Terms of Service
Welcome to the GiveShop service! Please read these Terms of Service (the “Agreement”) carefully. Your use of the GiveShop app and/or website constitutes your consent to this Agreement.
This Agreement is between you and GiveShop Inc. (“Company” or “we” or “us”) concerning your use of or access to the GiveShop mobile application and also the GiveShop website. GiveShop Inc. is referred to in this Agreement as “Company” or “we” or “us”. The GiveShop mobile application, together with any successor app(s) will be referred to as the “App” and the GiveShop website currently located at giveshop.ca together with any successor website, will be referred to as the “Site.” Finally, this Agreement refers to the App and Site, together with any materials and services available therein, as the “Service.” Please note that this Agreement hereby incorporates by reference any additional terms and conditions we post through the Service or otherwise make available to you.
BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE EITHER (1) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (WHICH IS 18 OR 19, DEPENDING ON THE PROVINCE OR TERRITORY), OR, (2) AT LEAST 14 YEARS OLD AND THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT, AND THAT YOUR PARENT OR GUARDIAN HAS AGREED TO BE LIABLE FOR YOUR ACTS AND OMISSIONS.
1. Information Submitted Through the Service.
2. Community Guidelines.
You agree that you will comply with all of our Community Guidelines, as updated by us from time to time, located at our Website at www.GiveShop.ca. The Community Guidelines contain, among other things, our list of prohibited products, prohibited services and our rules of conduct.
3. Registration; User Names and Passwords.
The Service includes a forum where users may post and browse listings for personally owned goods or items (each a “Listing”). Such Listings are provided by users, and not by us. WE, AS WELL AS ANY PARTICIPATING CHARITIES, DO NOT SELL OR OTHERWISE MAKE AVAILABLE ANY GOODS OR ITEMS AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS, FOR ANY TRANSACTIONS LISTINGS (EXCEPT AS SET FORTH IN THIS AGREEMENT) AND SUCH LISTINGS DO NOT CONSTITUTE AN OFFER FROM THE COMPANY OR ANY PARTICIPATING CHARITY. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING OR OTHERWISE PARTICIPATING IN ANY TRANSACTION REGARDING A LISTING, OR MAKING OR RECEIVING PAYMENT FOR ANY LISTING.
The availability or promotion of a Listing through the Service does not imply our endorsement, nor that of any participating charity, of the Listing or the provider. We make no representations whatsoever about any Listings, or any users. Information about and the availability of any Listing 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 Listing. We and our participating charities reserve the right to remove any Listing for any reason.
You represent and warrant that you have the necessary authority and permissions to post any Listing, to enter into any transaction or to make any transfer relating to a Listing, including, if you have not reached the age of majority in your province or territory of residence, by obtaining proper parental or guardian consent. The age of majority is 18 or 19, depending on the province or territory.
You may submit information that could be used to personally identify you, through Listings, the creation of profile pages, submissions in forums, connection via a social network, message boards, chat, comments, or various other interactive channels of the Service (each, a “Submission”). You are responsible for any 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 Submissions.
You retain ownership of your Submissions but for each Submission you make you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproducers, 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).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and made without restriction, and does not create any obligation whatsoever by us.
You represent and warrant that you have all right and title necessary to grant the licenses granted in this section, and that your Submissions, 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.
8. Featured Listings and Subscriptions.
We may provide certain enhanced features (such as featuring your Listing in the feed) for a fee (“Fees”) in connection with the Service (“Paid Services”). All Fees are set out and described in the App and are denominated in Canadian dollars and are exclusive of any applicable taxes. Payments may be processed through the Google Play or iTunes app store from which you originally downloaded the App. You may access the applicable “in-app” purchase rules and policies directly from the app stores. All billing and refund inquiries must be directed to the applicable app store. Delivery of the Paid Services is provided immediately upon purchase.
We reserve the right to modify the Fees from time to time in our sole discretion. Any changes in the Fees will apply to the next billing period. Except as provided above, or as otherwise expressly agreed upon by us, all sales of Paid Services are final and there are no refunds. There are no refunds or credits for partially used Subscription Services periods.
9. Payments Through GiveShop.
A buyer (the “Buyer”) and donor (the “Donor”) may pay with and accept credit cards and other electronic payment methods (each an “Electronic Payment Method”) through the Service. The Company has integrated with Stripe to allow Donors to accept Electronic Payment Methods from Buyers using Stripe Connect (“GiveShop Payments”). GiveShop in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the GiveShop Payments. Additionally, Stripe may impose its own limits and limitations on a Buyer or Donor’s use of the GiveShop Payments.
All purchases made using GiveShop Payments are made directly between the Buyer and the Donor when they complete their purchase and sale transaction, pursuant to the terms they determine. We, including any participating Charity, are not a party to the purchase and sale transactions completed using GiveShop Payments, and disclaim any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the Donor. By releasing a payment to the Donor, the Buyer confirms that they are in possession of the item, have inspected it, and that the item is acceptable. Upon the completion of the checkout process the purchase and sale is deemed final and the payment processed will be treated as an irrevocable donation to the designated Charity. Any dispute between the Buyer and Donor relating to the value or condition of the sold item will be limited to the value of the charitable receipt issued to the Donor by the designated Charity.
Donors using GiveShop Payments to accept Electronic Payment Methods are entering into an agreement with Stripe subject to the Stripe terms and conditions. You agree to pay the service fees (“Service Fees”) for the sales transactions you make using GiveShop Payments. The Service Fees include Electronic Payment Method processing fees to GiveShop payment processor and service fees to GiveShop. We reserve the right to change the Service Fees from time to time. We are not liable for funds held within a donor’s account, should they not provide us with payout information (or provide us with incorrect payment information). We are not responsible for incorrect payout that results in a successful, irretrievable payout to a third party as the result of your providing incorrect information.
Donors further irrevocably agree that the funds will be automatically directed to the Charity listed in the item and/or transaction along with the necessary personal information required by the Charity to issue a charitable receipt. Donors agree and acknowledge that the issuance of any charitable receipt is subject to minumum amounts which may be imposed by the respective Charity and that the issuance of such charitable receipt may be done in the manner and timeline determined by that Charity.
Offers may be canceled by us for any reason prior to a Buyer releasing their payment to a Donor. We cannot provide protection or support for payments released to a Donor before the Buyer has possession of the item. Any decision made by GiveShop in regards to resolving a payments dispute is final and binding.
10. Your Limited Rights.
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 Company 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 Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
11. Company’s Proprietary Rights.
We own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include GiveShop and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
12. Third Party Materials.
Through your use of the Service, you may have access to certain information, products, services and other materials made available by third parties, including Listings (“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 no 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 Service at any time. The availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of Third Party Materials.
YOUR USE OF THIRD PARTY MATERIALS ARE AT YOUR OWN RISK AND ARE 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).
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
14. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICE AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU BY US ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES BY COMPANY (OR PARTICIPATING CHARITIES) OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY; AND (B) COMPANY AND PARTICIPATING CHARITIES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY LISTINGS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS AS WELL AS ANY PARTICIPATING CHARITIES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
We do not guarantee that the Service is or will remain available updated, complete, correct, secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. 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.
15. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY AND PARTICIPATING CHARITIES 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, COMPANY AND PARTICIPATING CHARITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY LISTINGS OR TRANSACTIONS OR TRANSFERS RELATING TO LISTINGS, 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, 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 COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any Listings, transactions or transfers relating to Listings, or disputes with other users of the Service; and (c) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. To the extent permitted by applicable law, Company may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason. Upon any such termination or suspension, your right to use the Service will immediately cease, and Company may take technical and/or other measures to block your access to the Service. Sections 2–3, 9, 12–13 and 15–24 shall survive any expiration or termination of this Agreement.
18. Governing Law; Forum.
To the extent permitted by applicable law, the terms of this Agreement are 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 in Ontario. Disputes under this Agreement shall be submitted to the courts of competent jurisdiction located in the City of Ottawa, Ontario, and you irrevocably submit to the jurisdiction of such court.
19. Information or Complaints.
If you have a question or complaint regarding the Service, please send an e-mail to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
20. Export Controls.
You are responsible for complying with applicable Canadian export controls and for any violation of such controls, including any Canadian Export Control List and Area Control List and any United States embargoes or other federal rules and regulations restricting exports.
21. Jurisdictional Issues.
The Service is offered only to residents of Canada. 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.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. 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.
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 opportunités to some or all Service users.
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 Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. 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. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.