Terms of Use

OVERVIEW
GivingTuesday is a free and open Canadian movement for giving and volunteering, taking place each year after Cyber Monday. The “Opening day of the giving season,” it is a day where charities, companies and individuals join together to share commitments, rally for favourite causes and think about others. In 2013, GIV3 and CanadaHelps co-founded the GivingTuesday movement in Canada, and since this time, have worked together with many others in the charitable sector to grow GivingTuesday in Canada. In 2020, CanadaHelps took over the ongoing leadership role in Canada.

TERMS OF USE
These Terms of Use (“Terms”) constitute the “Agreement” and govern the relationship between CanadaHelps CanaDon (referred sometimes herein as “CanadaHelps”) and you (referred sometimes herein as “you” or as “partner”) for your access to and use of the web site and resources located at http://www.givingtuesday.ca (the “website” or the “Site”).

CanadaHelps makes available to you this website located at www.givingtuesday.ca subject to your acceptance of and compliance with these website terms of use. BY ACCESSING, BROWSING, AND/OR USING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND OUR PRIVACY POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU CANNOT OR DO NOT AGREE WITH THESE TERMS OF USE OR OUR PRIVACY TERMS OF USE THEN DO NOT ACCESS OR USE THIS WEBSITE.

CanadaHelps reserves the right, in its sole discretion, to update, revise, supplement, and modify these Terms of Use as well as to impose new or additional terms and conditions to these Terms of Use at any time. We will notify you of any changes to these Terms of Use by posting any revised draft on our Website. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by these Terms of Use as modified. It is your responsibility to review regularly these Terms of Use.

CanadaHelps does not intentionally market its services to minors. If you are under 18, you will need to obtain your parent or guardian’s permission before you send any personal information to CanadaHelps over the Internet. Parent or guardian participation, understanding of their children’s online usage, and awareness of the activities in which they are participating, are strongly encouraged.

USE OF MATERIALS ON THIS SITE; PERMITTED AND PROHIBITED USES
The GivingTuesday website currently provides partners with access to a collection of resources, including logos, various communications, educational tools, and content through its website. The content of this website is for your general information and use only; it is subject to change without notice.

Your use of the website shall be in a non-commercial manner. You will not use the website for advertising purposes or for any use that is obscene, indecent, or otherwise prohibited by law. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

SHARING OF INFORMATION
GivingTuesday partners may create public profiles to raise awareness and promote their cause as well as solicit funds, volunteers or other forms of charitable giving. CanadaHelps does not claim ownership of Content you submit or make available for inclusion on the site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the site, you grant CanadaHelps the following world-wide, royalty free and non-exclusive license, as applicable: With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the site, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

You agree that all content created, posted or otherwise provided is the responsibility of the party providing the content and must comply with all provisions of these terms and conditions. You agree to not use the site to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm other members in any way;

Third party organizers may use the GivingTuesday web site to create, list and/or promote GivingTuesday “Civic Movements” Civic Movements are independent groups participating in GivingTuesday who wish to collaborate with other individuals or organizations in their area. All content created, posted or otherwise provided by Civic Movement organizers or their affiliated partners is the responsibility of the party providing the content and must comply with all provisions of these terms and conditions.

If you choose to join a Civic Movement through the GivingTuesday website, you agree that CanadaHelps will share your contact information as well as any content you provide to CanadaHelps with the organizers of that Civic Movement. You agree that organizers of Civic Movements you have joined may publish any content you have provided through the GivingTuesday web site through any means or media including, but not limited to your GivingTuesday partner profile information, web links and your organization logo.

Users who create Civic Movements agree to the following terms of use with respect to other user’s content in addition to all other terms and conditions herein. If you create or promote a Civic Movement using the GivingTuesday website you will:

1. Assume full responsibility for all content that you provide to CanadaHelps through the GivingTuesday web site;
2. Maintain your account profile with up to date contact information at all times;
3. Immediately remove from your web site or other content publishing platform any content provided by CanadaHelps or another GivingTuesday user at the request of CanadaHelps;
4. Use the content provided by CanadaHelps solely for the purposes of creating, promoting and maintaining a GivingTuesday related campaign or other initiative;
5. Protect the privacy of other GivingTuesday users whose contact information you acquire from CanadaHelps. In particular, you will use this contact information solely for the purpose of communicating with individuals and organizations who have joined your Civic Movement with information specifically related to your GivingTuesday campaign and for no other purpose. You will not use user contact information for advertising, promotional materials, “junkmail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation including solicitation of donations to a registered charity or other non-profit organization. You will never share user contact information with any third party whether for remuneration or otherwise under any circumstances. If you discontinue your Civic Movement or the related GivingTuesday campaign or if CanadaHelps terminates your user account for any reason or for no reason, you will immediately and permanently delete all user contact information;
6. Provide a means of automatically unsubscribing from future communications in every email or other communication you send to other users. You will immediately and permanently delete the contact information of any user who chooses to unsubscribe and agree never to contact them again for any purpose;

INTELLECTUAL PROPERTY
This website contains material which is owned by or licensed to CanadaHelps in connection with the GivingTuesday campaign. This material includes, but is not limited to, the design, layout, look, appearance and graphics that are protected by copyright, trademark, and other intellectual property laws. CanadaHelps retains all rights, including copyright, in data, image, text and any other information found on the website that is the property of CanadaHelps.

GivingTuesday logos, images, and text files are available for download, and are made available for noncommercial, educational and personal use only. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program.Your use of the GivingTuesday logos and typeface can only be used for the purpose of participation in the GivingTuesday campaign and not for any unrelated purpose. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit the logo, the website or its content.

CanadaHelps reserves the right, in its sole discretion, to delete or block any individual or corporation from the website for any reason or for no reason at all, including, but not limited to, any individual or corporation using the logo in a manner inconsistent with the mission of GivingTuesday (such as any use that spreads hateful messages or speech, or promotes a completely unrelated project).

Any and all postings on the GivingTuesday blog or social media channels (e.g., text, images, and videos) shall not violate the rights of any third parties.

Claims of Copyright Infringement
If you believe that any Content on the GivingTuesday.ca web site violates your copyright, please send us a notice of the violation using the following contact information:

CanadaHelps CanaDon
1-186 Spadina Avenue
Toronto, ON M5T 3B2

To be effective, the Notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, Upon receipt of a notice of claimed infringement that satisfies these requirements we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of Canada and will terminate the access privileges of those who repeatedly infringe on the copyrights of others.

LINKS TO THIRD PARTY SITES

CanadaHelps has not reviewed all of the sites linked to the website and is not responsible for the content of any off-site pages or other sites linked to the website. Your linking to any off-site pages or other sites is at your own risk. CanadaHelps provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by CanadaHelps or the views expressed therein. CanadaHelps has no control over the nature, content and availability of those sites. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this website.

TAX DEDUCTIBILITY
Donations initiated on www.givingtuesday.ca home page using the “Give to any charity” button are processed by CanadaHelps and are the full responsibility of CanadaHelps. Donations solicited on partner profile pages may not be processed by CanadaHelps. CanadaHelps has not reviewed all of the donation URL links and is not responsible for the content or legitimacy of these third party links. Presence of a third party donation link does not imply endorsement of, sponsorship of, or affiliation with the linked site by CanadaHelps. The user is solely responsible for determining the extent to which they may use any content at any other websites to which they might link from this website.

ACCURACY AND WARRANTY DISCLAIMERS
CANADAHELPS MAKES NO REPRESENTATION OF ANY KIND REGARDING THE WEBSITE CONTENT OR ANY PORTION THEREOF. ALL WEBSITE CONTENT IS PROVIDED IN “AS IS” CONDITION AND WHILE CANADAHELPS ENDEAVOURS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, CANADAHELPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Every effort is made to keep the website up and running smoothly. However, CanadaHelps takes no responsibility for, and will not be liable for, the website www.givingtuesday.ca being temporarily unavailable due to technical issues beyond our control.

INDEMNIFICATION
Partners and users agree to defend, indemnify and hold harmless CanadaHelps and its directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, “GivingTuesday Indemnified Parties”) from and against any and all claims, actions, demands, damages, losses, liabilities costs, expenses (including attorneys’ fees), causes of action and other proceedings (“Claims”) arising out of or relating to: (a) Partner’s or user’s breach of these Terms; (b) Partner or user misuse of the Site and/or GivingTuesday services.

WAIVER OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANADAHELPS BE LIABLE TO PARTNER OR ANY THIRD PARTY FOR ANY: (A) DIRECT; OR (B) INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OR LOSS OF BUSINESS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOST DATA OR ANY FAILURE OF SECURITY, IN EACH CASE ARISING OUT OF OR RESULTING FROM IN ANY WAY THE GIVINGTUESDAY SERVICES, NEWS LINK SEARCH RESULTS, SOFTWARE, SITE, THIRD PARTY CONTENT, THIRD PARTY WEB SITES AND ANY INFORMATION, MATERIAL AND CONTENT CONTAINED IN OR PRESENTED ON OR THROUGH THE GIVINGTUESDAY SERVICES AND/OR THE SITE, AND/OR THE USE OF OR INABILITY TO USE ANY OF THE FORGOING, HOWSOEVER ARISING AND WHETHER OR NOT CANADAHELPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE.

APPLICABLE LAW
The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of your use of this Website.

SEVERABILITY
If in any jurisdiction any part of these Terms of Use is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of these Terms of Use shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Terms of Use shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.

GENERAL
These Terms of Use, together with the Privacy Policy and all other notices, policies and disclaimers contained on the Website (as the same may be amended by CanadaHelps from time to time) constitute the entire agreement between CanadaHelps and you in relation to the subject thereof. These Terms of Use, together with the Privacy Policy supersede anything in the Website inconsistent with them. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of these Terms of Use shall be construed as a waiver by CanadaHelps. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.