TERMS AND CONDITIONS
Welcome to the 365give Society website (the 365give “ Site”). By using the 365give site you agree, without limitation or qualification to be bound by these terms and conditions (the “Terms and Conditions”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of the 365give Site. If you do not agree with these Terms and Conditions, you may not use the 365give Site.
Various services may be available on the 365give Site (the “Services”), and access to such Services including any related material, software, information, data images, photographs, audio, video, text and other content (“Content”) may require you to register or subscribe. If you are required to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information in order that it is kept accurate and complete. You further agree that you are responsible for : (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the 365give Site, and (b) all activities that occur, including transactions effected, under such password or account. Further, you agree to notify 365give of any unauthorized use of your password or account. Without limiting Section 7, 365give will not be responsible or liable, directly or indirectly, in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2. User Conduct
As a user of the 365give Site, and in consideration for the availability and your use of the 365give Site, you agree to comply with all applicable laws and these Terms and Conditions when using the 365give Site. You represent and warrant that you have reached the age of majority, or that if you are under the age of majority that you have informed a parent or legal guardian, and he or she has approved your use of the 365give Site. You agree not to:
• misrepresent your identity;
• post material intended to further commercial purposes;
• post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would be harmful or could constitute a criminal offense or give rise to civil liability;
• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; and post, transmit, link to, or otherwise distribute any information, material (including for greater certainty, software) which becomes a virus, cancelbot, trojan horse, work or other harmful or disruptive component.
3. Refund Policy
Any request for refund of contributions already donated to 365give by a sponsor/donor will be considered and determined on a case by case basis. When a request for a refund is received, an assessment of the reason given for the refund request is undertaken. The following reasons will usually be considered favourably:
• an error has been made by 365give;
• sponsor/donor decides within the first 7 days of providing contributions that they have changed their mind and the funds have not already been remitted;
• sponsor/donor banking details are fraudulently obtained and used;
• sponsor/donor contributions are paid in advance.
The following reasons will not usually be grounds for a refund to be given:
• the financial circumstances of the sponsor/donor;
• the sponsor/donor denies or disputes having made a decision with 365give Society; or
• disagreement by the sponsor/donor with the nature of the programs provided by 365give Society.
If it is agreed that a refund is to be made the sponsor/donor will be refunded within ten working days of the decision.
4. Ownership of Website Content
365give Society either owns or is a licensee of the Content contained on the 365give Site, including all images, photographs, audio, video, and text. Except as expressly provided for in these Terms and Conditions you are not permitted to copy, reproduce, alter, or modify the Content found on the 365give Site.
5. Use of Forums/Blog
The 365give Site provides various discussion and forums (“Forums” or “Blog”) that you may use in accordance with the Terms and Conditions that are provided herein. When posting any message upon the Forums/Blog, you agree not to:
• post messages that mention real names, or the name of a location or school in reference to an individual, or the contact information of any individual including their email address, phone number and home address, even if posted without explicit reference to the individual;
• post messages that include profanity, vulgarity or swearing;
• post messages that are in any way demeaning, bullying or cruel or which attack any individual, whether or not a user of the 365give Site;
• post messages that are not in English or French;
• post messages that comprise links to materials or content that does not pertain to the topic or them of the discussion; and
• the sponsor/donor denies or disputes having made a decision with 365give; or
• post messages that are of a commercial nature. You should be careful when participating in any Forum/Blog. 365give cannot be responsible for the content or accuracy of any information that are posted by users upon the Forum/Blog.
Please note that all of the Forums/Blog are moderated, and 365give reserves the right to refuse to post any message to the Forums / blogs, and may also, in its sole discretion, edit a message, remove a message, or part of a message that had already been posted, if such message, or part of such message is in is sole discretion undesirable, unacceptable or in violation of these Terms and Conditions.
6. Submissions to the 365give Site
The 365give Site may provide mechanisms by which materials may be uploaded by users (“User-Generated Content”). For any material that you upload to the 365give Site, you automatically grant all of your right, title and interest in such materials to 365give and waive all moral rights in any such materials.
7. Disclaimer and Limitation of Liability
You expressly understand and agree that: (a) to the maximum extent permitted by applicable law, the 365give sites are provided on an ‘as is’ and ‘as available’ basis and that each of members, its ambassadors, representatives and licensors and each of their respective affiliates (collectively the “365give group”) does not make any, and hereby disclaims all, representations, warranties, conditions (collectively the “warranties”) of any kind, whether express or implied as to any matter hereunder, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, suitability, reliability, freedom from infections or viruses or completeness as well as any warranties arising by stature or otherwise in law or from (a) a course of dealing or usage of trade; and (b) to the maximum event permitted by applicable law, the 365give group specifically makes no warranties that the 365give site or any of the services, including any content, information, products or services obtained from or through the use of the 365give site will be provided on a uninterrupted timely, secure, or error free basis. 365give is not liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages.
The 365give Site allows you to download software/web/mobile applications and other forms of Content, including files, images, wallpapers, backgrounds, PDF documents, ringtones, videos, audio files, or data incorporated therein (collectively, the “Downloadable Content”). The Downloadable Content is licensed to you for your personal and non-commercial use only. You agree to maintain all copyright and other proprietary notices in the Downloadable Content and that 365give Society retains complete title to the Downloadable Content and all the intellectual property rights therein. All risk associated with the use of, or reliance on, the Downloadable Content rests with you. You further agree that the 365give Society, to the maximum extent permitted by law, makes no warranties regarding the Downloadable Content, and will without limiting Section 7 not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Downloadable Content.
365give Society reserves the right, in its sole discretion to add to, remove from, modify or otherwise change any part of these Terms and Condition, in whole or in part at a time. Except as expressly contemplated herein, changes will be effective when notice of such change is posted on the 365give Site. Please check these Terms and Conditions regularly for updates by checking the “Last Update” section at the top of these Terms and Conditions If any change is not acceptable to you, you must discontinue your use of the 365give Site immediately. Your continued use of the 365give Site after any such changes are posted will constitute acceptance of those changes.
10. Links to Third Parties
There may be links on the 365give Site which take you to other websites, including advertisers and sponsors which are not under the control of 365give (“Third Party Sites”). These links are provided only as a convenience, and 365give Society does not endorse such Third Party Sites, or any offerings or content found upon such sites. Without limiting Section 7, you are solely responsible for your decision to visit such Third Party Sites, and 365give is not liable in any way for the accuracy, relevancy or legality of material contained in such sites. Where possible, a bumper page will be displayed to users that they will are leaving the 365give Site and provided to option to return to the Site or continue to the external link.
Some Third Party Sites may offer products or services available through that site. You acknowledge and agree that your correspondence or dealings with any third parties, including advertisers on the 365give Site, are solely as between you and such third parties. 365give assumes no responsibility whatsoever for any costs incurred by you, or products purchases by you through such Third Party Sites. You agree that 365give will not be responsible for any loss or damage of any kind as a result of, or in connection with, any such dealings or transactions.
365give Society reserves the right to suspend or terminate your access to the 365give Site, at any time for convenience, or for any other reason, including without limitation if 365give has determined in its sole discretion that the use by your, or of third parties using your passwords or accounts of the 365give Site was in breach of these Terms and Conditions.
12. Governing Law
These Terms and Conditions will be governed by the laws of Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the non-exclusive jurisdiction of the courts of Canada and to waive any objections based upon venue.
13. General Provisions
These Terms and Conditions you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between you and 365give Society pertaining to your use of the 365give Site and Content, and supersede any prior agreements between you and 365give Society relating to the subject matter hereof. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or other unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions of parts thereof contained herein.