Last updated: June 2021
Unless specifically indicated otherwise, for purposes of these Terms of Service, “AllGood” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
We are not a Broker, Financial Institution, Creditor or Charity. The Services are administrative platforms only. AllGood facilitates for Donors/Sellers to make donations to Campaigns or Charities (as such terms are defined below) by selling their items or offering services on our Website. AllGood is not a broker, agent, financial institution, creditor, or a non-profit corporation.
The existence of the Services is not a solicitation of donations by AllGood, and we do not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that AllGood shall not be responsible for the use of your donations, or the amount of funds raised for a Campaign or a Charity. AllGood is expressly not responsible for any misuse of your donations by any Campaign, Charity or other third party.
You acknowledge that AllGood has no obligation to you to retain data relating to any account or Campaign. You acknowledge that Allgood reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Campaigns or accounts started by registered or nonregistered Charities, in which case Allgood will provide reasonable notice where possible.
Communications. Communication with us is electronic (unless otherwise specified in these Terms of Service). Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). Once your account is set up, you can log into your AllGood account by using your Facebook or Google accounts. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
AllGood Description of Services. AllGood Services are offered as a platform to allow individuals or businesses (“Donors/Sellers”) to sell items and offer services to other individuals or businesses (“Buyers” or “Buyer”) in exchange for a monetary compensation. This monetary compensation is then donated to a Charity or Charitable Campaign of Donor/Seller’s choice (from the list of participating Charities or Charitable Campaigns) as a monetary donation (“Donation”), subject to any applicable fees. We are also a platform that offers opportunity to Charities and Campaigns to fundraise.
Donors/Sellers, Buyers, Charities, Charitable Campaigns, Beneficiaries and Campaign Organizers will be collectively referred to as Users (“Users”) for the purpose of this Agreement.
For the purpose of this agreement, donors/sellers are entities selling their items or offering services and donating the proceeds of the sale to a Charity or a Charitable Campaign. As a donor/seller you must register on our Website to use our Services. Businesses can post classified ads offering goods and services. However, an individual will have to register with AllGood as a Donor/Seller on behalf of the business.
Please note that all Donations, sales and purchases are at your own risk. When you donate, sell or buy through our Website it is your responsibility to understand how the proceeds of the sale will be used. AllGood is not responsible for any offers, promises, rewards or promotions made or offered by Campaigns. The information on the Charity or Campaign profile tab on our website has been provided to us by participating Charities and Campaigns and we do not guarantee its truthfulness and correctness. We do not and cannot verify the information that Charities or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Charity or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please send an email to firstname.lastname@example.org to alert our team of this potential issue and we will investigate.
Donors/sellers are not permitted to impose restrictions on the use of Donations by a Campaign. Campaigns shall have full discretion to determine how all Donations will be used.
AllGood makes no representation as to whether all or any portion of your Donations, including, if any, payment processor fees, are tax deductible or eligible for tax credits. AllGood will have no liability for any claim by any federal, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Campaign. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
Charity or Charitable Campaign/Cause (“Campaign”) is the entity registering as a participating Charity or Campaign with AllGood. By registering with AllGood, the Campaign becomes a participating Campaign (“Participating Campaign”) and Donors/Sellers can choose from the list of Participating Campaigns on our Website to which they wish to donate the proceeds of their sale. By registering your Campaign with AllGood, you are agreeing to (i) be listed as one of the Participating Campaigns on our Website, (ii) receive the monetary donations, and (iii) pay AllGood a 10% fundraising administrative fee (“Fundraising Administrative Fee”) and applicable taxes from the full amount of each individual donation received, or such other fees that may be implemented by AllGood from time to time. For more information on the Registration process please refer to our Registration Form, Partner Agreement (provided by request) or see “Registration Obligations” section of this Agreement Below. Also see in “Charities” section below for more information.
Campaign Organizer. If applicable, you, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations reasonably believed by Sellers/Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your project; and (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize AllGood and we reserve the right to, provide information relating to your Campaign to Donors/Sellers, Beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (the Income Tax Act in Canada); or (e) your Charity is listed in the Canada Revenue Agency's database of registered charities.
All donations are subject to a Fundraising Administrative Fee and applicable taxes for each donation. All transactions facilitated through AllGood are final. If you have any questions or concerns regarding refunds, please contact customer service at email@example.com .
AllGood does not withhold funds for tax purposes or otherwise (except applicable taxes charged on top of our Fundraising Administrative Fee). Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
Charities in Canada have the option to issue official Donation receipts for Donations received. Charities that do so understand and acknowledge that the Charity is responsible under the Income Tax Act to ensure that all receipts are issued in compliance with applicable laws.
All Canadian registered charities are subject to record-keeping obligations under Canadian law. Each Canadian Charity is responsible to ensure that it maintains such records as are required under applicable law. This includes a requirement to maintain copies in Canada of all official Donation receipts issued and records to verify Donations received. If you are a Charity’s representative, please refer to our Partner Agreement for further Terms regarding participating Charities.
In order to donate sale proceeds to a Campaign or to a Charity, a Buyer will be required to provide information regarding its credit card or other payment instrument (“Payment Instrument”). If applicable, you, as a Buyer, represent and warrant to AllGood that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that all sales and Donations are final and will not be refunded by AllGood.
As a Donor/Seller, you acknowledge and accept that by selecting a Campaign for each individual transaction, proceeds of sale of an item or monetary compensation for any services you post on AllGood will be donated to the Campaign you select on our Website. You understand that the proceeds (subject to any applicable fees) will go to the selected Campaign and you will not be entitled to any proceeds of sale of an item or monetary compensation for any services you post on AllGood.
As a Donor/Seller, it is your responsibility to wait for a confirmation that the transaction has been completed through AllGood Website before delivering, transferring or allowing for a pickup of a posted item or services. AllGood will notify you that payment has been processed to us, but it is your sole responsibility as a Donor/Seller to ensure delivery of items and services has been made only after the payment has been processed and confirmed by us.
Please note that your donation to the Campaign will be made within ONE month of the transaction completion. You will receive a confirmation from us when your Donation is delivered to the Campaign.
AllGood uses third-party payment processing partners to process the transaction (“Payment Processors”). Buyers and Sellers/Donors acknowledge that by processing with transaction they agrees to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners (currently, Stripe, Inc.) in addition to these Terms of Service, including Stripe’s terms of service. Provide links here!
Allgood may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. AllGood is not liable to any User or to any third party for any claims, damages, costs, losses, or other consequences caused by AllGood issuing refunds, including, but not limited to transaction or overdraft fees. For Further details please refer to our Partner Agreement.
By setting up a Campaign or accepting the role of Beneficiary to a Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors in addition to these Terms of Service, including Stripe’s terms of service and Stripe's Connected Account Agreement.
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify or replicate it. This may be done only with written consent from us. You will post in the appropriate category or area and your use of AllGood will not involve any of the following bad things (as determined in our sole discretion):
This list is not exhaustive, and we reserve the right to remove any Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your Campaign, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review.
AllGood reserves the right to refuse, condition, or suspend any Donation, other transactions or communications that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or AllGood, or that expose you, AllGood, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
The Service is offered only to residents of Canada (not including the province of Quebec). The Service may not be appropriate or available for use in other jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
AllGood may, in its sole discretion and at any time, place a hold on a Campaign account (a "Hold"), cancel Campaigns, restrict withdrawals, initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following:
Your Registration Obligations: You may be required to register with AllGood in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Campaign as prompted by the Registration form. Campaign Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Campaign Organizer or the Beneficiary of such campaign. If you are registering on behalf of a Charity or a Campaign, you represent and warrant that you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service (Please refer to our “Partner Agreement” for further terms). You agree to keep registration information current and up to date.
Postings. The Service includes a forum where Users may post and browse postings for goods and services (“Posting”). Such Postings are provided by Users, and not by us. WE DO NOT SELL, RENT OR OTHERWISE MAKE AVAILABLE ANY GOODS OR SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH POSTING, FOR ANY TRANSACTIONS POSTINGS (EXCEPT AS SET FORTH IN THIS AGREEMENT) AND SUCH POSTINGS DO NOT CONSTITUTE AN OFFER FROM THE COMPANY. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING, OR OTHERWISE PARTICIPATING IN ANY TRANSACTION REGARDING A POSTING.
Please note that your posting will expire within ONE month of posting. If the value of the item posted is $5 or less the posting will expire within ONE week of posting. AllGood reserves the right to estimate value of items posted in our sole discretion and for the purpose of enforcing this section of the Agreement. We reserve the right to remove any Posting for any reason at our discretion and without notice or further obligation to you.
The availability of a Posting through the Website does not imply our endorsement of the Posting or the provider. We make no representations whatsoever about any Posting, or any users. Information about and the availability of any Posting are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession and use of the subject of any Posting.
As a Donor/Seller, you represent and warrant that you have the necessary authority and permissions to post any Posting, to enter into any transaction or to make any transfer relating to a Posting, including, if you have not reached the age of majority in your province or territory of residence, by obtaining proper parental or guardian consent (Please refer to our Posting Policies for details).
Please email us at firstname.lastname@example.org to inform us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep Users off AllGood if we think that they are creating problems or acting inconsistently with the letter, spirit of our policies (as may be created or modified from time to time) and these Terms of Service. Upon any such termination or suspension, your right to use the Services will immediately cease, and AllGood may take technical and/or other measures to block your access to the Services. However, whether we decide to take any of these steps, remove hosted content or keep a user off AllGood or not, we do not accept any liability for monitoring AllGood or for unauthorized or unlawful content on AllGood or use of AllGood by users.
Using some of the Services is free but we may charge fees for certain Services. If the Services you use charges a fee, you will be able to review and accept that charge. For instance, a Campaign will be charged a fee for every donation they receive through the sale facilitated by Allgood. This is a Fundraising Administrative Fee in the amount of 10% of the full amount of donation the Campaign receives. We will post changes to our fee policy (including any other applicable fees) by posting such changes on the Website. We reserve the right to change our fees without previous notice. We may choose to temporarily change our fees for promotional events or new Services; these changes are effective when we announce the promotional event or new Service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct Payment Processor to deduct the amount owed from your Payment Processor account balance).
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for AllGood to comply with its obligations under applicable law. To the extent that such information is not provided, AllGood will in its discretion determine and collect appropriate taxes.
As a Donor/Seller, you are solely responsible to collect and remit any and all applicable taxes resulting from the sale of your items or services posted on AllGood.
As a Campaign, you are solely responsible to collect and remit any and all applicable taxes in relation to Donations received (see “Charities” and “Campaign Organizer” parts of this agreement for more information).
While many features of the Services are available across the Website and associated mobile application, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.
The Services contains content from us, you, and other Users (as well as from our third-party service providers). You may submit information that could be used to personally identify you, through Postings, the creation of profile pages, submissions in forums, connection via a social network, message boards, chat, comments, or various other interactive channels of the Website (collectively, the “Content”). You are responsible for any Content submission you make. We have no control over and are not responsible for any use or misuse (including any distribution) by any third party of your Content.
You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us Content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, fully sub-licensable ( through multiple tiers) right, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit each submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). This includes ability to exercise the copyright, publicity, and database rights to that Content. If you believe that your rights have been violated, please notify us and we will investigate the matter.
Without limiting the foregoing, if any Content contains your name, image or likeness, you hereby release and hold harmless AllGood and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your Content (including your name, image or likeness).
Further, if any person (other than you) appears in your Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of AllGood in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or AllGood's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You represent and warrant that you have all right and title necessary to grant the licenses granted in this section, and that your Content, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each submission that you may have under any applicable law under any legal theory. You hereby indemnify AllGood in respect of any claim that may arise in respect of your Content.
You may post Content if it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content must be free of software viruses, political campaigns, commercial solicitation or in any way contrary to these Terms of Service. We reserve the right to remove Content where we have grounds for suspecting the violation of these terms or the rights of any other party.
All information and Content provided by AllGood relating to the Services is for informational purposes only, and AllGood does not guarantee the accuracy, completeness, timeliness or reliability of any such information or Content. No Content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Postings, Campaigns, Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
AllGood has no control over the conduct of, or any information or Content provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor/Seller, must make the final determination as to the value and appropriateness of the item posted for sale or Campaign you chose to donate to.
Some of your activity on and through the Services is public, such as Content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients) (“User Content”). Additionally, user profile information, including your user name and profile picture, may be displayed to other users to facilitate user interaction within the Services. In addition, as a Donor/Seller, you have the option to cross post your postings to other social network platforms such as Facebook, Instagram, etc.
Please be advised that Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that AllGood will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to AllGood a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against AllGood and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services.
You acknowledge and agree that AllGood may preserve Unsolicited Information, as well as Content, and may also disclose your Unsolicited Information or Content 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AllGood, its Users or the public.
Reporting Intellectual Property Infringements. AllGood respects the intellectual property of others, and we ask our Users to do the same. Do not post content that infringes the rights of third parties. This includes, but is not limited to, Content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a posting to AllGood that you believe to be infringing on your intellectual property rights.
Only the intellectual property rights owner can report of potentially infringing items or postings. If you have a good faith belief that a posting on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is send us a notification in writing to email@example.com containing the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
After we receive a complaint, we will send out an acknowledgment email. We reserve the right to share, in accordance with applicable law, the complaint with the third party that originally posted the potentially infringing posting.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. For avoidance of doubt, in no event will AllGood be liable for any infringement of intellectual property and you hereby agree to indemnify AllGood in respect of any of your Content that may infringe, or be alleged to infringe, the intellectual property rights of others.
AllGood has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, AllGood is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
The Services are provided “as is”, “where is” and “as available”. You agree not to hold us responsible for things other users post or do.
You also agree not to hold us responsible for the payment processing of other service providers such as PayPal and Stripe (each a “Payment Processor”). For greater certainty, as applicable, if you link a Payment Processor account to your AllGood Account, you acknowledge and agree that by making payments through AllGood with that Payment Processor, you are bound by that Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services).
To the fullest extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, legal or statutory; including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose, non-infringement, title and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of AllGood, even if you advise us or we could reasonably foresee the possibility of any such damage occurring (see para. below for more details on limitation of liability). ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH ALLGOOD AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) ALLGOOD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, ALLGOOD WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY POSTINGS OR TRANSACTIONS OR TRANSFERS RELATING TO POSTINGS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY DISPUTE WITH ANY OTHER USER OF THE SERVICE; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SERVICE IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (II) TWENTY-FIVE CANADIAN DOLLARS (CDN$25.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH ALLGOOD AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
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 SET FORTH ABOVE MAY NOT APPLY TO YOU.
As most of the material on the Services comes from other Users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement.
We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. AllGood And its affiliates make no warranty or condition that (i) the Services will meet your requirements (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations.
Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at firstname.lastname@example.org with a description of such alteration and its location on the Service.
Indemnity. To the fullest extent permitted under applicable law , you agree to defend, indemnify and hold harmless AllGood and its affiliates and their respective officers, directors, agents, employees, successors and assigns (each an “Indemnified Party”) from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, fees (including attorneys’ fees), actions of any kind and injury (including death) arising out of or relating to a) your use of, or activities in connection with, the Service (including any Donation or Campaign, any User Content, etc.); (b) any Postings, transactions or transfers relating to Postings, or disputes with other Users of the Service; (c) any violation or alleged violation of this Agreement by you and d) any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.
Links to other Websites and Third-Party Materials. Though your use of the Website, you may have access to certain information, products, services and other materials made available by third parties, including Postings and other Content (“Third Party Materials”), or allow for the routing or transmission of such Third-Party Materials.
We do not control or endorse, and are not responsible for, any Third-Party Materials and make not representations or warranties about them. We may not monitor Third Party Materials, and we may block or disable access to any Third-Party Materials through the Website at any time. The availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of Third Party Materials.
YOU USE THIRD PARTY MATERIALS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS OR POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
You acknowledge that AllGood is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Materials. You further acknowledge and agree that AllGood will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Materials.
General rules, Applicable law and Settling of Disputes. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AllGood Inc. These terms and the other policies posted on the Website constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario, Canada, without regard to its principles of conflicts of law and regardless of your location, and the federal laws of Canada applicable therein.
Except where prohibited by law, which may include the province of Quebec, you and AllGood agree to give up any right to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Any controversy, claim or dispute arising out of, relating to, or in respect of this Agreement, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with this Agreement (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration. Other right that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms which is the law of the Province of Ontario, Canada. The arbitration shall be heard in the City of Toronto, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by registered Mail (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”).
We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 90 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If for any reason a claim proceeds in court rather than in arbitration (including steps to enforce an award made by an arbitrator or if this Disputes section is found to be unenforceable), both parties waive any right to a jury trial. In such case both parties submit to the jurisdiction of the courts of the Province of Ontario. Such Disputes under this Agreement shall be submitted to the courts of competent jurisdiction located in the City of Toronto, Ontario, Canada and you irrevocably submit to the jurisdiction of such court.
This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice).
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
59 Lothian Avenue,
M8Z 4K6 Canada
You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified.
AllGood will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. AllGood shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
We reserve the right to make changes to this agreement at any time, in our sole discretion and without notice or further obligation to you.
However, we can also send, at our discretion, notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Updates will take effect when you next use the site or after 30 days, whichever is sooner. Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. Subject to the requirements of applicable law, we may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users. Send questions, comments or complaints to email@example.com .
Mobile Devices Terms. If you're accessing the Services from a mobile device using an AllGood mobile application (the "Application"), the following terms and conditions ("Mobile Devices Terms") apply to you in addition to the applicable Mobile Privacy and Legal Notice (see this section below). Your use of the Application confirms your agreement to these Mobile Devices Terms.
Application Use. AllGood grants you the right to use the Application pursuant to the following restrictions. You may NOT:
(a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application;
(b) rent, lease or otherwise transfer rights to this Application; or
(c) use this Application in any manner that could impair the Application or interfere with any party's use or enjoyment of the Application.
You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the AllGood website (and certain functionality may not be available depending on which Application and/or mobile device you are using). Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
By using the Application, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Application may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your AllGood account information to ensure that your messages are not sent to the person that acquires your old number.
AllGood owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, copy, frame, scrape, rent, lease, loan, sell, distribute, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter AllGood's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.
In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by AllGood from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of AllGood, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by AllGood.
Our trade names, trademarks and service marks include AllGood and any associated logos. The Allgood name and logos are trademarks and service marks of AllGood (collectively the "AllGood Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to AllGood. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AllGood Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Allgood Trademarks will inure to our exclusive benefit.
The App is licensed (not sold) to end Users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by AllGood to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your use. If you fail to comply with any of the terms or conditions of this Agreement, (i) you must immediately cease using the App, (ii) you must remove (that is, uninstall and delete) the App from your mobile device and (iii) you are prohibited from using the App on any mobile device until such time as we grant you explicit permission to use the App again. Please note that if you do not accept the system permissions that the App requires from time to time, you may not be able to use the App or certain of its functionalities. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
In addition, subject to your compliance with this Agreement, and solely for so long as you are permitted by AllGood to use the Website, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
In order to maximize the benefits of this App, please opt-in or modify the collection settings in your phone's privacy settings (where applicable). If you have a question or complaint about this Privacy Notice, our global privacy standards or our information handling practices, then please contact us at firstname.lastname@example.org .
Collection: With your authorization, we may access precise location information from your mobile device to provide you a customized experience. With your authorization, we may access the camera or photo library on your mobile device so that you can do things like post an item.
Use: We may use your information to serve you customized advertising if you allow us. You can opt-out using your device’s setting or by opting out through the AllGood site.
Sharing: Only with your consent will we share your information with third parties to use for their own marketing purposes. We share your information with service providers under contract who help us operate our business and who process your information according to our instruction. We share your information with law enforcement or authorized third parties, to investigate criminal activity or violations of our user agreement.
Protection: We protect your information using technical and administrative security measures designed to reduce the risks of loss or misuse.
Posting Policies. The following activities are prohibited by AllGood:
•Posting an item for sale that is not located in Canada.
•Posting an item for sale that is illegal to own, buy or sell in your area of residence.
•Posting an item for sale that is in the prohibited items and services list.
•Posting duplicate ads in multiple categories.
•Posting ads using multiple different email addresses.
•Posting an ad that serves no other purpose other than to send traffic to a web site.
•Posting an ad containing a list of keywords not directly related to the item being sold.
•Posting an ad in languages other than English and French.
•Posting an ad that contains adult, mature or erotic content. Content that is soliciting any sort of personal relationship is not allowed.
•Posting an ad that defames anyone or contains "hate speech".
•Posting opinions, notices, and discussion topics which should instead be posted on social media sites.
•Posting an ad in an incorrect or misleading category or with misleading information.
•Posting as a Private Seller, Owner, or Individual when you are a Business, Dealer or Professional. If you are a business, the post must be made by an individual representing the business.
•Users must be at least 18 or 19 years old (depending on a province) to post ads on their own. Ads for our younger users must be posted by an adult (parent or guardian) or with adult consent for security reasons. Parent or guardian will consent to enter into this agreement for a minor and agrees to be liable for minor’s acts and omissions.
•Any ads that do not comply with AllGood policies may be removed from the site. Additionally, Users who violate such policies may be blocked from using AllGood in the future. AllGood will determine, in its sole discretion, whether Content complies with AllGood policies.
•We may, at any time, remove an ad if we believe it interferes with the well-being of the community or the spirit of AllGood.
Our general rule is that you may not post, buy or sell items or services that are illegal to own, buy or sell in your province of residence, or that are not bought or sold in compliance with applicable laws and regulations. You are responsible for ensuring compliance with all applicable laws relating to the item you post, buy or sell.
Ad Reply Policy. Even though AllGood does not actively monitor replies sent within our system between users, we reserve the right to delete or ban those who we deem to be using replies inappropriately.
When contacting other users:
• Please treat them with courtesy and respect.
• Please do not reply to ads with unsolicited opinions, comments, or judgements on the content of the ads or about the poster.
• All replies to ads must be in connection to what the ad is offering. Replies regarding other commercial offers are not permitted.
• Abusive ad replies are not permitted. Any replies containing hate speech or defamation are strictly prohibited.
• Impersonating other users, including supplying fake phone numbers is not permitted, and those who are found to be doing so may lose the ability to use AllGood.
AllGood reserves the right to revoke the ability of any users to reply to ads without notice. If you receive a reply that you feel is inappropriate, please report it to our support team.
Prohibited Content. The list below details what can't be posted on AllGood:
While cannabis is now legal across Canada, it remains a controlled substance. As such, we do not allow the direct sale or trade of cannabis or items containing cannabis on the site.
The following items are prohibited:
However, we do allow:
Although we do not allow the sale of Cannabis directly on AllGood, legal distributors may advertise their brand through banner ads.
AllGood does not allow the sale or trade of digital items or accounts on the site. There is often an elevated risk of viruses, copyright infringement, and fraud when buying and selling these types of items. The safety of our community is always our top priority, and as such, we’ve made the decision to prohibit the sale of digital items and accounts.
Due to strict government regulations, we have a policy against the posting of any tobacco products such as loose leaf tobacco, cigarettes and cigars. After careful consideration, and at the request of our user community to keep the site child-friendly, we have also adopted policies against the following:
We also do not allow the sale of E-cigarettes. Health Canada has deemed them potentially dangerous as they are unregulated in Canada. This applies to both nicotine and non-nicotine containing brands.
We do however allow the following: