Terms and Conditions
The Small Change Fund empowers communities to raise money, to better utilize social capital, and to inspire community members to engage in civic activities. These small changes at the community level across Canada are key to building a sustainable Canada.
Our initiatives are profiled on our crowd-funding platform and you want to help raise funds for them and communicate with us about our joint efforts, aiming to bring online traffic and donors to the project.
Due to the nature of our crowd-funding model, we are unable to guarantee that our projects will receive full or partial funding, but we will work with you to help you reach your fundraising goals.
Let’s combine our efforts to reach our fundraising goals.
Small Change Fund provides its platform through its website, subject to the following terms of service, as amended from time to time (the “Terms of Service”). If you are a campaign organizer (as defined below) or donor (a campaign organizer and a donor shall be collectively referred to herein as a “User”) you are contracting with Small Change Fund. For purposes of the following Terms of Service, “Small Change Fund,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
Access and Use of the Services
Services Description: The Services are offered as a partnership platform to allow (the “Campaign Organizer”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”).
Although there are no fees to set up a Campaign, a partnership contract with Small Change Fund will outline how we work together, including paying bills and costs to conduct the crowdsourcing campaign.
The Services are a partnership platform provided by us, a charity, wherein donations are accepted by us and used for activities described in each campaign based on contributions made by the Campaign Organizer.
All information and content provided by Small Change Fund relating to the Services is for informational purposes only, and Small Change Fun does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
Small Change Fund has no control over the conduct of, or any information provided by, a Campaign Organizer, or other user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign or Campaign Organizer.
All Donations are at your own risk. When you make a Donation through the Services, it is your responsibility to understand how your money will be used. Small Change Fund is not responsible for any offers, promises, rewards or promotions solely made or offered by Campaigns or Campaign Organizers.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate and complete (ii) you will not infringe the rights of others; (iii) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for your project; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Small Change Fund, and Small Change Fund reserves the right to, provide information relating to our Campaign to Donors, beneficiaries of our Campaign or law enforcement, and to assist in any investigation thereof.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Small Change Fund of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Small Change Fund will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Small Change Fund reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Data Retention: You acknowledge that Small Change Fund has no obligation to you to retain data relating to any account or campaign. You acknowledge that Small Change Fund reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Mobile Services: The Services include certain features that may be made available via a mobile device, including the ability to (i) upload content to the Platform, (ii) browse the Platform and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply.
User Conduct: You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”) that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”) via the Services. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of Content and/or use that is illegal or prohibited by Small Change Fund. This list is not exhaustive and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. We further reserve without limitation, the right to remove the offending Content, suspend or terminate the account of such violators, stop payments to any such Campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree not to use the Services to:
- raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
- violating any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- any other activity that Small Change Fund may deem in its sole discretion to be unacceptable.
- transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Small Change Fund, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Small Change Fund or its users to any harm or liability of any type; or
- interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
- not to make any donations that you know or suspect to be erroneous, suspicious or fraudulent;
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Small Change Fund from time to time;
- to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Small Change Fund to verify compliance with these Terms of Service and make such records available to Small Change Fund upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- at Small Change Fund’s request, including without limitation in case of investigations by Small Change Fund, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
The Small Change Fund reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, partners, the public, or Small Change Fund, or that expose you, Small Change Fund, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Small Change Fund information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to Small Change Fund that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless Small Change Fund, in its sole discretion, agrees to issue a refund. Small Change Fund uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, Stripe, Inc.), in addition to these Terms of Service, Stripe’s terms of service.
Intellectual Property Rights
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright. Except as expressly authorized by Small Change Fund, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Small Change Fund from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Small Change Fund, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Small Change Fund.
Third-Party Material: Under no circumstances will Small Change Fund be liable in any way for any content or materials of any third parties (including users and Campaign Organizers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Small Change Fund does not pre-screen content, but that Small Change Fund and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant Small Change Fund and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Small Change Fund and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Small Change Fund in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Small Change Fund’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Small Change Fund are non-confidential and Small Change Fund will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Small Change Fund may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Small Change Fund, its users or the public.
Copyright Complaints: Small Change Fund respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Small Change Fund of your infringement claim in accordance with the procedure set forth below.
Third Party Websites/Services
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). Small Change Fund has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and Small Change Fund is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that Small Change Fund is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Small Change Fund will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that Small Change Fund is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify on demand and hold Small Change Fund and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Small Change Fund has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Small Change Fund for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Limitation of Liability
You expressly understand and agree that, to the fullest extent permitted by applicable law, neither small change fund nor its affiliates will be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, (c) damages for loss of goodwill, (d) damages for loss of use, (e) loss or corruption of data, or (f) other intangible losses (even if small change fund has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) any promotions and related prizes or rewards made available through the services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the services; or (vi) any other matter relating to the services. To the fullest extent permitted by applicable law, in no event will small change fund’s total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed the amount you have paid small change fund in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with these terms of service, your sole and exclusive remedy is to discontinue use of the services.
You agree that Small Change Fund, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Small Change Fund will have no liability or responsibility with respect thereto. Small Change Fund reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Small Change Fund and govern your use of the Services, superseding any prior agreements between you and Small Change Fund with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of Small Change Fund to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Small Change Fund, but Small Change Fund may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.