Refund policy

1.1 Donations are not purchases of goods or services from Gathr

You acknowledge and agree that a contribution made through the Services ("Donation") is a voluntary gift made by a Donor directly to an Organiser or Beneficiary, and not a purchase of goods or the procurement of services from Gathr Technologies Limited. Gathr is a technology intermediary and payment facilitator as defined in Module 2 of the Terms of Service, and does not itself sell goods, render the services described in a campaign, or act as the counterparty to the donation transaction.

This distinction is material because the primary refund entitlements created under Sections 122, 130, and 131 of the Federal Competition and Consumer Protection Act, 2018 (FCCPA) attach to a supplier of goods or services to a consumer. Gathr is not the supplier of the charitable, medical, educational, or humanitarian outcome described in a campaign; the Organiser is. Accordingly, primary responsibility for delivering on the representations made in a campaign, and for any refund arising from a failure to do so, rests with the Organiser, not with Gathr.

1.2 Gathr's position as a limited service provider to Donors and Organisers

Notwithstanding Clause 1.1, Gathr does supply a narrow set of services directly to Users: the technology platform itself, campaign hosting, payment facilitation, and, where applicable, AI-assisted content generation tools described in Module 2.3 of the Terms of Service. To the extent the FCCPA applies to these specific services (as opposed to the underlying donation), this Policy sets out how Gathr addresses that limited scope of application.

1.3 No exclusion of statutory rights

Nothing in this Policy is intended to exclude, restrict, or waive any right conferred on a consumer that cannot lawfully be excluded under the FCCPA, including the prohibition on unfair contract terms under Section 128 and the prohibition on terms that purport to waive a consumer's statutory rights under Section 129(1)(b). Where any clause of this Policy is found by a court or the Competition and Consumer Protection Tribunal to conflict with a non-excludable statutory right, that statutory right shall prevail to the extent of the conflict, and the remainder of this Policy shall continue in force in accordance with the severability provisions of the Terms of Service.

2.1 Non-refundable nature of platform fees

The platform fee, transaction processing fee, and any applicable value-added tax deducted at source under Module 4.2 of the Terms of Service are charged in consideration of services that have already been fully rendered at the point of a successful transaction, namely the provision of the technology infrastructure, fraud screening, and payment facilitation required to move a Donation from a Donor to a campaign balance. As these services are rendered and consumed instantaneously and irreversibly upon completion of a transaction, platform fees are non-refundable in full, save for the limited circumstances described in Clause 2.2.

2.2 Circumstances in which a platform fee refund may apply

Gathr will refund its platform fee, in whole or in part, only where:

• The fee was charged as a result of a verifiable technical error attributable to Gathr’s own systems, such as a duplicate transaction caused by a platform malfunction
• The underlying Donation is reversed due to fraud on the part of the Organiser that is confirmed following an internal investigation under Module 3 of the Terms of Service, in which case the fee refund is discretionary and is treated as a goodwill gesture rather than an admission of liability
• A refund of the fee is required by a binding order of the Federal Competition and Consumer Protection Commission (FCCPC), the Competition and Consumer Protection Tribunal, or a court of competent jurisdiction

2.3 No refund of third-party processing fees

Fees retained by Paystack Payments Limited, Bachs (https://bachs.io/), or any correspondent bank, card network, or mobile money operator in connection with a transaction are governed exclusively by the Paystack Merchant Terms of Service, Bachs Terms of Service, and applicable payment network rules. Gathr has no control over, and accepts no liability for, the refundability of these third-party fees, consistent with Module 4.1 of the Terms of Service.

3.1 General position on donor-initiated refund requests

Because a Donation is a gift to an Organiser or Beneficiary and not a payment to Gathr for goods or services, a Donor does not have an automatic right to demand that Gathr itself reverse a completed Donation. A Donor seeking the return of a Donation should, in the first instance, contact the Organiser directly.

3.2 Circumstances in which Gathr will facilitate a Donation refund

Notwithstanding Clause 3.1, Gathr will facilitate a refund of a Donation, subject to the Organiser's account balance being sufficient to cover the reversal, where:

• The Donation was made in error, such as a duplicate or mistaken payment, and the Donor notifies Gathr within seventy-two (72) hours of the transaction
• The Donation was procured by fraud, misrepresentation, or a fabricated campaign, as confirmed following an investigation under Module 3.3 and 3.4 of the Terms of Service
• The Donation was processed as a result of unauthorised access to the Donor’s payment instrument, and the Donor has reported the matter to their card issuer or bank and to Gathr
• A campaign is removed under Module 5 of the Terms of Service for violating the Ban List, and residual funds have not yet been disbursed to the Organiser
• A refund is required by a chargeback validly upheld by Paystack, Bachs, or the relevant card issuer/mobile money operator under Module 4.4 of the Terms of Service

3.3 Timely performance and Section 130 FCCPA

Where an Organiser has represented that a specific good, service, or outcome will be delivered to a Beneficiary or the public in exchange for funds raised (as opposed to an unconditional charitable gift), and that outcome is not delivered within the timeframe represented, a Donor's right to a refund of a reasonable portion of the amount contributed, having regard to the extent of the failure, arises under Section 130 of the FCCPA against the Organiser as the relevant service provider. Gathr will use reasonable endeavours to facilitate the recovery of such a refund from the Organiser's balance where the Donor produces satisfactory evidence of the failure, but Gathr's role in this process is that of a facilitator and not a guarantor, consistent with Module 2.2 of the Terms of Service.

3.4 Limits on Gathr's refund facilitation obligation

Gathr's ability to facilitate a refund under this Module is expressly limited to the funds actually held in the relevant campaign's Gathr-administered balance at the time the refund request is validated. Where an Organiser has already withdrawn the disputed funds, Gathr's only recourse is to pursue recovery from the Organiser under the chargeback clawback and set-off provisions of Modules 4.4 and 4.6 of the Terms of Service. Gathr does not guarantee, warrant, or undertake to personally fund a refund shortfall out of its own working capital, and nothing in this Policy shall be construed as creating such an obligation.

3.5 Refund requests implicating AML/CTF freezes

Where a Donation, campaign, or account is frozen under Module 3.4 of the Terms of Service on suspicion of money laundering, terrorist financing, or other financial crime, Gathr's statutory obligations under the Money Laundering (Prevention and Prohibition) Act, 2022 and the Terrorism (Prevention and Prohibition) Act, 2022 take precedence over any refund request or timeline set out in this Policy. Gathr may be legally unable to process, confirm, deny, or explain a refund request affected by a live investigation, and may be prohibited from disclosing the existence or status of such an investigation under the anti-tipping-off provisions referenced in Module 3.4 of the Terms of Service. No refund timeline in this Policy runs during the pendency of such an investigation or freeze.

3.6 Cross-border and foreign exchange donations

Where a refund is due on a Donation made in a foreign currency, the refunded amount will reflect the local currency equivalent actually received by Gathr's settlement infrastructure net of the foreign exchange conversion already applied under Module 4.3 of the Terms of Service. Gathr does not absorb, and the Donor does not receive compensation for, any adverse movement in exchange rates between the date of the original Donation and the date of the refund.

4.1 How to submit a refund request

A refund request must be submitted through the designated support channel on the platform, and must include the transaction reference, the date of the Donation, the amount, and a clear statement of the grounds for the request by reference to Module 3.2 above.

4.2 Verification and response timeline

Gathr will acknowledge a refund request within five (5) business days of receipt. Where the request does not require escalation to the Organiser or a fraud investigation, Gathr will endeavour to resolve straightforward duplicate-payment requests under Clause 3.2(a) within fourteen (14) business days. Requests requiring investigation, Organiser response, or chargeback coordination with Paystack may take longer, and Gathr will provide the Donor with a reasonable estimate of the expected timeline once the nature of the request is established.

4.3 Evidentiary requirements

Gathr may require the Donor to provide supporting documentation, including bank or card statements, correspondence with the Organiser, or a police report, before a refund is processed. Gathr reserves the right to decline a refund request that is not supported by adequate evidence, without prejudice to the Donor's right to pursue the matter directly against the Organiser or before the FCCPC.

4.4 Method of refund

Where a refund is approved, it will be returned to the original payment instrument used for the Donation, through Paystack's reversal infrastructure, wherever technically possible.

5.1 Organiser's primary responsibility for refunds

The Organiser is the party primarily responsible for honouring any refund obligation arising from a failure to deliver a represented outcome, a misrepresentation in campaign content, or a defect in any good or service promised in exchange for a Donation. This Policy does not shift that responsibility to Gathr.

Consistent with Module 6.1 of the Terms of Service, the Organiser shall indemnify and hold harmless Gathr Technologies Limited and the Gathr Indemnified Parties against any loss, cost, chargeback penalty, regulatory fine, or third-party claim arising from a refund demanded by a Donor, whether pursued through Gathr, the FCCPC, the Competition and Consumer Protection Tribunal, or a court of competent jurisdiction, save to the extent such loss is directly and solely caused by a verified technical error on the part of Gathr's own systems under Clause 2.2(a) above.

5.2 Recovery of refunded amounts from the Organiser

Where Gathr facilitates a refund to a Donor by debiting an Organiser's campaign balance, or, where that balance is insufficient, by exercising its set-off and recovery rights under Modules 4.4 and 4.6 of the Terms of Service, the Organiser remains liable for the full amount refunded, together with any associated processing penalties, and Gathr's rights to recover such amounts survive the closure of the campaign or the Organiser's account.

6.1 No personal liability of Gathr officers

No director, officer, employee, or agent of Gathr Technologies Limited shall bear personal liability to any Donor, Organiser, or Beneficiary for any refund decision, delay, or denial made in good faith in the course of their duties, in accordance with the separate legal personality of Gathr Technologies Limited as a company duly incorporated under the Companies and Allied Matters Act, 2020. Any claim relating to a refund shall be brought against Gathr Technologies Limited as a corporate entity and not against any individual director, officer, or employee acting within the scope of their employment or engagement.

6.2 Good faith discretion

Determinations made under this Policy, including determinations as to fraud, technical error, or the sufficiency of evidence supporting a refund request, are made at Gathr's reasonable discretion and in good faith based on the information available at the time. Such determinations do not constitute a warranty, representation, or finding of fact binding on Gathr in any subsequent proceeding, and Gathr reserves the right to revise a determination where new information comes to light.

7.1 Incorporation of Terms of Service limitations

The limitation of liability provisions set out in Module 6.3 of the Terms of Service, including the statutory liability ceiling, apply with equal force to any claim arising out of or in connection with this Refund Policy.

7.2 Escalation to the FCCPC

Nothing in this Policy prevents a Donor or Organiser from lodging a complaint with the Federal Competition and Consumer Protection Commission in accordance with Part XVII of the FCCPA, or from pursuing a claim before the Competition and Consumer Protection Tribunal. Gathr will cooperate with any such investigation to the extent required by law and not otherwise prohibited under Module 3.4 of the Terms of Service.

7.3 Dispute resolution

Any dispute concerning a refund that cannot be resolved through the procedure in Module 4 above shall be resolved in accordance with the Multi-Tiered Dispute Resolution Mechanism set out in Module 6.5 of the Terms of Service, including the carve-out for urgent injunctive relief.

Gathr reserves the right to amend this Refund Policy at any time in accordance with the unilateral amendment provisions set out in Module 1.4 of the Terms of Service. The version of this Policy in effect at the time of the relevant transaction shall govern that transaction, save to the extent a later, more consumer-favourable amendment is expressly stated to apply retrospectively.