TERMS & CONDITIONS

Important

Using our website “everypenny.fund” (“Website” or “Site”), including hosting a fundraising campaign or making a donation with our designated fundraising system, signifies your assent to these terms and conditions (“Agreement”, “Terms and Conditions”, or “Terms”) of Every Penny Fundraising. If you do not agree to these Terms, please leave this Website or do not make any donations. We reserve the right to make changes and corrections at any time, without notice, to this Site. You agree to check these Terms and conditions periodically for changes. Your use of this site or services following the posting of changes to these Terms and conditions will mean that you accept those changes.

General

These Terms and Conditions are binding between Every Penny Fundraising (“I”, “we”, “us” and “our”) and the person, people, or organization visiting the premises, hosting a fundraising campaign or submitting a donation with us (“you”, “your”, “group”, “organization”, “donor”).

Capacity to Act

By having a fundraising campaign or making a donation through us, you warrant that you are 21 years of age or over, you have authority to bind your group if applicable, and you have the capacity to act in accordance by law and you are not legally disqualified to enter into agreement as provided by law.

Copyright Infringement & Digital Millennium Copyright Act

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), you are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the internet. We assume no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes. If we are notified that such prohibition occurred before, during or after your fundraising campaign, you will be billed for any fees, penalties, or other costs opposed on us due to such action, in addition to all costs required to reinstate our internet service. In the event our service provider terminates our service and refuses to reinstate our service due to such prohibition, you will also be billed for any lost income due to cancelled reservations resulting from a lack of internet service on the premises for up to two weeks from the date of loss of service, or until new service is obtained, whichever occurs first.

Attorney’s Fees

In the event that it is necessary to retain an attorney to enforce these Terms, the prevailing party shall be entitled to reasonable attorney’s fees & count costs required to do so. All legal proceedings must take place in court location designated by us.

Waiver

All rights given to us by this agreement shall be cumulative in addition to any laws that exist or might come into being. Any exercise of any rights by us or failure to exercise any rights shall not act as a waiver of those or any other rights. No statement or promise by us shall be binding unless it is put in writing and made a specific part of this agreement. By placing a reservation with us, you hereby state that all questions about this Rental Agreement have been answered, that you fully understand all the provisions of the agreement and the obligations and responsibilities of each party, and spelled out herein. You further state that you agree to fulfill your obligations in every respect or suffer the full legal and financial consequences of your actions or lack of action in violation of this agreement. You accept the conditions on behalf of the party who will reside on the property on whose behalf we are duly authorized to make this agreement.

Privacy Policy

This privacy policy sets out how we use and protect any information that you give us when you use this Website. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from April 21, 2023.

We may collect the following information:

  • Name
  • Contact information including email address
  • Demographic information such as postal code, preferences and interests; or
  • Other information relevant to customer surveys or offers

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping
  • We may use the information to improve our products and services
  • We may periodically send promotional email about new products or services, special offers or other information which we think you may find interesting using the email address which you have provided
  • We may contact you by email, phone, fax or mail. We may use the information to customize the Website according to your interests; or
  • We will not sell, distribute or lease your personal information to third parties

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Cookies

By using this site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you access the site in the future. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

Statute of Limitations

Regardless of any statute or laws to the contrary, you must file any claim or cause of action arising out or related to the Website within (1) one year after such claim or cause of action arose or be forever barred. This section shall survive termination of this agreement.

General

  1. If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall no way affect any other provision of this Agreement, the application of the provision in any other circumstances or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.
  2. You have read, fully understood all the Terms and Conditions of this Agreement.

Donations

General

All donations made on this site are to be considered unrestricted donations.

Refunds

All donations are final.  Because an active fundraising campaign can end at any time, resulting in collected donations being dispursed to the campaign owner, refunds, whole or partial, will not be issued.

Our Fees

A percentage based on the amount of the donation is automatically added to the donation amount to cover our costs, including but not limited to payment processing fees, platform fees and web hosting fees.  The fee amount is disclosed to the donor upfront before the donor confirms and submits their donation to the site.

Entire Agreement

These terms and conditions constitute the entire agreement between you and us in relation to your visiting or making reservations through this Site. No additional provisions are expressed nor implied. This Agreement supersedes any all previous oral and/or written, express and/or implied agreements. By visiting this site or making any reservation, YOU HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT and ACCEPT ALL TERMS, CONDITIONS, COVENTANTS AND RESTRICTIONS, and WITHOUT EXCEPTION.