Last revision: December 2, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Evermore Centre Inc (the "Website').
Your access or use of the Website indicates that you have read, understand, and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.
3. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.
b) you agree to immediately notify us to any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us to any changes to this information as required to keep such information held by us current, complete and accurate.
4. PAYMENT
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all to which you are responsible for. When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate tor the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card tor an amount as nigh as the full price. It you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or we believe in doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, it we believe doing so may prevent financial loss or a Violation to law. Payment tor any ongoing services is billed automatically until notification that you would like to terminate your access to the services.
5. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. It you are unhappy with a service being sold on our website; you may request a refund.
6. DONATIONS
The Evermore Centre will use your donation at our discretion but within our stated charitable objectives for our fundraising campaigns as well as general donations.
All payments through the Website are to be made by payment card.
Once you confirm to The Evermore Centre, via the Website, that you wish to proceed with your donation your transaction will be processed through our payment services provider, Global payments. By confirming that you wish to proceed with your donation you authorize Global payments to request funds from your credit, debit, or PayPal card provider.
These Donation Payment Terms and Conditions will only apply to successive donations made through the Website where you have set up a monthly donation. When you set up a regular monthly donation you will be scheduling a series of donations to be made on the day of the month that you choose until further notice. You agree that these Terms and Conditions will apply to each of the donations in that series.
By confirming that you wish to proceed with a monthly donation you authorize The Evermore Centre’s payment service provider Global payments to request funds from your credit or debit card on the day of each month that you set.
To cancel your regular donation please contact The Evermore Centre at info@evermorecentre.ca with the subject line reading “cancel regular donation” .
7. REFUND POLICY
If you make an error in your donation please contact us by email at info@evermorecentre.ca or by phone at 306-665-7272 within 14 days and a full refund will be issued to you.
8. ACCEPTABLE USE
You agree not to use the Website tor any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Evermore Centre Inc You turner agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another,
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
9. PROTECTION OF PRIVACY
Through your use to the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate. When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on now you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others. We use the information gathered from you to ensure your continued good experience on our website, including through email communication We may also track certain to the passive information received to improve our marketing and analytics and for this, we may work with third-party providers. If you would like to disable our access to any passive information we receive from the use to various technologies, you may choose to disable cookies in your web browser Please be aware that we will still receive information about you that you nave provided, such as your email address. If you choose to terminate your account, we will store information about you for a reasonable period to time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
10. REVERSE ENGINEERING & SECURITY
You may not undertake any to the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention to encryption or other security tools, data mining or interference to any host, user or network.
11. DATA LOSS
We are not responsible tor the security of your Account or Content. Your use of the Website is at your own risk.
12. INDEMNIFICATION
You defend and indemnify Evermore Centre Inc and any to its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse to the Website, your öreacn of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense; it we wish to so.
13. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, tor any reason, but that the we will have no liability tor any damage or loss caused as a result of such downtime.
14. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, tor any reason, including because the operation or efficiency to the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we nave received a third pans,' complaint which relates to your use or misuse of the Website, or you nave been or are in öreacn of any term or condition to these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers opt services, merchandise, or information, to any suspension, restriction, or termination of your access to the Website.
15. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty to merchantability We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error- free, or secure. We also make no warranties as to the reliability or accuracy to any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use to the Website is your sole responsibility and we are not liable for any such damage or loss
16. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost. For more information, please refer to our Privacy Policy, available on the Website.
17. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result to your use of the Website, to the fullest extent permitted by law. The maximum liability to Evermore Centre to Saskatchewan Inc arising from your use to the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Evermore Centre Inc in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
