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.
Users may browsethe website www.pleasefundme.ca(hereinafter the "Website") without the need to create an account. Amember refers to any user who creates a user account. The term "User"in this Policy is intended for both users and members.
Theconfidentiality of User information is important to PLEASEFUNDME INC.(hereinafter "PLEASEFUNDME") and it makes every effort to preserve itand to protect any information that they may decide to communicate to it.
The collection ofinformation is done solely within the framework of the activities ofPLEASEFUNDME and for the sole purpose of responding to User requests incompliance with the Personal Information Protection and Electronic DocumentsAct (hereinafter the "Federal Law") and the Act Respecting TheProtection Of Personal Information In The Private Sector (hereinafter the"Provincial Act").
(Hereinaftercollectively referred to as the "Law")
This PrivacyPolicy (hereinafter the "Policy") describes how PLEASEFUNDMEcollects, uses, stocks and, where applicable, discloses and transfers personalinformation (hereinafter "Personal Information") when the Useraccesses the Website. Is a Personal Information any information which relatesto a natural person and allows that person to be identified (article 2 of theProvincial Law).
The User isrequested to read this Policy carefully and not to hesitate to sendPLEASEFUNDME any question about its content. This Policy takes effect from thedate mentioned above. PLEASEFUNDME reserves the right to modify the Policywithout notice. It is therefore the responsibility of the User to read thePolicy regularly, and this, carefully. The use of the Services after thepublication of the modifications made to this Policy will be deemed acceptanceof the user's modifications.
If the User doesnot agree with the terms of this Policy, he / she is requested not to use theServices.
PLEASEFUNDME isresponsible for the Personal Information collected and it is with this in mindthat it ensures the processing of data collected and compliance with thisPolicy.
2. COLLECTION OFPERSONAL INFORMATION
PLEASEFUNDME onlycollects the necessary Personal Information provided on a voluntary basis,according to the applicable law, when the User interacts with the PLEASEFUNDMEServices or when he contacts PLEASEFUNDME. In addition, by using the Servicesand registering, the User chooses to share his data such as, in particular, thename of the company, the contact person, the address, the email, the website, adescription relating to the Services offered or requested. In this case,PLEASEFUNDME undertakes to respect a protocol for securing recognized andreliable internet exchanges. This information is also subject to this Policy.
By browsing theSite, certain information is collected through log files and cookie files (formore information, see the "Cookies" section below). This includes,but is not limited to, the following information:
· IP and MAC address;
· Operating system;
· Visited pages andqueries;
· Time and day ofconnection;
· Internet serviceprovider.
As most of thisinformation is used in a global manner to optimize the Services, some are usedto enhance the user's experience or in order to offer him productscorresponding to his preferences.
PersonalInformation is collected from the User. However, PLEASEFUNDME may, without itsconsent, collect this information from a third party if the law allows it.PLEASEFUNDME may do the same if it has a serious and legitimate interest and ifone or the other of the following conditions occurs:
a) The information iscollected in the interest of the User and can not be collected from the User ina timely manner;
b) Third-party pickup isrequired to ensure the accuracy of the information.
PLEASEFUNDMErecueille uniquement les Renseignements Personnels nécessaires fournis sur unebase volontaire, suivant le droit applicable, lorsque l’Utilisateur interagitavec les Services de PLEASEFUNDME ou lorsqu’il contacte PLEASEFUNDME. De plus,en utilisant les Services et
It is possiblethat cookies (small text files stored on the computer that records certain information)may be used to quickly identify the User as a unique user or to save certaininformation about the session and / or use of PLEASEFUNDME Services.
Cookies arecreated when the User accesses the Services of PLEASEFUNDME. These cookies helpPLEASEFUNDME to improve the quality of its services and make it possible, inparticular, to make recommendations to the User.
Partners ofPLEASEFUNDME may be allowed to install and access their cookies on the User'scomputer. The use of these cookies by these third parties is subject to theirown policies regarding personal information and not to this Policy.
3. USE OF PERSONALINFORMATION
It is notnecessary to provide Personal Information to navigate on the Website. However,to the extent applicable law, the User will not be able to register and / orenjoy certain features of the Services.
The informationcollected can be used:
a) To provide the Servicesor information requested, and to process and perform any related transaction;
b) To verify the identityof the User for customer service;
c) To prevent or detect anattempted hacking or breach of security or any security risk in connection withthe Services and for the purposes of loss prevention and the fight againstfraud;
d) In order to communicatewith the User more effectively, for example to send important notices such ascommunications about purchases or changes to policy conditions, or to respondto emails, questions, queries, comments and provide customer service;
e) To generate anonymousstatistics on the use of the Services and to assist PLEASEFUNDME to create,develop, use, deliver and improve its products, services, content andadvertising;
f) To conduct surveys,competitions and draws;
g) In order to personalizeand improve the User's Services and experience, offer advertisements,newsletters, promotions, awards, prizes or other*;
h) To disclose informationin connection with a court order application, a request from a regulatory body,or as part of the administration of the Act for the purpose of protecting andassisting in the protection the PLEASEFUNDME systems as well as the public orto enforce a right, at the discretion of PLEASEFUNDME;
i) Any other purposedescribed in this Policy or for which PLEASEFUNDME has informed the User of thecollection, use, sharing and / or consent of PLEASEFUNDME.
* Electronic newsletter: In order to respect theapplicable laws, if the User chooses to receive electronic promotionalnewsletters from PLEASEFUNDME, when using the Services or when creating anaccount, for example, PLEASEFUNDME may use the information given to communicateto the User information about promotional offers, special discounts, newproducts and other newsworthy events depending on the preferences of the user.At any time, if the User no longer wishes to receive these newsletters, he canclick on the link in an email received from PLEASEFUNDME. This link willprovide instructions to stop receiving newsletters. In addition, the User maysend to PLEASEFUNDME the User's request concerning the cessation of receipt ofthe newsletters to the following address: [email protected]
Even if the User decides not to receive newslettersfrom PLEASEFUNDME any more, he will still receive non-promotional communicationsfrom him, such as order confirmations and / or important notificationsconcerning the Services and / or its account.
It should be notedthat PLEASEFUNDME, its partners or its employees are likely to consult theinformation of the User in the performance of their tasks in order to make itbenefit from PLEASEFUNDME Services more adequately.
PersonalInformation collected by PLEASEFUNDME will be used and stored for a period oftime necessary for the purposes described in this Policy and in accordance withthe requirements of the Federal Law, specifically as per section 4.5 ofSchedule 1.
4. SHARING OFPERSONAL INFORMATION
PLEASEFUNDME willnot sell or rent to anyone the personal information of the User collected, butit may be passed on to a third-party representative for marketing or as ahelper in cases of technical problem solving. If this is the case, under nocircumstances will PLEASEFUNDME grant these third-parties the right to discloseor use this information. PLEASEFUNDME requires them to comply with and approvethe terms of this Policy.
· Buying or sellingbusiness
It is possiblethat PLEASEFUNDME buys or sells one or more companies, the User's PersonalInformation may then be transferred as part of a transaction of this kind. Inthe case of a business purchase, the Personal Information collected by thatbusiness will be treated in accordance with this Policy, to the extentpossible. If PLEASEFUNDME sells a business or subsidiary, it will include inthe contract stipulations to the effect that the buyer must treat the PersonalInformation collected under the same conditions as provided in this Policy, asfar as possible. The provisions of this paragraph shall also apply ifPLEASEFUNDME is sold in liquidation proceedings.
· Cases of sharingrequired by law or concerning the safety and security of the User
It should be notedthat in certain situations, under the Act, PLEASEFUNDME may collect, use ordisclose certain personal information without the knowledge of the individual withouthis or her consent. Here are some examples:
a) In the interests of theindividual and, within an appropriate period of time, it is impossible toobtain consent;
b) If there is a risk ofcompromising the accuracy of the information by seeking the consent of theindividual, for example, in the course of an investigation of a breach ofcontract or an offense under both a provincial and federal Act;
c) The life, security orhealth of a person is threatened;
d) In order to comply witha subpoena, collect a debt or a money order or other order of a court or whererequired by law.
5. PROTECTION OFPERSONAL INFORMATION
PersonalInformation collected is deemed essential and PLEASEFUNDME protects it as wellas protecting its own confidential information. It also ensures that the thirdparties with whom it does business protect the Personal Information of the Userwith the same rigor as that described in this Policy.
The User isresponsible for the content he chooses to share or publish.
Despite all theefforts of PLEASEFUNDME to protect the Personal Information of the User, it cannot guarantee that no breach will occur. If such a thing should happen,PLEASEFUNDME will warn that the information of the User may be at risk.PLEASEFUNDME strongly recommends to secure the user's accounts as well as hispersonal information by means of passwords.
DESPITE ALLPLEASEFUNDME EFFORTS TO ENSURE THE SECURITY OF PERSONAL INFORMATION, NO COMPANYMAY GUARANTEE THE SECURITY AND CONFIDENTIALITY OF ITS SERVICES, INFORMATION ANDOTHER DATA. THEREFORE, PLEASEFUNDME DISCLAIMS ALL RESPONSIBILITY AND MAKES NOREPRESENTATION OR WARRANTY ABILITY TO PROTECT THE CONFIDENTIALITY OR SECURITYOF ITS DATA CONCERNING THE PERSONAL INFORMATION OF USERS.
6. ACCES TOPERSONAL INFORMATION
Subject to theexceptions provided for in the Law, the User has a right of access to hisPersonal Information collected about him. Upon request, PLEASEFUNDME informsthe User of the existence, if this is the case, of his Personal Information,the use that is made of it and the fact that it has been communicated to thirdparties. The User is also responsible for the information transmitted as totheir accuracy, in particular for any correspondence or delivery address. TheUser must therefore notify PLEASEFUNDME if changes need to be made.
If the User wishesto dispute, consult, correct or delete the Personal Information about himcollected by PLEASEFUNDME, send him his request to [email protected]
PersonalInformation will then be corrected, revised or deleted in accordance withapplicable law. However, PLEASEFUNDME will not be able to keep any informationin its files for dispute resolution or application of PLEASEFUNDME agreements,due to technical or legal requirements or facts related to security, integrity orthe operation of the Services of the latter.
The request of theUser will be processed within thirty (30) days.
7. REFUSAL TOPROVIDE PERSONAL INFORMATION
In order to fullyutilize the Services, the creation of an Account is necessary and therefore adisclosure of the Personal Information by the User. However, the User is notobliged to provide this Personal Information, but understands that he will notbe able to take full advantage of the features offered by the PLEASEFUNDMEServices. If this is the case, he can only browse the Website.
8. APPLICABLE LAW
This privacypolicy will be interpreted in accordance with the laws of Quebec and Canada. Inthe case of confidentiality disputes, they will be subject to this PrivacyPolicy and PLEASEFUNDME Terms and Conditions and will be settled by thecompetent court sitting in the judicial district of Quebec, excluding the rulesof conflict. of laws.
9. QUESTIONS ORCOMMENTS