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Application - Page 1

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Full legal name AND common name of Organization

Mailing address including department and postal code.

Contact person associated with this application.

Contact person's contact number including extension

Website address of Organization

CEO or the Title and Name of one of similar responsibility.

Director or Title and Name of one of similar responsibility.

example: 874XXXXX8RR0001

A description of the current focus or mission of the organization

Application - Page 2

Legal definition of proper use of our Privately Developed Web-based Application developed solely and exclusively for Non-profit registered Charities to raise support.

Terms of Service - please read carefully. 

 

Donate Your Change – Canada
Generalized Terms and Conditions : Application to become a Listed Charity

Last updated November 3, 2017 (v1.0)

These generalized terms provide a summary of the terms and conditions that govern your application to become a listed Charity on the Donate Your Change Canada (“DYCC”) platform.  Also included are terms regarding the use of our micro-giving (“round-up”) tools, use of tutorials and documentation, as well as marketing materials provided by DYCC (collectively, “Services” and “Content Files”).  In addition, included within are the terms and conditions regarding services provided, fees, indemnity and legal.

By submitting an application, you are agreeing to these terms. If you have entered into another agreement with us concerning specific Services, then the terms of that agreement controls where it conflicts with these terms.

  1. How this Agreement Works.


1.1 Choice of Law – if you reside in Canada the Services are governed by the law of the province of Alberta, Canada.  If you reside in the United States, the Services are governed by the law of the state of Kansas, U.S.A.   We do not seek to limit those rights to the extent prohibited by law.  At present we are unable to accept applications from jurisdictions outside of Canada or the United States.

1.2 Eligibility. You may only use the Services upon a) approval by Donate Your Change (developer of the Services, and trademark holder, based in the United States at its sole discretion and without explanation,  b) confirmation of valid charitable status, c) receipt of initial set up fee (defined below), d) applicant is a validly organized charity in good standing within the jurisdictions in which they operate, and e) signatory of the application is allowed by law to enter into a binding contract.

1.3 Privacy. The privacy policy of DYC  governs any personal information you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy.  To receive the Privacy Policy in full, please contact DYCC at info@donateyourchange.ca

1.4 Availability. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

1.5 Additional Terms. Some Services are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.

1.6 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software.

1.7 Modification. We may modify, update, or discontinue the Services (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to alert your donors.  If we discontinue a Service in its entirety, then we will provide you with an extended period to adapt and alert your donors.

  1. Use of Service.


2.1 Access to Services : Subject to your compliance with these terms and the law, you may access and use the Services.

2.2 Donate Your Change Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services. We reserve all rights not granted under these terms.

2.3 Content Files. “Content Files” means DYCC provided sample files such as stock images, video tutorials, marketing materials, user documentation and donor engagement material.  Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not claim any trademark rights in the Content Files or derivative works of the Content Files.

  1. Your Content.


3.1 Our Access. We will not access, view, or listen to any of your content, except as reasonably necessary to perform the Services. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) responding to support requests; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (c) enforcing these terms.

(b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. It’s your responsibility to let other users know how your content may be shared.

3.2 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, use, import, reproduce, publicly display, and distribute, the Feedback.

  1. User Conduct.


5.1 Responsible Use. The DYCC Services often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.

5.2 Misuse. You must not misuse the Services or Content Files that we provide to you as part of the Services. For example, you must not:

(a) copy, modify, host, stream, sublicense, or resell the Services, or Content Files;

(b) enable or allow others to use the Services or Content Files using your account information;

(c) use the Content Files included in the Services to construct any kind of database;

(d) access or attempt to access the Services by any means other than the interface we provided or authorized;

(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;

(f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);

(g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(h) attempt to disable, impair, or destroy the Services;

(i) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),

(j) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;

(k) place advertisement of any products or services in the Services;

(m) use any data mining or similar data gathering and extraction methods in connection with the Services; or

(n) violate applicable law.

 

  1. Fees and Payment.


6.1 Fees. You agree to pay to DYCC a total fee of twelve and one half percent (12.5%) of the gross total of the donations which are made through the Services.  These fees will be automatically deducted from electronic transfers that are made at the end of each month from DYCC to you.   Any third-party fee you incur in the use of and marketing of the Services  (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges) are your responsibility. DYCC is not responsible for these fees.   Fees are subject to change, with 60 days advance written notice.

 

6.2 Banking Information.  You are authorizing DYCC to use, for the purpose of delivering the Services, the banking information that you provide at the time of your application.  If you do not notify us of updates to your banking information, then DYCC is not responsible for any interruption to your use of the Services.  When you submit amended banking information to DYCC, you authorize us to use this information in the normal course of delivering the Services.

  1. Indemnification


7.1 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your application, or use of the Services or Content Files, or your violation of these terms.

  1. Disclaimers of Warranties.


8.1 Unless stated in the Additional Terms, the Services and Content Files are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of will be effective, or reliable; (c) the quality of the Services will meet your expectations; or that (d) any errors or defects in the Services will be corrected.

8.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Content Files. You may use and access the Services or Content Files at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Services or Content Files.

  1. Limitation of Liability.


9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y)based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Content Files. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.

 

 

9.2 Our total liability in any matter arising out of or related to these terms is limited to CDN $475 or the aggregate amount that you paid for access to the Service during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.

 

  1. Termination.


10.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

10.2 Termination by DYCC. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 60 days prior to termination via the email address you provide to us with instructions on how to notify your donors. Unless stated in Additional Terms, we may at any time terminate these terms (and your access to Services or Content Files) with you if:

(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);

(b) you fail to make the timely payment of fees for the Services, if any;

(c) we are required to do so by law (for example, where the provision of the Services to you is,
or becomes, unlawful);

(d) we elect to discontinue the Services, in whole or in part, (such as if it becomes impractical for
us to continue offering Services in your region due to change of law or economic reality);

(e) your charitable status is suspended or revoked; or

(f) the scope and purpose of your charity/organization changes in a manner which no longer meets the criteria for approval for use of the Services, at the sole discretion of Donate Your Change (USA)

 

10.3 Survival. Upon expiration or termination of these terms your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Services may cease to operate without prior notice.

 

  1. Investigations.


11.1 Disclosure. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

  1. Export Control Laws.


The Services, Content Files, and your use of the Services, and Content Files, are subject to U.S. and Canadian law, restrictions, and regulations that may govern the import, export, and use of the Services, and Content Files. You agree to comply with all the laws, restrictions, and regulations.

  1. Dispute Resolution.


13.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or DYCC must resolve any claims relating to these terms, the Services or the Content Files through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.

13.2 Rules. There will be one arbitrator that you and DYCC both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.

13.3 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

13.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content files in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

  1. Modification.


We may modify these terms or any additional terms that apply to the Services, for example, to reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on our home page (www.donateyourchange.ca).   By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms.

  1. Miscellaneous.


16.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.

 

 

16.2 Notice to Donate Your Change Canada. You may send the notices to us at the following email info@donateyourchange.ca

16.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.

16.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.

16.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

16.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

16.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.

 

  1. Intellectual Property


We respect the Intellectual Property Rights of others and we expect our users to do the same. The Client shall be entitled to use all Intellectual Property Rights of DYCC only to the extent necessary for the purposes of using the Services or Content Files. Upon expiry or termination of this Agreement for any reason, the Client’s right to use such intellectual property rights shall terminate immediately.

 

 

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