Last updated: February 21, 2018
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://altruly.com website (the "Service", "The Altruly Fundraising Platform") operated by Altruly, Inc. ("Altruly Tech") and The Altruly Foundation (the "Foundation"), a Registered Charity in Canada, as recognized by the Canada Revenue Agency, which are collectively referred to in these Terms and Conditions as Altruly ("Altruly", "us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
The purpose of our website and services is to make it easy for individuals, entities or organizations to fundraise on behalf of a nonprofit or charitable organization, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We provide a technology platform to allow fundraisers to connect with donors. The existence of the site or services is not a solicitation of donations by Altruly, and Altruly does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. Altruly may charge certain fees for donations made on or through the site as well as some fees to maintain some accounts. For details on Altruly's fees, please visit our plans pricing page.
Altruly offers two account types for using the Service: "Individual" and "Nonprofit". Either type of account may be used to raise funds, although you may only sign up for an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.
You may need a username and password to use certain features of the site and services and you may create certain URLs when you establish a profile, fundraiser or charity page. By selecting a user name and any particular URL you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Altruly, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Altruly to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Altruly. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Altruly immediately of any unauthorized use of your password or account or any other breach of security. Altruly assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Altruly has the right to reclaim any user names or URLs for any reason.
You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Altruly has reasonable grounds to suspect that such information is inaccurate, Altruly may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
By using this site you understand and agree that Altruly shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns or events. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you hereby release Altruly, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service.
The Foundation is a registered charity (Reg #755780095RR0001) that is designated a Public Foundation in Canada that operates a donor advised fund. The donor advised fund accepts donations and disbursal directions, and regrants certain amounts to qualified donees in Canada. Altruly operates this Service to facilitate fundraising initiatives created by individuals, entities or organizations to raise funds that benefit qualified donees in Canada. The following items outline The Foundation's specific roles in the Service.
Any individual, entity or organization that registers as a member and raises funds through the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers.
If you are raising funds for a 501(c)(3) nonprofit organization or registered charity (a “Charity”) through the site, you agree that you will comply with all applicable state and provincial solicitation and/or fundraising laws, and you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code or has and will maintain status as a registered charity under section 149(1) of the Income Tax Act (Canada); (ii) is registered with the GuideStar database or, in Canada, is listed in the Canada Revenue Agency’s database of registered charities; and (iii) has authorized you to raise money on its behalf through the Service. If you are raising funds for a registered not-for-profit organization (a “Nonprofit”) through the site, you agree that you will comply with all applicable state and provincial solicitation and/or fundraising laws, and you represent and warrant that such Nonprofit: (i) has and will maintain tax-exempt status under section 501(c)(4), 501(c)(5), 501(c)(6), 501(c)(7), 501(c)(8), 501(c)(9), 501(c)(10), 501(c)(11), 501(c)(12), 501(c)(13), 501(c)(19), 501(c)(20), 501(c)(21), 501(c)(23), 501(d), 501(e), 501(f), 501(k), 501(n) or 527 of the Internal Revenue Code or will maintain status as a nonprofit organization under section 149(1)(c), 149(1)(d), 149(1)(e), 149(1)(g), 149(1)(h), 149(1)(i), 149(1)(j), 149(1)(k), 149(1)(l), 149(1)(m) or 149(1)(n); (ii) is registered with the GuideStar database or, in Canada, is listed in the Canada Revenue Agency's database of registered nonprofit organizations; and (iii) has authorized you to raise money on its behalf through the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
We reserve the right to decline any account application, or suspend or terminate any Charity or Nonprofit's existing account immediately, without prior notice or liability, for any reason whatsoever.
Altruly offers a number of subscription usage accounts to access fundraising functionality, each with its own transaction or licensing fees. To view the associated transaction or licensing fees for each available plan, visit our fundrasing plans page.
Any individual, entity or organization that registers as a member and donates funds through the site or the Service ("donor") is subject to the following additional terms of these terms that apply specifically to donors.
All donations are at your own risk. Please make sure that when you donate to a given individual, Beneficiary, Nonprofit or Charity, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. Altruly does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary.
Donors are not permitted to impose restrictions on the use of donated funds by a Beneficiary. To the extent that a donation is made in response to an appeal for a particular program of a Beneficiary, or to the extent that a Donor purports to direct the use of donated funds by a Beneficiary, any such directions shall constitute non-binding recommendations only and the Beneficiary shall have full discretion to determine how all donated funds will be used.
By donating money through the site, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to Charities or Nonprofits are made as unrestricted gifts and may not be restricted to any particular purpose; (ii) designated donation amounts and Transaction Fees will be charged to the credit or debit card or other payment method you use through Stripe; (iii) all donations are final and non-refundable.
Altruly makes no representation as to whether all or any portion of your donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. Altruly will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any Altruly user or any Charity or Nonprofit. You should consult your tax advisor as to the amount of your donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your donation.
Donors shall provide Altruly with such information as is required to enable the issuing of an official donation receipt.
The Foundation operates this Service under a license provided by Altruly Tech.
Altruly collects a platform licensing fee from users that have created a Nonprofit account and subscribed to a fundraising plan. Altruly's platform licensing fees range from 3% to 6%. Altruly uses Stripe as our payment processor, which charges a credit card processing fee of 2.9% + $0.30 per transaction, or better based on volume.
Occasionally, a donor may dispute a credit card charge for a donation through the Altruly site. Stripe works with the account holder and the donor's credit card company to resolve chargebacks. If an when a chargeback occurs, Stripe receives a notification of the disputed charge and Stripe will send you an automated email with the details. For more details on how Stripe handles chargebacks with respect to your Stripe account, visit Stripe's Support page for more details.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Altruly cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Altruly customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Altruly with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Altruly to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Altruly will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Altruly may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Altruly until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Altruly reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Altruly, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Altruly will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Altruly on a case-by-case basis and granted in sole discretion of Altruly.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Altruly and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Altruly. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Altruly or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Altruly.
Altruly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Altruly shall 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 such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Altruly, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Altruly, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Altruly makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Altruly its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Altruly chooses not to immediately act, or chooses not to act at all, Altruly will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Altruly does not waive any of its rights. Altruly shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
In the event that one or more portions of these terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.
If Altruly fails to enforce any parts of these terms, it will not be considered a waiver.
These terms make up the entire agreement between you and Altruly regarding the site and supersede any prior agreements.
These terms do not confer any third party beneficiary rights.
You will not assign or transfer any of your rights or responsibilities under these terms to anyone without Altruly's express written permission.
Altruly may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these terms shall prevent Altruly from complying with the law.
Altruly shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions about these Terms, please contact us.