Therefore, the public reporting page is regularly updated with accurate and up-to-date information to ensure transparency and trust.
18.4. By providing comprehensive public reporting, we aim to foster trust and confidence among our stakeholders and demonstrate our commitment to accountability and transparency in all our activities.
19. Financial Audit
19.1. OAPF Financial Statements are audited by an external auditor appointed at the general assembly and will be published on our website
19.2. The audit aims to ensure transparency, accountability, and compliance with financial regulations and best practices.
19.3. Results of the audit will be made available to the public, demonstrating OAPF's commitment to integrity and trustworthiness in managing raised funds.
By participating in this crowdfunding program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
