2. The Service Provider
The Service Provider is a not-for-profit corporation incorporated under the laws of Canada with its registered office located at: c/o 400, 10357-109 Street, Edmonton, AB T5J 1N3. The purpose of the Service Provider in creating the Website and offering the Services is to facilitate access to justice by the Canadian public. The Service Provider is not a registered charity and does not issue official donation receipts for tax purposes. Any such receipts, if available, should be requested directly from the Campaign Creator and the Campaigning Entity, if the Campaigning Entity is a registered charity with the applicable taxing authorities. The Service Provider will make reasonable efforts to facilitate the provision of such receipts by a Campaigning Entity. Notwithstanding the foregoing, You agree that the Service Provider will have no liability in connection with the failure of the Campaign Creator or the Campaigning Entity to provide You with an official donation receipt for tax purposes.
3. Description of the Services
The services (“Services”) consist of: (1) the provision of a crowd funding platform to Campaign Creators to raise funds for Public Interest Litigation (as the term is defined below); and (2) the registration, posting on and promotion through the Website of the Public Interest Litigation (with each such registration, posting and promotion being a “Campaign”). As part of the Services, the Website allows You to post in the Website and email any photographs, images, artwork, graphics, audio and video recordings, writings, documents, data, text, software, scripts and any other material or information (the “Submissions”) in Your efforts to promote Your Campaign. Submissions include comments made or emails sent by Supporters of Your Campaign which have been posted in the Website.
Public interest litigation means any matter that: (1) has been submitted for dispute resolution by a Canadian court of law, Canadian administrative tribunal, or other Canadian adjucative body; and (2) involves advocating for the poor, the marginalized, under-represented or vulnerable individuals, or seeks effecting change in social or government policy, including, for example, matters relating to the protection of the environment, women’s rights, equality, freedom of conscience and religion, consumer rights etc. (“Public Interest Litigation”)
4. Use of the Services
The Services are provided solely to: (1) assist You in raising funds to support Your Campaign; (2) assist You in promoting Your Campaign; or (3) assist You in making a money contribution to a Campaigning Entity’s Public Interest Litigation (each a “Permitted Use”).
5. Campaign Rules
These rules apply to all Campaigns and proposed Campaigns, and if You are a Campaign Creator or Campaigning Entity, in addition to Your obligations stated elsewhere in this Agreement, You agree to the following:
- You will create a Campaign profile and post a funding request. The funding request sets out the Your Campaign dollar value fundraising goal and the date by which the Campaign will end. Any particular Campaign can remain on the Website for a period not exceeding 90 days. You may post more than one Campaign for the same Public Interest Litigation, subject to approval by the Service Provider.
- By registering an account, You expressly consent to the Service Provider contacting You via email with respect to Your account and any other matters related to the Website or the Services.
- You will designate the Campaigning Entity that will receive the funds. The Campaigning Entity must be a legal person, not an individual. By providing the name of the Campaigning Entity You represent and warrant that You are the authorized representative of the Campaigning Entity and that You are entering into this Agreement on its behalf.
- You will state the stage at which Your Public Interest Litigation currently is (i.e.: statement of claim filed, defence filed, discovery, trial, appeal etc.)
- The Campaigning Entity will have a funding account with a payment processor designated by the Service Provider to receive money contributions from Supporters.
- Your funding account with a payment processor, that is, the account that will receive funds raised through the Website, will be governed by Your agreement with the payment processor and the Service Provider will have no liability in respect of payment processor’s services, Your agreement with the payment processor or the funds deposited in such account.
- All money contributions made to a Campaign will be directed to the Campaigning Entity’s account with the payment processor minus a 4.5% processing fee retained by the Service Provider and any other fees charged by the payment processor pursuant to its agreement with the Campaigning Entity.
- The Service Provider is not responsible for any errors or omissions in respect of the funding account information that You have provided.
- At the end date of Your Campaign, the Service Provider will no longer accept money contributions from Supporters to Your Campaign.
- You will not offer monetary rewards or any other type of interest in the proceeds of Your Public Interest Litigation.
- You may offer gifts of low dollar value such as t-shirts, buttons, pins, pencils, pens, and badges to Supporters in the promotion of Your Campaign, provided that offering such gifts is not forbidden by the laws of the jurisdiction where You are located.
- You are solely responsible for the payment of all taxes and for compliance with all applicable laws in connection with Your fundraising efforts.
- You are solely responsible for all Submissions made by You in Our Website.
- If You receive funds that exceed Your fundraising goal, if You settle or stay Your Public Interest Litigation, or if You do not require all the funds that have been raised to continue Your Public Interest Litigation, You will direct those funds to another Campaign, of Your choosing, within the Service Provider’s Website.
- The Service Provider reserves the right to but is not obliged to verify the Campaign Creator’s and the Campaigning Entity’s identity, the accuracy of Your representations in connection with the Your Campaign, the proposed use the funds, and the timeline of the Public Interest Litigation prior to the payment of any funds. Such verification may involve interviews with the Campaign Creator, the principals of the Campaigning Entity, and a review of the Public Interest Litigation filings. You agree that if at any time during the Campaign and until 30 days after its closure, the Service Provider makes a good faith determination that You have misrepresented Your identity, the proposed use of the funds or the timeline of the Public Interest Litigation, You agree to promptly refund all money contributions to Your Campaign to Your Supporters.
- You will only use personal information, including personal information from Supporters, provided to You through the Website solely for the purpose of issuing official donation tax receipts or the gifts mentioned in Section 5(11) above. Any other use (including the sending of emails, newsletters or secondary marketing) on Your part of such personal information is hereby expressly prohibited, unless consent from each Supporter to use the personal information for other purposes is obtained in accordance with applicable law. You agree that the Service Provider will not have any liability in connection with Your use or misuse of the Supporter’s personal information.
- The Service Provider may change these rules at any time upon notice to You and that Your sole remedy, in case You do not agree with such changes, is to end Your Campaign and immediately return the money contributions that You received to all of Your Supporters.
- Approval of the posting of any Campaign is subject to the sole discretion of the Service Provider and You agree that You have no claim against the Service Provider for rejection of Your proposed Campaign.
- You are solely responsible for Your interactions with the Website Users.
6. Contributing to a Campaign
If You are a Supporter of a Campaign, You agree to the following:
- You may contribute to a Campaign any amount and as many times as You like. You may also contribute to one or more Campaigns in Your sole discretion.
- It is solely Your choice to contribute to a Campaign. You understand that making a money contribution to a Campaign does not give You any rights in or to that Campaign, including without limitation any ownership, control, or other rights, and that the Campaigning Entity is free to solicit other funding for the Campaign, enter into settlements or agreements in relation to the Public Interest Litigation, and otherwise direct the Public Interest Litigation in its sole discretion.
- If You decide to register an account, You expressly consent to the Service Provider contacting You via email with respect to Your account and any other matters related to the Website or the Services.
- Neither the Service Provider nor the Campaign Creator guarantees that any Public Interest Litigation will be successful.
- Any gifts offered to You are between You and the Campaign Creator only, and the Service Provider does not guarantee that such gifts will be delivered or will be satisfactory to You.
- The Service Provider will have no liability with respect to the use or misuse of the money contributions that You made.
- The Service Provider has no obligation to oversee, or to ensure that, the money contributions are properly applied by the Campaign Creators or the Campaigning Entities to the purposes set out in each Campaign.
- As between You and the Service Provider only, money contributions to the Campaigns are non-refundable, notwithstanding Section 5(15) “Campaign Rules”.
- All Your money contributions are between You, the Campaign Creator or the Campaigning Entity and the payment processor.
- If You decide to share Your personal information with the Campaign Creator or the Campaigning Entity, You hereby release the Service Provider from any claim or liability in connection with the use or misuse of Your personal information by the Campaign Creator or the Campaigning Entity.
- You are solely responsible for Your Submissions in the Website.
- Your money contribution does not violate any laws, including laws with respect to money laundering.
- The Service Provider may, but is not obligated to, attempt to amicably mediate Your disputes with any Campaign Creator or Campaigning Entity. The Service Provider is not liable to You with respect to actions or omissions of any Campaign Creator or Campaigning Entity.
- You hereby release the Service Provider from any claim or liability in connection with mistakes or omissions in the processing of the payments or refunds of such money contributions.
8. Use of Widgets
9. License Grants
10. Users’ Submissions and Campaigns
The Service Provider takes no responsibility and assumes no liability for any Campaign or Submission posted or submitted by You. The Service Provider has no obligation to post Your Campaign or Submissions and reserves the right, in its absolute discretion to determine which Campaigns or Submissions are posted and published on the Website. If You do not agree to these terms, do not provide us with Your Campaign and Submission.
You are fully responsible for Your Campaign and Submission, specifically including, but not limited to, anything posted in the Website or emailed through the Website in connection with Your Campaign or forum discussion. You will not post, email or otherwise transmit to or from the Website: (1) any unlawful, offensive, threatening, harmful, hateful, libelous, defamatory, obscene, pornographic, or other material or Submission that would violate rights of publicity or privacy, or that would violate any law; (2) any material that creates risk of loss of or damage to tangible or intangible property; (3) any material that creates risk to the health, bodily integrity or life of any person; (4) any commercial material (including advertising or marketing of any good or services); or (5) any Submission that infringes, misappropriates or violates any copyright, trade-mark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of Your Campaign or Submission to the Website. You acknowledge that the Service Provider may exercise its rights in respect of any Campaign or Submission without any notice to You.
The Service Provider expressly reserves all rights in the Website, the Services and all materials provided by the Service Provider in connection with the Website and the Services that are not specifically granted to You. Except for Your Submissions, You acknowledge that all rights, title and interest in the Website, the Services and all materials provided by the Service Provider in connection with the Website, the Services, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with the Service Provider (or third party suppliers, if applicable), and that access to the Website, the Services, and all materials provided by the Service Provider hereunder are licensed and not “sold” to You.
All contents of the Service Provider’s Website are: © 2015 JusticeFundr.ca.
13. No Unlawful or Prohibited Use
You will not, without the Service Provider’s prior written permission, use the Website and the Services for purposes other than the Permitted Uses. Without limiting the generality of the foregoing, You will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Website or the Services or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Website or the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (4) take any action that imposes, or may impose, in the Service Provider’s discretion, an unreasonable or disproportionately large load on the Website; (5) deep-link to any portion of the Website for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Website or the Services; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Website, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Website; (8) use the Website or the Services as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by the Service Provider and only in the exact manner specified and enabled by us; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Website; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Website or the Services; (11) create derivative works based on the Website or the Services, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Website or the Services; (12) use or access the Website in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; (13) upload to or transmit through the Website any information, images, text, data, media or other content that is unlawful, offensive, threatening, harmful, hateful, libelous, defamatory, obscene, pornographic or violates any laws, in each case as determined by the Service Provider in its sole discretion; (14) upload to or transmit through the Website any material that creates risk of loss of or damage to tangible or intangible property, as determined by the Service Provider in its sole discretion; or (15) upload to or transmit through the Website any material that creates risk to the health, bodily integrity or life of any person, as determined by the Service Provider in its sole discretion.
14. Third Party Websites
The Website may provide links to third party websites. The Service Provider does not endorse the information contained on those websites (or the information the Service Provider obtains on Your behalf from those websites) or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The contents in any linked website are not under the Service Provider’s control, and if You choose to access any such website, You do so entirely at Your own risk.
The downloading and viewing of any of the Website’s contents is done at Your own risk. The Service Provider cannot and does not guarantee or warrant that the Website or the Services are compatible with Your computer system or that the Website or the Services, or any links from the Website, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of Your computer system, and You are responsible for the entire cost of any service, repairs or connections of and to Your computer system that may be necessary as a result of Your use of the Website.
16. Communications Not Confidential
The Service Provider does not guarantee the confidentiality of any communications made by You through the Website, including communications between the Campaign Creators and the Supporters. Although the Service Provider generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Website, You understand, agree and acknowledge that the Service Provider cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with Your use of the Website.
17. DISCLAIMER AND LIMITATION OF LIABILITY
THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. THE SERVICE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE SERVICES. THE WEBSITE OR THE SERVICES MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. THE SERVICE PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE OR THE SERVICES. IN ADDITION, THE SERVICE PROVIDER EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS OR INACCURACIES ON THE WEBSITE OR THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR THAT THE WEBSITE OR THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL THE SERVICE PROVIDER BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT THE SERVICE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE SERVICES.
CAMPAIGN CREATORS OR CAMPAIGNING ENTITIES PROMOTING THEIR PUBLIC INTEREST LITIGATION THROUGH THE WEBSITE ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF THE SERVICE PROVIDER.
THE SERVICE PROVIDER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USER OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE SERVICE PROVIDER TAKES NO RESPONSIBILITY WHATSOEVER FOR ANY PUBLIC INTEREST LITIGATION, SUBMISSIONS OR CAMPAIGNS.
THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE USER AND THE SERVICE PROVIDER AGREE THAT THE LIMITATIONS OF LIABILITY SET OUT ABOVE APPLY TO THE BENEFIT OF THE SERVICE PROVIDER’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.
19. Geographic Application of the Website
Not all of the Services are, or the Website is, available in all jurisdictions. Furthermore, nothing on the Website constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
20. Governing Law and Jurisdiction
Except as restricted by applicable law, You hereby consent to the exclusive jurisdiction and venue of courts in Edmonton, Alberta to resolve any disputes arising out of or relating to the use of the Website or the Services.
21. Entire Agreement, Waiver and Severability