Subject to the obligations of the Charity set out herein and in particular paragraph 4 below, GFM Charity represents and warrants that, when applicable, it will issue tax receipts in accordance with the requirements of the applicable Canadian law. For example, a bit of card testing can look like collusion in some cases. 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. GoFundMe and you acknowledge that GoFundMe, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. You acknowledge and agree that the use of third party Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy. You agree to (a) immediately notify GoFundMe 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. Public Content; Public Display of Information and Donations: Some of your activity on and through the Services is public, such as content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients) (“User Content”). We use cookies to ensure that we give you the best experience on our website. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. The following are examples of User Content and/or use that is illegal or prohibited by GoFundMe. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. CI on Instagram Payments platform Adyen (AMS:ADYEN) recently examined the major shifts that are shaping the North American payments space (from the experts at Google Pay, GoFundMe, and Adyen). Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. A Charity on behalf of which GFM Charity issues official Donation receipts may at any time request a copy of the form of receipt being issued and may direct GFM Charity to revise the form of receipt as necessary to ensure compliance with Applicable Laws. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GoFundMe. What is the processing delay on my transaction? YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. GOFUNDME AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. If you or any other third party offer to match funds raised for a Charity through GFM Charity Services, you or such third party are solely responsible for providing those matching funds to the Charity and for complying with any legal obligations associated with such a match. 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. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. Crowdfunding Portals 855 Jefferson Ave. PO Box 1329 You may also contact us by mail at: GoFundMe Copyright Agent: Such third parties that provide or facilitate links, tools, widgets or other features allow You to access other sites, services and resources provided by such third parties but also allow such third parties to access campaigns and distribute campaigns created on GoFundMe without obtaining Your consent. While PayPal Giving Fund takes multiple steps to attempt to grant donated funds according to the donor's identified preference, PayPal Giving Fund retains exclusive control over all donations. Limitamos os dados pessoais fornecidos a esses fornecedores de serviço na medida em que julgamos razoavelmente necessário para eles poderem exercer suas funções, e exigimos que eles concordem em manter o sigilo de tais informações. 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). Recurring Donations: Donors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Installment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platforms, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any). This is similar to, for example, for eBay and GoFundMe, for example. The existence of the Services is not a solicitation of donations by GoFundMe, and GoFundMe 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. Now, generally speaking, the American consumer … By using the Services, you consent to our collection and use of personal data as outlined therein. ; Testing – Test your payments using the test card numbers provided by Adyen, or create your own. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to GoFundMe as follows: an electronic or physical 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 Services, with enough detail that we may find it on the Services; 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 or intellectual property owner, its agent, or the law; and. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers. CI on Facebook This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. The real value comes from routing based on issuer preference. You may not assign these Terms of Service without the prior written consent of GoFundMe, but GoFundMe may assign or transfer these Terms of Service, in whole or in part, without restriction. Without limiting the foregoing, you agree: Additionally, with respect to all Donations you make or accept through the Services, you agree: GoFundMe 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, business partners, the public, or GoFundMe, or that expose you, GoFundMe, or others to risks unacceptable to us. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. I do believe it has become mandatory to offer it and COVID has just reinforced that.”. 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 GoFundMe of your infringement claim in accordance with the procedure set forth below. This means that, in connection with GFM Charity, either the Campaign Organizer or Beneficiary must be a non-profit organization and established as such under the applicable laws of incorporation (“Charities”). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Campaign or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by GoFundMe to provide the Services. We shall resolve any such conflicts in our sole discretion, and all of our determinations are final. Dutch payments company Adyen is on a roll expanding its product list and entering new regions. Adyen Australia contracts with GoFundMe’s Australian entity, GoFundMe Australia Pty Ltd (ACN 627 702 630), which entity is the contracting party responsible for transactions benefitting the Australian user. “GoFundMe Charity is an easy system for our fundraisers to understand, which helps them get more value out of the platform and reach their full potential.” Connor Swan • Development Associate Branded campaigns for every occasion You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law. not to use the Services to transmit or otherwise upload any User 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 GoFundMe, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GoFundMe or its users to any harm or liability of any type; not to 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; not to harvest, collect or publish personally identifiable information of others; not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor; not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party; not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services; not create any liability for GoFundMe or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; not to engage in any conduct that, in GoFundMe’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services; not to interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks GoFundMe uses to provide the Services; not to gain unauthorized access to the Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means; not to obtain or attempt to obtain any materials or information not intentionally made available through the Services; not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted; not to, on the GFM Charity Platform, engage in advertising or commercial solicitation of any product or service without GoFundMe’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted; transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or. 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”). You may not use the GFM Charity Widget for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the GFM Charity Widget. at GoFundMe’s request, including without limitation in case of investigations by GoFundMe, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. GoFundMe told 7NEWS.com.au the support for Indigenous funds was so strong, they have created a Black Lives Matter Australia page so donors can easily access legitimate funds. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. Your Registration Obligations: You may be required to register with GoFundMe in order to access and use certain features of the Services. As a service provider, GoFundMe is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment. We do not guarantee that any Services Content will be made available through the Services. About Us 855 Jefferson Ave. PO Box 1329 It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. As between GoFundMe and Charity using the GoFundMe Platform, Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. It cannot be used as a dump pipe. Adyen also mentioned that with many more people shopping online than ever before, it should come as no surprise that fraudulent activities are also on the rise. If GoFundMe or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. Donations made through PayPal Giving Fund are governed by PayPal Giving Fund’s US Privacy Policy and User Agreement, as well as PayPal’s Privacy Policy and User Agreement. Promotions on the GoFundMe Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a "Promotion") on or through the GoFundMe Services. Modifications to Services: GoFundMe 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. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. Your non-termination of a Donation Subscription reaffirms that GoFundMe is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. 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. GoFundMe may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. For details please see our Privacy Policy. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Campaign Organizer or Charity), (b) individual Donation Installments may not be tax deductible, even if previous Donation Installments for the same Donation Subscription were, and the amount of each Donation Installment that is tax deductible may vary, (c) one or more specific Donation Installment may not be provided to or received by the applicable cause, charity or Campaign if such cause, charity or Campaign becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by GoFundMe or (d) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Donation Installment to the next (for example, if the Payment Processer fees associated with the Donation Installment change).