Terms & Conditions
GIVEWISE TERMS & CONDITIONS Version: 2025.04.11 GiveWise Foundation Canada ("GWFC" or "GiveWise")
These Terms & Conditions ("Terms") form a binding agreement between you and GiveWise Foundation Canada ("GiveWise," "we," "our," or "us"). These Terms govern your use of our websites and services, including the GiveGenius Button, donor accounts, and any tools provided through our platform.
By using our websites or services (whether as a donor, charity, or both), you confirm that you have read, understood, and agreed to be bound by these Terms.
SECTION A – GENERAL TERMS (Applies to All Users)
1. Acceptance of Terms
By using our platform, you agree to be bound by these Terms, our Privacy Policy, and any other applicable policies referenced herein. If you do not agree, you must not use our platform.
2. Eligibility
Our platform is intended for residents of Canada who are at least 19 years of age, or the age of majority in their province or territory of residence, whichever is greater.
If you are using our platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
3. Privacy and Communications
All users are subject to our Privacy Policy.
By using our platform, you consent to receive communications from GiveWise electronically, including email and notices posted on our sites. If you wish to withdraw this consent, you will not be able to use our platform.
4. Intellectual Property
All content and trademarks on the site are owned by GiveWise or its licensors and are protected by intellectual property laws.
You may not copy, reproduce, distribute, or create derivative works of our content or marks without written permission.
5. User Conduct and Forums
You agree not to use our sites to post or transmit unlawful, harmful, or offensive material, or to infringe on others' rights.
GiveWise may host forums, chats, or message boards but is not responsible for user-generated content.
We may remove any content at our sole discretion.
6. Third-Party Content and Services
Our sites may contain links to or integrate with third-party services. We are not responsible for their content, terms, or practices.
Your use of such services is at your own risk.
7. Feedback and Submissions
Any suggestions or feedback submitted to GiveWise may be used freely by us, without obligation to you.
8. Disclaimer of Warranties
Our platform is provided "as is" and "as available."
We do not guarantee uninterrupted or error-free service and disclaim all warranties, including fitness for purpose and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, GiveWise is not liable for any indirect or consequential damages.
If we are found liable for any reason, our total liability will not exceed CAD $100.
10. Indemnity
You agree to indemnify and hold harmless GiveWise and its affiliates from any claims or liabilities arising from your use of the platform, your content, or your violation of these Terms.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of British Columbia and Canada.
Any disputes shall be resolved via confidential arbitration in Vancouver, BC, under the rules of the American Arbitration Association.
12. Updates and Termination
GiveWise may update these Terms at any time. Continued use constitutes acceptance.
We may suspend or terminate your access at our sole discretion.
SECTION B – DONOR-SPECIFIC TERMS
13. Contributions and Giving Funds
Contributions made through our platform are final and non-refundable.
Donors may recommend grants to approved charities, but all funds become the legal property of GiveWise.
14. Tax Receipts and Payments
Tax receipts are issued for eligible contributions.
Contributions can be made by credit card, e-transfer, EFT, cheque, securities, or other approved assets, including but not limited to cryptocurrency and property.
15. EFT Authorization
You authorize us to process EFT contributions and agree that any non-sufficient funds (NSF) transactions, including EFTs and returned cheques, may be subject to an administrative fee as determined by GiveWise.
EFT authorizations remain in effect until you provide 30 days' written notice of cancellation.
16. Donor Identity and Sharing
Unless anonymous, we share the donor's name, email, donation amount, designation, donor's name, and fund name with the recipient charity.
17. Giving Fund Inactivity
If a Giving Fund is inactive for 24 months, GiveWise may disburse funds to an approved charity at its discretion.
Additionally, GiveWise reserves the right to disburse up to 5% of a Giving Fund annually, in accordance with the minimum disbursement requirements for charitable foundations set out by the Canada Revenue Agency (CRA).
SECTION C – CHARITY-SPECIFIC TERMS
18. Eligibility and Use of Services
Charities must be registered Canadian charities in good standing with CRA or non-qualified donees approved under our Generosity Works program.
Donations must be used for the purpose designated by the donor.
19. Data Handling and Privacy
Charities receive donor information only as permitted by privacy laws and may not sell or misuse donor data.
Charities may use donor information shared by GiveWise (e.g., name, email, fund name, and gift details) to send thank-you messages, impact updates, and future donation appeals, provided such communications comply with applicable privacy and anti-spam laws.
Donor data must not be sold, shared with third parties, or used outside the scope of the donor–charity relationship.
20. Fees and Disbursements
Charities do not pay GiveWise fees.
Processing fees (e.g., credit card or securities) may be deducted from the donor’s gift.
Disbursements are made weekly, but gifts over $100,000 may take up to 30 days to process.
If a gift payment fails and needs to be reissued, the reissued payment may be subject to an administrative recovery fee.
No minimum disbursement threshold applies.
21. Gift Acceptance and Compliance
GiveWise will accept all gifts in accordance with our internal Gift Acceptance Policy (GAP).
Some gifts (e.g., restricted or complex assets) may require review under the GAP.
22. Misuse and Termination
GiveWise may immediately terminate a charity’s access for misuse or violation of these Terms.
If a project fails and funds cannot be used, GiveWise may, at its discretion, return the funds to the donor’s Giving Fund. Funds will never be refunded directly to the donor.
23. Branding and Representation
Use of GiveWise tools does not imply endorsement.
Charities may not represent GiveWise as a sponsor or partner without written permission.
[Accept & Continue] (for online sign-up integration)
Questions about these Terms? Contact [email protected]
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