Terms of Use

Last Updated: October 1st, 2021

These Terms of Use (the "Agreement") govern the use of www.fanraise.ca. FanRaise Technologies Inc. (“Fanraise”). Fanraise provides a web-based software application (the “Platform”) for non-profit and/or charitable organizations (the “Organizer”) to create and manage Sports Pool Fundraisers (the “Pool”). Those who choose to participate in the Pool (the “Participant”) can purchase a ticket on the Platform giving them a chance to win the weekly prize for the duration of the Pool.

If you do not agree to these Terms of Use for any reason whatsoever, immediately stop using the platform and any other services provided by Fanraise.

Revisions

Fanraise may, at any time, with or without notice to you, make changes to this Agreement. If the changes made include any material changes that effect your rights and/or obligations, Fanraise will take reasonable steps to notify you of the changes. Your continued use of the Platform means that you accept and agree to be bound by the Agreement as amended.

Applicable Law and Jurisdiction

This Agreement is governed by the laws of the Province of British Columbia and any applicable federal laws of Canada. You agree that any claim or dispute against Fanraise must be resolved by a court located in Vancouver, British Columbia, unless otherwise agreed by the parties.

Restrictions

By organizing, promoting, or having any other involvement in the operations of the Pool (the “Representative”), the Representative confirms that they are of sufficient legal age to engage in gambling activities in the province the Pool is operating and are acting in compliance with any applicable laws and gambling regulations. By choosing to participate in a Pool, the Participant confirms that they are of sufficient legal age to engage in gambling activities in the province the Pool is operating in, and are located in the province where the Pool is operating at the time of purchase.

Organizing or Participating in a Pool

By choosing to organize or participate in a Pool, you acknowledge and agree that the Organizer is solely responsible for the management and operation of the Pool in accordance with applicable laws, gaming regulations, and the official rules that govern the Pool. The Organizer, in accordance with this Agreement, applicable laws, gaming regulations, and official Pool rules, is solely responsible for managing the Pool including:

    1.  Obtaining any applicable permits, licenses, and authorizations including but not limited to licensing required by the gaming regulator for the jurisdiction, prior to operating a Pool;

    2.  Contacting and verifying Pool winners and distributing the weekly prizes;

    3.  Responding to any communications from Pool participants in a prompt, accurate, and reasonably detailed manner;

    4.  Issuing and/or authorizing refunds to participants if applicable and as required;

    5.  Notifying Fanraise and all Pool participants, of any modifications, delays, or cancellations of the Pool, including: the weekly prize(s), significant Pool dates, timelines, and any other material aspect of the Pool;

    6.  Complying with all applicable gaming regulations, requirements, laws, the Pool rules, and this Agreement at all times;

    7.  Complying with the Fanraise Privacy Policy and all applicable laws related to the collection, use, disclosure and processing of personal information;

    8.  Any other responsibilities associated with operating and managing a Pool.

Fanraise does not represent, warrant, or guarantee that the Pool complies with applicable laws or that Fanraise provides advice to Clients in relation to the operation of any Fundraiser in compliance with applicable laws.

Payments

In order to process payments on the Platform, Fanraise uses Stripe, a PCI-compliant third-party payment processor. Your payment will be processed by Stripe in accordance with its terms of use and by choosing to participate in a Pool by purchasing a ticket, you agree to the terms.

Limitation of Liability

FanRaise Technologies Inc. and its directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Platform.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Fanraise. Fanraise has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Fanraise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Indemnity

Except where prohibited by law, by using this Platform you indemnify and hold harmless Fanraise and its directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Platform or your violation of this Agreement.

Severability

If at any time any of the provisions set forth in this Agreement are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from this Agreement. All other provisions will not be affected by the removal and the rest of this Agreement will still be considered valid.

Contact Details

For all inquiries related to this Agreement or the Platform in general, please contact us at info@fanraise.ca.