A program of Home Instead Senior Care Foundation of Canada

TERMS OF USE

 (effective as of January 11, 2018)

Welcome to GIVE65 ®, a program of the Home Instead Senior Care Foundation of Canada.

Who We Are

The mission of the Home Instead Senior Care Foundation of Canada, a not-for profit corporation incorporated under the laws of Canada and registered with and designated as a public foundation by the Canada Revenue Agency (the "HISC Foundation of Canada"), is to support registered Canadian charities that enhance the lives of aging adults and those who care for them.  The HISC Foundation of Canada is proud to make this site (the "Site") available in connection with its GIVE65 program as a way to help generate greater giving in support of registered Canadian charities dedicated to serving seniors.  Programs like GIVE65 are important because every day 1,000 Canadians are turning age 65 (Statistics Canada 2012).  The growing senior population creates a tremendous opportunity to encourage charitable giving to registered Canadian charities' programs and services that benefit seniors.  Registered Canadian charities at the grassroots level offer aging adults resources, programs and services for a greater quality of life. 

The HISC Foundation of Canada is a registered Canadian charity approved by the Canada Revenue Agency, bearing the registration number 74780 6297 RR0001. 

The HISC Foundation of Canada is not legally affiliated with any other Home Instead Senior Care® branded foundation that operates outside Canada, Home Instead, Inc. or any of the independently owned and operated Home Instead Senior Care franchised or master franchised businesses.

Use of Site

Use of this Site is governed by the following terms and conditions and privacy policy (collectively, the "Terms"), which may be updated from time to time by and at the sole discretion of the HISC Foundation of Canada.  It is the responsibility of each User, Donor and Charity (as these terms are defined below) to periodically check these Terms prior to using the Site.  By using or continuing to use this Site, you acknowledge and agree to these Terms, including any updates to these Terms, and that such Terms provide the legally binding terms and conditions for the use of this Site.  If you do not agree to these Terms, including any updates to these Terms, please do not use or discontinue any use of this Site. 

For purposes of these Terms, a visitor of the Site will be referred to as a "User".  A registered Canadian charity that accepts the Foundation's invitation to participate in any crowd-fundraising campaign featured on the Site and is registered to use the Site for fundraising purposes will be referred to as a "Charity".  A User who elects to direct a donation will be referred to as a "Donor".  Users, Donors and Charities will also be referred to as "you" throughout these Terms, as appropriate and applicable.  The Terms outlined below apply to all Users, Donors, and Charities that visit or participate on the Site.  In addition, Charities must comply with the eligibility criteria and rules and guidelines outlined below.

Services & Fees

There is no fee for Users, Charities or Donors to participate on the Site.  The HISC Foundation of Canada anticipates but does not guarantee that Charities participating in any crowd-fundraising campaign featured on the Site will receive approximately 90 per cent (89.8 per cent) of the total donations during such campaign.  The HISC Foundation of Canada will deduct 8 per cent of each donation raised, as an administrative fee (the "Administrative Fee").  The Administrative Fee is intended to cover such items as the cost of developing and maintaining the Site's technology and a portion of the operating costs related to the administration of the Site, such as marketing and awareness activities.  The HISC Foundation of Canada also will deduct an additional 2.2 per cent of each donation raised to account for 3rd party credit card processing fees (currently estimated at 2.1 per cent of each donation made + $0.30 CAD for each online transaction made).  For purposes of the preceding sentence, each visit to the Site in which a Donor makes a donation shall be considered one transaction.

Rules of Conduct

This Site requires the highest levels of conduct from its Users.  To that end, the HISC Foundation of Canada retains the right to permanently or temporarily block access to the Site, remove content from the Site, and withhold payments while the HISC Foundation of Canada reviews or investigates any suspected misconduct of Users, Donors or Charities that do not comply with the Terms or applicable law.

In using the Site, Users, Donors and Charities agree to:

Subject to the Terms, Users may create a “hope page” on the Site for purposes of encouraging donations; provided, however, that the Charity must agree to the proposed hope page prior to its publication on the Site. 

Site Operation

The HISC Foundation of Canada shall be permitted at any time to do, and shall not be liable to any User, Donor or Charity for any claims arising from the HISC Foundation of Canada's election to do, any of the following activities:

The HISC Foundation of Canada makes no warranty or representation that:

The Site is currently supported by CiviCore, Inc. ("CiviCore").  To that end, use of this Site by any and each User, Charity and Donor is contingent upon their agreement to abide by CiviCore's privacy policy and terms of use. Please review CiviCore's privacy policy and terms of use.  If you do not agree to the terms of CiviCore's privacy policy and terms of use, including any updates thereto, please do not use or discontinue using the Site. 

For Canadian Donors

Donations made through this Site are completely voluntary.  Though all donations are appreciated, the Site can only accept donations of $10 CAD or more.  Donors do not need to establish an account to donate on the Site.  A third-party payment processor (currently, Stripe) will use the credit card information you provide solely to process your donation. By submitting your donation, you consent to (1) this third-party payment processor's and any associated bank's use of this and related information solely for purposes of processing your donation, and (2) receiving a confirmation email that your donation has been received and processed and, , a formal donation receipt from the HISC Foundation of Canada. 

When the crowd-fundraising campaign in which a Charity participates concludes, the Charity will have access to an electronic list of Donors to such campaign that includes the Donor's contact information and donation amount (this list will exclude the Donors' credit card information).  Such information is available to Charities for recognition purposes and may be used by the Charities for additional purposes as specified in their applicable privacy or other policies, which may include future donation requests. If you would prefer to keep your identity anonymous and for the Charity to not have access to this list, you may implement this preference by marking the "anonymous" option on the online giving form.

Please be sure to visit the privacy policy on this Site, at https://www.give65.ca/privacyPolicy and the privacy policy of our credit card processor at this site, http://stripe.com/us/privacy,  Please note that we strive to maintain the highest levels of integrity related to the protection of Donor information.  However, if you are not comfortable with our or any service provider's use or permitted uses of your information as described herein these Terms or in the above referenced privacy policies, please do not use this Site to submit a donation. 

Once submitted, donations are not refundable.  Should your transaction be declined by the third-party processor for any reason, the specifics of the transaction will be handled between the third-party processor, the financial institution and you.  Declined transactions may be the result of insufficient funds, a compromised credit card that was cancelled, a closed account, or a financial institution's discretion.

The HISC Foundation of Canada strives to respect and carry out the wishes of all Donors to its GIVE65 program by making every reasonable effort to allocate donations in accordance with the donors intentions.  However, to comply with federal tax rules and regulations, the HISC Foundation of Canada must retain the exclusive authority, discretion and legal control over all donated funds.  Accordingly, in the unlikely event that your selected Charity failed to comply with these Terms, its registered Canadian charity status has been revoked or cannot be verified, or it is not in good standing with regulators, etc., the HISC Foundation of Canada may alternatively add your donation to the HISC Foundation of Canada's general incentive fund that offers grants to other Charities that serve seniors and may or may not be featured on this Site or the HISC Foundation of Canada may select an alternative Charity to receive your donation that the HISC Foundation of Canada determines in good faith most closely resembles the mission, scope and programming you had originally designated. 

Donors are solely responsible for determining the tax treatment of any donations made on or pursuant to the Site, and should consult their own tax professionals regarding such tax treatment before they make such donations.

For Charities

(a) Eligibility Criteria

Only Charities that meet the following criteria will be eligible to participate in any crowd-fundraising campaign featured on the Site if invited by the HISC Foundation of Canada to do so:

Private foundations are ineligible to participate in any crowd-fundraising campaign featured on the Site. 

The HISC Foundation of Canada may share any information from a Charity's application to participate in any crowd-fundraising campaign featured on the Site with any third party for purposes of enabling the HISC Foundation of Canada to determine whether to allow such Charity's participation on the Site.

If invited, Charities that meet the above eligibility criteria may participate on the Site.  

The HISC Foundation of Canada will make the final determination as to any Charity's eligibility and invitation to participate on the Site and in any crowd-fundraising campaign featured on the Site.  For questions regarding eligibility, please contact the HISC Foundation of Canada at [email protected] or (416) 964-8897.

(b) Rules and Guidelines

 

 

(c) Representations and Warranties

The Charities using the Site represent and warrant that they: 

Each Charity using the Site further represents and warrants that the Canada Revenue Agency permits the activity that the Charity has identified on the Site.

(d) Profile

When Charities register on the Site, the HISC Foundation of Canada collects certain information from these Charities, including an email address.  The Charity is responsible for making any necessary updates to its profile included on the Site so that the information included in the Charity's profile is at all times accurate and in accordance with all of the Terms.

(e) License Rights

In consideration of being able to participate on the Site, each participating Charity agrees to give the HISC Foundation of Canada a limited, non-exclusive, royalty-free license to use its name, trademarks, trade names and logos to help promote the applicable crowd-fundraising campaign or the Site (including without limitation in the HISC Foundation of Canada's related communications and promotional materials, on the Site during the time that the Charity participates in any given crowd-fundraising campaign and for one year after such campaign's termination.  Provided a participating Charity is in compliance with the Terms at all times during the duration of any applicable crowd-fundraising campaign, the HISC Foundation of Canada grants such participating Charity a limited, revocable, non-exclusive, royalty-free license to use the HISC Foundation of Canada's "GIVE65" and "Hope for Seniors" marks (collectively, the "HISC Foundation of Canada's Marks") solely (i) as exactly outlined in the toolkit that the HISC Foundation of Canada may provide each participating Charity prior to the start of the applicable crowd-fundraising campaign, and (ii) for use in such Charity's related promotional materials during the length of such campaign. Upon the applicable crowd-fundraising campaign's conclusion or the participating Charity's violation of any of the Terms (whichever event occurs first), this license right to use the HISC Foundation of Canada's Marks shall terminate.  Any other proposed use of the HISC Foundation of Canada's Marks or any other trademarks of the HISC Foundation of Canada by any User, Donor or Charity will require the HISC Foundation of Canada's prior review and written approval. 

Matching Grants

Bonus Grants

 

In Quebec, and those charities participating on the DONNE65.ca site, there are a maximum total of two bonus grant category types associated with the GIVE65 Event.  These are defined as follows:

 

               Bonus Grant Category #1: Most Dollars Raised

   Bonus Grant Category #2: Most Unique Donors*

* Example:  If one Donor gives 5 different online donations to the same Charity, the Donor will only be counted as one Donor for purposes of this bonus grant category.

 

Content and Intellectual Property

This Site belongs to the HISC Foundation of Canada and contains content and information that belongs to the HISC Foundation of Canada or is licensed to the HISC Foundation of Canada by its third-party service providers.  You agree that the Site and such content belongs exclusively to the HISC Foundation of Canada or its third-party service providers, as applicable, and that you neither have nor will acquire any ownership rights to this Site and such content.  Use of this Site and its content other than as allowed pursuant to these Terms is strictly prohibited.

Notwithstanding the foregoing, Charities and Users have the ability to submit or upload information and content to the Site.  Except as otherwise permitted by these Terms, the HISC Foundation of Canada will not have any rights with respect to such submitted or uploaded information and content.

Indemnification

Each User, Donor and Charity that uses this Site agrees to indemnify, defend and hold the HISC Foundation of Canada and Home Instead, Inc. (provides administrative support services to the HISC Foundation of Canada), as well as their respective officers, directors, employees, consultants and agents, harmless from and against any losses, costs, claims, demands, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of the User's, Donor's or Charity's use of or inability to use the Site or its services, any alleged or actual violation of any of these Terms or the rights of any third parties, and any alleged or actual violation of any applicable laws, rules or regulations.

Use of this Site is at the sole risk of each User, Donor and Charity.  The Site is provided on an "as is" and "as available" basis, with all warranties disclaimed.  The HISC Foundation of Canada will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages related to the Site or use of the Site.

General Provisions

In the event of any conflict between any of these Terms and any statement included elsewhere on the Site, these Terms shall govern.

These Terms shall be governed by the laws of the Province of Ontario and each User, Donor and Charity that visits or uses this Site hereby consents to the exclusive jurisdiction and venue of the courts located in Toronto, ON, Canada.

Contact Us

We welcome any questions about the GIVE65 program and this Site.  Please direct any inquiries to:

Home Instead Senior Care Foundation of Canada
21 Belmont Street, Toronto, ON M5R 1P9

Telephone: (416) 964-8897
Email: [email protected]
Website: www.GIVE65.ca

 

The Home Instead Senior Care Foundation of Canada is not legally affiliated with any other Home Instead Senior Care® branded foundation, Home Instead, Inc. or any of the independently owned and operated Home Instead Senior Care master franchised or franchised businesses.