Terms of Use

Terms and Conditions of Use

Welcome to the Chimp website (the "Site").

By using the Site, which forms part of the Chimp System, or the Services we provide or by making a Donation through the Chimp System, you are agreeing to be bound by these terms and conditions ("Terms of Use") and all applicable laws and regulations.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE CHIMP SYSTEM AND THE SERVICES.

You confirm that you have the legal authority and capacity to accept these Terms of Use.

Chimp is made up of Chimp: Charitable Impact Foundation (Canada) a charity registered with Canada Revenue Agency (the "Foundation"), Chimp Technology Inc. ("Chimp Tech") and Chimp Services Inc. ("Chimp ServiceCo"). In these Terms of Use the Foundation, Chimp Tech and Chimp ServiceCo are collectively referred to as the "Chimp Collective".

The Chimp System is the Site owned by Chimp Tech, together with any technology proprietary to or licensed to Chimp Tech and used by a User, Community Account, Giving Group or One-Time Donor.

Subject to the creation of a Chimp Account, a User (a Person who accepts a Chimp Account Agreement) is permitted access to the Chimp System (in accordance with the terms and conditions in the Chimp Account Agreement) and to use a Chimp Account for the limited purpose of making Donations, making recommendations regarding Disbursements and Transfers, creating of or joining to a Giving Group Account, posting, searching and/or uploading certain information and reviewing certain information posted by one or more of the Chimp Collective other Users, Qualified Recipients, Community Accountor Giving Group Members on the Chimp System and is able to receive additional services and/or premium services offered by one or more of the Chimp Collective from time to time (such permitted access and ability to receive services collectively referred to as the "Services").

The Foundation is a non-share capital corporation incorporated under the Canada Corporations Act and classified by Canada Revenue Agency as a registered charity with Registration #845528827RR0001 and designated as a public foundation under Section 149.1 of the Income Tax Act (Canada), has audited financial statements since its fiscal year end 2011 and has been continued under the Canada Not-For-Profit Corporations Act.

Jump to a section

Chimp Account

A Chimp Account allows a User to use a wide assortment of the Services available on and through the Chimp System and to make charitable donations (a "Donation") to their Chimp Account, to make recommendations regarding the transfer of funds (a "Transfer") from their Chimp Account to one or more accounts on the Chimp System and to make recommendations regarding disbursements (a "Disbursement") from their Chimp Account to registered charities and/or other entities classified as "qualified donees" under the Income Tax Act (Canada) which have been approved by the Foundation as eligible donees (such charities and other entities referred to as "Qualified Recipient(s)").

Anyone wishing to become a User and create a Chimp Account must provide certain information to the Chimp Collective and enter into a Chimp Account Agreement with the Chimp Collective. The Chimp Account Agreement (the “Agreement”) is posted on the Site at Chimp Account Agreement. The Agreement must be reviewed and agreed to by you before you can become a User and create your own Chimp Account.

Back to top

Giving Groups

The Chimp System encourages Users and other interested people to form and/or participate in designated groups on the Chimp System for the purpose of Disbursing to Qualified Recipients as a group and to use the Chimp System and the Services as a group (a "Giving Group"). Users and non-Users may participate in a Giving Group but you must be a User and agree to the Agreement before you start your own Giving Group. Subject to the approval of the Chimp Collective and the Agreement, a User may establish a Giving Group Account.

Back to top

Community Account

A Community Account allows a company, employer, organization or other person or entity (a "Community") to use a wide assortment of Services available on and through the Chimp System and to make Donations to Community Accounts, Transfers to Chimp Accounts and Giving Group Accounts and Disbursements to Qualified Recipients.

Any Community wishing to become approved of to use the Chimp System, the Services, and to make Donations, Transfers and Disbursements must provide certain information to the Chimp Collective and enter into a Community Account Agreement with the Chimp Collective. The Community Account Agreement is posted on the Site at Community Account Agreement. The Community Account Agreement must be reviewed and approved by a Community before it can become a Community and create its own Community Account.

Back to top

Qualified Recipients

A Qualified Recipient Account allows a Qualified Recipient to use a wide assortment of Services made available by the Chimp Collective (whether on and through the Chimp System or through other means) and to receive approved Disbursements from a Chimp Account, a Giving Group Account, a Community Account and/or from a One-Time Donor.

Any Qualified Recipient wishing to become approved of to use the Chimp System and the Services must provide certain information to the Chimp Collective and enter into a Qualified Recipient Account Agreement with the Foundation. The Qualified Recipient Account Agreement is posted on the Site at Qualified Recipient Account Agreement. The Qualified Recipient Account Agreement must be reviewed and approved by the Qualified Recipient before it can create its own Qualified Recipient Account.

Back to top

One-Time Donors

The Chimp System allows a person other than a User to make an approved Donation to a Qualified Recipient or to a Giving Group and to use limited parts of the Services and functionality of the Chimp System (such person a "One-Time Donor").

Upon any Donation made by a One-Time Donor to a Qualified Recipient or to a Giving Group an electronic record of such Donation will be made available to the One-Time Donor via email or other means of communication selected by the Chimp Collective. Neither a One-Time Donor nor any other person may offer and/or accept any tangible benefit or privilege in return for a Donation to any Qualified Recipient or to any Giving Group.

Back to top

Intellectual Property Ownership

Chimp Tech either owns the intellectual property rights, including copyright, or has acquired the necessary permissions, in the information, including all text, HTML (hypertext markup language) code, multimedia clips, images, graphics, icons, JavaScript code and the selection and arrangement of the content of the Chimp System (collectively the "Information"). Unauthorized use by you of the Information may violate copyright, trademark, and other laws. Chimp and the Chimp logo and related names displayed on the Chimp System are the trademarks, service marks or registered trademarks of Chimp Tech. Except as provided for under these Terms of Use, any reproduction of any of these marks without the express written consent of Chimp Tech is strictly prohibited. Except as expressly granted, nothing contained herein shall be construed as conferring any license or right to you under any intellectual property or rights proprietary to the Chimp Collective.

Back to top

Use of Information and Ownership

Chimp Tech grants you a limited license to display, print, download and use the Information provided that you abide by these Terms of Use, do not modify the Information in any manner, plainly display all copyright and other proprietary notices in the same form and manner as on the original and display a statement that the Information is used solely with permission of Chimp Tech.

Back to top

Use of the Chimp System

You agree not to use the Chimp System or the Information for any commercial use, without the prior written authorization of the Chimp Collective. Without limiting the generality of the foregoing, prohibited commercial uses include use of the Chimp System or the Information for the primary purpose of gaining advertising or subscription revenue and/or the sale of advertising on any third party website without the Chimp Collective’s express approval. Prohibited commercial uses do not include using certain Information expressly designated by the Chimp Collective ("Designated Information") in news releases or on third party websites provided that the primary purpose of using the Designated Information is not to gain advertising revenue or compete with the Chimp Collective or any use that the Chimp Collective expressly authorizes in writing.

You agree that you will comply with any request by the Chimp Collective that you take down any Information or Designated Information you post on any website.

Back to top

Use of the Chimp Marks

Subject to your compliance with these Terms of Use, the Chimp Collective grants you a limited, non-exclusive, royalty free, terminable license to use the Chimp trademarks made available by the Chimp Collective (the "Chimp Marks") in association with your Chimp Account, Community Account, Giving Group Account or Qualified Recipient Account and in strict compliance with the Chimp Marks use guidelines (the "Guidelines") as may be posted on the Site from time to time. When using the Chimp Marks you agree to comply with the Guidelines and with all instructions, standards, of quality, trademark specifications and other conditions supplied by the Chimp Collective from time to time.

You acknowledge and agree that you have no rights, title or interest in or to the Chimp Marks, nor any part thereof, except the use of the same as herein set out and that nothing in these Terms of Use shall be construed as an assignment or grant to you of any right, title or interest in or to the Chimp Marks and that all goodwill relating to the Chimp Marks shall accrue to and be the property of the Chimp Collective.

Back to top

Disclaimers

THE CHIMP COLLECTIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE CHIMP COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE CHIMP SYSTEM OR THE SERVICES AND YOU ACKNOWLEDGE AND AGREE THAT THE CHIMP SYSTEM AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THE CHIMP COLLECTIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHIMP SYSTEM OR THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND THE CHIMP COLLECTIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A USER , A GIVING GROUP MEMBER, A QUALIFIED RECIPIENT OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Back to top

Limitation of Liability

YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THE CHIMP SYSTEM OR ON THE SERVICES AND/OR YOUR MAKING OF OR RECEIVING ANY DONATION IS COMPLETELY AT YOUR OWN RISK. YOU AGREE THAT THE CHIMP COLLECTIVE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE CHIMP SYSTEM , THE SERVICES AND/OR ANY INFORMATION STORED, PROVIDED OR OTHERWISE COMMUNICATED BETWEEN YOU AND THE CHIMP COLLECTIVE (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, EQUITY, COMMON LAW OR OTHERWISE) EVEN IF THE CHIMP COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE CHIMP COLLECTIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY, PROPERTY, BODILY, OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CHIMP SYSTEM, THE SERVICES OR YOUR MAKING OR RECEIVING ANY DONATION, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CHIMP SYSTEM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CHIMP SYSTEM, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY INFORMATION, INCLUDING WITHOUT LIMITATION THE CONTENT OF THE CHIMP SYSTEM.

Back to top

Indemnity

You agree to indemnify and hold harmless the Chimp Collective, and its affiliates, and its and their officers, directors, agents, partners and employees from and against any and all claims, demands, liabilities, costs, expenses or damages whatsoever including without limitation legal fees and disbursements on a solicitor and own client basis, resulting directly or indirectly, from your access to or your use of the Chimp System, your use of, reliance on, publication, communication or distribution of any Information, your use of the Services, your making or receiving any Donation or your violation of any law or regulation.

Back to top

Cookies

The Chimp System may utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about Internet activity. Some cookies and other technologies may serve to recall personal information previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, certain portions of the Chimp System may become inaccessible.

Back to top

Third Party Internet Sites

The Chimp System contains links to third party websites that are not under the control of the Chimp Collective. You understand that the Chimp Collective provides these links as a convenience only and the inclusion of such links does not imply that the Chimp Collective endorses or accepts any responsibility for the content or uses of such.

Back to top

Ability to Accept Terms of Use

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use.

Back to top

Privacy Policy

The Privacy Policy posted on the Site forms part of these Terms of Use. You agree to be bound by the Privacy Policy. The Privacy Policy can be viewed at Privacy Policy.

Back to top

Amendments to Terms of Use/Assignment

The Chimp Collective may, in its sole discretion, modify or revise these Terms of Use from time to time without notice and you agree to be bound by such modification or revisions. You should visit this page periodically to review these Terms of Use. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits. You may not assign your rights, obligations or liabilities under these Terms of Use without our express written consent, which may be withheld at our sole discretion. We may assign these Terms of Use and its rights and obligations without your consent or notice to you.

Back to top

General

These Terms of Use and the use of this Chimp System shall be governed by the laws of British Columbia, Canada. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of British Columbia. The Chimp Collective makes no representations that the Chimp System or the Services are available for use in other locations. Those who access or use the Chimp System from other jurisdictions do so at their own volition and are responsible for compliance with local law. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Chimp Collective as a result of these Terms of Use or your use of this Chimp System or the Services. The Chimp Collective shall be excused from performance under these Terms of Use if the Chimp Collective is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms of use by reason of: (a) any provision of any present or future law or regulation, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications or other technological failure or other circumstance beyond the control of the Chimp Collective. The terms, provisions, covenants, and conditions contained in these Terms of Use which, by their terms, require their performance after the expiration or other termination of these Terms of Use will be and remain enforceable notwithstanding the expiration or other termination of these Terms of Use for any reason whatsoever.

Back to top

Content/Reserved Rights

Copyright © 2017 Chimp Technology Inc. of Vancouver, British Columbia, Canada. All rights reserved.

Back to top