Summary of Services
FlipGive is an innovative online shopping platform that enables fundraisers (“Team Members”) to use the FlipGive Platform and our associated Services to earn cash back to benefit causes they care about. Team Members do this by encouraging others (“Buyers”) to support their Fundraising Campaign (“Team”) by taking one or more action (“Action”). Actions are activities taken on the site, or by following specific links from the site, in support of Teams. Examples of Actions include, but are not limited to encouraging Buyers to purchase electronic vouchers, gift cards, coupons, gift certificates and other electronic certificates (collectively, “Vouchers") that can be redeemed for goods and services offered by participating companies (“Merchants”) where a percentage of the sale proceeds will go to the Team; referring Buyers to make purchases through the Merchant’s shopping site (“Shopping”) where a percentage of the sale proceeds will go to the Team; encouraging Buyers to make a donation in support of the Team.
The purpose of this services is to support organizations and individuals who want to improve the lives of people in their communities (the “ Purpose”). Examples of Services include enabling Team Members to start Teams with a Merchant and to promote the sale of a selected Voucher to Buyers or to solicit donations via customized content (“Content”) on the FlipGive Platform. Fundraisers, Buyers, Merchants and other visitors (collectively, “Users” or “you”) will be able to contribute to the Content by posting comments and by submitting materials to us to include in the Content.
Availability of Services
The Services are only available to (i) individuals of legal age to form a binding contract with FlipGive or, if not of legal age, who have consent from their parent/guardian; and (ii) individuals and organizations who otherwise have the authority to create a legally binding agreement.
FlipGive is concerned about the safety and privacy of all its Users, particularly children. For this reason, parents or guardians who wish to allow their children access to the Services should supervise their access to the Services.
Unless expressly stated otherwise, in relation to a particular Merchant or Team, individuals under 13 years of age may not register on the FlipGive Platform with their own personal information in order to be a Team Member or Buyer, post content, make donations or otherwise provide us with any personal information.
Modification of Services
FlipGive reserves the right to modify or discontinue the Services (or any part thereof) at any time with or without notice.
Ownership of the FlipGive Platform
Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the FlipGive Platform or communicate with us, FlipGive, the Merchants and other Users and partners cannot be, and are not responsible for, the security of information that you choose to communicate with us while it is being transmitted. FlipGive, the Merchants and other Users and partners are not responsible for any data lost during transmission.
User Generated Content
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages that Users post or otherwise make available on the FlipGive Platform ("Submissions") are the sole responsibility of the person from which such Content originated. This means that you, and not FlipGive, the Merchants and other Users and partners, are entirely responsible for all Submissions that you post. FlipGive, the Merchants and other Users and partners do not pre-screen Submissions and, as such, do not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the Service, you may be exposed to Submissions that are offensive or objectionable. Under no circumstances will FlipGive, the Merchants and other Users and partners be liable in any way for any Submissions or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Submissions.
You acknowledge that, while FlipGive does not pre-screen Submissions, FlipGive and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Submissions. You also understand that all Submissions are public and not private.
By posting Submissions on or through the FlipGive Platform, you grant FlipGive a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Submissions alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Submissions submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation. You warrant that any moral rights in your Submissions have been waived.
You agree that you will only use the Services in accordance with the Purpose and will not use the Services to:
upload, post, email, transmit, or otherwise make available any Submission that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
harm minors in any way;
upload personal information, including photographs or contact information, of individuals who are under 13 years of age without consent from their legal guardian;
falsely impersonate any person or entity, including, but not limited to, a FlipGive official, Merchant representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Service;
upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;
upload, post, email, transmit or otherwise make available any material that 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;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by the Ontario Securities Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the Montreal Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code of Canada or any such similar legislation in your local jurisdiction;
collect or provide funds, directly or indirectly, for any activity outside of the purpose for which you have publicly stated you are collecting or providing the funds;
collect or provide funds, directly or indirectly, for any fraudulent activity, including, but not limited to money laundering;
"stalk" or otherwise harass another User;
collect or store personal data about other Users without their express consent or in connection with the prohibited conduct and activities set forth above;
attempt to override or circumvent any of the usage rules embedded into the Service;
take any action that imposes or may impose (as determined by FlipGive in its sole discretion) an unreasonable or disproportionately large load on the FlipGive platform’s infrastructure;
interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
bypass any measures that FlipGive may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
run Maillist, Listserv, or any form of auto-responder or "spam" on the Service, including use of the Service to manually “spam”;
use manual or automated software, devices, or other processes to "crawl" or "spider" the FlipGive Platform;
intentionally or unintentionally commit click fraud by using a person, automated script, or computer program to imitate legitimate use of a web browser; or
access (or attempt to access) the Service by any means other than through the interface that is provided by FlipGive, unless you have been specifically allowed to do so in a separate agreement with FlipGive.
If FlipGive suspects, at its sole discretion, that the Service has been used in any illegal manner, we reserve the right to report such use to the relevant authorities.
Fundraiser Obligations and Teams
Teams are subject to approval by FlipGive and/or Merchant at the sole discretion of FlipGive. Teams will be considered and approved on a case-by-case basis to ensure that the proposed fundraising initiative is consistent with the Purpose and, in some cases, meets the approval of the participating Merchant. FlipGive and Merchant reserves the right to contact any third party listed as a recipient of the raised funds to request information that will enable FlipGive and the participating Merchant to approve and to verify the validity of the Team.
If you are a Fundraiser, your use of the Services is subject to the following additional terms and conditions.
As a Fundraiser, you are warranting the validity and accuracy of the Team as you have portrayed it on the site and agree to in no way mislead Users as to your fundraising purpose.
You must be a registered User to create a Team. You must use your personal account to create a Team and not use an account of another User. You must use a valid email address and keep it up to date in your User settings.
If your Team supports a third party, you must provide accurate, complete and updated information on that third party.
You must provide full, complete payment information to direct FlipGive or its designates to send final payment. This may be in the form of name and address and/or PayPal or other payment account information. If you are providing PayPal or other payment information for a third party, you must obtain their consent to do so. You may use your personal PayPal or address to collect funds on behalf of a third party, but FlipGive reserves the right to contact the third party directly to verify receipt of the payment within one month of issuance.
You may not use the Service to raise funds for registered political parties or groups that FlipGive considers to be professional lobbyists.
Payment to Team Members and Teams
Revenue earned through the use of the Service to support a Team is earned revenue and represents the exact amount that will be received by the Team (“Earned Revenue”).
Earned revenue described on each Fundraising Action.
Earned Revenue will be paid via cheque or PayPal account on behalf of a Team and sent to the beneficiary selected by Fundraiser during account creation.
Earned Revenue will be paid in the relevant currency based on the chosen geographic area and based on the currency in which the Voucher is purchased or a donation is made.
Earned Revenue will be paid in accordance with payment information provided by Fundraiser within the timeframe specified on the Team Owner’s “Payments” tab.
The sum of all Earned Revenue will be displayed in the Team Owner’s “Payment” tab. This tab will also indicate when a payment has been sent to the Team beneficiary. Earned Revenue is considered to be earned when it is displayed on the Payment tab, subject to confirmation by relevant external commercial party.
The “Goal Meter” will display the amount raised through actions in support of the Team. In some cases the Goal Meter may be an approximation of the Earned Revenue as a result of adding to the Goal Meter as soon as a support action is taken. If a support action must be confirmed or verified at a later date, there may be a discrepancy between the Goal Meter and the Earned Revenue. In any such case, the amount shown in the Payment tab supersedes the amount shown in the Goal Meter.
From time to time the amount displayed in the Goal Meter and/or in the Payment tab may be inaccurate as a result of error. FlipGive reserves the right to correct any such error and will not be obligated to pay out any erroneously reported earned revenue.
In the event your beneficiary has been denied, you'll be contacted via email with the reason for denial. You'll also be provided with approval guidelines to assist you in the resubmission of a beneficiary that meets the approval guidelines. If for some reason, you are unable to provide a beneficiary that meets the guidelines, and you have already raised funds, those funds will be directed to either the American Red Cross or the Canadian Red Cross, based on the country of origin of the campaign. Both organizations support local and global initiatives related to disaster relief, social assistance, support for military families, and international relief and services. To learn more, please visit, http://www.redcross.org/what-we-do or http://www.redcross.ca/what-we-do.
In the case of any future revenue as defined as all User generated revenue through the use of the Service which can be linked directly to a specific Team as selected by the Users, FlipGive shall have the right, in its sole discretion, to determine the revenue sharing model.
Gift Cards & Vouchers you purchase through our Site as a FlipGive account holder are offers that you purchase from participating Merchants through our service that supports Teams. The Gift Cards & Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Gift Card or Voucher. The Merchant is solely responsible for redeeming the Gift Card and/or Voucher. The Merchant is the issuer of the Gift Card or Voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“ Losses”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release FlipGive and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Losses arising from or related to any act or omission of a Merchant in connection with your use of a Gift Card or Voucher or the services/goods it provides in connection with it.
By purchasing any Gift Card and/or Voucher you agree to the Terms of Sale listed on the Gift Card or Voucher. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree to these Terms of Sale (“Rules”) the terms on the Gift Card and/or Voucher itself and any additional, deal specific terms advertising the and/or Voucher at the time of purchase (collectively, the “Fine Print”, regardless of how labeled). These Rules apply to all Gift Cards and/or Vouchers that we make available, unless a particular Gift Card and/or Voucher’s Fine Print states otherwise, and except as otherwise required by law. In the event of a conflict between these Rules and the Gift Card and/or Voucher’s fine print, the Gift Card and/or Voucher’s Fine Print will prevail.
Gift Cards and Vouchers have two separate values: (a) the “amount paid” and (b) the “give value”. The “give value” is the amount paid to the Team benefiting from the offer. For example, if you pay $20 for a Gift Card or Voucher that gives $8 to a Team, the give value is $8, the amount paid is $20.
If a Merchant or venue refuses to honour any Gift Card or Voucher, FlipGive will refund the amount paid upon request in the original form of payment, or will credit the FlipGive account of the Buyer with an equivalent amount, in either cash or currency related to a future loyalty program less the give value and less any transaction fees or loss on exchange rate incurred. For example, if you pay $20 for a Gift Card or Voucher that gives $8 to a Team, the refund amount will be $12 less transaction fees to the Buyer.
FlipGive, the Merchants and other Users and partners will not be responsible for any lost or stolen Gift Cards or Vouchers.
Re-sale for commercial purposes is strictly prohibited .
You will not directly or indirectly purchase any Product(s) through FlipGive links for resale or commercial use (of any kind) or offer any Products on your Site for resale or commercial use of any kind.
You may also be enabled to make a donation to a Team through the Services without having to purchase a Voucher or take any other Fundraising Action. For each donation, the Team will receive the amount of the donation less a transaction fee.
Member Account, Password and Security
During registration for a FlipGive I.D., you will select a password and FlipGive Username (I.D.). Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to immediately notify FlipGive of any unauthorized use of your password or account or any other breach of security. FlipGive, the Merchants and other Users and partners will not be liable for any loss or damage arising from your failure to comply.
You must be truthful in all aspects of your registration and agree to:
provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the " Registration Data")
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Your FlipGive I.D. associated with your account is the property of FlipGive or its affiliates, and is not your personal information.
You are responsible for all Submissions posted and activity that occurs under your account.
Websites of Others
The FlipGive Platform contains links to websites maintained by other parties. These links are provided solely as a convenience and not because we endorse or have an opinion about the contents of such websites. FlipGive expressly disclaims any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites by other parties, you do so at your own risk.
You are solely responsible for your interactions with other Users of the Services. To the extent permitted under applicable laws, you hereby release FlipGive from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other User.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
General Practices Regarding Use, Storage and Account Termination
You acknowledge that FlipGive may establish general practices and limits concerning use of the Service. You agree that FlipGive has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FlipGive reserves the right to log off accounts that are inactive for a certain period of time as determined by FlipGive and to remove and discard any Submissions with or without notice and for any reason, including, without limitation:
lack of use;
requests by law enforcement or other government agencies;
a request by you (self-initiated account deletions);
discontinuance or material modification to the Service (or any part thereof);
unexpected technical or security issues or problems;
in compliance with legal process; or
if you have or we believe you have engaged in illegal activities, including without limitation, fraud in connection with the Services.
Disclaimer of Representations and Warranties
You expressly understand and agree that:
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. FlipGive expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
Without limiting the generality of the foregoing, FlipGive, the Merchants and other Users and partners make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation of Liability
You expressly understand and agree that FlipGive shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible Losses (even if FlipGive has been advised of the possibility of such damages), resulting from: (i) the use of 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) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
FlipGive, FLIPGIVE and all other trademarks used by FlipGive in association with the Services are trademarks of FlipGive or are used by FlipGive in Canada and/or the US and/or the UK under permission (“FlipGive Marks”). You agree not to display or use in any manner the FlipGive Marks unless you obtain FlipGive's prior express permission. If you are seeking permission to use any FlipGive trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact Nicholas Lee at nlee @ flipgive.com.
Merchant and applicable Team logos and trademarks are used within the FlipGive Platform and Services with the express consent of each of the Merchants and Team Members who create the Teams. Such logos and trademarks are protected by each applicable party and should not be reproduced or downloaded without prior consent from the applicable party.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
FlipGive respects the intellectual property of others, and we ask our Users and partners to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FlipGive with the following information in writing:
a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You can send claims of copyright or other intellectual property infringement to:
FlipGive Canada Legal Department
325 Front Street West, Suite 400
Toronto, ON M5V 2Y1
You can cancel your account at any time by notifying FlipGive in writing by sending an email to Customer Service at [email protected]. To complete the cancellation of your account, you must receive an acknowledgement and confirmation of your request. An unacknowledged email or phone request to cancel your account is not considered cancellation.
Waiver and Severability of Terms
No Right of Survivorship and Non-Transferability
You agree that your FlipGive account is non-transferable and any rights to your FlipGive I.D. or Submissions within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Submissions may be permanently deleted.