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Terms and Conditions

By electing to give a donation in response to a Mobile Giving Foundation Canada campaign, you agree to be bound by a set of terms and conditions. If you do not agree to be bound or cannot comply with the following terms and conditions, do not continue the donation.

Terms of your gift:

Thank you for contributing to a Mobile Giving Foundation Canada campaign. Your donation is to the Mobile Giving Foundation Canada (MGFC), a registered charity, which re-grants your donation to the charity(ies) you designated through your text message donation. Your donation will appear as Mobile Giving Foundation Canada or MGFC on your wireless statement.

Please consult your tax or financial advisor for specific questions about your gift. All MGFC approved organizations are registered charities and donations should be tax deductible. Please print a donation receipt at Tax Receipt. Your donation is immediate and irrevocable. Accordingly, the MGFC cannot refund or cancel your donation. Please check with your wireless operator for operator specific refund policies.

Payment to Designated Registered Charity:

MGFC collects donations paid by you from your wireless operator. In some instances, your donation will be deducted from your pre-paid balance with your wireless operator. The wireless operators remit 100% of your donation to MGFC. Within 30 days of the MGFC’s receipt of collected donations from the wireless operator, MGFC grants 100% of the donation to the designated registered charity.

Donation Types:

$5 Donations – A donation of $5.00 will be added to your mobile phone bill. You may donate the $5.00 amount up to 6 (six) times per monthly billing cycle. All charges are billed by and payable to your wireless operator.

$10 Donations – A donation of $10.00 will be added to your mobile phone bill. You may donate the $10.00 amount up to 3 (three) times per monthly billing cycle. All charges are billed by and payable to your wireless operator.

$20 Donations – A donation of $20.00 will be added to your mobile phone bill. You may donate the $20.00 amount up to 1 (one) time per monthly billing cycle. All charges are billed by and payable to your wireless operator.

$25 Donations – A donation of $25.00 will be added to your mobile phone bill. You may donate the $25.00 amount up to 1 (one) time per monthly billing cycle. All charges are billed by and payable to your wireless operator.

Recurring Monthly Donations – As a follow up to an initial text message donation, MGFC has enabled Registered Charities to send the donor an additional message asking if they would like the option to donate every month as a part of a recurring monthly donation program. In order to participate, you must reply to the text message with the keyword YES to accept. By accepting, you will receive a monthly reminder message in advance of every monthly donation to provide notice of the date that the next donation will be charged to your wireless bill, or be deducted from your prepaid balance. On the date noted within the reminder message, you will receive a confirmation text message indicating that the donation has been charged. At any point in time, you have the option to unsubscribe from this program by sending the keyword STOP to the applicable short code number from which the messages are delivered. By sending the keyword STOP, you are preventing any further messaging to your wireless device, as well as any future donation charges to your account (or deductions from your prepaid balance). All charges are billed by and payable to your wireless operator.

Help, Cancellation and Additional Information:

• If you would like to receive help, please send “HELP” to the applicable short code (20222).

• If you would like to Opt-Out, please send STOP to the applicable short code (20222).

• For support please email support@mobilegiving.ca or call 855-643-6431

Service, Warranties and Liability:

This service is available through the following wireless operators: Bell, Eastlink, Fido, Koodo Mobile, MTS, Rogers, Solo Mobile, TELUS, Videotron, Virgin Mobile, and WIND Mobile.

The MGFC is not liable for any delays related to the transmission of any text messages, donations, alerts, etc. Delivery is subject to and dependent upon the applicable network operator. All services are provided “as is” with no warranties by the MGFC or its agents, licensors, business partners, associated charities and/or suppliers (collectively the “MGFC Parties”). The MGFC Parties expressly disclaim to the fullest extent permitted by law all express and implied warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. You understand and agree that you use the services and/or donate through the MGFC at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data. When making a donation through the MGFC service, a variety of personal information will be collected and shared with the registered charity to which you have designated your donation. The MGFC and designated registered charity may send you additional messages. If at any time you wish to discontinue such messages, you may opt-out in accordance with these terms.

EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THE MGFC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED HEREUNDER.

You agree to indemnify and hold harmless the MGFC and its agents, employees, representatives, licensors, affiliates, parent and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the service (collectively “Claims”), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.

MGFC’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS. UNDER NO CIRCUMSTANCES SHALL THE MGFC OR THE MGFC PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.

PRIVACY: For additional information regarding the use of information collected in connection with the service please refer to the Privacy Policy.

General

Promotions and Advertising

The MGFC and/or its business partners may present advertisements and promotional materials on or through the service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither the MGFC nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the service.

The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the service. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of your use of this service.

These terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the services hereunder shall be of no effect. The failure or delay of the MGFC to exercise any of its rights under these terms, notably upon any breach of this agreement, shall not be deemed a waiver of those rights.

If any provision of these terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these terms will remain in full force and effect. The enumeration and headings contained in these terms are for convenience only and are not intended to have any substantive significance in their interpretation. Any correspondence, notice or request permitted to be given under or in connection with these terms and conditions or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service directly to the MGFC addressed as follows:

Email: support@mobilegiving.ca
Phone: (855) 643-6431

Mail:
Mobile Giving Foundation Canada
80 Elgin Street, Suite 300
Ottawa, ON K1P 6R2
Attn: Manager

MGFC may modify or terminate its services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these terms by updating this posting. Please review these terms from time to time so that you will be apprised of any changes. Use of this service following a change to the terms constitutes agreement to the new terms. If you cannot comply with the amended terms, your only remedy is to cease any future donations.

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