This Website is owned and operated by Benevity, Inc. (“Benevity”). Benevity also owns and operates a web services application that facilitates online donations from users (the “Benevity Donation Platform”). Users will access the Benevity Donation Platform from either a secure log-in to the Benevity site, or through another site or proprietary system that a business has chosen to integrate the Benevity Donation Platform into their site or proprietary system (an “Integration Partner”).
This agreement governs your use of the public portions of the Benevity website (www.benevity.com). To learn about terms and conditions applicable to your use of the Benevity Donation Platform from the secure portions of the Benevity site or from the site of an Integration Partner, please read the User Agreement found on the applicable site.
Access and use of this Website is provided by Benevity to you on condition that you accept these Terms of Use, and by accessing or using this Website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website.
Benevity may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the Website periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse this Website or any secure areas, system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.
Intellectual Property
All materials (including the organisation and presentation of such material) on this Website (the “Materials”) are the property of Benevity and its licensors and may be protected by intellectual property laws, including laws relating to copyrights, trademarks, trade names, Internet domain names, and other similar rights.
Unless you have entered into a separate agreement with Benevity, such as a Benevity Platform User Agreement, any other use of these Materials without Benevity‘s written permission is prohibited.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that any copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
Currency of Website
Benevity updates the information on this Website from time to time. However, Benevity cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. Benevity may revise, supplement or delete information, services or the resources contained in the Website, and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Linked Websites
This Website may provide links to third-party Websites for your convenience only. The inclusion of these links does not imply that Benevity monitors or endorses these Websites. Benevity does not accept any responsibility for such Websites, and shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party Websites or linked resources.
Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programmes may also be inadvertently downloaded from this Website.
Benevity shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programmes that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website. Benevity recommends that you install appropriate anti-virus or other protective software on your computer.
Feel free to email Benevity at help@benevity.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Benevity is not liable for any damages related to communications to or from this Website. You agree with respect to any information provided by you to us through this Website or via email that:
- Benevity has no obligation concerning such information;
- the information is non-confidential;
- Benevity may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable Law
This Website is controlled, operated and administered by Benevity from within the Province of Alberta, Canada. This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
Privacy
Benevity is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices, and how we collect, use and disclose the personal information of those individuals who visit our Website. Please see our Website Privacy Commitment for further details.
Website and Materials Provided “As Is”
THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BENEVITY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL BENEVITY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Benevity harmless against all claims or liability asserted against Benevity arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Notice and Procedure for Making Claims of Infringement
Benevity respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a written communication addressed to our Chief Executive Officer including all relevant information.
General
Benevity‘s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
Contact
If you have concerns relating to this website or these Terms of Use, please contact Benevity at help@benevity.com or via phone at 403-237-7875.