TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY WHICH CREATES A LEGAL AGREEMENT BETWEEN YOU (THE “END USER” OR “YOU”) AND PROJECT K(IN)D (PROJECT K(IN)D) AND KIND VILLAGE INC. ("KIND VILLAGE").
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT USE THE SERVICES. IF YOU ACCESS OR USE THE SERVICES, YOU WILL BE ACCEPTING THIS AGREEMENT, AND YOU WILL HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
We may, from time to time, modify this Agreement. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Agreement, you must stop using the Services. The updated Agreement will take effect upon its posting and will apply on a go-forward basis and your continued use of the Services after any such update constitutes your binding acceptance of such changes.
Using the Services. You will post in the appropriate category or area and will not do any of the following bad things:
- violate any laws or our Prohibited Content Policy
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Project K(IN)D or the interests or property of Project K(IN)D users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Project K(IN)D;
- copy, modify, or distribute any other person's content;
- use any robot, spider, scraper or other automated means to access Project K(IN)D and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- Offer or seek out items or services that could cause harm to others;
- bypass measures used to prevent or restrict access to Project K(IN)D.
Abusing Project K(IN)D Services. Please tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Project K(IN)D if we think that they are creating problems or acting inconsistently with the rules and spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Project K(IN)D or not, we do not accept any liability for monitoring Project K(IN)D or for unauthorized or unlawful content on Project K(IN)D or use of Project K(IN)D by users.
Global Marketplace. Without limitation to the rights granted below (see ‘Content’), some of Project K(IN)D features may display posts on other sites that are part of the Project K(IN)D global community or sites in other countries. By using the Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your posts are posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your post if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using the Project K(IN)D Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars or US Dollars depending on where your organization is resident, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal or Stripe to deduct the amount owed from your account balance). Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Project K(IN)D to comply with its obligations under applicable law. To the extent that such information is not provided, Project K(IN)D will in its discretion determine and collect appropriate taxes. You are solely responsible to collect and remit any applicable taxes and reporting requirements resulting from donations or services listed on Project K(IN)D. While many features of the Services are available across the Project K(IN)D websites and their associated mobile applications, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.
Content. The Services contain stuff from us, you, and other users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party. By submitting your application to join Kind Village you grant all permissions and waive your moral rights so as to allow Kind Village to use your logo, trademark, image or likeness on their website, on social media, or in any way related to the activities of the Service. If you choose to revoke these permissions you must do so in writing, via email and send it to firstname.lastname@example.org.
Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content or goods that infringe on intellectual property rights such as copyright, trademark, or patents (e.g. offering counterfeit items for sale). Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. If you are an intellectual property rights owner and you believe there to be an infringement on your intellectual property rights, on a good faith belief, email Project K(IN)D. We reserve the right to share the complaint, in accordance with applicable law, with the third party that originally posted the potentially infringing listing.
Disclaimers and Limitations of Liability. The Services are provided “as is” and “as available”. You agree not to hold us responsible for things you, your agents, your representatives, or other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal and Stripe (each a “Third Party Payment Processor”. For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Project K(IN)D account, you acknowledge and agree that by making payments through Project K(IN)D with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services).
Because most donations and items on the Services come from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, fair market value, durability, fitness for a particular purpose and those arising by statute. PROJECT K(IN)D AND KIND VILLAGE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. PROJECT K(IN)D AND KIND VILLAGE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND PROJECT K(IN)D SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. PROJECT K(IN)D AND KIN VILLAGE INC. WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS.
Limitation of Liability. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Project K(IND, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
FOR CLARITY, UNDER NO CIRCUMSTANCES SHALL PROJECT K(IN)D OR KIND VILLAGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF PROJECT K(IN)D OR KIND VILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIND VILLAGE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID KIND VILLAGE IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification. You will indemnify and hold harmless Project K(IN)D, Kind Village Inc. and all of the affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
End User License. Except for User Content, this online Service and related websites and services, and the information and materials that they contain, are the property of Project K(IN)D and Kind Village Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Project K(IN)D and Kind Village grant you a non-transferable, non-exclusive, license to use the Service and related websites and services, for your use (the “License”). Nothing in the Terms gives you a right to use Project K(IN)D or Kind Village names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the online Service or website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
Feedback. If You provide Project K(IN)D or Kind Village with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), either entity may use such Feedback in the Website or in any other products or services (collectively, "Offerings"). Accordingly, You agree that: (a) Project K(IN)D and Kind Village are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Project K(IN)D or Kind Village, (c) Project K(IN)D and Kind Village (including all of its successors and assigns and any successors and assigns of any of the Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any of the Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Project K(IN)D or Kind Village or any of the other users of the Services in respect of the Feedback.
Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Project K(IN)D and Kind Village shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by Project K(IN)D or Kind Village. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Project K(IN)D or Kind Village of that third party, third party product or service. Project K(IN)D and Kind Village are also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Project K(IN)D or Kind Village endorses or accepts any responsibility for the content or use of such websites, and You hereby release Project K(IN)D and Kind Village from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
Availability & Updates. Project K(IN)D may alter, suspend, or discontinue this Service at any time and for any reason or no reason, without notice. The Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Project K(IN)D may periodically add or update the information and materials on this Service without notice.
Security. Information sent or received over the Internet is generally unsecure and Project K(IN)D and Kind Village cannot and does not make any representation or warranty concerning security of any communication to or from the Service or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Project K(IN)D and Kind Village will not be liable for any loss or damage arising from your failure to comply with these requirements.
General. These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
Project K(IN)D and The Kind Village Inc.
515 Legget Dr., Suite 800
Ottawa, ONK2K 3G4
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to Project K(IN)D Support.
Effective March 1, 2020