Thank you for taking your time to read these Terms carefully, which regulate your access to the Website PFM, its tools and services.
In order to use and access this Website, you need to accept these Terms first.
1 The Preamble
1.1 Overview of the Website
pleasefundme.ca is a crowdfunding platform allowing you to use a simple tool for online fundraising. PFM helps you collect multiple donations online (crowdfunding) in order to achieve your goals.
« Commission » refers to the compensation “fundraisers” are required to pay to the Website for using its services.
« fundraiser » refers to a Member who launches a fundraising campaign to raise Donations from the Donors.
« Donation » refers to the funds collected by the fundraiser from the Donors by the means of this Website.
« Donor » refers to a Member who gives a Donation through the Website.
« Personal Space » refers to the Membership account and space provided by the Website.
« Business Day » refers to all calendar days with an exception of Saturdays, Sundays, and other public holidays in accordance with the law applicable in Quebec, Canada.
« Member » refers to a User who registers on the Website. A Member can be both a fundraiser and a Donor at the same time.
« pleasefundme.ca » or « Website » or « PFM » refers to the site www.pleasefundme.ca (including the company which owns the Website itself) with the purpose of allowing the fundraisers to promote their fundraising and the Donors to submit their Donations to the Website in order to support one or more fundraising.
« Collection Period » refers to a time period in which the Donors can make their Donations by using a Campaign link in order to support a fundraising. The duration of this time period is determined by the fundraiser.
« User » refers to a person who visits the Website in order to examine the content and the information published there, prior to the registration process and without the Membership status.
3 The Purpose
4 Terms of access, registration on the Website, and termination of the account
4.1 Terms of access – accessibility of the Website
You are allowed to browse the Website with no need to register as a Member. However, in order to use some of the Website's features, you are required to register and create the Personal space.
The Website is accessible 24/7, with an exception of periods when the Website is temporarily inaccessible for the reasons of updates, repairs, and maintenance.
4.2 Registration on the Website
The User who wishes to register on the Website has to be a real person in legal terms and with the full legal capacity to accept contractual obligations.
By creating a Personal Space (Account), you as a Member are hereby to guarantee that all information provided by you for the purposes of the registration form is accurate and up-to-date. For more information on how we use the personal data obtained through this registration process, please use the « Security » tab which can be found on our Website.
Members are not allowed to provide access to their Personal Space to the third parties. They also have to protect the confidentiality of the passwords they use. The Personal Space (Account) created on the Website belongs only to the Member in question, who is responsible for its content and all the information that gets published on the Website through the Personal Space.
If a Member suspects that an authorized person is using his/her Account, then this activity is to be reported to the Website immediately.
4.3 Cancellation of the Membership status
The Website is authorized to suspend or cancel a Membership with no previous notice or warning, if a Member in question has violated these Terms in any way.
PFM is allowed to suspend or cancel a Membership, if the Website determines that the information provided during the registration process is inaccurate.
4.4 Termination of an Account
PFM reserves the right to terminate any Personal Space (Account) that has been inactive for the period of 2 (two) years, with no need to issue a previous notice.
5 Rules of conducts for Members
Every Member is obliged to:
It is your responsibility as a Member to make sure that you comply fully with all laws, regulations, and other legal obligations referring to you individually. A failure to do so is your sole responsibility.
6 Obligations of the fundraisers
6.1 Creation of the fundraising
A fundraiser should present his/her fundraising on the Website, which includes the following elements: the title of the fundraising Campaign, the Collection Period, the targeted amount to be raised, and his/her current residence.
Once the fundraising is created, its content can be edited by the fundraiser who promoted it, with an exception of the fundraising’s Campaign title that is to be changed only with the previous approval of PFM.
By promoting the fundraising on the Website, the fundraiser invites other people, especially the potential Donors, to establish a contractual relationship.
6.2 Obligations of the fundraiser
The fundraiser is solely responsible for the presentation of the fundraising and all content associated with it.
6.3 Online presentation of the fundraising
Once the fundraiser creates and confirms the fundraising, it is gets automatically published on the Website. PFM will send a confirmation email to the fundraiser afterward.
Once the fundraising becomes published online, PFM will conduct checks of the fundraising Campaign, including the right to:
If the fundraising has not been modified accordingly in the time period of thirty (30) days from the moment it is requested by PFM, then the fundraising Campaign will be deleted.
6.4 Receiving of Donations by the fundraiser
6.4.1 Donation requests by the fundraiser
In order to receive the Donations associated with its fundraising Campaign, the fundraiser is required to fill in all the forms provided by the Website, which include necessary personal and banking information. When requested by the fundraiser, but no more than one (1) time per week, PFM will transfer Donations associated with his fundraising Campaign in the following ways:
a) a) PFM will issue a detailed report, including all Donations amounts and its associated Commissions to the fundraiser regarding its fundraising Campaign in question;
b) PFM will transfer the Donations to the fundraiser received by the date of request, excluding all expenses and applicable taxes, which are calculated according to the following method: Donations – Bank transaction fees – [(Donations – Bank transaction fees) x Commission] – applicable taxes calculated only for the Commission amount.
The fundraiser has a time limit in which he can claim the Donations from PFM that are collected as a part of his fundraising Campaign. In effect, after two (2) years of the fundraiser’s Personal Space inactivity, PFM will consider the account as inactive and claim all Donations collected as a part of the fundraising Campaign created by using this Personal Space. By not using his Personal Space for two (2) years, the fundraiser renounces his right to claim the Donations that are collected as a part of the fundraising Campaign.
6.4.2 Receiving of Donations in the situation when the fundraiser is unable to claim them
In the eventuality that the fundraiser is unable to claim the Donations collected as a part of the fundraising Campaign, in the case of death or disability, the fundraiser's heirs, legatees or other duly authorized representatives, depending on the circumstances of the individual case, can claim these Donations on behalf on the fundraiser only if the claim is submitted within the period of 2 (two) years from the moment of the last recorded activity on the fundraiser's Personal Space (Account). The terms mentioned in the section 6.4.1. are to be treated as applicable in this eventuality.
6.5 Interests on Donations
It is hereby to be acknowledged that under any circumstances, the fundraiser cannot claim interests generated by PFM on Donations associated with his/her fundraising Campaign.
6.6 Use of the fundraising Campaigns by PFM
The fundraiser is hereby to accept that PFM can use the fundraising Campaign for the advertising purposes of the Website.
As soon as the fundraising Campaign becomes available on the Website, any User can have an access to it, until it is permanently removed by the fundraiser or PFM.
6.7 Fulfillment of the fundraising by the fundraiser
PFM recommends the Donors to make the Donations only to the people they know and trust. In addition, PFM cannot be held responsible if the Donations are not used for the purposes presented in the fundraising Campaign or if the fundraising itself is not accomplished; only the fundraiser can be held accountable in these situations.
6.8 Accomplishment of the fundraising Campaign
The fundraising Campaign is treated as accomplished when it is deactivated by its fundraiser or PFM. After the deactivation, the fundraising Campaign can still be accessible to all Users, with an exception when it has been removed by the fundraising Creator or PFM.
7 Conditions applicable for Donors
The Donors are free to choose which sum they want to give to a particular fundraising when making a Donation.
To be eligible to make a Donation, a Donor has to become a Member first.
When making a Donation, the Donor is to be identified to the fundraiser, so the fundraiser acknowledges the person who gave the donation. However, it is also possible to give anonymous Donations.
By making Donations, all Donors hereby accepts the offer made by the fundraiser and enter into a contractual relationship with him/her.
7.2 Commitment of the Donors
The Donors acknowledge hereby that the source of funds used for the Donations is not illegal. They oblige hereby not to use the Website for the illegal activities and especially for the purposes of money laundering.
7.3 The absence of the Contractual Relationship
Under no circumstances, the Donations themselves cannot create a contractual relationship between a Donor and the Website. PFM is only an intermediary between a fundraiser and a Donor within a fundraising Campaign.
8 Conditions applicable for collection and monitoring of the Donations
8.1 Donation payment modalities
Donations can be made by using a credit card, PayPal, Interac, and a check. These online payment options are not part of the official offer of the Website, and under no circumstances, PFM can be held responsible for the proper functioning of these payment services, including the fees associated with the use of these payment services.
8.2 Donations monitoring
The fundraiser will receive the following information about every fundraising:
The Donors will also receive information about the progress of the supported fundraising, including all new fundraisings that the fundraiser they already support launches in the meantime.
8.3 Cancellation of the Donation
A Donation cannot be canceled. As soon as it is confirmed by the Donor on the Website, the Donation is final and the Donor will not be able to revoke it.
In an eventuality that a fundraising Campaign associated with an active Personal Space is canceled or deleted by PFM as a result of these Terms violation, PFM will return the Donations to the Donors that are still not claimed by the fundraiser, if any of them is still available. Donors cannot claim the Donations in cases where the Personal Space of the fundraiser is inactive for two (2) years or more.
Realization of the fundraising is the sole responsibility of the fundraiser. PFM cannot guarantee that the fundraising will be realized by its fundraiser and provides no refunds of Donations.
8.4 Suspension of Collection in the event of death
In the event of the fundraiser’s death during the Collection Period or its extension, but before the deactivation of the fundraising, PFM is authorized to suspend the ongoing collection and deactivate it.
The successors of the fundraiser can request from PFM to reactivate the fundraising Campaign.
If the successor decides not to reactivate the fundraising Campaign or after six (6) months of suspension, the fundraising is treated as canceled and the Donations that are still not delivered to the fundraiser or the successor will be refunded to the Donors, unless otherwise determined by PFM.
9.1 Free Services
Registering as a Member on PFM is a free service. The Users are granted with the free access to the directory of fundraisings.
Donors do not pay a Commission to the Website.
9.2 Donation Commissions
The fundraiser pays a Commission for Donations he/she receives.
The fundraiser is responsible for any applicable taxes.
9.3 Fee payment modalities
The Commission and the bank fees are deducted automatically from the Donations that are being collected by the fundraiser during the collection period on his Personal Space, as it has been regulated by the section 6.4.
10 Intellectual property rights
All materials published or otherwise available on the Website are protected by Canadian and international copyrights and other relevant intellectual property rights and laws. These materials are the ownership of the Website, which also controls them.
Any kind of partial or complete reproduction of the Website is strictly prohibited.
Users or Members are not allowed change, adapt, copy, distribute, transmit, broadcast, represent, reproduce, publish, license, decompile, disassemble, transfer or sell any information, software, product or service obtained from the Website, or create works derived from one or more of above.
Any publication, reproduction, or transfer of a part or the entire work of the third party without the previous consent is treated as a violation of this third party rights, and the User or the Member is solely responsible for these violations.
By accepting these Terms of Services, Users and Members acknowledge hereby that they are not infringing the rights of the author, trademark or any other intellectual property right of the third party.
11 Liability limitations
PFM uses all means necessary to ensure the quality of access to its services, but it cannot guarantee that the Website is available all the time, without interruptions or errors, nor that the Website itself or the servers that allow proper functioning of the Website are error free.
A User or a Member cannot claim a compensation for an interruption, suspension of service or any modification of the Website.
The Website, its parent companies or subsidiaries and affiliates cannot be held responsible under any circumstances for the damages, including compensatory, incidental or consequential damages, direct or indirect, or any other damages regardless of their nature, which may be caused to the Users or any other person virtual or physical by any technical or technological equipment either on the Website or by a human or technical error that may occur, the problem or technical malfunction of the electronic network or communication network, online systems, servers, computer equipment, software, data transmission, or any other technical problem or congestion of the Website or other.
pleasefundme.ca declines any responsibility for the content and information submitted by the Members.
12 No warranty
The Website provides no guarantees or quality assurances of merchandise and the information acquired from the Website cannot be associated with any kind of warranty.
The words with plural include the singular and vice versa.
13.2 The governing law
13.3 Invalidity of a clause
In the eventuality that any of these clauses is canceled or proved to be invalid, the remaining clauses will be treated as valid and fully obligatory.
13.4 The provisional titles
The titles of the foregoing provisions are inserted for the referencing purposes only, and cannot affect the constitution or the interpretation of the available dispositions.
13.5 No waiver
The fact that the Website fails to perform to the full extent of the functionality cannot be used a ground for a waiver of any kind.
The Website reserves the right to modify these Terms at any moment at its sole discretion through updates of the Website’s pages with no notice.
Any question related to these Terms or the functioning of the Website, the User can submit by using the « Contact Us » section of the Website.
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