The following terms and conditions of use (the "Terms of Use") contain the terms and conditions that apply to you and your access and use of the Website, the policies, conditions and notices set out on the Website and the information, tools, products and services available on the Website, if any (collectively, the "Website"). The Website is operated by Exaltaction (hereinafter referred to as "Exaltaction", "we", "us" or "our").
Your use of the Website (and any other feature, content or application offered by the Website) is, at all times, subject to these Terms of Use, as they may be amended by us, at our sole discretion, and to all applicable laws, rules and regulations. We recommend that you read these Terms of Use carefully.
Exaltaction's services are offered as part of a Website that allows a student or future student (the "Beneficiary") to launch a fundraising campaign (the "Fundraising Campaign") on the Website to receive monetary donations (the "Donations") from contributors (the "Contributors") to finance the Beneficiary's educational project. No goods or services will be offered to Contributors in exchange for their Donation.
For the purposes of these Terms of Use, it is understood that the educational project means the post-secondary academic and financial plan, specifying the choice(s) of post-secondary educational institutions, the desired field(s) of study and the year in which the post-secondary studies will begin, by the Beneficiary and for which the said Beneficiary wishes to collect Donations through the Fundraising process (the "Educational Project").
By accessing or using any part of the Website you agree to be bound by the following Terms of Use. If you do not agree to all of the Terms of Use, you may not access or use the Website. These Terms of Use apply to all users of the Website, including, but not limited to, users who are browsers, Recipients, Sponsors and/or content contributors.
We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on the Website.
It is the user's responsibility to periodically check this page for changes. If you have created an account or subscribed to our newsletter, we will notify you by email if these Terms of Use are changed. Your continued use of or access to the Website following the posting of changes constitutes acceptance of those changes.
By accessing and using the Website and the services provided, you represent and warrant that: (a) all information you submit is true and accurate; (b) you will maintain the accuracy of such information; (c) you are of legal age in the country, province or state in which you reside; and (d) your use of the Website does not violate any applicable law, rule or regulation.
The content and information we post on the Website may be used by you only for informational, personal or other purposes authorized by us. We reserve the right to refuse service to anyone for any reason at any time.
You are prohibited from using the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Website, and Exaltaction may suspend or terminate any account making unauthorized use of the Website. Any illegal or unauthorized use of the Website may result in appropriate legal action. We may remove any unauthorized content, links, etc. without notice. Examples of unauthorized, illegal or unlawful use of the Website include, but are not limited to:
Some of our services can only be accessed by creating an account on our Website. In order to create a Study Project, launch a Fundraiser or make a Donation on Exaltaction, you must create an account on our Website and provide the information requested during the creation of this account.
The submission of personal information through your account is governed by our Privacy policy. In addition to any rights or remedies we may have under these Terms of Use or applicable law, we may limit, suspend or terminate your access to the Website or other platforms (including, without limitation, your account) at any time, with or without notice, and with or without cause. We may also report any information about illegal activities, including your identity, to the appropriate authorities.
Creating and maintaining a Beneficiary account requires the Beneficiary to register by providing all information that is necessary to access and use our Website such as your name, personal identifier, place of residence, mailing address, email address or telephone number (the "Identifying Information"). Following the creation of the Recipient's account, the Recipient will be required to upload proof of enrollment in a post-secondary educational institution for the upcoming calendar year, in addition to keeping his/her account current.
Exaltaction only offers management and administration services for Donations. You acknowledge that Donations are made at your own risk. We cannot guarantee the tax consequences of your donation. We are not responsible for any requests made to you by tax authorities regarding Donations offered or received on the Website. Donations are given priority to the desired project, but Exaltaction cannot guarantee that the Donations will be used in accordance with the purpose of the Fundraiser, and cannot guarantee that a Fundraiser will receive Donations or a certain amount of Donations.
Donations made on the Website by Contributors are paid directly to Exaltaction, and not to the Fundraiser or the Beneficiary targeted by Contributors. Once the conditions detailed in Article 7 hereof (the "Conditions") have been met, Exaltaction shall pay the Donations to the Beneficiaries or to any individual or legal entity that is to receive the Donations as part of the Study Project in the form of scholarships paid monthly or according to the terms and conditions agreed upon with Exaltaction, as well as through the payment of school fees made directly to the institution. Donations are allocated in priority to the Fundraisers for which Contributors have made Donations. However, Exaltaction reserves the right to allocate or reallocate the Donations to other fundraising activities, including, but not limited to, in the following cases: (a) the Beneficiary does not send any proof of enrolment to the university after three (3) years following the start of the Study Project or according to the terms set by Exaltaction; (b) the Beneficiary stops his or her Study Project for any reason whatsoever (including illness and death). Exaltaction may also use the remaining Donations in accordance with these Terms of Use. At the request of a Contributor or a Beneficiary, we will indicate whether all or part of the Donations received for the Beneficiary's Study Project have been allocated to another Study Project, without however specifying which Study Project it is. Contributors may not request a refund of their Donation for any reason, including, but not limited to, the allocation of their Donation to a Study Project other than the one for which the Donation was made. All Donations are subject to a Transaction Fee for each donation.
When a Beneficiary whose account is active and up to date wishes to start the payment of scholarships with the Donations received as part of his or her fundraising for his or her Study Project, he or she must contact us and indicate:
We are in no way obliged to accept a Beneficiary's request for the allocation of Donations or for the amount requested. We may at any time decline such a request from a Beneficiary in our sole discretion. We are not required to provide any explanation for our refusal to allocate Gifts. To the extent that the allocation of the Donations is accepted, we will send confirmation of the allocation of the Donations to the Recipient by email.
When you launch a Fundraiser on the Website you agree that:
You do not offer any goods or services to a Contributor in exchange for a Donation to your Study Project.
The Website may provide you with links or other access to other third party websites, services, products or content ("Third Party Sites"). Exaltaction does not endorse, monitor or have any control over such Third Party Sites.
You acknowledge and agree that we provide access to these Third Party Sites on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of optional third party sites. You acknowledge and agree that you access such third party sites at your own risk and that you are solely responsible for your own independent judgment regarding your use of or interaction with such sites. We recommend that you read the Terms of Use and privacy policies of each third-party site you access.
All Donations made in connection with your use of our website are processed on an external server. Exaltaction does not process any payments. The processing of payments is handled by a payment processor of which you will be informed at the time of the transaction. When you make your Donation, you will be redirected to the website or platform of our payment processor. The amount of your Donation will be indicated and by agreeing to pay with the payment method you have selected, you are accepting the amount and authorizing the payment processor or Exaltaction to debit the amount. You must make the entire Donation in one lump sum at the time of payment. You understand that we will have no liability for the use of our payment processor and that you must agree to each of the terms, conditions and policies that the payment processor requires you to accept in order to complete a transaction on our Website.
At the time of payment, you must ensure that all of your information, including your billing address and payment method, is accurate and true. If you provide us with incorrect information, we will not assume any responsibility.
We will collect and store your payment information in accordance with our Privacy Policy. The privacy policy of our payment processor will also apply.
We will provide you with a receipt each time you make a Donation while using our Website.
You must ensure at all times that your registered payment methods are complete, accurate and up-to-date. In the event of a potential or actual breach of security of your account, you must contact Exaltaction and/or the payment processor immediately.
If your payment is not accepted by our payment processor, you will not be able to make the desired donation. If our payment processor validates the payment but you are ultimately unable to make the payment, you authorize us to collect the payment by any means available to us, including debiting another payment method to your account, seeking legal counsel, requesting the applicable payment processor to deduct the amount you owe from your balance, or by any other means available to Exaltaction under applicable law.
The entire content of the Website (including, without limitation, text, graphics, icons, images, clips and software) (the "Website Content") is protected by copyright, trademark and other laws. Such Website Content is intended solely for the personal, non-commercial use of Website users. No right, title or interest in any downloaded materials or software is transferred to you as a result of any use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Content, the Website or any related software. The names, logos, slogans, icons and trademarks on the Website are copyrighted. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. All rights in the Website, its content, services and products are reserved.
These Terms of Use will remain in effect for as long as you use or access the Website or have an account on the Website.
We reserve the right to terminate these Terms of Use in our sole discretion, without cause and without notice. We may also terminate these Terms of Use if, in our sole judgment, you fail to comply, or we suspect that you have failed to comply, with any term or provision of these Terms of Use. If we terminate these Terms of Use, you will remain liable for all amounts due up to and including the date of termination; and/or as a result, we may deny you access to our services or products (or any portion thereof).
You agree to indemnify, defend and hold harmless Exaltaction and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party (including, without limitation, any breach of your representations and warranties set forth herein).
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE WEBSITE, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ITS CONTENT AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ERRORS CONTAINED THEREIN. THIS DISCLAIMER IS AN ESSENTIAL PART OF THESE TERMS.
IN NO EVENT SHALL EXALTACTION, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCTS OR SERVICES) POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
The provisions of the Terms of Use constitute the entire agreement between Exaltaction and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. If any provision of the Terms of Use is found to be unenforceable or invalid, such provision shall be limited to the minimum extent necessary or eliminated so that the Terms of Use shall remain in full force and effect and enforceable. Any ambiguity regarding the interpretation of the Terms of Use shall not be construed against us. You may not assign the Terms of Use or your rights and obligations under them without our express written consent. We may assign the Terms of Use and our rights and obligations under them without notice. Our failure to exercise or enforce any right or provision of the Terms of Use shall not be deemed or construed as a waiver of such right or provision.
The Terms of Use shall in all respects be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the laws of Canada applicable therein.
If you have any questions regarding the Terms of Use, please contact us at contact@exaltaction.com.
