Terms & Conditions

Definitions in this Agreement

"Account" or “My Charity Fund Account” means a My Charity Fund account established with My Charity Fund by you, in accordance with this Agreement;

“Agreement” means these Terms and Conditions;

"Default Advice" means a notice given in writing by the Donor in the manner determined by My Charity Fund, instructing My Charity Fund to make a transfer to another Account if two years have passed since either the last Deposit or Transfer;

"Deposits" includes any funds, monies, securities and other property donated to My Charity Fund by a Donor or other Person including a One-Time Donor for credit to an Account maintained by My Charity Fund;

“Donor” means you, after you have entered into this Agreement, or your successor, your permitted assign, or your heir, executor, administrator or other legal representative, as the context may require or permit, and includes other Persons who are Donors, as the context may require or permit; 

“Contribution” – means a donation to My Charity Fund to help with its administrative expenses. The amount of the Contribution may change from time to time and will be updated on https://mycharityfund.ca/fees.

"One-Time Donor" means a Person other than a Donor who makes a Deposit to My Charity Fund for credit to an account of a Qualified Recipient on or through the My Charity Fund system;

"Person" means an individual, a corporation, a partnership, a trust, an unincorporated organization, and the executors, administrators or other legal representatives of an individual;

“Quick Donate” – means the process on our website by which a One-Time Donor donates to My Charity Fund with a recommendation to My Charity Fund to make a donation to a Qualified Recipient of the Deposit less the Contribution.

"Qualified Recipient" means a registered charity and/or other entity classified at the relevant time as a "qualified donee" under the Income Tax Act (Canada).

“TRANSFER” – means a credit directly to another Account with My Charity Fund and a corresponding debit to your Account

1. Terms of Use

 

1.1       All information available on the My Charity Fund website www.mycharityfund.ca (the “Website”) is subject to the following terms and conditions of use (“Terms and Conditions”). By accessing the Website, you acknowledge that you have read and understood the Terms and Conditions and our Privacy Policy (mycharityfund.ca/privacy-policy), and that you agree to be bound by them. My Charity Fund reserves the right to change the Terms and Conditions at its sole discretion and without notice. Your continued access or use of the Website after any modification to the Terms and Conditions have been posted shall indicate your acceptance of and agreement to be bound by the Terms and Conditions as modified. It is your responsibility to regularly review these Terms and Conditions.

1.2       If you are under 18, you will need to obtain your parent or guardian’s permission before you send any personal information to My Charity Fund over the internet. Parent or guardian participation in and awareness of their children’s online usage are strongly encouraged.

 

2. Conditions of Use

 

2.1       Except as may be expressly authorized by My Charity Fund, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing My Charity Fund hereby grants to you a license to view, download, and retain copies of this Website and materials published by My Charity Fund on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.

2.2       You agree that you will not use any part of this Website in such a way that suggests any type of relationship between My Charity Fund and you or any entity related to you, unless you have received prior consent from My Charity Fund.

2.3       Except to the extent permitted by copyright law no copying or use of the material from this site is permitted except in accordance with this policy or the express permission of My Charity Fund.

2.4       My Charity Fund reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you.

2.5       My Charity Fund or any of its respective employees, agents, officers, directors or third party service providers (collectively, “My Charity Fund and My Charity Fund Service Providers”) shall not be liable to you or any third party should My Charity Fund exercise this right.

2.6       You represent and warrant that any information or materials you provide to My Charity Fund or post on its Website is accurate, truthful, not misleading, not confidential property of third parties, does not violate third party rights, and is offered in good faith. This includes, but is not limited to, information provided as part of any registration, to gain access to, or for use of any service offered on the Website. In addition, you agree not to use the Website in connection with any of the following activities:

2.7       My Charity Fund reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials My Charity Fund deems to be in violation of this policy.

3. Deposits and Accounts

Making the Deposit

3.1       The balance in your Account at any given time shall consist of cumulative amount of all Deposits immediately prior to that time less the amount immediately prior to the relevant time of all disbursements and transfers made in accordance with this section and less all amounts deducted in accordance with paragraph 3.4 of this Agreement prior thereto.

3.2       All Deposits made to your Account shall be given to My Charity Fund irrevocably and shall become the property of My Charity Fund, and My Charity Fund has complete discretion in the treatment of such Deposits.

3.3       When making a Deposit the Donor certifies that:

a) The gift is made completely voluntarily and that the Donor is under no legal order or contract or other compulsion to make a gift;

b)  the Donor intends to make a donation and enrich My Charity Fund at his or her own expense;

c) the Donor has the power in law to contract; and

d) the Donor owns or otherwise has title to the funds being donated and belongs to the Donor at the time of the gift.

3.4       As Deposits with My Charity Fund become the property of My Charity Fund it may invest the assets held in the Accounts at its sole and unfettered discretion. My Charity Fund retains sole discretion to make all investment decisions. Neither income nor gains from such investments will be credited to your Account. My Charity Fund shall have no obligation to invest in any particular assets nor shall it be bound by any advice or direction proffered with respect to such investment. You release My Charity Fund from any claims you or they may have with respect to the investment of the funds in your My Charity Fund Account and waive any claims that you or they may have in that regard.

3.5       At the time of the Deposit the Donor’s My Charity Fund account will be credited with the full amount of the Deposit less the Contribution.

3.6        When using My Charity Fund’s Quick Donate feature the Qualified Recipient will receive the full amount of the Deposit less the Contribution. 

3.7       Neither you nor any person or partnership who does not deal at arm’s length with you has or will receive, obtain, enjoy, or is entitled, either immediately or in the future and either absolutely or contingently receive any:

a) Consideration for the gift or monetary contribution;

b) gratitude for the gift or monetary contribution; or

c) any other benefit that is in any other way related to the gift or monetary contribution.

3.8       You acknowledge that the person making the Deposit is the person in whose name the account is registered and that the charitable donation tax receipt and any acknowledgements of the donation will be issued to the Donor

 

3.9       You further acknowledge that the Donor will receive a password to his or her My Charity Fund account and that he or she will keep this password confidential. My Charity Fund takes no responsibility for any advice, Deposits or instructions provided by any Person using the Donor’s password and no credits will be made to any account for any reason. Specifically, the use, authorized or otherwise, of a Donor’s password by any other Person is not the responsibility of My Charity Fund.

 

3.10    My Charity Fund will give full consideration to your advice on the use of the contents of your Account. However, if My Charity Fund acts upon that advice \no credits will be made should the Donor change his or her mind, deny the advice was given, or assert that the advice was given by any other Person or party or if for any other reason a Transfer was made from the Account.

Dormant account

3.11    If an Account remains dormant (i.e. no Deposits, Transfers or Donations) for a period of two years My Charity Fund may use the Default Advice to distribute the Deposits in the Account. My Charity Fund also reserves the right to seek out and accept or reject instructions from the Executor or Executrix or like official of a Donor’s estate.

Refund Policy

3.12    All Deposits made to your Account shall be given to My Charity Fund irrevocably and shall become the property of My Charity Fund, and My Charity Fund has complete discretion in the treatment of such donations. By law, donations cannot be refunded once made.

General Terms

3.13    Funds or other assets may be disbursed from an Account only to Qualified Recipients or Transferred to other Accounts.

3.14    While we will endeavour to follow instructions regarding Transfers, we retain ultimate discretion and authority to make or not make Disbursements and we are not bound by any recommendations. If there is no Account to which the Transfer can be made, and if no such Account is opened within thirty (30) days of our receipt of the instructions for Transfer, we will put the funds or other assets back into the account of the Transferor.

3.15    We fully consider the recommendations made by Donors. However, in order to comply with applicable legal requirements, My Charity Fund retains the final discretion and authority with regard to Disbursements. Disbursements from your Account shall be made at such times, in such amounts, in such ways and for such purposes as we may determine in our sole and unfettered discretion.

3.16    After any Disbursement or Transfer is made from your Account, an electronic record of such Disbursement or Transfer will be made available to you on the My Charity Fund system. For clarity, My Charity Fund has no obligation to ensure or require that the recipient of any Transfer from any other My Charity Fund Account disburses funds to a particular Qualified Recipient.

3.17    No Disbursement or Transfer from any Account may be used to discharge or satisfy a legally enforceable obligation of any Person.

3.18    Account must maintain a minimum activity level of at least one Disbursement for each period of two years. Failure to maintain a minimum activity level may result in termination of the Account.

3.19    My Charity Fund may terminate an Account for any reason by notifying you through the email account we have on file for you. When closing your Account My Charity Fund will disburse your Account to one or more Qualified Recipients as it may determine in its sole discretion, subject to any valid Default Advice.  My Charity Fund retains the right to terminate this Agreement or close any Account for any reason whatsoever as it determines in its full and unfettered discretion.

4. Accuracy of Information

4.1       My Charity Fund makes reasonable efforts to ensure that the information provided through the Website is current and accurate. My Charity Fund makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

5. Intellectual Property

5.1       My Charity Fund owns all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited.

5.2       Nothing in this legal notice or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of My Charity Fund or any third party. If you provide material or post content onto the Website you are hereby waiving all moral rights you may have in the material you have provided or posted. By providing or posting this material onto the Website you hereby grant to My Charity Fund a nonexclusive, royalty free, perpetual, and irrevocable license which allows My Charity Fund the right to use, edit, modify, adapt, reproduce, publish, distribute and display such material. You represent and warrant that you own all rights to the material you post on our website and therefore have the authority to grant such a license.

5.3       Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any trade-marks or trade-names of My Charity Fund. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of My Charity Fund or of third parties is strictly prohibited.

6. External Links

6.1       Certain links on this Website lead to other websites (“Linked Sites”). Independent parties over whom My Charity Fund has no control maintain the Linked Sites. Use of any linked site is entirely at your own risk. My Charity Fund makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. My Charity Fund therefore disclaims all liability and responsibility for the availability of information, content, accuracy, products, or services found on third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by My Charity Fund of the linked site or any goods, services or information provided through such Linked Sites.

6.2       My Charity Fund reserves the right to prohibit or refuse to accept any link to the Website which contains or makes available any content or information that includes, without limitation, unlawful, threatening, abusive, racist, libellous, defamatory, obscene, vulgar, violent, pornographic, profane or indecent information of any kind. You agree to remove any link you may have to the Website upon the request of My Charity Fund.

7. Compliance with Laws

7.1       In addition to complying with this Policy, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party’s use or enjoyment of the Website or Linked Sites.

8. Disclaimers, Limitations of Liability and Indemnification

8.1       You understand and agree that: use of the website is at your sole risk. The website is provided on an “As Is”, “As Available” basis. My Charity Fund does not provide any warranties, express or implied including but not limited to warranties regarding merchantability or fitness for a particular purpose.

8.2       My Charity Fund does not warrant that the website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability or content of any information available on or through the website. The downloading of material from the website or linked sites is done at your own risk. My Charity Fund does not guarantee or warrant that such materials are free of viruses, worms, trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the website or any linked site.

8.3       You should not rely on any opinion or other information set out in the website or any site accessible through the website when making business, financial, personal or other decisions. My Charity Fund and My Charity Fund’s service providers do not endorse the opinions of any third party expressed on the website or any site accessible through the website.

 

Limitations of Liability

8.4       To the extent permitted by law, in no event shall My Charity Fund, its service providers, subsidiaries, or affiliates and their respective officers, directors, shareholders, members, volunteers, employees, attorneys, or agents be liable for any:

(i)            Indirect, consequential, incidental, special, compensatory or punitive damages;  

(ii)          Damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property;

(iii)         Claims of third parties; or          

(iv)         Other pecuniary loss, arising out of or related to this policy, the website or any linked site.

8.5       In no event will the cumulative liability of My Charity Fund, its service providers, subsidiaries, or affiliates and their respective officers, directors, shareholders, members, volunteers, employees, attorneys, or agents arising out of or related to this policy exceed cdn $100. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

Scope of limitations and disclaimers

8.6       The disclaimer of warranties and limitations of liability set out in this policy shall apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if My Charity Fund, its service providers, subsidiaries, or affiliates and their respective officers, directors, shareholders, members, volunteers, employees, attorneys, or agents are advised of the possibility of the loss, damage, claim or liability.

Indemnity

8.7       You agree to indemnify and hold harmless My Charity Fund, its service providers, subsidiaries, or affiliates and their respective officers, directors, shareholders, members, volunteers, employees, attorneys, or agents from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) brought by you or any third party arising out of your use of this site in breach of this or any of My Charity Fund’s policies or the infringement by you of any intellectual property rights of any person or entity.

9. Jurisdiction

9.1       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.

10. General

10.1    These Terms and Conditions, any and all other notices, policies and statements contained on the Website (as the same may be amended by My Charity Fund from time to time without prior notice) constitute the entire agreement between My Charity Fund and you. It is a written agreement between My Charity Fund and you. This Policy cannot be modified except as described elsewhere herein. This Policy supersedes anything in the Website inconsistent with this Policy. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of this policy shall be construed as a waiver by My Charity Fund. No waiver of any of this Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. Severability

11.1    If in any jurisdiction any part of this Policy is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of this Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Policy 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.    

12. Amendment of Terms

12.1    You acknowledge that we may from time to time to amend, revise or otherwise modify any term of this Agreement in our sole discretion. We will post a revised version of the Agreement on the My Charity Fund system. Your continued use of the My Charity Fund system and/or services shall be evidence of your acceptance of any such modified terms and conditions of this Agreement.     

13. Entire Agreement

13.1    This Agreement constitutes the entire understanding between the parties hereto and supersedes all previous communications, representations and understandings, oral or written, between the parties, with respect to the subject matter of this Agreement.

13.2    In addition to accepting the terms and conditions set out in this Agreement by clicking the "Agree, Sign Up" button, or by using the My Charity Fund system or the services provided by My Charity Fund or by making a Donation, when you communicate with My Charity Fund by using its website or other technology involving the My Charity Fund system as contemplated in this Agreement, those communications will be considered to be made "in writing" to the extent required for purposes of this Agreement.