Phone It Forward Donor Terms and Conditions
These Phone It Forward Donor Terms and Conditions (“Terms”) apply to all Donations made by Donors for the Program. These Terms, and any agreement incorporating these Terms, form a binding agreement between CNIB and Donors. The parties may agree on additional terms and conditions which will apply in agreements which incorporate these Terms by reference. The CNIB reserves the right to update and change these Terms by posting updates and changes to the Phone It Forward website. You are advised to check these Terms from time to time for any updates or changes that may impact you.
It is the Donor’s responsibility to read these Terms carefully to understand their rights and obligations before participating in the Program. By participating in the Program, Donors are accepting and agree to be bound by these Terms:
1. The following definitions apply to these Terms:
1.1. “Agreement” means these Terms and any applicable Donor Agreement(s).
1.2. “Donation” means any donation of a smart phone by Donor to the CNIB.
1.3. “Donor” means any person or entity which makes a Donation to CNIB for the Program and includes a company or individual that enters into a Donation Agreement with CNIB.
1.4. “Donor Agreement” means any agreement between the CNIB and Donor regarding Donations and the Program.
1.5. “Program” means the CNIB “PHONE IT FORWARD” Donation Program.
2. Effective upon the CNIB’s acceptance of the applicable Donation, Donor transfers, assigns, and conveys to the CNIB all right, title, and interest in and to all Donations. Donor provides all necessary permissions and consents to the CNIB to allow it to process Donations and facilitate and operate the Program.
3. CNIB will provide the Donor, where applicable, with a tax receipt in an amount equal to the assessed value of the Donations based upon CNIB’s inspection of the condition and contents of the Donation. The Donor acknowledges and agrees that all determinations of CNIB with respect to value assigned to the Donation after inspection will be accepted as final and are not negotiable.
4. The Donor represents and warrants that:
4.1. where the Donor is an individual, the Donor is not under the age of eighteen (18);
4.2. the Donor has all the necessary right, title, and authorization to produce and transfer all right and title in the Donation to the CNIB in accordance with this Agreement and to allow the CNIB to offer, sell, and deliver the Donation to any third party;
4.3. the Donation and the rights granted under this Agreement do not infringe upon the proprietary rights, including, without limitation, copyrights, patents domain names, trademark rights or any other intellectual property or other ownership rights, of any third party;
4.4. all personally identifiable information, including and contact information provided by the Donor to CNIB is truthful, accurate and complete, and Donor has all necessary consents and authorizations necessary to provide such information to the CNIB for the purpose of operating and facilitating the Program and to send communications to applicable individuals with respect to the Program;
4.5. the Donations do not contain any virus, malware, or computer code designed to disrupt or harm the software on the Donations or any CNIB systems; and
4.6. the description of the Donations, and the Donations (and the provision of the same to the CNIB), are not: (i) false, inaccurate, or misleading; (ii) fraudulent or involve the sale of counterfeit or stolen items; or (iii) in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
5. The Donor is solely responsible for any data or information of any kind stored on the Donations when they are provided to the CNIB, including any and all personal, financial and sensitive data or information stored on or in accessories. It is the Donor's responsibility to delete all personal, financial and sensitive information from the Donations that may contain data before being donated to CNIB.
6. The Donor agrees that the donation of the Donations to CNIB is final. Neither the Donations nor any data stored thereon can be returned to the Donor after receipt of the Donations by CNIB.
8. The Donor agrees to indemnify and hold the CNIB, its respective directors, officers, employees, volunteers, authorized agents, representatives, successors, subsidiaries and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of the Donor's breach of this Agreement, or violation of any law or the rights of any third party (provided that such breach of law does not directly arise from the acts or omissions of the CNIB).
9. The CNIB makes no warranty, condition or representation of any kind, express, implied or statutory.
10. IN NO EVENT WILL CNIB BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of this agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether CNIB has been advised of the possibility of any such loss or damage.
11. This Agreement is made effective on the date set forth in the Donor Agreement or when a Donation is made (where there is no Donor Agreement) and unless terminated earlier in accordance with the terms of this Agreement, the Term of this Agreement will continue until the Donations have been processed by the CNIB. This Agreement may be terminated by CNIB without notice for any reason or no reason, at any time.
12. Any provision of this Agreement or any Donor Agreement that should, by their nature, survive termination or expiration of the Agreement, including but not limited to Sections 5, 6, 7, 8, 9, 10, 13, and 14 of these Terms, shall survive termination or expiration of this Agreement.
13. The validity, operation and performance of these Terms and any Donor Agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario, excluding any rule or principle of conflicts of law that may provide otherwise. Each party consents and attorns to the exclusive jurisdiction of the courts located in Toronto, Ontario. Each party hereby irrevocably waives, to the fullest extent permitted by law, all rights to trial by jury in any action, proceeding or counterclaim, whether in contract, statute, tort (such as negligence), or otherwise, relating to this Agreement.
14.1. All notices or requests pertaining to these Terms will be in writing and will be sent by electronic email, facsimile, or recognized commercial overnight courier. Any such communication so given or made shall be deemed to have been given or made and to have been received on the day of delivery if delivered, or on the day of sending by other means of recorded electronic communication, provided that such day in either event is a Business Day and the communication is so delivered, faxed or sent before 5:00 p.m. (Toronto time) on such day. Written notices will be sent to the parties at the addresses provided to each other from time to time. Electronic notices to CNIB will be sent to phoneitforward@CNIB.ca.
14.2. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
14.3. In the event that any provision of these Terms will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
14.4. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
14.5. This Agreement supersedes, and these Terms govern, any prior or collateral agreements with respect to the subject matter hereof.
14.6. Neither party will be liable for failure to perform any obligation under a Donor Agreement due to an act of God, natural disaster, war, civil disturbance, and action by governmental entity, strike, or any other causes beyond the party’s reasonable control.
14.7. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing, excepted as otherwise provided herein. CNIB reserves the right to make changes to these Terms at any time. Each time you wish to have Services provided, you will need to review and agree to the then-current Agreement.