For Fee Structure see Section 6
These terms were last updated January 31st, 2015
2. DESCRIPTION OF YODEL Yodel.org is a fundraising platform that helps people make positive changes in their own lives while raising money for community causes. Payments are all transacted through PayPal. As used herein, “Challenger” is a person responsible for setting up and managing a challenge that encourages online pledges from members or supporters for Community Cause, “Community Cause” can be a charity, not for profit, organized group/society, club or school, “Supporter” is any individual or company that contributes money to an challenge and “User” may be a Member, Administrator, Organization and/or Supporter, “Perks” are any prizes, compensation, services etc offered by a Challenger or Community Cause as an incentive for User participation.
3. SET UP OBLIGATIONS, ACCOUNTS, PASSWORD AND SECURITY In consideration of your use of Yodel, you agree to: (a) provide true, accurate, current and complete information about yourself or Organization as prompted during the set up and later administration processes (such information being the Set Up Data) and (b) maintain and promptly update the Set Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CHT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CHT has the right to suspend or terminate your use of Yodel and refuse any and all current or future use of Yodel (or any portion thereof). CHT is concerned about the safety and privacy of all its Users, particularly children. For this reason, and to be consistent with PayPal’s User Agreement, to donate money to a challenge or cause (be a Supporter), you must meet or exceed the minimum age requirement to register for a PayPal account. You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a challenge at any time for any reason without liability. Each User and his/her parents/legal guardians will also be asked to choose a password and a user name. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CHT immediately of any unauthorized use of your account or any other breach of security. CHT will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CHT or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. If you choose to connect your Yodel challenge to Facebook, you are responsible for maintaining the confidentiality of your Facebook account, and are fully responsible for all activities that occur in your Facebook account as it relates to Yodel. You agree to immediately notify CHT of any unauthorized use of your Facebook account or any other breach of security as it relates to Yodel. CHT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4. PROHIBITED ACTIVITIES In addition to the activities listed in the Conduct section below, Organizations are specifically prohibited from activities that violate the PayPal Acceptable Use Policy and the Yodel Terms of Service. Challengers are also not allowed to act in any way that violates national, regional and local laws related to online commerce. In particular, by example and not limiting the definition in any way, Challengers cannot run online contests, lotteries, raffles, pyramid schemes, gambling activities or any other form of prohibited financial activity using Yodel.
5. CONDUCT In using Yodel, you understand that you are liable for all information, products or services, in whatever form, that you make available to Yodel users. You agree not to use Yodel to: a. upload, post, email, transmit or otherwise make available any Information, products or services, that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a CHT representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through Yodel; e. upload, post, email, transmit or otherwise make available any Information, products or services, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Information, products or services, that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. interfere with or disrupt Yodel or servers or networks connected to Yodel, or disobey any requirements, procedures, policies or regulations of networks connected to Yodel; j. intentionally or unintentionally violate any applicable local, provincial, state, national or international law; or k. stalk or otherwise harass another. You acknowledge that CHT does not pre-screen any Content working in coordination with Yodel, but that CHT and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of Yodel. You acknowledge and agree that CHT may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CHT, its Users and/or the public. You understand that the technical processing and transmission of Yodel, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. When transacting through PayPal it is necessary that Yodel Users be subject to and adhere to the terms of the applicable PayPal User Agreement and PayPal Acceptable Use Policy which contain additional information and requirements in addition to those described below.
6. PAYMENT PROCESSING INFORMATION All Supporter contributions with Yodel are processed by PayPal. i. When transacting through PayPal it is necessary that Yodel Users be subject to and adhere to the terms of the applicable PayPal User Agreement and PayPal Acceptable Use Policy. CHT is not affiliated with PayPal, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true with respect to CHT on the one hand and Yodel Users on the other hand. To the extent that Yodel is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a User of Yodel hereunder does so in conjunction with the services of another service provider, such User will be subject to the other service provider’s terms of service, and neither CHT or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. The terms of this TOU shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of this TOU with respect to Yodel. ii. By using Yodel, all Users agree to PayPal withholding CHT’s convenience fee and making these convenience fees available to CHT. For detailed information on CHT convenience fees see the Fee Schedule section below.
7. FEE SCHEDULE Yodel uses PayPal to collect money from Supporters and transfer it to the Community Cause. For the provision of this service, Yodel charges the Community Cause a fee which is deducted from the Supporter’s donation simultaneously with the deposit of the funds from the Supporter. Take advantage of one of the lowest fees for payment processing in the industry. ▪ Every Yodel challenge is free to set up ▪ Supporters pay no fee ▪ Community Causes pay 5% Yodel fee + PayPal fee* *The PayPal fee is typically 2.9% + 30¢ per transaction or equivalent in the recipient’s choice of currency.
8. REFUND POLICY All fees paid to Yodel in support of a Challenger are considered non-refundable donations to the Community Cause connected to the challenge.
9. FURTHER SERVICE UNDERSTANDINGS Unless explicitly stated otherwise, any new features that augment or enhance Yodel, shall be subject to the TOU. You understand and agree that Yodel is provided AS-IS and that CHT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings. In addition, you agree to the following regarding Perks: i. You are solely responsible and liable for, and must fulfill the Perks as presented on your Yodel challenge; ii. If for any reason you are unable to fulfill a Perk, you will work with the Supporter(s) to reach a mutually satisfactory resolution which may include, without limitation, issuing a refund in a timely fashion; and iii. CHT does not endorse or validate any Perks nor accept any liability or responsibility for the fulfillment or lack thereof of Perks.
10. RAISING FUNDS ON BEHALF OF OTHER ORGANIZATIONS From time to time, Users desire to raise money on behalf of non-profit, business or political Organizations. To comply with federal, provincial and local laws, the User must provide CHT and PayPal with proof that the Organization has clearly authorized the User to act on its behalf. To apply to accept funds on behalf of another Organization, the User must submit by email to PayPal and CHT a Letter of Subordination on letterhead from the Organization and signed by an authorized Officer of that Organization that expressly grants the User the right to fundraise on behalf of the Organization. Copies of the documents should be sent to: email@example.com and compliance@Yodel.org.
11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. International Users are also advised that cross-border payment incur additional costs to Yodel and PayPal. These costs are recovered by a surcharge (described in the Yodel Fees section above) on all transactions to each individual campaign for that Organization that is authorized to accept cross-border payments.
12. INDEMNITY You agree to indemnify and hold CHT, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through Yodel, your use of Yodel, your connection to Yodel, your violation of the TOU, or your violation of any rights of another.
13. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Yodel, use of Yodel, or access to Yodel, other than as provided within the scope of Yodel.
14. MODIFICATIONS TO SERVICE CHT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Yodel (or any part thereof) with or without notice. CHT will not be responsible to you for refund, in whole or part, of convenience fees for any reason. You agree that CHT shall not be liable to you or to any third party for any modification, suspension or discontinuance of Yodel.
15. TERMINATION You agree that CHT, in its sole discretion, may terminate your use of Yodel, and remove and discard any Information within Yodel, for any reason, including, without limitation, for lack of use, failure to timely pay any convenience fees or other moneys due CHT, or if CHT believes that you have violated or acted inconsistently with the letter or spirit of the TOU. CHT may also in its sole discretion and at any time discontinue providing Yodel, or any part thereof, with or without notice. You agree that any termination of your access to Yodel under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CHT may immediately deactivate or delete your Information and/or bar any further access to such files in Yodel. Further, you agree that CHT shall not be liable to you or any third-party for any termination of your access to Yodel.
16. LINKS CHT may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CHT has no control over such sites and resources, you acknowledge and agree that CHT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CHT 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 site or resource.
17. PUBLISHING AND COMMUNICATIONS By publishing their challenge, users agree to their challenge images, videos, text or excerpts being made available for discovery in our Yodel Find pages as well as their appearance in Yodel communications or promotions.
18. CHT’s PROPRIETARY RIGHTS You acknowledge and agree that Yodel and any necessary software (Software) used in connection with Yodel contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through Yodel is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CHT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Yodel or the Software, in whole or in part. CHT grants you a non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Yodel. You agree not to access Yodel by any means other than through the interface that is provided by CHT for use in accessing Yodel.
19. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF YODEL IS AT YOUR SOLE RISK. YODEL IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. CHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. CHT MAKES NO WARRANTY THAT (i) YODEL WILL MEET YOUR REQUIREMENTS, (ii) YODEL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF YODEL WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YODEL WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YODEL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHT OR THROUGH OR FROM YODEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE YODEL; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM YODEL; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON YODEL; OR (v) ANY OTHER MATTER RELATING TO YODEL.
21. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL CONVENIENCE FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
22. RELEASE IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
23. NOTICE Notices to you may be made via either email or regular mail. CHT may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on Yodel. Our mailing address is: Copper Hut Technologies Inc., Box 718 Rossland, BC, Canada V0G 1Y0
24. TRADEMARK INFORMATION CHT, trademarks and service marks, and other CHT logos and product and service names are owned by and /or trademarks of CHT (the CHT Marks). Without CHT’s prior permission, you agree not to display or use in any manner, the CHT Marks.
25. GENERAL INFORMATION A. Entire Agreement. The TOU constitutes the entire agreement between you and CHT and governs your use of Yodel, superseding any prior agreements between you and CHT. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software. B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the Province of British Columbia, Canada as such laws are applied to agreements entered into and to be performed entirely within British Columbia by British Columbia residents. C. Arbitration. Any controversy or claim arising out of or relating to the TOU or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules observed by the Arbitrators Association of British Columbia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Rossland, British Columbia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and CHT agree to submit to the personal jurisdiction of the courts located within the city of Rossland, British Columbia. Either you or CHT may seek any interim or preliminary relief from a court of competent jurisdiction in Rossland, British Columbia necessary to protect the rights or property of you or CHT (or its agents, suppliers, and subcontractors) pending the completion of arbitration. D. Invalid Provisions. The failure of CHT to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. E. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Yodel or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.