These Terms & Conditions ("Terms") govern your access to and use of the FundRays platform, website at fundraised.africa, WhatsApp flows, payment pages and related services (together, the "Service").
The Service is operated by FundRays Limited, a limited liability company incorporated in the Republic of Kenya under the Companies Act, No. 17 of 2015 (Business Registration No. PVT-MA157BZL, KRA PIN P052535162J), of Methoo Biashara House, Moi Avenue, CBD, Starehe, P.O. Box 7464–00100 G.P.O., Nairobi, Kenya ("FundRays", "we", "us", "our"). By accessing or using the Service, you ("you", "the user") agree to be bound by these Terms.
Group — a chama, welfare group, harambee, institution or other community that uses the Service to coordinate contributions.
Organiser / Treasurer — the person who sets up a Group and nominates the account to which contributions settle.
Recipient — the M-Pesa number, Pochi La Biashara, Paybill or Till nominated to receive settled funds.
Contributor — any person who makes a payment through the Service.
M-Pesa — the mobile money service operated by Safaricom PLC.
FundRays is a technology and coordination platform. It helps Groups organise, request, record and reconcile contributions, and it initiates collection and settlement over M-Pesa rails operated by Safaricom PLC.
FundRays is not, and does not hold itself out as: a bank; a deposit-taking institution; a payment service provider, money remittance or e-money issuer licensed under the National Payment System Act, No. 39 of 2011; a fund manager; an escrow agent; a trustee; or a fiduciary. FundRays does not hold, control or take custody of your money. Funds are collected into Safaricom-operated accounts and settle directly to the Recipient nominated by the Group. FundRays holds the relationship and the record — not the balance.
All movement of money occurs on licensed M-Pesa rails and is subject to Safaricom's own terms and the oversight of the Central Bank of Kenya under the Central Bank of Kenya Act (Cap. 491) and the National Payment System Act, No. 39 of 2011.
By using the Service you accept these Terms. We may amend them from time to time. Where changes are material, we will give reasonable notice by posting the updated Terms on this page and, where practicable, by message to registered Organisers. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.
The Organiser and the Group — not FundRays — are solely responsible for the fundraising itself. As an Organiser you represent, warrant and undertake that:
FundRays is not responsible for, and gives no assurance as to, how any Organiser or Group applies collected funds.
Contributions are voluntary. By contributing you acknowledge that the payment settles directly to the Group's nominated Recipient, that FundRays does not hold the funds, and that FundRays does not vet, endorse or guarantee any Group, purpose or Recipient. You are responsible for satisfying yourself as to the legitimacy of any collection before contributing.
Charges are set out on our Tariff & Charges page, which forms part of these Terms. At the default rate FundRays charges no platform fee; Safaricom's own M-Pesa transaction charges may apply and are displayed before a Contributor confirms. Any additional institutional fee applies only where separately agreed in writing and disclosed in advance. We may revise our own charges on reasonable notice via the Tariff page.
FundRays does not hold client money, operate a trust account, or provide financial, investment, legal, tax or accounting advice. Nothing on the Service constitutes such advice. You are responsible for your own decisions and for obtaining independent professional advice where needed.
You must not use the Service to, or to attempt to:
FundRays operates monitoring and record-keeping consistent with its obligations, and may request information, suspend activity, or decline to process where it reasonably suspects fraud, money laundering or unlawful use. FundRays may disclose information and cooperate with Safaricom PLC, the Central Bank of Kenya, the Financial Reporting Centre, the Office of the Data Protection Commissioner, law-enforcement and other competent authorities where required or permitted by law.
We may suspend, restrict or terminate access to the Service, or any Group, immediately and without liability, where we reasonably believe these Terms have been breached, where required by law or a competent authority, or to protect the Service, other users or the public. You may stop using the Service at any time.
The FundRays name, logo, software, design, and all related intellectual property are owned by or licensed to FundRays Limited and are protected under the Copyright Act, No. 12 of 2001, the Trade Marks Act (Cap. 506) and related law. You are granted a limited, revocable, non-exclusive, non-transferable licence to use the Service for its intended purpose. You may not copy, modify, distribute, or use our branding without our prior written consent. Your own fundraising content and records remain yours.
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, FundRays disclaims all warranties, express or implied, including as to merchantability, fitness for a particular purpose, uninterrupted or error-free operation, and the conduct or solvency of any Group, Organiser, Recipient or Contributor.
To the maximum extent permitted by law, FundRays Limited, its directors, employees and agents shall not be liable for:
Where FundRays is found liable notwithstanding the above, its total aggregate liability to any user for all claims arising out of or relating to the Service shall not exceed the greater of (a) the platform fees actually paid by that user to FundRays in the three (3) months preceding the event giving rise to the claim, or (b) KES 5,000.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, or any right a consumer has under the Consumer Protection Act, No. 46 of 2012 that cannot be waived.
You agree to indemnify and hold harmless FundRays Limited, its directors, employees and agents from and against any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of or connected with your use of the Service, your fundraising, your breach of these Terms, or your violation of any law or the rights of any third party.
The Service relies on third parties including Safaricom PLC (M-Pesa / Daraja), Meta Platforms (WhatsApp) and hosting and infrastructure providers. Your use of those services is subject to their own terms. FundRays is not responsible for the acts, omissions, availability or terms of any third party.
FundRays processes personal data in accordance with the Data Protection Act, No. 24 of 2019 and our Privacy Policy, which forms part of these Terms. By using the Service you acknowledge that Policy.
FundRays is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, network or power failure, failure of Safaricom or other third-party systems, cyber-attack, epidemic, strike, war, or governmental action.
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.
In the event of a dispute, the parties shall first attempt to resolve it amicably by good-faith negotiation. Failing resolution within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the Arbitration Act, No. 4 of 1995, the seat of arbitration being Nairobi and the language English. The courts of Kenya shall have exclusive jurisdiction over any matter not subject to arbitration, and nothing prevents either party from seeking urgent interim relief from those courts.