Terms & Conditions

GIVEWISE TERMS & CONDITIONS Version: 2025.12.03 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.

  • Access to GiveGenius or any paid charity package requires that the organization remain in good standing with the CRA and complete all required verification steps.

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.

  • Charities must ensure all donor communications accurately reflect that GiveWise issues all tax receipts, not the charity.

  • Charities may not misrepresent receipting processes associated with GiveGenius or the GiveWise platform.

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.

  • Charities do not pay GiveWise fees for receiving donations made through GiveWise. Exception: Charities that use the GiveGenius donation link on their website are charged fees on donations processed through that link.

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.

  • GiveWise may request additional documentation for gifts processed through GiveGenius as part of standard compliance.

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.

  • GiveWise may suspend or terminate GiveGenius access for non-payment of package fees, repeated donor misinformation, tampering with the GiveGenius widget, website misuse, or non-compliance with CRA rules.

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.

  • Charities must follow GiveGenius branding and naming guidelines, including “Powered by GiveWise” display requirements.

  • Charities may not alter, recreate, or misrepresent the GiveGenius Brand or URL.

SECTION D – GIVEGENIUS PARTNER TERMS

This section applies to all paid Charity Partners using GiveGenius or subscribing to any GiveWise charity package.

24. Package Fees and Payment Terms

  • GiveGenius activation and ongoing access require payment of the applicable charity package fee (e.g., Basic or Premium).

  • Payment is due prior to activation and is non-refundable.

  • Annual packages renew automatically unless cancelled according to these Terms.

  • GiveWise may change pricing with advance notice.

  • Non-payment may result in suspension or termination of GiveGenius access.

25. Activation Requirements

GiveGenius is activated only after:

  • Full payment of package fees

  • Completion of required verification steps

  • Submission of banking information

  • Successful installation of the GiveGenius URL.

  • GiveWise reserves the right to decline activation at its discretion.

26. Service Description and Scope

GiveGenius includes:

  • GiveGenius URL

  • Basic onboarding and implementation support

  • Guidance for installation and proper use

  • Access to donor gift details

  • Access to live donor information (e.g name, email address), unless donor chooses anonymous

  • Email and communication templates where applicable

GiveGenius does not include:

  • Website development or coding

  • Custom CRM integrations

  • Fundraising consulting (unless purchased through Charity Package options)

  • Modifications or custom versions of the GiveGenius tool

27. Charity Responsibilities

Charities agree to:

  • Install the GiveGenius URL correctly

  • Keep banking and organization information updated

  • Remove the GiveGenius tool immediately if no longer in good standing

  • Ensure their website is functional for donation processing

  • Notify GiveWise of any security or access concerns

Charities must not:

  • Mislead donors about receipting, processing times, or the role of GiveWise

  • Use GiveGenius in contexts that misrepresent the donation process

28. Technical & Integration Requirements

  • Charities must follow all installation and integration instructions provided by GiveWise.

  • GiveWise is not responsible for website downtime, hosting issues, conflicts with third-party plugins, CMS limitations, or donor abandonment caused by a charity’s website.

  • Charities must remove deprecated, outdated, or broken GiveGenius links promptly.

29. Support Boundaries

GiveWise provides:

  • Onboarding support

  • Basic troubleshooting

  • Guidance on installation and settings

GiveWise does not provide:

  • Custom development

  • Website restructuring

  • Integration with third-party CRMs beyond manual tools

  • Consulting or strategy development ( Outside of purchased Charity Package options)

GiveWise may prioritize support requests based on urgency.

30. Service Availability & Maintenance

  • GiveWise may perform scheduled or unscheduled maintenance.

  • Uptime is not guaranteed.

  • GiveWise is not liable for missed donations or donor abandonment caused by maintenance or outages.

31. Cancellation & Termination of Paid Packages

  • Charities may stop using the GiveGenius link at anytime.

  • GiveWise may suspend access for non-payment, technical misuse, or regulatory non-compliance.

32. Refunds, Chargebacks & Disputes

  • Charity package fees are non-refundable.

  • Donations are final and non-refundable.

  • GiveWise manages chargebacks according to internal policy.

  • Charities are responsible for disputes arising from their website or donor communications.

Questions about these Terms? Contact [email protected]

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