(Publication date: February 20, 2025)
Donor Terms of Service
These Terms of Service (“Terms”) constitute a binding agreement between you and PayPal Giving Fund Canada (“PayPal Giving Fund,” “PPGFC,” “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 donate to PayPal Giving Fund or use our services.
1. We may revise these Terms from time to time and the revised version will be effective at the time of posting, 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 registered charities or qualified donees (as defined in the Charity Certification Policy) in the form of corresponding grants. We will only make grants to organizations that are registered with the CRA.
3. When you make a donation to PayPal Giving Fund, you may recommend that we make a corresponding grant to a registered charity or qualified donee 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, any member of your family, or any entity affiliated with or controlled by you. You also certify that no grant recommended by you will 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. PPGFC does not accept donations subject to conditions or restrictions. Any conditions or restrictions you attempt to impose in connection with any donation will be disregarded.
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 to receive a donation tax receipt from PPGFC, your donation must be a final and irrevocable gift to us. Our official donation receipt will include information provided by the donor, and PPGFC is relying on the donor to provide accurate information. 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 or qualified donee.
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 or qualified donee.
7. Your personal information, including your name, email address, and physical address (if on file) will be treated in accordance with our Privacy Statement, and unless you have elected to donate anonymously, will be shared with charities or qualified donees that benefit from your donations to PayPal Giving Fund. Your personal information will not be shared with charities or qualified donees that have not met our formal program criteria.
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.
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, donations to, 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 or qualified donee.
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.
12. SI VOUS RÉSIDEZ DANS LA PROVINCE DE QUÉBEC : Les présentes conditions d’utilisation (les « conditions ») est disponible en français et en anglais. La version française est accessible en cliquant ici. Vous confirmez par la présente que vous avez expressément demandé que les présentes conditions et tous les documents y étant afférents soient rédigés en anglais, que vous avez reçu une version française des présentes conditions et que vous avez accepté d’être lié par la version anglaise des présentes conditions. IF YOU RESIDE IN THE PROVINCE OF QUEBEC: These Terms are available in both French and English language versions. The French version can be accessed by clicking here. You hereby confirm that you have expressly requested that these Terms and all related documents be drafted in English, that you have been provided with a French language version of these Terms and that you have agreed to be bound by the English language version of these Terms.
SI VOUS NE RÉSIDEZ PAS DANS LA PROVINCE DE QUÉBEC : Les parties ont exprimé la volonté expresse que les présentes conditions et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais. Toute traduction des présentes conditions est uniquement fournie pour votre commodité et ne vise pas à modifier les modalités des présentes conditions. En cas de conflit entre la version en anglais des présentes conditions et une version dans une langue autre que l’anglais, la version en anglais prévaudra. IF YOU DO NOT RESIDE IN THE PROVINCE OF QUEBEC: It is the express wish of the parties that these Terms and any directly or indirectly related documents be drafted in English. Any translation of these Terms is provided solely for your convenience and is not intended to modify the Terms. In the event of a conflict between the English version of these Terms and a version in a language other than English, the English version shall control.