Terms & Condition
KhmerCare is an online fundraising service that is owned and operated by Pathmazing Inc, the sole trustee of which is Pathmazing Inc (KhmerCare), trading as KhmerCare (KhmerCare, We, Us or Our). Our service allows Users to set up a KhmerCare web page (KhmerCare Fundraiser) for the purposes of seeking and receiving online donations for Cambodian causes from members of the public. These terms of service (Terms) describe the services that We provide for you (User, You, or Your) and what we require of You in return. From time to time We will make changes to Our Terms by posting the changes on the KhmerCare website and indicating the date these terms were last revised. If the changes to Our Terms are material and will significantly impact the way that You use KhmerCare, We will notify You of the changes by reasonable means which may include emailing You in addition to posting the changes on the KhmerCare website. If You have any queries or concerns in relation to Our Terms, please contact Us at help@khmercare.com
- ACCEPTANCE OF OUR TERMS
- YOUR OBLIGATIONS
By using Our services, You agree:
- to comply with Our Code of Conduct;
- to our Content Management Policy and Privacy Policy
- to provide Us with true and accurate information as reasonably requested by Us to conduct Our services, including as part of the registration process for establishing a KhmerCare account maintained by Us to record any amounts donated (KhmerCare Account), when creating a KhmerCare Fundraiser and when providing information to Us for verification purposes;
- not to upload any content (including text, pictures, graphics, audio, video, images or other data) (Content) which breaches the intellectual property rights of any third person or entity;
- not to engage in any conduct in relation to the services that violate laws (including privacy laws), rules, regulations, or these Terms; and
- not to use Our intellectual property (e.g. trademarks and/or copyright) or assert any rights in any of Our intellectual property without Our prior consent. Inquiries and permission requests may be sent to help@khmercare.com
- USE OF DONATIONS
- TYPES OF DONATIONS
You can make a donation by any of the means set out below.
- Direct Donations
- You can make an immediate donation using a credit or debit card (Card) The minimum donation amount is $0.25.
- You can make an immediate donation using ABAPay.
- You can make an immediate donation using WingPay.
- Subscriptions
- Direct Donations
- REFUNDS
- KhmerCare ACCOUNT
- VERIFICATION
- PAYMENT TERMS
- RECEIPTS
- YOUR REGISTRATION DETAILS
- KhmerCare FUNDRAISERS
All registered Users may create a KhmerCare Fundraiser for any charitable or funding purpose which We approve. You agree to comply with Our Content Management Policy.
When setting up a KhmerCare Fundraiser, You must make it clear what the raised funds will be used for. This purpose will be displayed on the KhmerCare Fundraiser.
You may only create a KhmerCare Fundraiser on behalf of an organization if You are an authorized representative of that organization. If We receive advice contrary to the above then We will remove the page.
We reserve the right to cancel a KhmerCare Fundraiser without notice at the request of the Beneficiary or otherwise for breach of the Terms or the Code of Conduct.
We may immediately remove Content from a KhmerCare Fundraiser if any intellectual property rights are contested by a third party or if We become aware that You are not properly authorized to use any Content. If You suspect a breach of any intellectual property right on the KhmerCare website, please email Us at help@khmercare.com. We may also immediately remove content if it breaches Our Code of Conduct, or We reasonably consider the content to be offensive.
Where You are a Fundraiser Owner, but not the Beneficiary of that KhmerCare Fundraiser, You agree to obtain the consent of the Beneficiary prior to uploading any Content to the KhmerCare Fundraiser that may contain the Beneficiary's personal information. We reserve the right to remove any Content from any KhmerCare Fundraiser, at Our sole discretion, and without notice, if requested by the Beneficiary.
In the event that the KhmerCare holds funds raised for a KhmerCare Fundraiser for longer than 3 months and:
- no Payee has been verified; or
- the page is unable to be moderated in accordance with our Content Management Policy,
We will use reasonable endeavors to refund the funds but reserve the right to distribute the funds to such charitable causes as We see fit. No refunds will be made in the event that a KhmerCare Fundraiser raises less than $100 nor for individual donations that are less than $20.
- PASSWORDS & SECURITY
- TERMINATION OR SUSPENSION
We may reject Your registration, KhmerCare Fundraiser creation, use of, or access to Our services at Our discretion.
We may suspend or terminate Your KhmerCare Fundraiser and/or use of Our services without incurring any liability to You if:
- a serious complaint is received or a number of complaints (amounting to what We determine as a serious complaint) are received about You in relation to Your use of Our Services;
- You breach these Terms, Our Content Management Policy or Our Code of Conduct;
- We consider Your behavior to be unacceptable;
- We consider Your activity is detrimental to or may cause distress or harm to, any person;
- in relation to suspension only, such suspension is necessary for any system maintenance (after giving You as much advance notice as is reasonably practicable in the circumstances) or without notice to address security concerns in relation to Our systems;
- termination or suspension is required by any law or direction from any government, law enforcement or other authority; or
- We are unable to complete our verification processes as set out in section 9 of these Terms (including any required re-verification).
- PRIVACY
- NO WARRANTIES
- OUR LIABILITY TO YOU AND WHAT COMPENSATION WE WILL PAY
- YOUR LIABILITY TO US AND WHAT COSTS YOU MUST PAY
- DISPUTES OR COMPLAINTS
- GENERAL
By using Our services, You accept these Terms.
If You have set up a KhmerCare Fundraiser (Page Owner), You authorize Us to collect donations from persons who choose to make a donation (Donors).
If You are a Donor, You authorize Us to pass on the donation to the recipient of the funds (Payee) who may be the beneficiary named on the KhmerCare Fundraiser (Beneficiary) or a recipient who receives the donation on behalf of the Beneficiary.
We rely on the good faith of all Users of Our services to meet any stated objectives advertised on any KhmerCare Fundraiser. We are not responsible for ensuring that Beneficiaries use donations in any particular way and We cannot guarantee that donations will be applied for a particular purpose. If You are a Donor and You are dissatisfied with the application of any donation made through a KhmerCare Fundraiser, You should raise this directly with the Page Owner or make use of any forums on KhmerCare such as the Q&A feature or “Report This Page” form, and/or contact KhmerCare directly via the Helpdesk.
All donations to a KhmerCare Fundraiser and all funds in a KhmerCare Account are non-refundable and non-transferable unless We direct otherwise which We will only do in exceptional circumstances.
If any refund that We attempt to process is unsuccessful, the donation is surrendered to KhmerCare and We reserve the right to distribute these funds to such charitable causes as We see fit.
If You have a KhmerCare Account, We hold any funds within the account for You.
If You would like to close Your KhmerCare Account, please contact Us at help@khmercare.com
In order to maintain compliance with laws and to ensure that We maintain a high standard of trust and confidence in Our services, We may require that a verification process takes place to verify Your identity. The verification process may include requiring You to provide Us with certain personal information. Re-verification may be required in the event that You amend or update Your details or as part of the requirements for ongoing relationships.
If You are a Payee, this process is mandatory, but We may also verify any other Users including Beneficiaries and Donors. For details on the type of information, We may require from You for
The verification process includes checks to identify Users who are politically exposed persons or close associates of such persons. If You are providing this information on behalf of the intended Payee, please ensure that You have the consent of the intended Payee to do so for these purposes.
If We cannot verify You or We identify an issue as a result of that verification process, We may not be able to register You with KhmerCare or pay You any funds.
Donations will only be paid out to verified Payees. Donations made each month are batched and paid out to the relevant verified Payee between the 20th and 25th day of the month following receipt of the donation by KhmerCare.
One-off payments can be facilitated in special circumstances at Our discretion in the event of an emergency, special need or projects or events that fall ahead of the next scheduled monthly batch payment. To request a one-off payment please email help@khmercare.com and provide details of Your special circumstances. We reserve the right to request additional information or supporting documentation at any stage in considering Your request.
We reserve the right to require an independent trustee or a change in the Verified Payee as a condition for payment. We may also require that any funds are paid to direct creditors of the Beneficiary.
In the event KhmerCare makes an overpayment to a Payee, the overpaid funds must be returned to KhmerCare within 3 days of that Payee being contacted by KhmerCare or as otherwise agreed with Us.
Donors are automatically emailed a receipt (or notice of successful payment) for every donation on KhmerCare.
The type of receipt or notice that will be issued will depend on the amount and type of the donation and the tax treatment of that donation. For further information please contact Us at help@khmercare.com
To register with KhmerCare, You must be at least 18 years old excluding the Donors. You confirm that all of the information You provide to Us as part of the registration process is true and accurate. It is Your responsibility to update Your details as they change from time to time.
You are responsible for keeping personal login information safe, private, and secure at all times. We may take such security measures as We deem fit, including suspending or locking Your KhmerCare Account or KhmerCare Fundraiser if We suspect any malicious activity or unauthorized access.
We take privacy seriously when We collect personal information from You.
When You register, You agree to Our Privacy Policy and to Us occasionally making contact via email for matters that We deem important to Your membership, in accordance with Our Privacy Policy. You can find Our Privacy Policy here.
We will use reasonable efforts to maintain the KhmerCare service, however, We do not guarantee the continuous operation of the KhmerCare website or Our services.
We do not provide any further warranties in relation to Our Services and exclude any additional warranties to the extent allowed by law.
You have statutory rights under the Cambodia Consumer law. Nothing in these Terms will limit Your rights under that law unless We are legally entitled to do so. If You use Our services for business purposes, the Cambodia Consumer law does not apply.
All other types of liability (including loss of profits or business) are excluded to the extent permitted under Cambodia Consumer law. In particular, We are not responsible for any information given by Us or contained on Our website in relation to the accounting, tax, or financial consequences of making a donation or using KhmerCare to fundraise.
In the event We are liable to You, Our maximum liability to You under these terms, however, caused, is limited to the funds donated by You or received by You as a Beneficiary (as applicable).
You are liable to Us for any losses We suffer and costs We incur (including the cost of a solicitor) as a result of:
Content uploaded by You;
Your breach of these Terms or Our Code of Conduct; or
third party claims arising as a result of Your use of Your KhmerCare Account.
If You have a dispute with Us or a complaint about Our Services, We would like the opportunity to resolve this with You amicably. Please contact Us at help@khmercare.com.
KhmerCare always seeks to provide You with the highest level of service. If for any reason we do not meet your expectations, please contact us. We aim to resolve all disputes as soon as they are brought to our attention, as quickly and fairly as possible. If we are unable to do so, we will set out for you the steps we will take to find a solution and the timeframe in which you can expect the matter to be resolved. You may contact us to make a complaint by email via help@khmercare.com
If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms, and the remainder shall not be affected.
Cambodian law applies to these Terms and You agree that the Cambodian courts will hear any claim brought under these Terms.
