Giving Box Terms and Conditions of Use
Changes To Terms And Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
GB As A Platform; We Are Not A Charity
GB provides an online platform that allows third-party users to create and run a GB campaign where donors can make donations to such GB Organizer and campaign. We do not act as the agent for any user of the platform neither are we a broker, creditor, charity or a financial institution. Our service only provides a platform for these activities to take place.
GB may take actions such as limiting the visibility of your account or suspending your account or suspend a campaign if we determine that you are acting against the policies herein this agreement and other GB agreement incorporated herein by reference.
In providing the platform and the services to you, GB may provide certain recommendations and tips such as verbal comments, draft reports, statistics, presentations, and other documents or resources. None of such recommendations and tips offered through this website represents or warrants that any particular information is safe to implement, appropriate or effective for you or your campaign or need and you acknowledge that you will not rely on any of its contents, but will treat the information as being only of a general and informational nature.
GB and Charities
A Canadian charity that wishes to use GB services and create a GB campaign must be able to provide both a Canadian government charitable number and verifiable email connection with the charity. This verified status is granted when all criteria is met under the applicable Canadian government regulations when it comes to a charitable organization raising money for a charitable cause.
Ownership, Using Our Content And Service
Ownership: The Service is owned and operated by GB. You understand and acknowledge that the proprietary method, codes, software and systems used to provide the Site or Services ("Our Technology") to you are: (a) copyrighted by us and/or our licensors under Canada and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws, and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.
Except as expressly provided herein, nothing in these Terms will be deemed to grant, by estoppel, implication, or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of GB or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party resource(s) provided in connection with the Site or Services will be governed by such third parties' licenses and not by these Terms.
Our Proprietary Rights: Our Service and Website may contain an assortment of information, data, software, images, audio clips, video clips, music, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the owners of this Service or third party suppliers. The Content in this Service is copyrighted individually and as a collective work. All rights are reserved. The name "GB" and other names appearing herein are the trademarks or registered trademarks of the Service or the respective third-party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. Any licenses granted by this Agreement are non-exclusive.
Intellectual Property Rights & Reservation of Rights: All content, communications, software applications, digital products, updates and features of this Service are copyrighted by the Service, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Service and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any material from this Service or otherwise use any such material in any manner for any public or commercial purpose.
Registration, Usernames, And Account Security
To use our Services and access certain portions of the Website, you may be required to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account.
You represent and warrant that your Account information will be accurate at all times. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your use the Website and refuse to provide You with access to the Website.
You must notify us (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each use.
We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person and you may not use anyone else's account at any time without the permission of the account holder.
Giving through GB as a Donor?
Any Donation you make through the GB platform is at your own risk and is your responsibility to understand how your money will be used. GB is not responsible if a GBO promises any offers or rewards. GB itself cannot guarantee that the campaign organizer will use the money they have raised for the reason they raised it. The organizer is responsible to ensure money raised and used is congruent within the charitable laws governing Canada. GB does take fraud seriously and if you suspect a campaign organizer is committing fraud please send an email to firstname.lastname@example.org.
- Donors cannot give or impose restrictions on the use of Donations by a charity or GBO though GB. The donation giving should be used in the manner of what the campaign organizer has communicated but only the Charity or Event Organizer shall have full discretion to determine how all Donations will be used.
- GB makes no representation to any portion of your donations, including, if any, payment processor fees, are tax deductible or eligible for tax credits. We as GB also have no liability for any tax return and claim by federal, provincial or local agents.
- Donors must provide GB with the information required to enable the issuing of an official donation receipt. This information is passed along to the campaign organizer and is not kept in our GB databse. You as a donor must acknowledge and agree that your given information will be shared with the charity and organizer of the campaign. Again, GB is not responsible, and shall not be liable, for any Charity's use of any donor information.
- Giving Box and its services are unable to grant or give refunds for a donation you made to the cause or charity of your choice. If you suspect that a GBO has created a false and or inaccurate account and is mis-using funds, please contact Giving Box at email@example.com so we can investigate and take appropriate action.
Official donation Receipts are not provided by Giving Box but the verified charity of the GB organizer. Giving Box simply provides the administrative services that allow charities to raise money through its platform.
Ownership of Donor Lists and Data
Giving Box provides your given information to the verified charity for the dissemination of your tax receipt. Giving Box will not sell or use your data and information to any third party clients. Any information used to make a donation will be deleted when the GB user closes their GB campaign. We use Stripe as the payment processor. To learn more about how Stripe handles your data and information please read more here: https://stripe.com/en-ca/privacy.
GB can and does verify charities through interaction (phone and email) with the charity's director, board or secretary to ensure the account and their campaigns matches their charitable name and status under the Canadian Federal Government.
GB has been designed to help GBO's raise money for their worthy cause. GB simply allows an organizer to connect with their community and donors by providing an online service to raise money. By using Stripe, GB does not hold any money nor will we engage with any solicitation through any user or campaign regarding money or the raising of it.
Donations and Donation Terms
When making or receiving a donation through the Giving Box service, you agree:
- not to make or receive any donations that you know are with error, suspicious or fraudulent;
- not to use the GB to make donations to a charity or individual who any provincial or federal government has locked from receiving donations;
- to ensure standard security precautions that protect any information shared and received through the GB services;
- to maintain and keep a copy of all donations - electronic and other records related to GB campaigns and services for GB to prove your compliance with these Terms of Service. You must be able to make these records available to GB upon our request. For clarity, this does not impact or hinder your lawful obligations to maintain donation documentation as required by applicable provincial, federal laws, rules, and regulations;
- at GB's request, including an investigation by GB, a payment processing partner, or a governmental authority, to fully cooperate in the auditing of your GB records. A GB investigation should occur to identify circumstantial evidence for the remedy or violation of wrong doing;
- that GB has the sole right to refuse, condition, or stop any donations that we believe, in our sole discretion, may violate these Terms of Service or harm the GB users, business partners, the public, or GB itself. GB has the right to share any information with governmental authorities regarding your use of GB services should your use be in violation of the GB Terms of Service.
GB Payment Processor and Payment Terms
GB does not hold any funds through the transactions of a GB Campaign nor is it a payment processor. GB uses Stripe as a third-party payment provider. The user recognizes that that a payment provider is necessary for the service of GB to be rendered and understands that payment information is shared with the payment provider (Stripe) to facilitate the donation transaction.
There are zero fees to set up a GB campaign, however both GB and Stripe take an industry standard fee when donations are processed. GB charges 7.9% (an industry standard comparable with Indiegogo, Kickstarter and similar crowdfunding platforms) on each transaction, which includes the credit card fee. Stripe, our third-party payment processor, allows for safe and private donation transactions.
User Conduct, Representation And Platform Use
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with applicable laws and the following binding guidelines:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
- interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- Without limitation on the foregoing, you agree not to use a GB campaign, or its service, to raise funds with the implied or explicit
purpose of or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound in your use of this service. This includes payment card providers and transaction processors that you utilize in connection with the GB platform;
- GBO's campaigns or content that are fraudulent, inaccurate, dishonest, or impossible;
- Any and all content involving the use of illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals and similar products or therapies. This includes the use of any drug or use of legal substance that could be inferred (including paraphernalia) as illegal or causes bodily harm;
- Weaponry not only restricted to this list: knives, explosives, ammunition and firearms;
- Any loans, get rich schemes, pyramid schemes, investment opportunities, off-shore banking or any money exchange businesses and transactions, real estate transactions, or network marketing;
- Gambling, gaming either online or in person (including fantasy sports, racing, etc.);
- Any content that is (in our sole opinion) propagating hate, harassment, terrorism, bullying, discrimination, racism, or any intolerance regarding religion, culture ethnicity, sex, gender, diseases or disabilities;
- GB cannot be used to raise money for the items listed in point 7 directly above this;
- funding for a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- GB is not to be used to raise money to acquire or share counterfeit music, movies, software, or other licensed materials without the appropriate consent from the rights holder;
- unauthorized sale or resale of brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a Campaign description;
- activities that GB may deem supportive of individuals, entities or organizations associated with financial crimes (claimed or suspect) that are not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any activity that GB may see and declare to be unacceptable.
It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
User Generated Submission Or Content
Subject to the limitations set forth herein, our Site may contain message boards, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Submission") on or through the Site.
User-generated submission and content are the contributions of independent users not affiliated with GB, whose opinions are their own. GB does not guarantee the accuracy, integrity or quality of the opinions and advice posted on the site by users. Your use of any user submission provided in the Site is at your own risk.
Unless we indicate otherwise, by posting or submitting such User Submission to the Website, you grant GB a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. GB and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that (a) you own or otherwise control all of the rights to such User Submission; (b) that the User Submission is accurate; (c) that use of such submission does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify GB for all claims relating to such submission.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content.
GB may, but is not required to, monitor user submissions and content on the Site and reserves the right to edit, correct or delete any of such user content for any reason at our sole discretion.
Consent To Electronic Transaction, Communication And Disclosures
To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from GB to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the GB website and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else.
Links To Third-Party Websites And Resources
The GB website and services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
You agree that your use of third-party sites and resources and any content, information, data, advertising, products, services, or other materials on or available through such sites and resources is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
GB shall have the right, at any time and at its sole discretion, to block links to the GB website through technological or other means without prior notice.
Warranty And Liability Disclaimer
THE GB WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GB MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE GB WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. GB MAKES NO REPRESENTATION OR WARRANTY THAT THE GB WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE GB WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE GB WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While we try to maintain the integrity and security of the GB website and the servers from which the GB website is operated, the GB website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the GB website. If you become aware of any unauthorized third party alteration to the GB website, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the applicable GB website where such material(s) appear.
Limitation Of Liability
IN NO EVENT SHALL GB, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "GB ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE GB WEBSITE, OR (C) YOUR USE OF OR INABILITY TO USE THE GB WEBSITE, IN EACH EVENT, EVEN IF GB OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
GB IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. GB IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL GB‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT, THE GB WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE GB WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE GB WEBSITE WITHIN THE LAST SIX MONTHS.
You will indemnify and hold the GB Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your misuse of, inability to use, or activities in connection with the GB website; (b) any violation of this Agreement or any other GB terms, conditions or policies by you or through any account you may have with any GB website; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the GB website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any GB website visitor, user, or customer, or any other third party; and you agree to reimburse the GB Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
Termination And Enforcement
This Agreement is effective until terminated by GB. You agree that GB, at its sole discretion, may terminate your access to or use of the GB website, at any time and for any reason, including without limitation if GB believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth herein this agreement above). Upon any such termination, your right to use the GB website will immediately cease. You agree that any termination of your access to or use of the GB website may be effected without prior notice and that GB may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that GB shall not be liable to you or any third party for any termination of your access to the GB website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. GB reserves the right to takes steps that it believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the GB website and/or a third party claim that your use of the GB website is unlawful or violates such third party's rights).
Choice Of Law
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to and construed in accordance with the laws of Canada.
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between GB and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between GB and you regarding the Services and Content.
Severability: Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without GB's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GB may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications provided by GB under these Terms, including those regarding modifications to these Terms, will be given: (i) by GB via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver: GB's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GB. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact GB at email@example.com.