Terms and Conditions

 

CHARITY SUPPORTERS TERMS AND CONDITIONS

PLEASE READ THIS SUPPORTER AGREEMENT CAREFULLY. IN ORDER TO BECOME A SUPPORTER, YOU MUST CLICK TO ACCEPT THE TERMS OF THIS AGREEMENT, WHICH CONTAINS DETAILS ABOUT THE RELATIONSHIP BETWEEN CHARITY SUPPORTERS INC. AND SUPPORTERS. (AS A CAUSE ADMINISTRATOR YOU AUTOMATICALLY BECOME A SUPPORTER).IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT CLICK TO ACCEPT THIS AGREEMENT. BY ENROLLING AS A SUPPORTER, YOU AGREE TO THESE TERMS AND CONDITIONS AND UNDERSTAND THAT YOUR USE OF THE CHARITY SUPPORTERS WEBSITE IS SUBJECT TO THESE TERMS.


About Charity Supporters Inc.

Charity Supporters Inc. is an Ontario organized for profit company [operating under the registered business name CharitySupporters.com] providing an online shopping mall dedicated to helping causes meet their fundraising goals (“Charity Supporters Web Site”). Charity Supporters Inc. connects retailers, supporters and causes to help support the good work they are doing daily
in our communities.

Charity Supporters Inc. has entered into relationships with retailers in which retailers make contributions to Charity Supporters Inc. based on the purchases made through the Charity Supporters Web Site (the “Contributions”). Charity Supporters Inc. distributes 100% of the Contributions displayed on website which have accrued to Charity Supporters due to your Eligible Purchases (as defined below)  to the cause tied to such Contributions (the “Cause”)  and Charity Supporters Inc. is paid referral fees directly by the retailers so that we can continue to expand & promote our services.

Contributions are sent to a Cause monthly, 75 days in arrears.  This allows the merchants’ time to report merchandise returns.  Contributions displayed on website are sent to a Cause when the funds accrued total more than $25.00.  If an account for a Cause has less than $25 at the end of the month, the funds will carry over each month until $25 accrues.

This SUPPORTER Agreement (the "Agreement") is made between Charity Supporters Inc., an Ontario corporation (the "Charity Supporters"), and each individual consumer who enrolls ("you" or "SUPPORTER") in the program (the "Program").

1.    Enrollment:  You agree that you are at least eighteen years of age, able to enter into legally binding contracts. You further agree to provide Charity Supporters with the information requested for enrollment and to keep your information current.

2.    The Program   You understand that Charity Supporters has entered into agreements with corporations ("Corporate Contributors"), under which the Corporate Contributors have agreed to provide Contributions to Charity Supporters  based on your purchases of products and/or services according to the rules for such purchases which Corporate Contributor has established ("Eligible Purchases"). You will be able to view via your personal account (the “Account”) the amount of Contributions which have or will accrue to Charity Supporters due to your Eligible Purchases.  

You hereby acknowledge and agree that you have no proprietary or other interest in the Contributions which may be reflected in your Account and that such amounts that may be listed in your Account from time to time are for information purposes only. You agree that each Corporate Contributor is permitted to share your personal transaction data related to Eligible Purchases
with Charity Supporters for the sole purpose of administering the Program. [The Contributions will be held by Charity Supporters and where the Contributions for a particular Cause are greater than $25.00 they shall receive all amounts accrued to such account on a monthly basis, 75 days in arrears.] Eligible Purchases are determined by the Corporate Contributors in their sole discretion and each Corporate Contributor reserves the right to change or eliminate all or any portion of the stated Contribution at any time in its sole discretion, and without notice to you.

Charity Supporters does not represent or warrant that any Corporate Contributor will continue to participate in the Program at the time you enroll or any time thereafter. You agree to comply with the Program policies and rules established by Charity Supporters, as well as the terms of this Agreement, all of which may be amended from time to time. Amendments to this Agreement and
Program policies and procedures will be posted on the Charity Supporters Website. Your continued participation in the Program thereafter shall constitute your acceptance of any such amendment.

3.    Causes: Charity Supporters retains the right to limit selected Causes at its sole discretion.  SUPPORTERS may submit a Cause, if it is not listed on the web site, for review by Charity Supporters as to its acceptability and, if accepted, added to the Charity Supporters Website.

4.    The SUPPORTERS Account:  Contributions which accumulate as a result of Eligible Purchases accrue to Charity Supporters and you may review a summary of the amount that has accrued to Charity Supporters based on your Eligible Purchases via your Account. You are solely responsible for regularly reviewing your Account to determine that all Contributions have been posted accurately to your Account. In the event you believe that your Account is inaccurate you must
contact us within 180 days of the relevant Eligible Purchase. In general, you can expect that Contributions will be posted within 30-45 days of our receipt from Corporate Contributor of evidence of your Eligible Purchases. Charity Supporters is not liable for the failure to timely or accurately post information about Contributions to your Account and Charity Supporters reserves the right to determine the amount that should be reflected in your Account which
determination shall be final and binding.

5.    Account Reconciliation:  If you return any Eligible Purchases to the Corporate Contributor from whom you purchased them, or otherwise reverse any Eligible Purchases transaction or receive a credit for any or all of the purchase price for such Eligible Purchases, then any Contributions associated with such returned or credited Eligible Purchases which were posted to your Account or are pending post to your Account shall be reversed. If the Contributions have already been distributed to a Cause, you remain solely responsible for repayment to Charity Supporters for the amount of the distribution that reflects your Eligible Purchase. If you fail to repay the contribution through additional eligible purchases, then we reserve the right to
take any and all legal action necessary to collect the Contribution amount from you, including, but not limited to, pursuing such claim in a court of law, employing a collection agency or reporting such claim to a credit reporting agency.

6.    Account Management:  We may suspend or terminate your participation in the Program, in our sole discretion, if we believe you have committed fraud or abused the Program by, without limitation, engaging in a pattern of returning Eligible Purchases after the amount of a Contribution has been posted to your Account, or engaging in other fraudulent or abusive activities in connection with your participation in the Program. You are responsible for repayment of forfeited Contributions where such forfeiture is based on your actions and the forfeited amount is based on your Eligible Purchase and has been paid to a Cause by Charity Supporters.  Charity Supporters reserves the right to take any and all legal action necessary to collect the above described amount from you, including, but not limited to, pursuing such claim in a court of law, employing a collection agency or reporting such claim to a credit reporting agency.

7.    Newsletter: You are eligible to receive a newsletter and/or periodic special
announcements from Charity Supporters.   You will have an option to opt-out of receiving such newsletters, announcements or other correspondence. Notwithstanding the foregoing Charity Supporters may not be able to successfully unsubscribe SUPPORTERS using email forwarding from one
account to another and is not responsible to so doing.  The mailing lists of Charity Supporters only contain the email address that was originally used for registration.

8.    Independent Corporate Contributors:  You agree that Charity Supporters is not an agent of any Corporate Contributor or Cause and that the Corporate Contributors, as well as any Cause, act independently of, and are not under the control of, Charity Supporters with respect to any aspect of the Program. We do not represent, warrant, or guarantee that any Corporate Contributor will actually make a Contribution to Charity Supporters due to your Eligible Purchase even if it would otherwise appear by the rules of the Corporate Contributor or information contained on the Charity Supporters Web Site that your purchase was an Eligible Purchase. Further, your participation in offers or promotions of, or your correspondence with, any Corporate Contributor, is solely between you and that Corporate Contributor. We do not assume any liability or responsibility for any part of such offer, promotion or correspondence, including, without
limitation, the withdrawal or modification of any offer or promotion. Likewise, you herby agree that no Corporate Contributor is liable or responsible for our conduct with respect to the Program.

9.    Referral Fees:  Corporate Contributors have agreed to pay Charity Supporters a referral fee for your Eligible Purchases from their websites (“Referral Fee”); Charity Supporters will deduct from the Referral Fee relating to your Eligible Purchase the amount of Contributions derived from your Eligible Purchase, and direct (subject to the provisions of this Agreement) such amount to your Cause.  

10.    Contributions:  You further acknowledge and agree that you have no proprietary interest or other interest in the Contributions and may not redeem or withdraw any amounts shown in your Account for cash and that your Account is for information purposes only.

11.    Unauthorized Use :  You agree that you will not, and will not permit others to:

  • provide any unauthorized third party with access to the Program or any proprietary information, data, text, links, images, software, communications, and/or other content available from us through the internet, telephone contact with our customer service representatives, or by other means;
  • copy, distribute, modify, reverse engineer, reverse assemble, decompile, or create derivative works from the Charity Supporters Website;
  • place into Charity Supporter's computer systems code or content containing any virus, Trojan horse, worm, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • engage in any activity with respect to your participation in the Program that does not comply with applicable laws or regulations, or otherwise engage in any fraudulent, manipulative or misleading activity in connection with the Program;
  • post any materials in any form on the Charity Supporters Website or within Charity Supporter’s computer system that is defamatory, libelous, lewd, pornographic, obscene, or that promotes violence or contains any hate speech;
  • infringe on any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind, or misappropriate the trade secrets of any third party in connection with your participation in the Program.


12.    Program Discontinuation:  We may, in our sole discretion, with or without notice to you, discontinue the Program or any portion of the Program; change or limit access to the Program or Charity Supporters Website; and/or change or limit access to any functionality, feature, or component of the Program. Additionally, if we believe, in our sole reasonable discretion, that you have breached any term of this Agreement, we may suspend or terminate your participation in the Program without notice to you.

13.    Password Security:  You acknowledge that Charity Supporters will never contact you to ask you for your password. You agree to maintain the confidentiality of the user name and password you use to access your Account and other portions of Charity Supporters website. You will only allow authorized persons to access the Program and will not access it by expert system, electronic agent, "bot" or other automated means. If there is a breach of your Account, you agree to immediately change your password and notify us. Unless you immediately notify us of any breach of your Account, any use of your user name and password will be deemed to be your authorized use and Charity Supporters has no obligation to inquire into the propriety of such use.

14.    Monitoring the Services:  Charity Supporters has no obligation to monitor the Program, but may do so and disclose information regarding use of the Program for any reason if Charity Supporters, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Program properly; or protect itself and its SUPPORTERS.

15.    Collection and Use of Information:  You acknowledge that, solely for the purpose of administering the Program, Charity Supporters will collect information about you and your purchases of Eligible Products. You authorize Corporate Contributors, their respective agents, and other third parties to disclose to us all information related to your Eligible Purchases. You also authorize us to use information about you and your purchases of Eligible Products in accordance with the terms of our Privacy Notice, which is posted on our website.

16.    Termination:  This Agreement is effective when you accept it by clicking the Register button at the end of this Agreement and will remain in effect until either you or Charity Supporters terminates your membership in the Program. You may terminate your membership in the Program by following the procedures found on our website. Charity Supporters may terminate your membership in the Program without cause immediately upon notice to you.

17.    Disclaimer of Warranties:  (A) THE PROGRAM IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT ALLOWED BY LAW, CHARITY SUPPORTERS EXPRESSLY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR NON-INFRINGEMENT. FURTHER, CHARITY SUPPORTERS DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONALITY WILL BE UNINTERRUPTED, ERROR FREE, CORRECTED, OR FREE
FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (B) CHARITY SUPPORTER'S WEBSITE MAY CONTAIN ADVICE, OPINIONS, FACTS, VIEWS, STATEMENTS, CONTENT OR RECOMMENDATIONS OF THIRD PARTIES ("THIRD PARTY DATA"). CHARITY SUPPORTERS DOES NOT REPRESENT OR WARRANT THE ACCURACY OF ANY THIRD PARTY DATA DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH OUR WEBSITE. YOUR RELIANCE ON THIRD PARTY DATA IS AT YOUR SOLE RISK. FINALLY, CHARITY SUPPORTER'S DOES NOT MAKE ANY REPRESENTATIONS, WARRANTY OR GUARANTEE REGARDING THE ACCURACY OF ANY ADVERTISEMENT FOR, OR THE QUALITY OF, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY CORPORATE CONTRIBUTORS IN CONNECTION WITH THE PROGRAM.

18.    Indemnification:  You agree to indemnify and hold harmless Charity Supporters, and the Corporate Contributors, and each of their respective directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns, from and against all damages, losses and causes of action (including reasonable legal fees) incurred as a result of your participation in the Program or breach of this Agreement. You agree to cooperate as reasonably requested in the defense or settlement of any claim. Charity Supporters reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

19.    Taxes: The Income Tax Act (Canada) may restrict the deductibility of charitable contributions.  Charity Supporters is not qualified to and makes no representations or warranties as to the deductibility of any amounts which may be reflected in your Account due to your Eligible Purchases and payment of Contributions by Charity Supporters to a Cause.

20.    Exclusion of Damages :  
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM:

  • FAILURE TO SCREEN USERS OR SUPPORTERS OF THE PROGRAM;
  • ACTS OR OMISSIONS OF USERS OR SUPPORTERS OF THE PROGRAM;
  • MATERIALS POSTED BY OR FROM ANY PARTY OTHER THAN CHARITY SUPPORTERS;
  • THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER OR OBTAINED FROM THE INTERNET; AND
  • FAILURE TO PERFORM ANY OBLIGATION HEREUNDER, OR FROM ANY DELAY IN THE PERFORMANCE OF ANY OBLIGATION HEREUNDER DUE CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, SUCH AS ACTS OF GOD, WAR, EVOLUTION, CIVIL COMMOTION, TERRORIST ACTS, FIRE, EXPLOSION, POWER FAILURE, LAW, REGULATION, DIRECTIVE, ORDER ORDINANCE, OR REQUIREMENT OF ANY GOVERNMENT OR LEGAL BODY (FOREIGN OR DOMESTIC), IMPRACTICABILITY, OR LABOR UNREST.

Additionally, neither Charity Supporters, nor any Corporate Contributor, or any of their respective employees, officers, directors, third party agents or assigns ("Program Parties"), shall be liable for failure to accurately track your Eligible Purchases in the event of a computer system failure or interruption beyond their reasonable control. None of these entities shall be liable for a failure to distribute Contributions as a result of a computer system failure or interruption.

21.    Limitation of Liability :  TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARITY SUPPORTERS AND

CORPORATE CONTRIBUTORS, THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND AFFILIATES ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF USE DAMAGES AS A RESULT OF THE USE OF, OR THE INABILITY TO USE, CHARITY SUPPORTER'S WEBSITE, PARTICIPATION, OR INABILITY TO PARTICIPATE, IN THE PROGRAM, INFORMATION CONTAINED ON OUR WEBSITE, AND, IN THE CASE OF CORPORATE CONTRIBUTORS, THE
MERCHANDISE, PRODUCTS OR SERVICES OFFERED IN CONNECTION WITH THE PROGRAM, EVEN IF ANY OF THE PROGRAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CHARITY SUPPORTER’S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF OUR WEBSITE OR PARTICIPATION IN THE PROGRAM, WHETHER IN TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF CONTRIBUTIONS SHOWN IN YOUR ACCOUNT.

22.    Communications:  You agree that we may rely on and follow any instructions received by electronic means through the Charity Supporters Website just as if you had given such instructions in person, regardless of whether you have personally initiated such instructions.

You consent to receiving communications such as reports, correspondence, and other information from us electronically through either (i) your Account; or (ii) the email address you provide to us. Charity Supporters is not responsible for your inability to connect to the Internet, receive electronic communications or access our website. Electronic communications are presumed to be received by you when sent by us, whether they are actually received or not. You acknowledge that you have the necessary computer hardware and software to receive email correspondence or other electronic information from us.

23.    Copyright Notice: You acknowledge that you have read and agree to the Copyright Notice contained on our website, as amended from time to time.

24.    Assignment:  You may not assign your rights and obligations under this Agreement, in whole or in part.

25.    No Waiver; Severability:  Charity Supporter’s failure to insist upon strict compliance with any provision contained in this Agreement shall not be deemed a waiver of such provision or any other provision contained herein. If any provision of this Agreement or a portion thereof or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such provision or such
portion thereof to any other person or circumstance shall not be affected thereby.

26.    Modifications:  Charity Supporters reserves the right to modify the terms of this Agreement at any time in its sole discretion and without notice to you. Anytime modifications or amendments are made, we will post the revised SUPPORTER Agreement on our website and your continued participation in the Program and failure to terminate this Agreement shall be deemed your ratification of the Agreement as amended. No other act, document, usage or custom will be deemed a modification to this Agreement.

27.    No Third Party Beneficiaries:  Each Corporate Contributor is hereby expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you.

28.    Remedies:  All remedies in this Agreement are in addition to and not in lieu of any remedies available to either party in law or in equity.

29.    Notices:  Any notice from us to you will be in writing and delivered either by personal hand-delivery, by email, or by nationally recognized overnight courier, to the mailing address, email address specified in your enrollment form, or to any other address which you may, from time to time, provide to us for the purpose of communicating with you. Any notice from you to us will be in writing and delivered either by personal hand-delivery, recognized overnight courier  to us at 1176 O’Connor Dr., Suite 303, Toronto ON M4A 0A1 or by email at info@charitysupporters.com

30.    Equitable Relief:  Notwithstanding the arbitration provisions in Paragraph 33 you agree that any breach of Paragraph 11 is likely to cause us irreparable harm for which money damages may not be sufficient. Therefore, if you breach any provision of Paragraph 11, then we are entitled to obtain injunctive or other equitable relief, in addition to any other remedies which we may have.

31.    Governing Law; Venue:   This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of law principles.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by binding arbitration before a single arbitrator administered by the ADR Chambers Inc. using the ADR Chamber Rules. The place of the arbitration shall be Toronto.

32.    Survival:  The provisions of Paragraphs 6, 11, 15, 20, 32, 33 and any other Paragraph that by its nature survives or by its nature requires a positive obligation from you in favor of Charity Supporters, shall survive termination or expiration of this Agreement for any reason.

33.    Entire Agreement:  This Agreement without limitation, and our Privacy Policy, as displayed on the website represents the entire agreement and understanding between us and you with respect to the Program, and supersedes and cancels any and all prior written or oral agreements and understandings with respect to the Program, including, without limitation, earlier versions of this Agreement that may have been accepted by you through our website or otherwise.

Please click here to download the Terms and Conditions document.