TERMS AND CONDITIONS
This Agreement was last revised on December 11th, 2020.
TERMS AND CONDITIONS
IV. INTRODUCTION AND SCOPE
VI. MODIFICATIONS TO THE SERVICE
VII. USER CONTENT
X. CHARGEBACK AND REFUND
XI. GEOGRAPHIC RESTRICTION
XII. USER RESPONSIBILITIES
XIII. GENERAL CONDITIONS
XIV. USAGE OF THIRD PARTY CONTENT
XV. EXCLUSION OF LIABILITY
XVI. NO RESPONSIBILITY
XVII. THIRD-PARTY LINKS
XIX. ERRORS, INACCURACIES, AND OMISSIONS
XX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
XXI. COPYRIGHT AND TRADEMARK
www.loancancel.com (“website”) owned and managed by Loan Cancel, LLC (“we,” “us,” or “our”) welcomes you.
- “User”, “You” and “your” refers to the person who is accessing the website for taking or availing any service from us.
- “Campaign” refers to the fund raising campaign organized by Campaign Organizer;
- “Campaign Organizer” refers to the user who is taking ther services of the website for raising funds;
- “Donor” refer to any user who makes donation to the Organization listed on the website;
- “We”, “us”, “our” and “Company” are references to LOAN CANCEL, LLC;
- “Website” shall mean and include "www.loancancel.com, and any successor website of the Company or any of its affiliates;
- "User Account” shall mean an electronic account opened for the customer for availing various services offered on the website;
- All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
- Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
- Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
- All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
IV.INTRODUCTION AND SCOPE
- Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
- Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
- Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
The LoanCancel Services are offered as a platform to allow an individual, (the "Campaign Creator”) to post a fundraising campaign ("Campaign") to the LaonCancel Platform to accept monetary donations ("Donations") from donors ("Donors")
The Services that LoanCancel provide are platforms; LoanCancel is not a Broker, LoanCancel is not a Financial Institution, LoanCancel is not a Creditor, LoanCancel is not a Charity: The Services that LoanCancel offer are administrative platforms only. LoanCancel aides the Campaign of the Campaign creators and allows Donors to make donations to these Campaign Creators. LoanCancel is not a broker, agent, financial institution, money services business, creditor or 501(c)(3) nonprofit corporation.
Payment processor: LoanCancel is not a payment processor. LoanCancel uses third-party payment processing partners to process Donations for a Campaign (“Payment Processor”). You, as a campaign creator, acknowledge and agree that the use of Payment Processors are integral to the Services and that LoanCancel exchange information with Payment Processors in order administratively facilitate Services.
VI.MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
- Content Responsibility.
The website permits you to share content, post comments, feedback, etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
- contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
- transmits viruses or other harmful, disruptive or destructive files ;
- sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;
- Information or data which are unlawfully obtained.
Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
- All the Donation on this website shall be governed by our terms and conditions.
- Donation mode shall be:
- Online: Credit Cards and Debit cards;
- We may refuse or unable to process your donation if:
- Your card or PayPal account does not give authorization for the payment of purchase price.
- You do not meet the eligibility to order criteria set out above.
ALL MEMBERS WITH A FINISHED CAMPAIGN WILL BE ASKED TO PROVIDE A COPY OF THEIR LATEST STUDENT LOANS STATEMENT BEFORE ANY DISBURSEMENT CAN BE MADE, AND THE AMOUNT RAISED SHOULD NOT BE MORE THAN 110% OF THE OWED AMOUNT. ANY AMOUNT IN EXCESS OF 110% OF A CAMPAIGNER'S CURRENT STUDENT LOAN AMOUNT WILL GO TOWARDS FUNDING OTHER CAMPAIGNS. LOAN CANCEL, LLC WILL DO ITS BEST TO FINALIZE A CAMPAIGN ONCE IT REACHES 100% OF THE AMOUNT REQUESTED BY THE MEMBER.
- LOAN CANCEL, LLC CHARGES A FLAT FEE OF 4.9% + $0.30 PER TRANSACTION OF MONEY RAISED THROUGH ITS PLATFORM. THE FEE IS AUTOMATICALLY DEDUCTED FROM EACH TRANSACTION, SO THE MEMBER NEVER GETS BILLED FOR ANYTHING DIRECTLY. THE FEE REFLECTS A COMBINATION OF THE PLATFORM FEE AND THE PAYMENT PROCESSOR'S FEE.
Donations made and transactions performed through our Website are governed by the terms set forth herein and elsewhere in these Terms and conditions.
Upon registration, Donors obtain access to certain information about Campaign and Campaign organizer. All Donations are at your own risk. When you make a Donation through the website, it is your responsibility to understand how your money will be used. Loan Cancel LLC shall not responsible for any offers, promises, rewards or promotions made or offered by any User or Campaign Organizer. We do not and cannot verify the information that Campaign Organizer supply, nor do we represent or guarantee that the Donations will be used in accordance with any purpose prescribed by an Campaign Organizer or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously.
Loan Cancel LLC reserves the right to refuse to process donations by any Donor. This includes, without limitation, suspected collusion between the Donor and Organization to bring about false impressions, mislead other Users or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or laws.
X.CHARGEBACK AND REFUND
No refund /Chargeback shall be applicable after making the donations unless the campaign has been cancelled.
However, in a determination to accomplish user satisfaction, you can contact us for a refund or any other issues through our email email@example.com .
We will refund/chargeback you back in the following circumstances:
1.If there is duplicate payment was made due to technical glitch, or any other error;
2.If we make a refund/chargeback as per the provision of our refund/chargeback policy which is updated by us from time to time;
3.If we consider the refund is necessary as per customer support staff as per our sole discretion.
We reserve the right, to limit the usage or supply of any product or service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
- You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
- You shall not upload, any content on the website that:
- Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person.
- You shall not use or access the Website for collecting any market research for some competing business;
- You shall not misrepresent or personate any person or entity for any false or illegal purpose;
- You will not use any device, scraper, or any automated thing to access the Website for any purpose without taking permission from us.
- You will inform us about anything that is inappropriate or you can inform us if you find something illegal on the website;
- You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
- You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
- We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
- We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
- The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
XIV.USAGE OF THIRD PARTY CONTENT
At loancancel.com, we have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the website.
XV.EXCLUSION OF LIABILITY
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.loancancel.com Website including loss of data or information or any kind of financial or physical loss or damage.
We shall not be responsible for any loss of data, property, stock while using our service.
In no event shall LOAN CANCEL, LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
We are not responsible to you for:
- any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
- any losses you suffer because you cannot use our website at any time; or
- any errors in or omissions from our website; or
- any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
- any unauthorized access or loss of personal information that is beyond our control.
The Website may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator of those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure(s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XIX.ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
XX.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
XXI. COPYRIGHT AND TRADEMARK
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no right to use the content, and you will not take any Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
If a dispute arises between you and website www.loancancel.com, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a "Claim") in accordance with this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
For any claim arising between you and www.loancancel.com (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the law of the United States of America and the State of Florida without giving effect to any principles of conflicts of law. The courts of the State of Florida shall have exclusive jurisdiction over any dispute arising from the use of the Website.
We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.