This agreement governs the use of services delivered through or in conjunction with the Fundful P2P website, an online fundraising platform for non-profit organizations, herein referred to as the “Website”.
In this agreement, first person terms like “we”, “us”, and “our” refer to Softwood Technology Inc., a Canadian corporation which owns and operates the Website.
Any party that accesses, uses, or registers with the Website is referred to using terms in the second person like “you”, and “your”. You may sometimes be referred to as a “User”.
Your use of the Website constitutes your acceptance of this agreement, and you agree to be contractually bound by this agreement. If you do not wish to use the Website in accordance with this agreement, then you must stop using the Website.
We may change this agreement at any time by putting a revised version on the Website. When we change this agreement, we may notify you. We may do this by email to the email address that you registered on the Website, or by a notice posted on the Website. You may opt out of receiving such emails. You agree that this method of notice is sufficient and that you will regularly check for updates or changes.
Terminology: Fundraiser, Donor
The Website enables non-profit organizations to solicit donations. As a user of the Website, you may be a “Fundraiser”, representing, in a formal or informal way, an individual or organization who is raising funds. You may be a “Donor” who is using the Website to contribute funds to a particular Fundraiser.
You warrant that:
- You have the authority to enter into this agreement.
- You will use the Website only as it is obviously intended to be used.
- Your use of the Website does not violate any applicable law, regulation, or ordinance.
- Your use of the Website and any service provided through the Website does not infringe the rights of any third party.
- All information you provide to us and to the public through the Website, is accurate, truthful, and does not misrepresent you.
- You will respond promptly and truthfully to all questions posed by us or any Donor.
You are at least 13 years of age. If you are under 18 years of age, then you have the consent of your parent or legal guardian to use the Website and such parent or legal guardian also agrees to be bound by this agreement and to be responsible for your use of the Website.
Correct User Information
Your location that you specify on the Website must match your legal residence or location. If we are in doubt, we may verify your identity and other information provided on the Website. We may delay your use of the Website if we cannot verify any such information to our satisfaction.
Information that you submit on the Website must be accurate and truthful. You agree to notify us (firstname.lastname@example.org) immediately if your User account has been used without authorization or there has been any other breach of security.
You agree to provide additional information that we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
The Website is an online venue for organizations and individuals to raise and donate funds. Fundraising activities for a particular purpose are a “Campaign”.
Fundraisers are not permitted to raise funds for illegal activities, to cause harm to people or property, or to scam others. You must not create a Campaign that is just phony or promises to do the impossible. You must comply with all applicable laws and regulations in connection with your Campaigns and funds donated to them. You must not make any false or misleading statements in connection with Campaigns.
Bad Behaviour Forbidden
You must not include threatening, abusive, harassing, defamatory, libelous, obscene, or profane content in any Campaign, or content that is invasive of another’s privacy.
You must not impersonate anyone else, including us.
You must not infringe any intellectual property or other right of anyone else, or violate any applicable law.
The Website is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. You agree that you will not:
- use the Website to promote violence, degradation, subjugation, discrimination or hatred against any individual or group
- post material or links to material that is sexually explicit or promotes hurting or degrading of people or animals
- spam the comments sections or other Users with unsolicited or unauthorized offers, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages
- engage in any activity that interferes with the proper working of the Website or any activities conducted on the Website
- bypass any measures that we use to prevent or restrict access to the Website
- use manual or automated software, devices, or other processes to crawl or spider any part of the Website
- take any action that, in our sole discretion, imposes an unreasonable load on the Website’s infrastructure
- represent products or services of others as your own creation.
We may remove Campaigns and terminate User accounts for such activities.
We reserve the right to refuse use of the Website to anyone and to reject, cancel, interrupt, remove or suspend any Campaign or discontinue your account with the Website, for any or no reason, without notice to you.
If you are suspended from using the Website then you may not use it and may not use an alternative identity to resume or continue using it.
We reserve the right to suspend the Website, or any features or services provided by or through the Website, at any time for any reason without liability.
The Website contains distinctive graphics, text, logos, buttons, images, audio, software, and other elements that make it operate as it does. This content is owned, copyright, and trademarked by us.
The Website uses specific domain names, user names, corporate names, and other marks which identify it as ours.
You are strictly prohibited from using visual items or identifying marks that could seem confusingly similar to ours.
Ownership of the Website, Intellectual Property
The Website, its design and appearance, its features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.
You agree not to disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein. You also agree that you will not encourage a third party to do any of these things.
Third Party Content
The Website contains content that was created and posted by a Fundraiser, not by us. The Website also contains links to third party websites. We do not and cannot check the accuracy, correctness, quality, safety, morality or legality of information provided by Fundraisers or on third party websites. It is your responsibility to confirm the accuracy of any such information on which you may rely.
If you put content into the Website, you grant us a licence to use that content only to the extent required to operate the Website. You warrant both that you have the authority to grant such a licence, and also that your use of such content does not infringe the intellectual property of any third party.
Unless you have prior permission, you must not post or display content that belongs to someone else. If we find that your use of the Website has involved copyright violations, or alleged violations, we may, in our sole discretion, terminate your account.
We are committed to protecting the legal rights of all members of the public with whom we interact, including copyright holders.
We will work with copyright holders to make sure that infringing activity on the Website is kept to a minimum. It is not feasible for us to monitor the activity of every user of the Website. If someone using the Website has infringed a right that you hold, please let us know (email@example.com). We will work with you to resolve the issue.
You may offer a bonus, promise, or commitment to Donors (an “Offer”). Your Offer is a commitment to Donors. You are legally bound to perform on all such Offers.
If you fail to adequately fulfill an Offer, we may disable your Campaign or remove you from the Website. We may prevent you from starting a new Campaign without proof that you have satisfied your obligations from a prior Campaign.
If you cannot fulfill any commitment to Donors, including delivering any Offer, then you must work with the Donors to reach a mutually satisfactory resolution.
An Offer may not be any of the following:
- a security, participation in a profit sharing scheme, or a lottery
- weapons, ammunition, and related accessories
- items promoting hate, discrimination, personal injury, death, damage, or destruction to property
- items the possession or distribution of which is prohibited by applicable law
- items that, if distributed, would infringe another person’s rights
We make no representations about the quality, safety, morality or legality of any Offer. We do not represent that Fundraisers will deliver Offers or that donations will be used as described by Fundraisers.
You may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion”) on the Website without our prior written permission (which we may grant or not in our sole and absolute discretion). You may request permission by sending an email to firstname.lastname@example.org. Subject to and upon any such permission, you agree that:
- you are solely responsible for all facets of each such Promotion
- such Promotion does not require payment of any amount as the sole method of entry into such Promotion, and
- the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) we do not sponsor, endorse or administer the Promotion; (ii) each participant in the Promotion releases us from any and all liability; and (iii) all questions concerning the Promotion must be directed to you and not to us.
We are not obliged to become involved in disputes between any User and another User or a third party.
We are not obliged to become involved in disputes regarding the rightful owner of a Campaign, or to change a Fundraiser’s account.
You agree that we may provide a User’s contact information to another User so that they may resolve their dispute.
You may not directly or indirectly use an alternate identity or email address to self-fund or contribute to your own Campaign.
Comply With Law
You will comply with all applicable laws and regulations in the use of donations and delivery of Offers and Promotions. You must collect and remit any taxes on donations, and any taxes due in connection with Offers and Promotions.
Donors are solely responsible for determining how to treat, for tax purposes, their donations and any Offers received.
You use the Website at your own risk.
All donations are made voluntarily and at the sole discretion and risk of the Donor. Donors are solely responsible for asking questions and investigating Fundraisers to the extent they feel is necessary before making a donation.
We do not guarantee that donations will be used as promised, that Fundraisers will deliver Offers or Promotions, or that a Fundraiser will achieve its stated goals.
We do not endorse, or make any representations or warranties regarding the quality, safety, morality or legality of any Campaign, Offer, Promotion, or donation, or the truth or accuracy of content posted on the Website.
When requested, we will co-operate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Website.
We welcome comments and suggestions (“Submissions”) from our Users.
Your Submissions are non-confidential and non-proprietary and will be treated as such.
We and you have no express or implied obligation or liability of any kind concerning Submissions.
We and you are entitled to unrestricted use or disclosure of Submissions for any purpose whatsoever, all without compensation to you.
Donor Information Disclosed to Fundraisers
We provide the name and contact information of each Donor and information about each donation to an organization Fundraiser. An organization Fundraiser shall have the right to use such information only for the purposes of:
- fulfilling Offers or Promotions
- contacting a Donor to request information and feedback on the Campaign
- thanking a Donor
- providing appropriate tax documentation for the donation.
An organization Fundraiser shall take reasonable organizational, technical and administrative means to protect Donor information, and comply with all relevant privacy laws, and will install and maintain industry-standard security measures to protect this information from unauthorized use or disclosure.
Other Privacy Issues
In order for you to use the Website, you provide us with information that personally identifies you (“Personal Information”).
Except as otherwise provided, we will keep your Personal Information private and will not share it with other third parties unless such disclosure is necessary to: (i) comply with a court order or other legal process, (ii) to protect our rights or property, or (iii) to enforce this agreement. Please keep in mind that while we take reasonable precautions to safeguard your Personal Information no amount of protection can guarantee its security.
We use your Personal Information for the normal operation of Website, for example: to send newsletters and updates about the Website and to administer your account. We may also send marketing emails but, if you want to, you can unsubscribe from these.
Fundraisers with whom you associate yourself may send you emails, donation receipts, and other communications related to their activities. We have no control over emails sent by third parties.
Information you post on the Website is public and is available to other people. You should exercise caution when deciding to share information on public pages. We cannot control who accesses shared information or how other parties will use that information.
The Website is not targeted towards children. This agreement prohibits children under 13 years of age from using the Website. If your child has used the Website and submitted Personal Information, please contact us (email@example.com) and we will endeavor to remove that information from the Website and our database.
You can donate anonymously. If you do this, then your name will not be displayed on the Website.
The Website enables a Donor to give money to a Fundraiser. While the Website initiates and records the payment transaction, we do not handle the funds. This payment service is facilitated by WePay, a third-party payment processor.
In order for a Fundraiser to receive funds, the Fundraiser must register with WePay as a merchant.
We disclaim all warranties and conditions, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by law. This waiver includes, but is not limited to, all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein AS IS and WITH ALL FAULTS.
You hereby release us, our successors and assigns, our affiliates, and each of the foregoing’s respective directors, officers, employees, contractors, and agents (collectively, the “Releasees”) from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event or Campaign posted on the Website (including events and Campaigns you authorize your supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website.
Some jurisdictions have laws, like California Civil Code Section 1542, which restrict the effect of a general release and require a specific statement to opt out of that law. In such jurisdictions, you waive this section of the California Civil Code and any similar provision in law.
You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney’s fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of this agreement.
We may assume the exclusive defense and control of any matter for which Users have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.
Limitation of Liability
Neither we nor our officers, directors, employees and agents, are liable to you for special, consequential, indirect, punitive, exemplary or incidental damages (including lost revenues or profits, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, employees and agents, arising out of this agreement and your use of the Website (when aggregated with all other claims against us arising out of this agreement and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred Canadian Dollars or (ii) the net amount we have been paid from transaction fees arising from transactions you have made through the Website in the twelve months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this agreement, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. In only those jurisdictions not allowed, we do not disclaim any liability which it is not lawful to exclude.
Many governments impose laws to guide direct or indirect fund solicitation activities. These laws may include registration and reporting requirements. You are entirely responsible for compliance with all applicable law.
The Website is structured to support compliance with the laws of Canada. If you choose to use the Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in Canada.
Receipts for a Donor
If you donate to a Fundraiser, you understand that the Fundraiser, not us, determines the nature of any receipt you receive. Consult the Fundraiser and a qualified financial advisor prior to claiming a deduction on your taxes.
Documentation for a Fundraiser
Taxing authorities may classify funds raised on the Website as taxable income. We will provide Fundraisers with a tax document if required by the relevant taxing authorities.
We make no representations, warranties or other assertions as to the tax deductible status of any donation to a Fundraiser. The listing of a Fundraiser on the Website does not necessarily mean that the organization is a registered charitable organization.
Donors do not pay a fee to use the Website.
Fundraisers pay fees to use the Website. Fees are laid out at http://fundfulp2p.com/faqs/
The fees may change from time to time, and the new fees come into effect in accordance with their terms.
This is the entire agreement between you and us. This agreement supersedes any prior written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.
If any part of this agreement is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of this agreement unenforceable, invalid, or illegal. You and we agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents your and our intentions with respect to the invalid, illegal, or unenforceable provision.
You have neither the right nor the power to assign your rights under this agreement. Any purported assignment of your rights under these Terms will be null and void. We may assign our rights under this agreement without restriction or consent.
No Joint Venture
This agreement does not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
This agreement will be governed by and construed in accordance with the laws of the province of Ontario, Canada, as such laws are applied to agreements made between Ontario residents and performed entirely within Ontario, and without regard to conflict of laws principles.
You agree that disputes which may arise out of, or relate to, this agreement or your use of the Website will be resolved in the provincial and federal courts located in Toronto, Ontario, Canada. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
The Website shall be deemed to be passive in such a way that it does not give rise to personal jurisdiction over us.
Any delay to exercise a right or power granted under this agreement will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach.
All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may retain the User information after termination in accordance with regulatory, accounting, backup, and legal compliance procedures.
The headers in this agreement are for convenience. They should not be interpreted to modify the plain meaning of the provisions of this agreement.
The parties hereto confirm their express wish that this agreement (including the schedules hereto) as well as all notices, documents and agreements related hereto be drawn in the English language. Les parties aux présentes reconnaissent qu’il est de leur volonté expresse que la présente convention (y compris ses annexes) ainsi que tout avis, documents et ententes s’y rapportant soient rédigés en anglais.
Any matters relating to this agreement may be addressed by paper communication to this address:
Softwood Technology Inc.
100-2 Toronto St, suite 467
Toronto, ON, Canada
attention: Legal Department
This version of this document is effective on October 19, 2017. It has undergone the following changes since its first release:
2017-10-19 initial release