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I have read and agree to the Bank Of The Poor's Terms of Use and Privacy Policy.

Terms of Use and Privacy Policy

Welcome to Bank of the Poor, an Australian non-profit public benefit organization (together with its affiliates, officers, directors, agents, employees, representatives, partners and their respective affiliates, collectively, "Bank of the Poor"). This Terms of Use ("Agreement") is a contract between you ("you") and Bank of the Poor and governs your access and use of the bankofthepoor.org website and all other websites owned and operated by Bank of the Poor that have this Agreement posted (collectively, the "Website"), including, but not limited to, all transactions conducted on the Website and all Bank of the Poor services provided in connection with the Website. By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy), and you agree to be bound by this Agreement, whether or not you participate in Bank of the Poor's micro lending program or related programs, services or activities (collectively, the "Program") or otherwise access or use the Website (in each such capacity, a "User"). If you do not agree with all of the terms and conditions in this Agreement, please do not participate in the Program or access or use the Website.

This Agreement supersedes any previous agreement to which you and Bank of the Poor may have been bound. This Agreement may be modified by Bank of the Poor 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 Bank of the Poor 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 Bank of the Poor account, if any, as outlined in Section 9 below, and please immediately stop participating in the Program and accessing and using the Website.

This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Bank of the Poor 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.

You may receive a written copy of this Agreement by emailing us at: contact@bankofthepoor.org, Subject: Bank of the Poor Terms of Use Agreement.

This Agreement is divided into the following sections:

  1. Participation in the Program
  2. Proprietary Rights
  3. Acceptable Use
  4. Disclaimers
  5. Limitation of Liability
  6. Disputes with other Partners, Borrowers
  7. Governing Law; Resolution of Disputes; Arbitration and Waivers
  8. Indemnity
  9. Term; Termination
  10. Entire Agreement; Severability

1. Participation in the Program

Bank of the Poor manages the Website, which matches you and other persons (each, a "Lender" and, collectively, "Lenders") with under-banked or low-income borrowers in various countries (each, a "Borrower" and, collectively, "Borrowers") in need of affordable capital.. 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 endeavours including investment in a "start up" business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations. Please carefully review the Website section entitled "Risk and Due Diligence" which highlights the various risks associated with lending online through Bank of the Poor and explains in greater detail the role played by Bank of the Poor and the Partners (defined below in this Section 1).

By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) Bank of the Poor makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Website will be repaid in whole or in part, (b) loans and other similar transactions made via the Website (each, a "Loan") are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will lend only those amounts on the Website that you can afford to lose. Loans 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.

1.1. Loan Disbursement. You understand that Loans are not made directly to Borrowers and that Bank of the Poor identifies existing domestic and international organizations (each, a "Partner" and, collectively, "Partners") that work in under banked or low-income communities and generally have a stated mission to reduce poverty by providing affordable working capital to under banked or low-income borrowers. Loan requests are posted in cooperation with such Partners and are, before being listed on Bank of the Poor, converted to AU$ Dollar amounts as necessary and then rounded up to the nearest AU$ increment of 25, to help streamline the Loan transaction process. Funds loaned by you, the Lender, will be delivered to Partners for ultimate disbursement to, or backfilling of Loans to, the Borrower(s) you have selected. In certain cases, Borrowers may receive goods and services funded by Loan amounts, such as agricultural packages, from Partners, instead of the monetary amount of the Loan. A Partner may voluntarily choose to pre-fund your Borrower in the short-term from its own funds in anticipation of receiving your Loan amounts as backfill. This helps reduce the time the Borrower needs to wait until the Loan is funded on the Website and the funds are delivered on a net billing basis to the Partner. Bank of the Poor serves as a middle-man in the process and aggregates funds from multiple Lenders via the Website and delivers 100% of these funds on a net billing basis (excluding the interest earned, if any, on such funds while they are held in a Bank of the Poor user loan funds account, which interest is contributed to fund Bank of the Poor's operations) to the Partner(s) for disbursement to the Borrowers selected by Lenders for funding on the Website. Please note that many Partners require mandatory savings as part of their transaction process to serve as collateral, which savings may help ensure that Borrowers are able to accumulate cash and represent a good risk. In certain cases, mandatory savings (and fees) are netted by Partners against the Loans forwarded by Bank of the Poor.

The process of disbursement to a Borrower in a particular country, however, may vary from the standard disbursement structure just described. Currency and other national or local regulations may require a different philanthropic funding structure in some countries. In such cases, instead of Loan funds being forwarded directly to the corresponding Partner, Bank of the Poor may, for example, have to transact with other intermediaries, such as the Partner's affiliates or other third parties licensed in the particular country to transact in foreign currencies, to structure a different indirect funding process to enable a Borrower to ultimately be supported by a Loan from you.

Partners are solely responsible for screening and selecting each Borrower (including, without limitation, posting requests for Loans on the Website) and making all Loan disbursements, and Bank of the Poor expressly disclaims any responsibility to screen or select any Borrower or any Partner or monitor the disbursement of Loan proceeds from the Partner(s) to the Borrower(s). Bank of the Poor and its Partners shall have no liability whatsoever with respect to such screening or selection of Borrowers or Partners and the disbursement of Loan proceeds from the Partner(s) to the Borrower(s), and you shall hold Bank of the Poor and its Partners harmless from, any and all liabilities with respect to, or resulting from such screenings, selections and disbursements.

1.2 Loan Collection and Repayment. Loans are repaid directly by the Borrower(s) to the Partner(s). As Borrowers repay the Loans, the Partner(s) will post a record to the Website of such repayments actually received by the Partner(s), and it is the responsibility and obligation of the applicable Partner(s) to pay over such collected Loan payments to Bank of the Poor. Repayments may be made in periodic instalments, depending on the terms of the applicable Loan. Except as may be provided in Sections 1.5 ("Principal Loss Scenarios"), Section 1.9 ("Guest Transactions; Promotional Products"), below, any amounts actually received by Bank of the Poor from a Partner(s) as repayment by the applicable Borrower(s) will be distributed among the Lenders on a pro rata basis in accordance with the amounts loaned by such Lenders to such Borrower(s). These distributions may, in Bank of the Poor's sole discretion, be made periodically or in one lump sum once 100% of all Loan proceeds for a particular Loan have been received by Bank of the Poor. Furthermore, please note that timing of distributions to Lenders of any collected repayment may vary and may be materially impacted because of circumstances that, in Bank of the Poor's judgment, require Bank of the Poor to conduct further reviews with respect to the collected repayments (by way of one example, to resolve issues regarding accuracy of repayment amounts and corresponding data, or for other issues). If, for any reason, the Partner(s) are unable to collect Loan repayments directly from the Borrowers or if Bank of the Poor, for any reason, is unable to collect Loan repayments directly from the Partner(s), repayment of your Loan amounts could be at risk of partial or total delay or non-repayment and a loss of some or all of your principal could occur. You hereby acknowledge and agree that neither the Partner(s) nor the Borrower(s) will have direct contractual obligation or liability to pay you any principal and that Bank of the Poor is obligated to repay only such Loan principal to the extent actually received by Bank of the Poor from a Partner with respect to a Borrower (subject to the conditions noted above). None of Bank of the Poor, its Partner(s) or any Borrower will have any obligation to pay interest on the Loan or other fees or amounts (other than as expressly set forth above) to you or any other Lender in connection with any Loan you make. At this time, Bank of the Poor does not charge interest on any Loans posted on the Website. However, you should note that Partners charge interest and fees to Borrowers to, for example, cover their operational expenses.

1.3 Tax Deductibility. You understand that Bank of the Poor is a non-profit public benefit corporation. You acknowledge, however, that because you are making a Loan and not donating any money, you are not eligible to receive a tax deduction as might otherwise be available in connection with a charitable contribution to a tax-exempt public charity. You also understand that you are solely responsible for determining the proper tax treatment for any Loan you make through the Website and the Program. Bank of the Poor has not and will not provide any tax or legal advice to you in connection with any Loan you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors and legal advisors.

1.4. Loan Records. Records of each Loan you make (including this Agreement and any repayment history) are kept by Bank of the Poor and, if you have a registered account with Bank of the Poor and upon your written request, will be made available to you at any time throughout the term of the Loan. The amount of funds you have available in your Bank of the Poor account that you have deposited, whether from your personal funds, and is freely available to be lent ("Bank of the Poor Credit") can also be accessed via your Bank of the Poor online account created upon registering at the Website.

1.5 Principal Loss Scenarios. You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Loan and/or, in Bank of the Poor's sole discretion, any extension of the length of the term of your Loan in order to increase the chances that your Loan is repaid or that amounts of your Loan are repaid. Bank of the Poor will generally deem a Loan to be in default if Bank of the Poor determines that collection of funds from a Partner for such Loan is doubtful or a repayment on the Loan is six (6) months past the originally scheduled repayment date (for any expected repayment, including interim repayments), 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. In cases where a Loan is in default, and subject to the distribution timing provisions noted in Section 1.2 (Loan Collection and Repayment) above, each applicable Lender will have the option to recover whatever principal has been repaid up to that point.

If for any reason less than 100% of your Loan is repaid, you agree that Bank of the Poor and its Partners (as well as any "related Partner entity" - for example, one that as part of a restructuring or otherwise, assumes control over such a Partner, its assets and/or its obligations) shall have no liability therefore, and you hereby release and forever hold harmless Bank of the Poor and its Partners and any "related Partner entity" for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.

1.6 Insufficient Lender Funds. In the event that you make a Loan and your payment does not clear or your payment provider reverses a payment originally intended for Bank of the Poor), you agree that Bank of the Poor may, in its sole discretion, (i) offset the amount of the insufficiently funded Loan against your Bank of the Poor Credit or (ii) withdraw and cancel your insufficiently-funded Loan from your account as not paid in full.

1.7 Auto-lending; "Choose for me" Feature. Without in any way limiting the earlier provisions of this Section 1, Bank of the Poor may implement Website features pursuant to which a User may - in lieu of manually accessing his or her registered account to specify a Loan or Loans to make - establish account settings to automatically make Loans based on the User's prior instructions and without further direct input from the User, based on User-selected preferences, the amount of Bank of the Poor Credit available in the User's account, and other business factors, such as the availability of Loans on the Website and other parameters as may be determined by Bank of the Poor in its sole discretion. By being Lender with Bank of the Poor you choose to activate an auto-lending feature on the User's registered account by default, and depending on the particular preferences selected by the User, any and all available Bank of the Poor Credit at any time in such User's account (including, but not limited to, repayments on previously made Loans or new Bank of the Poor Credits otherwise deposited into the User's account) may be subject to being automatically deployed under the auto-lending program. You understand and acknowledge, however, that a User's auto-lending does not necessarily guarantee that Loans will be successfully made. Variables such as a User's particular set of auto-lending preferences, or the general availability of Loans not already funded through manual selection by other Bank of the Poor Users, or other feature parameters as established by Bank of the Poor in its sole discretion, may impact the chances of an automatic Loan being made. You further acknowledge and agree that any Loans transacted under the auto-lending feature are in all respects Loans voluntarily made by you as the User, based on your instructions as reflected in your preference settings simply executed by the Bank of the Poor system and subject to overall availability of Loans and other feature parameters, and are under no circumstances to be considered to be Loans chosen by Bank of the Poor on such User's behalf. Furthermore, in no event will a Loan made pursuant to the auto-lending feature by a User to be cancellable or refundable by the User. You agree that Bank of the Poor and its Partners shall have no liability if for any reason less than 100% of a Loan made pursuant to auto-lending is repaid, and you hereby release and forever hold harmless Bank of the Poor and its Partners for any loss you may incur from an auto-lending Loan. Bank of the Poor may modify or terminate the auto-lending functionality at any time or from time to time.

Without in any way limiting the earlier provisions of this Section 1, Bank of the Poor may implement Website features pursuant to which a User may ask to have the Website randomly suggest a particular Loan for the User to consider making. To the extent a User employs this 'choose for me' suggestion feature, you understand and acknowledge that you have an opportunity to learn more about that Loan before deciding whether or not to fund such Loan and that you have complete discretion to decline to fund such Loan. You further acknowledge and agree that any Loans transacted under the 'choose for me' suggestion feature are in all respects Loans voluntarily made by you as the User. You agree that Bank of the Poor and its Partners shall have no liability if for any reason less than 100% of a Loan made pursuant to the 'choose for me' feature is repaid, and you hereby release and forever hold harmless Bank of the Poor and its Partners for any loss you may incur from a Loan suggested by the 'choose for me' feature. Bank of the Poor may modify or terminate the 'choose for me' suggestion functionality at any time or from time to time.

1.8 User Account Inactivity; Instructions for Auto-Donation of Funds to Bank of the Poor or Auto-Withdrawal Return of Funds to User. Bank of the Poor welcomes its Users' active participation in the Bank of the Poor 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 Bank of the Poor account or there are no credits/withdrawals made to such User's account. Therefore, Bank of the Poor may implement Website features pursuant to which any remaining balances in your account to be handled in the event your account were to become inactive for a period of 30 days or more consecutive months with a credit of $25 or more-- in such a case of User inactivity, your credit will either(i) automatically be donated to Bank of the Poor's general operating expenses to further Bank of the Poor's philanthropic mission or (ii) for Bank of the Poor to auto-lend the remaining funds from your account to another entrepreneur via Bank of the Poor. In addition, in such cases of User inactivity, Bank of the Poor may elect to automatically terminate the inactive User account after 24 or more consecutive months.

By registering on the Website, automatically you are opted-in to instructing Bank of the Poor to auto-convert any remaining account balances under $25 as a donation to Bank of the Poor's general operating expenses to further Bank of the Poor's philanthropic mission if your account were to become inactive for a period of 6 or more consecutive months. Any funds that have been auto-donated shall not be revocable once the auto-donation has taken place.

ANY ATTEMPT TO DELIBERATELY DEFRAUD BANK OF THE POOR OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION AND PROCESS OF THE FREE TRIAL FEATURE IS A VIOLATION OF THIS AGREEMENT AND ANY APPLICABLE LAWS.

1.9 Bank of the Poor's third parties. Bank of the Poor's third party is a service that Bank of the Poor 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 Bank of the Poor 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 take actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Bank of the Poor gives no guarantees or warranties with respect to any Third Party Application and is not responsible for your use 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. To revoke permissions that you have granted to a Third Party Application, you may revoke these permissions by logging into your account on the Website or by contacting Bank of the Poor.

2. Proprietary Rights

"Bank of the Poor", the "Bank of the Poor" logo and other Bank of the Poor graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Bank of the Poor ("Bank of the Poor Marks"). Bank of the Poor 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 Bank of the Poor. Bank of the Poor 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 Bank of the Poor thereon (collectively, "Content"). The Website and Program contain the copyrighted material, trademarks and other proprietary information of Bank of the Poor and its licensors. You may display and make limited copies of the Content (other than the Bank of the Poor 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 Bank of the Poor. In addition, to the extent you receive information from Bank of the Poor, its Partners or the Borrower 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 Borrower or the sensitive nature of particular Borrower profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Borrower, if such Borrower (either directly or through the corresponding Partner or Bank of the Poor) 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 Bank of the Poor in connection with or arising from your participation in the Program, including without limitation any feedback provided to Bank of the Poor (collectively, "User Generated Content"), you agree to grant, and hereby grant to Bank of the Poor 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 Bank of the Poor 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.

You acknowledge, consent and agree that Bank of the Poor may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Generated Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including without limitation intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Bank of the Poor, its users, or the public. Please see the Privacy Policy for more information regarding the use and disclosure of your information as part of the Program.

To file a notice of infringing material on the Website, please provide a notification containing the following details:

  • Reasonably sufficient details to enable us 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 us 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 we 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:

By Mail:
Bank of the Poor
8 Dayspring Street
Sunrise Beach QLD 4567
By Fax :
Attn: Bank of the Poor
(07) 54554956
By Email :
contact@bankofthepoor.org

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 Australia, for any judicial district in which Bank of the Poor 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 Bank of the Poor's contact information provided above in this Section.

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 Bank of the Poor, and Bank of the Poor 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 Bank of the Poor. 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 our 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.

3. Acceptable Use

You may access and use the Website for your personal, non-commercial use in connection with the Program. The Website may not be accessed or used by you in connection with any other endeavours -- commercial or otherwise -- except as previously approved in writing by an authorized representative of Bank of the Poor. Your access and use of the Website and participation in the Program shall be in strict compliance with this Agreement, including, without limitation, Bank of the Poor's Privacy Policy, all other procedures and guidelines set forth on the Website and as part of the Program, as well as applicable law. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of Bank of the Poor, any User, Partner or any other person. You may not engage in advertising to, or solicitation of, any User, Partner, Borrower or any other person to buy or sell any products or services through the Website. Only authorized Partners and their authorized Borrowers may seek Loans on the Website or otherwise through the Program. You may not transmit any chain letters, junk email or "spam" to any User, Partner, Borrower or any other person. Bank of the Poor has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of the Website or exploitations of the Program, including collecting or harvesting (whether or not by automated scripts) the name, email address or any other personal or confidential information of any User, Partner, Borrower or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

Although Bank of the Poor 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 lender messages or joining lending 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 Loan profile, or (iii) contact, advertise to, solicit, or sell to any User, Partner, Borrower or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, Bank of the Poor reserves the right to remove content from the Website that violates acceptable use in Bank of the Poor'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 Bank of the Poor deems appropriate, in Bank of the Poor's sole and absolute discretion.

Bank of the Poor reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Bank of the Poor'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; or is defamatory, libellous, or invades another person's privacy or proprietary rights.

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 Bank of the Poor, 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.

4. Disclaimers

Bank of the Poor 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, Partner, Borrower or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Partners are not liable for content created and posted on the Website. Bank of the Poor 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, Bank of the Poor 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.

Under no circumstances will Bank of the Poor 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. Bank of the Poor 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 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.

Bank of the Poor makes no representation or warranty, express or implied, with respect to any third party data provided to Bank of the Poor or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Bank of the Poor 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 Bank of the Poor or "force majeure" or any other cause beyond the control of Bank of the Poor.

5. Limitation of Liability

You understand that any and all decisions made by you with respect to the Website and Program are yours alone. Bank of the Poor cannot and does not verify the accuracy of information from Partners, other Users or Borrowers. Bank of the Poor 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 making a Loan to a Borrower or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will Bank of the Poor 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 Bank of the Poor has been advised of the possibility of such damages, costs, losses or expenses.

6. Disputes with other Partners, Borrowers

Bank of the Poor is not responsible for your interactions with any Partners, 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.

Bank of the Poor reserves the right, but has no obligation, to monitor disputes between you and such persons.

7. Governing Law; Resolution of Disputes; Arbitration and Waivers

This Agreement is governed by the laws of the State of Queensland, Australia, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Bank of the Poor, 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. The arbitration shall be heard and adjudicated by one mediator to be selected by you and Bank of the Poor. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Queensland Law, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Bank of the Poor may seek any injunctive relief in a state or federal court in Brisbane, Queensland, as may be necessary to preserve rights pending the completion of arbitration and Bank of the Poor may seek any injunctive relief in a state or federal court in Brisbane. Queensland, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND BANK OF THE POOR 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.

8. Indemnity

You agree to indemnify and hold Bank of the Poor 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.

9. 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, Bank of the Poor may make features available to Users as part of the Program. Bank of the Poor 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 any Bank of the Poor services, may be determined by Bank of the Poor 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 Bank of the Poor along with instructions for the disposition of your then-available Bank of the Poor Credit and any additional credits that you may receive in the future (e.g., based on repayments of then-outstanding and active Loans), such notice to be effective within three (3) days of receipt by Bank of the Poor. Bank of the Poor 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 Bank of the Poor. Upon such a Bank of the Poor-initiated termination, your available Bank of the Poor Credits shall be returned to you within thirty (30) days of account termination and any Bank of the Poor Credit you may receive in the future shall also be returned to you in due course. If your participation in the Program and registered account is terminated by Bank of the Poor, 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, Bank of the Poor has the right to delete your profile and remove your User Generated Content.

10. Entire Agreement; Severability

This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and Bank of the Poor regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us at contact@bankofthepoor.org with any questions regarding this Agreement.