Terms and Conditions

Welcome to Club Need! These Terms and Conditions (“Terms”) govern your use of our website, clubneed.org. By using our website, you agree to these Terms. If you do not agree with any part of these Terms, please do not use our website.

Definitions

Here are some key terms you should be familiar with:

  • “Agreement”: This refers to the agreement between Club Need and you for the provision of our Services. It includes all of the terms outlined in this document and any other documents referenced here.
  • “Content”: This is any information that you upload or post to our Services, as well as any information that you provide to us in connection with our Services. This includes your Personal Information.
  • “Intellectual Property”: This covers all of the systems, applications, software code, algorithms, technology, trademarks, brand names, logos, slogans, and other property rights associated with our Services.
  • “Personal Information”: This is any information about an identifiable individual, such as your name, phone number, address, email address, and rating.
  • “Club Need”: This refers to The Club Need Corporation, the provider of our Services.
  • “Services”: This includes our websites (clubneed.org, and others), mobile applications, and any other services provided by Club Need from time to time. It also includes any updates, upgrades, patches, technology, enhancements, data, features, and contents.
  • “You or Your”: This refers to the party entering into this Agreement with Club Need, which includes anyone who has control of the use of our Services and any successors.

User Conduct

By using our services, you agree to follow these simple rules:

  • Personal use only. You may use Club Need’s services solely for your own personal purposes. Please don’t use them for anyone else.
  • Limited license. Your license to use our services is limited. This means you cannot use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense, or distribute, transfer, or dispose of our services, in whole or in part, except as expressly provided by this agreement.
  • No monkey business. Please don’t modify, copy, create derivative works from, reverse engineer, decompile, or disassemble our services. Also, please don’t “crawl,” “scrape,” or “spider” any page of our services or try to obtain the source code. And please don’t distribute viruses or other harmful computer code that might disrupt our services.
  • Compliance with laws. Please don’t download or use our services if doing so is prohibited under applicable laws. And please don’t violate any laws in connection with your use of our services.
  • Fees and taxes. You are responsible for paying all fees that you owe to Club Need. And you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our services.
  • Not impersonate any person or entity, or misrepresent your affiliation with any person or entity

Your Privacy

At Club Need, we value your privacy and want to ensure that your personal information is used and processed in a responsible manner when you use our services. Our privacy policy outlines exactly how we use your information, which can be found at clubneed.org/privacy-policy.

It’s important to note that both Club Need and our account holders, who are typically payment processors, process users’ personal information independently. This means that each party is responsible for the personal information that it processes in providing our services. For example, if a payment processor accidentally discloses a donors name and email address when fulfilling a transaction, the payment processor, not Club Need, will be held responsible for the unauthorized disclosure.

However, in the unlikely event that Club Need and our Payment Processors are found to be joint data controllers of donors personal information, and if Club Need is sued, fined, or incurs expenses, you agree to indemnify us for any expenses, including legal fees.

Rest assured that we take your privacy seriously at Club Need and are committed to protecting your personal information.

Your Community Responsibilities

We’re excited to have you join our community. As a member, it’s important to know your responsibilities when using our Services. By using and accessing our website, you agree to the following terms:

  • You must be 18 years or older to use our Services. If you’re under 18 years old, you’re not authorized to use our Services.
  • You’re responsible for preventing unauthorized access to your account and notifying us promptly of any unauthorized access or use.
  • It’s important to provide complete and accurate information about yourself.
  • You’re responsible for all activity on your account, even if you share it with others. If you’re registered as a business entity, you personally guarantee that you have the authority to agree to these terms on behalf of the business.
  • Your account is not transferable.
  • You’re responsible for all content you post using our Services. This includes names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, and personal information. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.
  • It’s important to protect your password(s) and comply with all applicable local, state, provincial, federal, and foreign laws, including all applicable privacy laws and laws for the protection of personal information.
  • You must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Club Need, another Club Need user, or a third party.
  • You must not use our Services to engage in any deceptive, misleading, illegal or unethical marketing activities or activities that may be detrimental to Club Need.
  • You must not collect, use, or disclose any personal information in connection with our Services unless you have obtained all necessary consents under all applicable laws to do so.
  • You must not attempt to gain unauthorized access to our Services.
  • You must not upload or store any false, misleading, infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights.

Content and Copyright

All content on our website, including text, images, videos, and logos, is owned by Club Need or licensed to us by third-party providers. You may not reproduce, modify, distribute, or display any of our content without our prior written permission.

Intellectual Property

Club Need respects the intellectual property rights of others and expects our users to do the same. All services and intellectual property related to the services will remain the sole property of Club Need. However, we do grant you a limited license to use the intellectual property as part of your use of our services in accordance with our terms of use. Any new programs, upgrades, modifications, or enhancements that we create will also belong to Club Need and its affiliates.

We take pride in our brand, including our name “Club Need,” our trademark phrases, slogans, stories, logos, and designs. These are collectively referred to as “Our Marks.” We kindly ask that you do not use Our Marks without our express consent. However, if you do use Our Marks, please use them only for purposes consistent with our core values — increasing public awareness on eliminating poverty in developing countries. We kindly ask that you do not represent that you have any ownership interest in Our Marks.

Links to Third-Party Websites

Our website may contain links to third-party websites that are not owned or controlled by Club Need. We are not responsible for the content or privacy practices of these websites. We encourage you to review the terms and privacy policies of these websites before using them.

In some cases, you may need to use a third-party product or service in order to take full advantage of our Services. For example, you may need a compatible mobile device to use our mobile apps. If that’s the case, please be aware that the third party may require you to accept their own terms of use. It’s important to note that Club Need is not a party to those agreements – they are solely between you and the third party.

At Club Need, we believe in making a positive impact in our community, but we want to remind you that we are not responsible for any transactions or dealings you may have with third parties. This includes any agreements or disagreements, promises, products, or services between you and any third party. While we cannot control how donations are made or used by any third party, we are always here to help you in any way we can. If you encounter any issues or disputes with a third party, including promised or pledged donations, we kindly ask that you release Club Need (and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers, and members) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Warranties

At Club Need, we strive to provide the best services possible to our valued customers. It’s important to note that while we make every effort to ensure that our Services are top-notch, we do provide them “as is” and without any kind of warranty, whether express or implied.

Please understand that we expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We cannot guarantee that the Services will always be secure or available at any particular time or location. While we strive to ensure that our Services are error-free, we cannot guarantee that all defects or errors will be corrected. Additionally, we cannot guarantee that the Services will always be free of viruses or other harmful materials.

Please be aware that the results of using our Services may not always meet your expectations, and you use them solely at your own risk. Please note that in some jurisdictions, limitations on implied warranties may not apply, so the above limitations may not apply to you.

Donations to Worthy Causes

At Club Need, we’re committed to making a difference in the world by supporting worthy causes. When you donate to a worthy cause through our site or services, you can trust that we’ll ensure your contribution is put to good use.

Under our Worthy Cause Terms and Conditions, approved charity organizations agree that contributions received will be used for the specific benefits stated on the site and services. Although Club Need always retains control over donated funds, we take our responsibility seriously and work closely with approved charities to ensure they use the funds appropriately.

In the unlikely event that a designated charity fails to use funds in the intended manner, Club Need disclaims liability. However, we will take action to rectify the situation by contacting affected donors and, if necessary, forwarding contributions to an alternative organization that can deploy funds to achieve similar intended benefits.

We transfer funds to approved charities in a timely manner. When the accumulated amount of contributions for a worthy cause reaches $500 USD (or a higher amount, if requested and agreed upon by the charity), we transfer the funds to the charity the following month, along with a remittance advice that lists the projects to which the funds must be dedicated. Smaller amounts are held in our account to avoid high bank charges for small transactions.

If funds held for a charity’s account remain below $500 USD for 12 months, we take action to remit the remaining amount to the charity, or if the account balance is less than the cost of the bank transfer, we close the account and remit remaining funds to a selected charity organization. Any interest earned on amounts held temporarily in our accounts is contributed to a worthy cause project selected by the Club Need Board at year-end.

Changes to Our Terms

We want to make sure you’re always in the loop when it comes to using our Services, so we may update our Terms from time to time. If we believe the changes are important, we’ll give you a heads up by either posting the changes on our website or sending you an email or message. We want to make sure you have all the information you need to make an informed decision about continuing to use our Services. Please note that any changes we make will be effective immediately upon posting.

It’s important that you take the time to review and become familiar with any changes to the Terms. By continuing to use our Services, you are indicating that you accept and agree to the updated Terms.

Limitation of Liability

To the fullest extent permitted by law, neither Club Need, nor our employees, directors, officers, shareholders, or contractors shall be liable to You for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. Please note that in no event shall Club Need’s aggregate liability for any damages exceed the greater of one hundred ($100) Dollars or the amount You paid Club Need in the past twelve months.

Please keep in mind that in some jurisdictions, limitations on incidental or consequential damages may not apply. But rest assured, we’re here to help with any questions or concerns you may have.

Indemnification

You agree to indemnify and hold harmless Club Need, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses arising out of or related to your use of our website or your violation of these Terms.

Governing Law

The Terms of our agreement are based on the laws of the province of British Columbia, Canada. This means that regardless of where you live in the world, these laws will apply to you.

If you’re outside of Canada, it’s important to note that you will be contracting with us in Vancouver, British Columbia, Canada. We want to make sure that you’re aware of this and agree to it before you use our services.

In the event of any legal action related to our services, including arbitration, it must be filed and take place in Vancouver, British Columbia, Canada. We believe it’s important to be transparent about these details to ensure that our clients fully understand the terms of our agreement.

Dispute Resolution Policy

At Club Need, we believe that any dispute or claim arising from or relating to our Terms should be resolved fairly and efficiently. To ensure this, we have a Dispute Resolution Policy that outlines the following:

Arbitration: Any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, pursuant to the Arbitration Act [RSBC 1996] chapter 55 (the “Arbitration Act”). The arbitration will be handled by a sole arbitrator, and judgment on the arbitration award may be entered in any court that has jurisdiction.

Individual Basis: Any arbitration under the Terms will take place on an individual basis, and class arbitrations and class actions are not permitted. This means that you understand that by agreeing to the Terms, you and Club Need are each waiving the right to trial by jury or to participate in a class action or class arbitration.

Right to Seek Equitable Relief: Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

Termination

We understand that sometimes things change, and we want you to have the flexibility to manage your account as you need to. If you need to say goodbye to Club Need, you can terminate your account at any time.

On our end, we may need to terminate or suspend your account (and any related accounts) and your access to our Services. We hope we don’t have to do this, but we reserve the right to do so at any time and for any reason. Additionally, we may need to refuse service to anyone, again for any reason.

We may also change, suspend, or discontinue any of our Services at any time, for any reason. We’ll do our best to keep you informed about any changes, but we won’t be liable for any effects that these changes may have on you.

Finally, if you or Club Need decide to terminate your account, please note that you may lose any information associated with your account, including your content. Also, our Terms will still apply even after your access to our Services is terminated or your use of the Services ends.

Our Relationship

Please note that these Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Club Need. You should not represent yourself as having any authority to act for or undertake any obligation on behalf of Club Need.

Assignment

We may assign any of our rights and obligations under the Terms. This Agreement may not be transferred or assigned by You without Our prior written consent, in our sole discretion.

Entire Agreement

The Terms, which include all of the policies that make up the Terms, are the ultimate and final agreement between you and us regarding the Services we provide. In the unlikely event that any part of the Terms is found to be unenforceable, that part will only be limited to the minimum extent necessary so that the rest of the Terms will remain in full force and effect. Our failure to enforce any part of the Terms does not mean that we waive our right to enforce that or any other part of the Terms in the future.

Contact Us

If you have any questions or concerns about our Terms and Conditions, please contact us at

[email protected].

Thank you for using Club Need!