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www.give.breakfastclub.ca (the "Site") is a Web and mobile service enabling individuals, small groups, or organizations getting involved in a fundraiser and receiving donations. The Site is a division of ODE Technologies Inc.
1. To create a fundraising campaign each individual or organization must become a member of the Site and comply at all times with the terms of use of the Site that may be amended at any time by the Breakfast Club of Canada.
2. The Breakfast Club of Canada reserves the right to refuse the registration of any campaign, notably if the campaign does not appear to be legitimate, if its content is offensive or violates the rights of a third party or for any other reason deemed reasonable by the Breakfast Club of Canada.
3. You must keep your password strictly confidential.
4. When you upload any content on the Site, you guarantee that you own all rights related thereto, including, without limitation, any copyright or right to publicise. Moreover, you hereby grant the Breakfast Club of Canada, without restriction of any kind whatsoever and for the world, a right to use the content for the purpose of the Site and its promotion free of any royalty and you also renounce to your right of legal recourses against the Breakfast Club of Canada or any other legal entity controlled by or affiliated to the Breakfast Club of Canada, its employees, agents and representatives relative to the use of this content by anyone.
5. The Breakfast Club of Canada reserves the right to suspend or terminate, temporarily or permanently, any account of a member who does not act in accordance with these terms and conditions or to restrict its access to the Site without notice.
6. The site aims to provide a platform to collect donations online. By using the Site, you acknowledge that the Breakfast Club of Canada acts only as an intermediary and cannot guarantee, in any way, the quantity and quality of donations. In addition, the Breakfast Club of Canada cannot guarantee, in any way whatsoever, that donations will be used for the purposes claimed by users. Hence, we strongly encourage donors to proceed to the appropriate verifications prior to making a donation. No refunds will be made by the Breakfast Club of Canada for any reason whatsoever.
7. The Breakfast Club of Canada disclaims all warranties, expressed or implied, in connection with the Site that is provided to you "AS IS" and does not offer a warranty or contractual liability for its quality, suitableness for purpose of use, nor of its accuracy.
8. Regardless of our efforts, the Breakfast Club of Canada cannot guarantee that the Site will be accessible or functional without interruption, nor that it will be error free or that the information contained herein is complete or accurate.
9. Before using the Site, and continuously thereafter, you represent, acknowledge and agree that:
a. you are obliged to provide certain personal information about yourself in order to use the Site (including information about your method of payment);
b. you are solely responsible for the payment of any tax applicable;
c. that you are solely responsible for the electronic communications networks and services including Internet access necessary to access and use the Site.
d. that you will always comply with the applicable laws and regulations, namely those regarding spam and that Standard, as an intermediary, shall not be liable in any way for any breach of any laws or regulations.
10. The "Breakfast Club of Canada" and any other trademark, or trade name used by the Breakfast Club of Canada on the Site from time to time (the "Trademarks") are the exclusive property of the Breakfast Club of Canada or a company of the group. These entities reserve all rights vis-à-vis such Trademarks.
11. In addition, the content of the Site, including but not limited to images, illustrations, graphics, photographs, animations, videos, music, audio and text (the "Site Content" ) belong to the Breakfast Club of Canada and are protected by copyright or other intellectual property rights. You, hereby, acknowledge that by using the Site, you obtain no rights in the Site Content or any parts thereof. Under no circumstances may you use the Site Content without the prior written consent from the Breakfast Club of Canada.
12. The Breakfast Club of Canada reserves the right to update or modify all or part of these Terms and Conditions of Use at any time without notice. We recommend you visit the Site regularly and check the current version at that time. Your continued use of the Site will be considered as a declaration of your acceptance for the modifications.
13. These terms of use and any related matters shall be governed exclusively by the laws of the Province of Quebec (Canada) and construed in accordance with them. Each party irrevocably agrees that the courts of the city of Montreal, Quebec (Canada) will have exclusive jurisdiction in relation to any claim or dispute relating to these Terms and Conditions of Use of the Site and any other related matter. Each party irrevocably waives any right of estoppel to an action with the court or to argue that the action was brought to for incompetency or that those courts are not competent.
14. Should any provision of these Terms and Conditions of Use be or becomes illegal, void or whose performance may be granted by a court, it will not affect the validity or enforceability before that court of any other provision of these Terms of use, or the validity or enforceability in other jurisdictions of that provision or any other provision.
15. The Breakfast Club of Canada reserves the right to assign this Agreement, in whole or part at any time without notice. The user cannot assign any of its rights or obligations under this contract.
16. The fact that the Breakfast Club of Canada does not enforce any provision of this contract shall in no event be deemed as a waiver of such provision or any other provision of the contract.
17. This contract expresses the entire agreement between you and ourselves regarding the Site and supersedes any agreement, understanding or previous agreement between you and ourselves.
Updated May 25, 2017.