(Effective date: October 1, 2018)
These Terms of Service (“Terms”) constitute a binding agreement between you and PayPal Giving Fund Canada (“PayPal Giving Fund,” “we,” “our,” or “us”) with a principal place of business at MaRS Centre, West Tower, 661 University Avenue, Suite 506, Toronto, ON M5G 1M1. These Terms govern your use of our websites, mobile apps and services. You acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use PayPal Giving Fund or our services.
1)- We may revise these Terms from time to time and the revised version will be effective at the time we post them, unless otherwise noted.
2)- By making a donation to PayPal Giving Fund, you understand and agree that your donation is made to PayPal Giving Fund Canada, a charity registered with the Canada Revenue Agency (“CRA”) (Registration No.: 812867752RR0001) and designated as a public foundation. PayPal Giving Fund receives donations and disburses those donations to charities in the form of corresponding grants to further charitable purposes. We will only make grants to organizations that are registered with the CRA or another Canadian agency with comparable authority.
3)- When you make a donation to PayPal Giving Fund, you may recommend that we make a corresponding grant to a registered charity in the amount of your donation. By making such a recommendation, you certify that the grant will not be used to confer more than an incidental benefit on you, and will not be used as a payment for admission, the purchase price of a lottery ticket, or the payment of any other fees that would undermine the voluntary nature of the gift.
4)- We will make every effort to make a corresponding grant to your recommended charity. You acknowledge that delivery is subject to PayPal Giving Fund’s Donation Delivery Policy. You understand that PayPal Giving Fund retains exclusive legal control over all donations and may redirect funds to a comparable qualifying charitable organization if we are unable to follow your recommendation for any reason in our sole and absolute discretion.
5)- In order for your donation to be considered tax-deductible, it must be a final and irrevocable gift to us. Refunds may only be given in exceptional circumstances, in accordance with our Donation Refund Policy, and only when the funds have not already been granted by us to another charity.
6)- At your request, we will provide you a donation receipt and you will disregard any additional tax receipt you may receive from a benefiting charity.
8)- PayPal Giving Fund does not charge fees for processing your donations. However, certain partners may deduct fees pursuant to those partners’ policies. You acknowledge that if you donate using a partner site or service, the partner may deduct such fees, which they will disclose to you at the time that you complete a donation to PayPal Giving Fund. Indemnity and Arbitration
9)- You agree to indemnify, defend, and hold harmless PayPal Giving Fund and its affiliates and each of its and their officers, directors, employees, agents, and assigns (“Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from or relating to (a) your use of, or activities in connection with, PayPal Giving Fund; or (b) your violation of these Terms. PayPal Giving Fund reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PayPal Giving Fund’s defense of such claim.
10)- You hereby irrevocably waive and release the Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of PayPal Giving Fund or any benefiting charity.
11)- You acknowledge and agree that, if a claim, controversy, complaint, or dispute between you and PayPal Giving Fund arises out of or relates to these Terms, the interpretation of these Terms, or any breach or alleged breach of these Terms (“Dispute”), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone or online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and ( c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to PayPal Giving Fund for which monetary damages would be an inadequate remedy. Accordingly, we have the right, without necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights in intellectual property or confidential information.