User Agreement

Please read the following Terms and Conditions carefully:

My Class Needs Foundation / Fondation Pour Ma Classe ("MCN") requires that all visitors ("you") to its site, MyClassNeeds.ca / www.PourMaClasse.ca , and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means MCN unless otherwise indicated.

Who is My Class Needs Foundation?

MCN is a registered Canadian charity. MCN aims to improve publicly-funded education by connecting individual and business donors with classroom projects submitted by K-12 educators in publicly-funded Canadian schools.  The Sites provide you with access to an online collection of information, materials and services related to MCN and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.

Eligibility

Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that: (1) you are 18 years of age or older or have received parental consent and supervision when using the Sites; (2) all information you submit is truthful and accurate; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if you are in violation of any of these conditions. 

Binding Agreement.

By using any Site, you agree to be bound by this UA, whether you are a visitor, Teacher or Donor. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Donors and Teachers, which are described below.

MCN's Privacy Policy is a Part of this Agreement.

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference MCN's Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy.


Our Proprietary Materials.

We welcome you to our site and we invite you to use it within the following rules:

  • 1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
  • 2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of MCN.
  • 3. For the purposes of promoting a project you may use the Print function on an individual project page to generate and print any number of flyers for a given project provided you do not delete or change any text, image, copyright, trademark, or other proprietary notices within the flyer. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of MCN.
  • 4. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of MCN.
  • 5. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.

Copyright

The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2012 My Class Needs Foundation or are licensed or otherwise used by MCN with permission. Except where noted otherwise, all rights to these materials are reserved by MCN or their respective owners. "MyClassNeeds.ca", the My Class Needs  logo, "Helping Canadian Schools, one classroom at a time", “SmallChange. Big Impact.” and "Teachers Post. Donors Give. Students Succeed." are trademarks and service marks of My Class Needs Foundation, which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used. 

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although MCN cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. 

Disclaimers.

We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. MCN retains the right to restrict use of the Sites, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCN MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

IN NO EVENT SHALL MCN, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "MCN AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MCN AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

YOU UNDERSTAND AND AGREE THAT MCN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT MCN AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY MCN OR AN AUTHORIZED MCN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

MCN neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Third Party Websites.

The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by MCN, thus MCN is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by MCN of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites.

We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and MCN. If this is not the case, please do not link to any Site. MCN reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any MCN trademark, service mark or other intellectual property or content provided by MCN for a hyperlink to a Site is permitted and licensed by MCN solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by MCN, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by MCN. 

Making Donations through MCN.

MCN is a crowdfunding platform that connects individual and business donors with classroom projects submitted by K-12 educators in order to provide students with the resources needed to enrich their learning environment. 100% of each donation made through MCN goes directly to fund the classroom project for which it was given, unless the Donor indicates that a specific portion of the donation may be used for program purposes.

Included in the "material cost" (the price of the project exclusive of a donation to MCN operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages. All Donors are subject to the specific Donor terms described below.

All donations are tax deductible to the fullest extent allowed by law. You may view a copy of our annual financial statements and tax return on the Canada Revenue Agency (CRA) website or you can obtain them by writing to:

My Class Needs Foundation / Fondation Pour Ma Classe
Attn: Financial Operations

439 University, Suite 1450
Toronto, ON
M5G 1Y8


Special Provisions Relating to Donors.

By donating and creating an account on the site, you agree to receive electronic communication from MCN regarding your donation(s), including tax receipts and updates relating to the projects you donated to.

MyClassNeeds (MCN ) is the charitable affiliate of Curriculum Services Canada (CSC). MCN and CSC do not endorse or promote any particular supplier, product, or service requested by the teachers through our online crowdfunding platform. MCN assesses every project to ensure that costs of the requested items are verified and that the project meets our eligibility requirements

MCN will contact the school administrator associated with the specific project and ensure that the administrator has given approval to the project to go ahead and that the resources requested meet the fundraising guidelines within their province, board or district and school.

MCN will seek competitive prices from various suppliers to ensure the best possible price for the materials and services. Where available, MCN may (at our discretion) suggest lower-cost alternatives that may accomplish the same project goals. Our suggestion of an alternate option is not an endorsement by either MCN or CSC of the supplier, product or service and the final decision on the choice of resource is made by the teacher(s) themselves.

MCN will make every reasonable effort to fulfill projects as posted on the site, acknowledging that in certain cases the cost of the items requested by the teachers for the project may change. In addition, in case of certain items such as technology, the item original requested may no longer be available (e.g. discontinued and/or replaced with newer model). MCN will make every effort to replace discontinued or unavailable items with comparable equivalents. Due to such circumstances, the cost at fulfillment may differ from cost at posting. The difference in cost will be covered by the general project fund. Any savings realized on one or more projects will be used to offset increased costs of other projects. The realized savings will always remain in a restricted-use fund and will only be used towards the cost of the projects. Savings will not be used to offset operating costs of MCN.

When a partially funded project does not reach complete funding within 150 days of the date it was posted on MyClassNeeds.ca, donations are returned to donors in the form of account credits. A donor can use account credits to choose a new project to fund within 21 days of receiving the credits. After 21 days, My Class Needs will apply the account credits to a project in urgent need, on behalf of the donor.

If, for any other reason, the proposal cannot move forward (i.e., the Teacher no longer works at the specified school or no longer requires the requested materials, or the Teacher is no longer in good standing with MCN, etc.), all donations made to the proposal will be allocated to the Donor as account credits which will then follow the procedure outlined above.

Infrequently, a Teacher will move from one school to a different school while they have active projects available for funding on our site. Until the teacher alerts us to their move, the school information associated with any projects posted on the website may not accurately reflect the new school at which they are teaching. In addition, we may deliver the resources requested by that Teacher to their classroom at their new school, even if some or all of the project's donations were received before the Teacher's school information was updated on our website.

In rare instances, a Teacher fails to submit feedback for the project they have had funded at MCN. In this instance, all Donors will be notified by MCN and the Teacher may be excluded from future use of the Site.

MCN cannot be responsible for the success of any proposed or funded projects or for the activities (or lack thereof) of the Teachers or students participating in any proposed or funded projects.

In addition to the rights of MCN described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that MCN may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way.


Special Provisions for Teachers.

Thank you for your interest in submitting a proposal for a My Class Needs project. By clicking the "I Agree" button during the process to sign up for funding proposals, the following additional terms of the UA apply to those users who sign up for a teacher account and/or to post a teacher funding proposal on the Sites ("Teachers"):

Teacher Representations

By submitting a proposal, you represent and warrant that:

  1. You are a certified teacher, directly serving students (review our teacher eligibility guidelines) and currently employed at the publicly-funded, Canadian, K-12 school you note;
  2. You have received permission from your school administrator to submit a proposal;
  3. The activity you propose is legal and falls within the standards and guidelines of your School Board or District; all information you provide to MCN is accurate, and you will promptly update the information to keep it accurate;
  4. Any proposals you submit are solely for you and your class and are not on behalf of any other teacher or class; and,
  5. You have full rights to any ideas, descriptions and materials you submit to MCN, and that you (and not MCN) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by MCN will not infringe on any rights of any third party.
  6. You have provided MCN with your official email address issued by your school or your school board/district/authority.

Teacher Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Teacher-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify MCN of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.

In addition to the rights of MCN described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that MCN may send you regarding each project you submit are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You agree to provide student thank-you notes that do not contain any of the personal information that will identify the student. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause MCN and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that MCN may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

From time to time, MCN or a third party on MCN's behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.

Rights You Grant to MCN

While you retain ownership in the works you create such as the proposal submissions (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to MCN through the Sites and all materials (except for the photographs) which you send to MCN after the completion of the project, you hereby grant to MCN a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sub-licensable license to use the submission and project materials, and portions thereof (including, but not limited to your name, profile image, project title, project description, project report), in furtherance of MCN's purposes and activities and to promote MCN and its programs, in any medium, and MCN may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for MCN's purposes, whether or not your proposal is funded.

MCN reserves the right to exclude any Teachers from use of the Sites, in MCN's sole discretion.

Your Responsibilities Should Your Proposal Be Funded

If your proposal is approved by MCN posted on a Site and funded, you agree to use the materials or funds received solely as stated in the proposal and in a manner directed by MCN. You agree that requested resources will be used by students or to provide a student experience as described in your proposal. You agree to provide each child who will engage in the activity with a MCN Release Form as provided by MCN, and to exert reasonable efforts to ensure that each child returns the Release Form signed by their parent or legal guardian. Regardless of how many activities MCN funds for your class each school year, only one Release Form per student, per school year, per Teacher need be collected.

Download MCN Release Form

You will make a reasonable effort to take photos of students who have returned a signed MCN Release Form and shall provide each signed Release Form to MCN upon request. You agree that only students who have provided signed Release Forms will be included in the photographs of the activity that you submit to MCN. You will use MCN's funds and materials only for the project MCN has approved, and agree to follow all other instructions as provided or directed by MCN regarding the funded activity. You understand that the promptness and thoroughness with which you return the photographs and thank-you notes may affect how many proposals you are allowed to submit in the future.

Disclaimers

MCN will not be required to treat any Submission or Project Materials as confidential.

Termination

You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor or Teacher account, as applicable, and stopping all use of the Sites. MCN may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites. 

Governing Law

This UA is governed by the laws of the Province of Ontario and the federal law of Canada applicable thereto without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the courts located in the Province of Ontario. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. 

Indemnification

You agree to indemnify and hold MCN and its Affiliates and their respective directors, officers, employees, volunteers and agents harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable legal fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to MCN.

Contact MCN

If you have any questions about the Sites or this UA, you may contact us via e-mail at info@myclassneeds.ca. We are always glad to hear your questions and comments.

Entire Agreement

This UA, including the terms specifically applicable to Donors and Teachers, and other policies and notices MCN may post on the Sites necessary for access to Donor and Teacher portions of the Sites, constitute the entire agreement between MCN and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between MCN and you regarding such matters, including prior versions of this UA. MCN may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by MCN, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.

This User Agreement was created on 21/11/2012.

Eligibility Guidelines

Privacy Policy

Release Form