Last update: April 23, 2020
Thank you for visiting www.fundjourney.com (the “Website”). The following terms and conditions (the “Terms and Conditions”) describe the terms on which Fund Journey Inc. (hereinafter referred to as “Fund Journey”, “Company”, “we”, “us”, or “our”) provides you with access to the Website and the service provided through the Website (the “Service”).
1. Service Description
The Service is intended to allow project creators (each, a “Project Creator”) to fund one or more projects (each, a “Project”) through phases determined by the Project Creator, in order to give time to the Project Creator to develop and showcase each phase as it reaches completion and to permit contributors (each, a “Contributor”) to financially contribute to the Project and have the choice to further fund the Project through contributions (each, a “Contribution”) as phases are completed.
2. Use of the Website
You must access and use this Website in a manner that, in Company’s sole discretion, is consistent with the purpose of this Website. As a condition of your use of the Website and/or the Service, you agree not to engage in any legal or illegal activity that harms Company, its mission or its partners. Any use of the Website or the Service or any other action that causes a disruption in Company’s mission, threatens or compromises the security of Company, its partners or Company’s mission, whether directly or indirectly, is strictly prohibited. Not limiting the foregoing, you shall not use this Website and/or the Service in any way that would interfere with its operation or that would infringe intellectual property laws or violate any other applicable laws.
3. Account Creation
You can browse the Website without creating an account, but you need to create an account to use the Service's features, as Project Creator or as Contributor. The information you provide us by creating your account must be accurate and complete. You are responsible for all activities related to your account and you must ensure the confidentiality of your account's credentials and password. To use the Service and to create an account, you must be a Canadian resident and have reached the age of majority in your province or territory of residence.
Fund Journey reserves the right, at any time, to cancel an account or to refuse to offer the Service to anyone, at its sole discretion. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service or any part thereof 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.
4. Project Creator
As Project Creator, you have an obligation to make every reasonable effort required to complete the Project and to fulfill all commitments you have made to the Contributors. Once you have set the phases for your Project, you will not be able to change the details of such phases, including percentage, name and delivery dates, although you may have limited capacity to edit phase descriptions.
As a Project Creator, you are responsible for all Project costs and expenses and for paying any taxes related to your use of the Service or your receipt of any Contribution.
Fees are payable to Fund Journey for the Service. Such fees are set out on the Website (currently set at 5% of the Contributions and subject to change). Such fees will be payable to Fund Journey by the Project Creator and will be retained from each transaction.
As a Project Creator, you hereby represent and warrant to Fund Journey that (i) all information you provide in connection with a Project is accurate, complete, and not misleading; (ii) all funds received will be used solely as described in the materials that you post or otherwise provide; (iii) you do not and will not infringe the rights of any third party; (iv) you will comply with all applicable law and financial reporting obligations; (v) any information you provide to Fund Journey is complete, accurate and up-to-date; (vi) to the extent that you collect, use or disclose any personal information for any purpose, you will obtain the consents of each individual concerned for such purpose; and (vii) you are a resident of Canada and have reached the age of majority in your province or territory of residence. You hereby grant to Fund Journey a worldwide, non-exclusive, royalty-free, perpetual license to use any content that you post on the Service for the purpose of the Service.
You may not offer any equity investment, a share of revenue or another investment opportunity to Contributors.
You may elect to stop receiving Contributions under a Project; you should consider this decision carefully prior to proceeding with such election since it cannot be reversed.
The Contributor undertakes to support all phases of a Project, but the payment for each phase will not be debited until the start of the relevant phase. As a Contributor, you recognize that neither Fund Journey nor the Project Creator guarantees that the Project will be completed as planned or on time. The dates given for each project are an estimate only and do not bind Fund Journey or the Project Creator.
As Contributor, you must provide payment information when committing to a Project and you agree to pay, at the date of the beginning of each phase as set out on the Project page, the Contribution amount you undertook to contribute for such phase of the Project. As Contributor, you agree that payment for such phase will be automatically charged to the mode of payment selected by the Contributor, on the basis of the payment information you provided. If a payment fails, you will not be able to receive the deliverables from your Contributions. You are responsible for ensure that the payment method you have selected is functioning and that all related information is accurate at the time of any payment. If you have opted to receive email communications through your email preferences, Fund Journey will use reasonably commercial efforts to send you an email notifying you of the payment approximately five (5) days prior to such payment being charged.
As Contributor, you may decide to stop contributing to a Project. In such a case, no payment will be charged to you for future phases of the Project but you will not be entitled to a refund of the amounts already paid and you forego any other benefits related to the Project. Contributors may not change their existing Contributions to a Project, but may be able to make new Contributions.
Before making any decisions regarding any Project or any Contribution, 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 Service is at your own risk and any Contribution is at your own risk.
6. Processing of Contributions
Contributions will be collected through third party payment processing services providers that will charge fees for each transaction (currently set at 3.5% plus $0.30 per transaction, and subject to change). Fund Journey is in no way responsible for the acts of any such service providers. Fund Journey will not store your payment information but may store tokens from third party payment processing services providers in order to facilitate payments.
It may not be possible to collect some Contributions, which may reduce the amount of funding obtained by the Project Creator or cause a Contributor to fail to make a Contribution in a timely manner, and Fund Journey disclaims any responsibility in this respect.
The Service is provided as a platform only. We are not a financial institution, an investment or financial advisor or broker. All information and content provided by us in relation to the Service is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness or reliability of any such information or content, which is not intended to provide financial, legal, tax or other professional advice. Fund Journey does not have the obligation to control or verify the information provided in relation to any Project and disclaims any liability in this respect, but reserves the right to review the content of any Project and to refuse or terminate any Project that it considers inappropriate, offensive or illegal, at its sole discretion. Fund Journey does not guarantee that any Project will obtain a certain amount of Contributions and disclaims any liability or responsibility for the outcome or success of any Project.
8. Intellectual Property
The content included in this Website, including but not limited to: text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips and other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Website or through the Service (the "Content"), is provided for informational purposes only and is subject to the legal protections outlined below.
The Website and all intellectual property rights associated with the Service, the Website and its Content are owned by Company or its affiliates, licensors, suppliers, representatives or agents. Company and its affiliates, licensors, suppliers, representatives or agents reserve all their intellectual property rights which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. Company grants you a limited non-exclusive, non-transferable and revocable license to access and use this Website and the Content only to display on your own computer and to print a copy of the Content for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of Company. You may not assign, sub-license or otherwise transfer any of your rights and obligations in this these Terms and Conditions to any other person. Nothing in these Terms and Conditions grants you any rights in the Website other than as necessary to enable you to access and use the Website. You agree not to try to circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Content. Company does not warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.
Any trademarks and logos displayed on this Website or through the Service are registered and unregistered Trademarks of Company, its affiliates, licensors, partners or agents (collectively the "Trademarks"). Nothing contained on this Website or the Service should be construed as granting, by implication, or otherwise, any license or right to use any Trademark without the written permission of Company or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, through the Service, or any other Content, except as provided in these Terms and Conditions, is strictly prohibited.
9. User Submissions and Site Content Standards
As a condition of your access and use of the Website and/or the Service you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other users or other persons (collectively, "User Submissions"). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
b. Grant of License
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
10. Monitoring and Enforcement, Suspension and Termination
Company has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
Company reserves the right, at its sole discretion, to (i) determine if the Website is being used for any of the foregoing prohibited activities and to (ii) to terminate or suspend access to this Website at any time without notice and for any reason whatsoever. Violation of these Terms and Conditions may result in civil liability, and Company in its sole discretion, may investigate incidents that are contrary to these Terms and Conditions and provide requested information to third parties who have provided notice to Company stating that they may have been harmed by your failure to abide by these Terms and Conditions. Company may bring legal action to enjoin violations and collect damages caused by any violation of any part of these Terms and Conditions and you agree to indemnify and hold Company and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms and Conditions by you or users of your account, or in any way arising out of the use of this Website. No failure by Company to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy.
12. Disclaimer of Warranties
Company intends for the Content on this Website to be accurate and reliable, however, this Website and the Content are provided to you on an "as is" and "as available" basis and without warranty or condition of any kind, whether express or implied. In particular, Company makes no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through this Website. Furthermore, to the fullest extent permissible pursuant to applicable law, Company, its affiliates, officers, directors, employees, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. Company expressly disclaims any representation or warranty that this Website will be free from errors, viruses, malware or other harmful components, that communications to or from this Website will be secure and not intercepted, that the services and other capabilities offered from this Website will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
13. Limitation of Liability
NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO LIMIT OR EXCLUDE ANY LIABILITY ON THE PART OF COMPANY WHERE AND TO THE EXTENT THAT APPLICABLE LAWS PROHIBIT SUCH EXCLUSION OR LIMITATION.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, FRAUDULENT ACTIVITY, ANY MISREPRESENTATION BY A THIRD PARTY MADE IN RESPECT OF THE WEBSITE OR CONTENT THEREIN, ANY FAILURE BY COMPANY TO ENSURE THAT IT DOES NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, ANY HYPERLINK ON THE WEBSITE TO ANY THIRD PARTY SITE, ANY LOSS OR DAMAGE INCURRED BY DELAYS OR ERRORS IN, OR THE DOWNTIME OF, THIS WEBSITE OR RESULTING FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET OR OF A THIRD-PARTY TELECOMMUNICATION SERVICE, OR OTHERWISE, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, OFFICERS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, TORT, EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, THIS WEBSITE OR ANY OTHER SITE YOU OR USERS OF YOUR ACCOUNT MAY ACCESS WHILE USING THIS WEBSITE OR YOUR USE OR THE USE BY USERS OF YOUR ACCOUNT OF THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Website may contain hyperlinks or references to third party websites other than the Website itself. Any such hyperlinks or references are provided for your convenience only. Company has no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party website may be governed by the terms and conditions and privacy policies of that third-party website.
16. Governing Law
To the extent permitted by applicable law, these Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without regard to any conflict of law provision. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of competent jurisdiction of the Province of Ontario, Canada in respect of any action or proceeding arising out of or related to this Website.
This Website is operated by Fund Journey Inc. Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to:
You can also send a letter to:
Fund Journey Inc.
8005 Financial Drive, unit A4