I. SCOPE AND APPLICABILITY
1. Buyformee is committed to ensuring that it maintains ethical business practices, complies with applicable law and its crowdfunding platform is not used for funding illegal activities. To achieve this objective we have prepared this Anti-Money Laundering Policy (“AML Policy”) and request you to carefully read and follow the policy. This policy is in addition to your obligations under applicable laws on the prevention of money laundering and does not detract in any manner from those obligations.
2. To ensure that we are not involved in any transactions that are known or suspected to be means of laundering money if any suspicious activity is noticed, users of the Buyformee platform are urged to promptly contact government authorities to facilitate any action that may be needed.
3. This money laundering policy applies to all persons using and accessing Buyformee’s platform. This includes all donors, contributors, campaigners, and persons visiting our platform. All these persons are collectively referred to as “Users” or “users”.
II. WHAT CONSTITUTES MONEY LAUNDERING AND SUSPICIOUS
1. “Money laundering” is largely understood to mean any act or attempt (directly or indirectly and even by association in one step of a series of transactions) to conceal or disguise the origin and ownership of proceeds obtained illegally, such that it appears to have originated from legitimate sources; thus avoiding prosecution, conviction and confiscation of such proceeds. Terrorist organisations, tax evaders, smugglers, persons involved in bribery or any persons that receive money for illegal activities and/or through illegal means may launder money.
2. Recognising transactions involving money laundering requires awareness of possible suspicious activity, which may arise at any time. Below is an indicative list of actions that persons associated with Buyformee should be careful of. This list is not exhaustive, as every circumstance is not foreseeable. However, regardless of appearing together or individually, please be aware of the following situations that may be indications of money laundering activity:
(i) Users that are reluctant to provide complete information, or those that provide incomplete, false or suspicious information and/ or are unwilling to comply with Buyformee’s identification requirements;
(ii) Any person, including a Buyformee employee, that is concerned about or seeks to avoid any reporting requirements or refuses to maintain required records;
(iii) Donations of large amounts that appear to be out of place or inconsistent with normal donation patterns, in the absence of any legitimate requirement for such donation;
(iv) Requests for payments to be made in unrelated countries or to third parties;
(v) Multiple partial payments from various parties on behalf of a single user and/or multiple partial payments from various locations;
(vi) Users making payments in one form, then requesting refunds in other forms (for example, making payments by credit card, but requesting refunds in cash or by wire transfers);
(vii) On-boarding of users by Buyformee employees based on incomplete information or in contravention of Buyformee’s policies;
(viii) Acceptance of incentives by a Buyformee employee for breaching Buyformee’s policies;
III. STEPS TO ENSURE COMPLIANCE
1. Compliance with Applicable Law: Users must, at all times, ensure that they access and/ or utilise Buyformee’s platform in compliance with all applicable laws. Users contributing or donating to campaigns should also ensure that no funds used to contribute or donate to a campaign originate from any unlawful activity. Similarly, users collecting funds for a campaign must ensure that they are not used for any illegal purpose.
2. Reporting Suspicious Activity: Users must, and without delay, report to relevant government authorities any suspicious activity or red flag a suspicious campaign that they might come across while accessing or using Buyformee’s platform. Flagged campaigns are manually checked by Buyformee security department and action is taken as required.
IV. ACTION BY BUYFORMEE
Upon receiving knowledge of suspicious transactions or any breach of applicable law or this policy, Buyformee may take one or more of the following steps:
1. Probe into the incident;
2.Report the incident directly to the appropriate government authority;
3.Suspend or delete a campaign;
4.Suspend or delete the user account(s);
5.Other steps/actions that Buyformee may deem appropriate.
V. CONSEQUENCES OF AML POLICY VIOLATIONS
Users agree that irreparable damage would occur to Buyformee if any of the provisions of this AML Policy are not complied with. Accordingly, users agree that Buyformee is entitled to claim damages from users for violating this AML Policy in addition to any other remedy to which they are entitled at law or in equity.
VI. NO LIABILITY
To the extent permitted under applicable law, Buyformee shall have no liability in respect of any illegal transactions that take place on its platform. Buyformee shall also not be liable for any consequences (monetary or otherwise) suffered by the stakeholders of a campaign or other users if it takes action (in its sole discretion) pursuant to this policy and applicable law.
VII. COMPLIANCE AND CO-OPERATION
This policy must be complied with by the user in addition to the local laws applicable to the users in their home jurisdictions. Users agree that upon being requested by Buyformee or its legal counsel or any government authorities they shall fully cooperate with them in any formal or informal inquiry, investigation or other proceedings. In this regard, users agree that they will promptly provide all information or documents they may possess relevant to the inquiry, investigation or legal action or proceeding without any demur and at their own costs.
VIII. MAINTENANCE AND DISCLOSURE OF RECORDS
To help us comply with applicable law we obtain and record information that identifies users on our platform. This means we must ask you for certain identifying information. Buyformee hereby reserves the right to maintain records confirming the identity of its users and the transactions undertaken by them for as long as may be required under applicable law. Buyformee also reserves the right to disclose this information to government authorities in case of any inquiry, investigation or other proceedings initiated by them.
IX. GOOD FAITH
No policy, law or code of conduct can foresee every situation, and Buyformee relies on the good faith of its users to promptly report any concerns or ‘red flags’ envisaged by this AML Policy to government authorities. Buyformee presumes that all information (including documents relating to the identity of its users) is true and accurate and the users represent the same to Buyformee by virtue of using the services of Buyformee.
Buyformee reserves the right to modify and amend this AML Policy at any time. Buyformee will not be liable to any users or third parties for any modification or amendment. Users are recommended to review the AML Policy from time to time, for the most up-to-date version. In the event of modification or amendment to the AML Policy, continued use of the Buyformee platform, after notice of material changes, will constitute acceptance of the modified or amended terms. If the modifications or amendments to the AML Policy are not acceptable by any registered users, the only remedy would be to cease usage of the Buyformee platform, by deleting the relevant account or writing to us at email@example.com
XI. GOVERNING LAW
Any dispute or claim relating in any way to this AML Policy is subject to the exclusive jurisdiction of the courts in the United States of America. Laws prevailing in the USA, without regard to principles of conflict of laws, will govern this AML Policy and any dispute related to/arising from this AML Policy, between Buyformee and the concerned user.
This AML Policy will survive the termination of Buyformee’s relationship with the concerned user.
Should you have any queries or require any assistance in relation to this policy, please write to us at firstname.lastname@example.org.