Terms of Use
Welcome to www.wrcf.ca (the “Website”) which is operated by Waterloo Region Community Foundation (“WRCF”, “we”, “us” or “our”, and includes all of its officers, directors, agents, members, representatives, trustees, contractors, employees, licensors, licensees, suppliers, and partners). Please take the time and read through this Website Terms of Use Agreement (the “Agreement”) carefully before using this Website or any other websites or microsites operated by WRCF, including any tools, apps, forums, event registration pages, social media pages, blogs, contest entries and/or donations (collectively also forming part of the Website). This Agreement sets out the terms and conditions for your access and use of the Website. By using the Website in any manner (including, but not limited to, visiting or accessing the Website), you agree to be bound by this Agreement and all related policies, conditions, and guidelines. If you do not agree with any term of this Agreement, please do not use the Website. If you access and use the Website without reading this Agreement, you are still agreeing to be bound by the terms of this Agreement.
1. Waterloo Region Community Foundation (WRCF)
WRCF is a community foundation that offers flexible options for Fundholders and Donors to help them achieve their philanthropic goals. Gifts to WRCF are pooled and invested, and the income earned is distributed as grants according to WRCF’s spending policy, in support of local community projects primarily in Waterloo Region, Ontario.
2. Acceptance of Terms
This Agreement governs the access to and the use of the Website and constitutes an agreement between WRCF and users of the Website, such as you. Each time you use the Website, you signify your acceptance and agreement, and the acceptance and agreement of any party you purport to represent, without limitation or qualification, to be bound by this Agreement and WRCF’s Privacy Policy available at www.wrcf.ca/privacy, as they may be amended from time to time. By using the Website, you also represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any party you purport to represent. If you do not agree with all of the terms and conditions of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Website.
WRCF reserves the right to modify or replace this Agreement or the Privacy Policy at any time by posting the updated Agreement or Privacy Policy to its Website. It is your responsibility to check the Website periodically for such updates. Continued use of any of the Website after the posting of changes to the Agreement or Privacy Policy constitutes your acceptance of the changes.
3. Privacy and Data Collection
WRCF is committed to protecting your privacy. Our collection, use, and storage of personal information are outlined in our Privacy Policy, which forms part of these Terms.
By using the Website or submitting personal information (e.g., for donations, volunteering, or newsletter subscriptions), you consent to the collection and use of your information as described in the Privacy Policy.
4. Intellectual Property Rights
Subject to paragraph 4(a) below, all WRCF Content (as defined below) contained on the Website is the proprietary property of WRCF, its content suppliers or its licensors, as the case may be, and is protected by Canadian and international copyright, trademark, and other applicable laws. For the purposes of this Agreement, “Content” includes any and all material, information in text, graphical, video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, applications, designs, music, sound and other files, web pages, files, software, product names, company names, trademarks, logos and trade names contained on the Website together with all intellectual property rights therein. “WRCF Content” means all Content contained on the Website, other than User Content (as defined below), as well as the manner in which the Content is presented or appears on the Website, and all intellectual property rights therein. “User Content” means all Content that is submitted, transmitted, provided, posted or otherwise made available by users to the Website.
Except for the rights you may have in the User Content posted, submitted, transmitted, provided or otherwise made available by you on the Website, you do not acquire ownership rights or any implied right to any Content obtained, accessed, used or viewed through the Website, and the posting, submission, transmission, provision or otherwise making available of information or materials on the Website does not constitute a waiver of any rights in such information, materials and/or Content.
(a) User Content Licence
When you submit your original copyrightable User Content to the Website, you retain ownership of any copyright you claim to your submitted User Content. Note that certain copyright laws and other applicable laws create fair dealing or fair use exceptions for the purpose of news reporting to what would otherwise be copyright infringement. By making your User Content available through the Website, you automatically grant to WRCF a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, transferable, worldwide, sublicensable (through multiple tiers) right and licence to use, reproduce, copy, distribute, transmit, host, market, create derivative works of, modify, adapt, display and perform the User Content and any intellectual property rights therein (including but not limited to any copyright, trademark, publicity and database rights), in any form, technology or media now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of WRCF. WRCF can grant sublicences with respect to the User Content.
Subject to WRCF’s Privacy Policy where relevant, you hereby (i) agree to waive all moral rights in any User Content and any intellectual property rights therein in favour of WRCF; (ii) consent to your name appearing as the author or contributor of any such User Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with such User Content; (iii) acknowledge and agree that WRCF is not responsible for any loss, damage, or corruption that may occur to your User Content; and (iv) acknowledge and agree that any User Content you provide for display on the Website will be considered non-confidential.
When you submit User Content to the Website, you (i) represent and warrant that the User Content is original to you and that no other party has any rights thereto, and that you retain ownership of any copyright you claim to your submitted User Content, or (ii) you represent and warrant that you are legally entitled to post, submit, transmit, provide or otherwise make available the User Content and grant the foregoing licence to WRCF.
(b) Content Licence
WRCF grants to you a personal, limited, revocable, non-transferable and non-exclusive right and licence to access, use, read and download the Content located on the Website for personal, non-commercial and not-for-profit use only. This licence is revocable by WRCF at any time without notice and with or without cause. You may print pages from the Website for your personal, non-commercial use only, provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Other than as specifically described herein, no Content may be modified, copied, distributed, forwarded, framed, reproduced, republished, downloaded, displayed, posted, transmitted, provided, submitted, or sold in any form or by any means, in whole or in part, without the prior written permission of WRCF (or, in the case of User Content, the owner of the rights to the User Content), except as expressly permitted by this Agreement or by applicable copyright laws. Note that certain copyright laws and other applicable laws create fair dealing or fair use exceptions for the purpose of news reporting to what would otherwise be copyright infringement. You are responsible at all times for acting in compliance with applicable copyright laws and all other laws. You will abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Website.
5. Trademark information
WATERLOO REGION COMMUNITY FOUNDATION, WRCF.CA & Design and other marks and logos appearing on the Website are registered and unregistered trademarks or trade names of WRCF. Other product and company names and logos appearing on the Website may be registered or unregistered trade-names or trademarks of their respective owners. Any use of the trademarks, trade names and logos (collectively, the “Marks”) displayed on the Website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use, display or copy, in any manner, any Mark displayed on the Website.
6. Links to Third-Party Websites
While the Website may contain links to external third-party websites, WRCF is not responsible for the content of any linked external sites. WRCF does not endorse any external website nor accept responsibility for its accuracy, authenticity, timeliness or completeness. You access and use these linked external sites at your own risk.
7. Donation Terms
The Website enables users to make online donations to support WRCF’s charitable initiatives. By making a donation:
You confirm that the payment information provided is accurate and that you are authorized to use the chosen payment method.
All donations are final and non-refundable unless a technical error occurs (e.g., duplicate transactions). For refund inquiries, please contact us at finance@wrcf.ca.
WRCF uses funds in alignment with its mission, as disclosed on the Website or during specific fundraising campaigns.
We use secure third-party payment processors to handle transactions. While we take all reasonable measures to protect your data, we are not liable for unauthorized access resulting from third-party systems.
8. Volunteer Registration and Event Participation
The Website may include functionality for registering as a volunteer or signing up for events. By submitting a registration form, you:
Represent that the information provided is accurate and complete.
Agree to adhere to any guidelines or requirements for volunteers as communicated by WRCF.
Acknowledge that participation in volunteer activities or events is at your own risk.
WRCF reserves the right to reject any volunteer application or event registration.
9. Newsletter and Communications
By subscribing to our newsletter or other communications, you consent to receive updates and promotional materials from WRCF. You may opt out of receiving such communications at any time by clicking the “unsubscribe” link in the email or contacting us directly.
10. Accessibility
WRCF is committed to making the Website accessible to all users in compliance with the Accessibility for Ontarians with Disabilities Act (AODA). If you encounter any accessibility barriers, please contact us at info@wrcf.ca, and we will make reasonable efforts to assist you.
11. Disclaimer
The Website and the Content are for informational, reference and educational purposes only. WRCF assumes no responsibility or liability arising from any error in, or omission of, information, or from the use of any information or advice contained in any of the Website.
It is not WRCF’s intention to provide specific advice about philanthropy or charitable giving to users of the Website, but rather to provide users with information to help them better understand their options. WRCF urges users to speak with WRCF’s Staff and consult with their own professional advisors for answers to their charitable giving questions.
12. Limitation of Liability
By accessing or using the Website, you acknowledge and agree that WRCF shall have no liability for any cost, injury, damage, loss or harm arising directly or indirectly in connection with any of the User Content, the Content and/or WRCF Content on the Website or through links on the Website or from any action or inaction of any other user. If there is a dispute between you and any third party (including without limitation, any user of the website), WRCF is under no obligation to become involved, and you hereby release WRCF from any claims, demands or damages of any kind and of any nature arising out of or relating to any such dispute.
You agree that under no circumstances shall WRCF be liable to you for any damages whatsoever arising out of or related to access to or use of the Website and/or the use of links to other websites, whether or not any such damages might be foreseeable and even if WRCF is informed of their possibility, including without limitation, liability for loss of profit, business, contracts or revenues or direct, indirect, special, punitive, incidental or consequential losses or damages. To the extent permitted by law, all implied terms are excluded.
This exclusion or limitation of liability applies regardless of the form of action or proceeding, whether in contract, tort, strict liability, breach of statutory duty or otherwise.
You have the sole responsibility for any decisions you make based on information contained in the Website.
If you use the Website, you are agreeing that this limitation of liability is reasonable and in keeping with the nature of the Website.
If you are dissatisfied with the Website or with this Agreement, you agree that your sole and exclusive remedy is to discontinue using the Website.
13. No Warranty
You agree that the Website is provided on an “as is” basis, and that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, WRCF disclaims all warranties, express or implied, in connection with the Website and your access to and use thereof, including without limitation any implied warranty of merchantability and fitness for a particular purpose, title, non-infringement, security, accuracy or any implied warranty arising from course of dealing or usage of trade. WRCF makes no warranties or representations about the credibility of the users of the Website, or about the truthfulness, accuracy or completeness of the User Content, the Content and/or WRCF Content on the Website or the content of any websites linked to the Website, or the availability, quality, characteristics, legitimacy, functionality, security or safety of any User Content, Content and/or WRCF Content posted, displayed, submitted or transmitted on the websites, or any descriptions or literature about the User Content, the Content and/or WRCF Content. WRCF also makes no representations or warranties that the User Content, the Content and/or WRCF Content on the Website is fit for any particular purpose or will meet any user’s requirements, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the User Content, the Content and/or WRCF Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (v) any errors or omissions in any User Content, Content and/or WRCF Content, or for any loss or damage of any kind incurred as a result of the use of any User Content, Content and/or WRCF Content posted, emailed, submitted, displayed, transmitted, or otherwise made available via the Website.
14. Indemnity
By accepting this Agreement, you agree to indemnify and hold WRCF harmless from any and all claims, demands, losses, damages, liabilities, expenses or tax assessments, including reasonable legal fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of or relating to (i) any User Content that you submit, post, transmit, provide or otherwise make available through the Website, (ii) your use of the Website, (iii) your connection to the Website, (iv) your actual or alleged breach of this Agreement, (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.
15. Linking and Framing
While WRCF welcomes links to its Website, your website cannot state or imply that WRCF endorses or supports an organization, agency or program without WRCF’s prior written permission. WRCF reserves the right to summarily cancel and revoke at any time and without notice any permission it may give to link to the Website.
The framing of the Website or any of the Content in any form and by any method is strictly prohibited.
16. Miscellaneous Provisions
Entire Agreement. This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and WRCF pertaining to the subject matter hereof. You agree to review this Agreement prior to any use of the Website, and each use of the Website by you shall constitute and be deemed your unconditional acceptance of this Agreement. WRCF may prospectively modify this Agreement by posting a revised Agreement on the Website.
No Agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
Governing Law and Forum. WRCF controls www.wrcf.ca from its offices within the Province of Ontario, Canada. By accessing and using the Website, you agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
Waiver and Severability. The failure of WRCF to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. In the event that any provision of this Agreement is held by a Court or a tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portion of this Agreement will remain in full force and effect.
General. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against WRCF related to the Website, the Content, the User Content, WRCF Content and/or this Agreement, and where applicable, you also agree to opt out of any class proceedings against WRCF or its licensors.
Notices. WRCF may provide you with notices, including without limitation, those regarding changes to this Agreement, WRCF’s Privacy Policy, and other service-related announcements, by email or postings on the Website.
Assignment. WRCF may assign this Agreement to any successor of WRCF. This Agreement cannot be assigned or transferred, in whole or in part, by you. This Agreement will enure to the benefit of and be binding upon each of us and our respective heirs, administrators, successors and permitted assigns.
Headings. All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement.
E-mail. The inclusion of any email addresses on the Website is not consent to receiving unsolicited commercial electronic messages or SPAM.
17. Termination
WRCF reserves the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Website will immediately cease. All provisions of this Agreement will survive termination, including without limitation, intellectual property ownership provisions, licenses, warranty disclaimers, indemnities, and limitations of liability. WRCF reserves the right to modify or terminate the Website for any reason, without notice, at any time.
Typically, such clauses must be clearly presented to the user, and users should have had an opportunity to read and accept the terms (e.g., by clicking “I agree” to the policy (e.g., through a “clickwrap” agreement). That’s not practical for WRCF, and I would think that the risk associated with not doing this is low. (i.e. what are the chances of a user suing WRCF over the Website?)
As of January 2025
Contact Information
If you have questions, concerns or complaints relating to WRCF’s Terms of Use, please contact us at:
Email: info@wrcf.ca
Phone: 519-725-1806
Mail:
200-2 King Street West
Kitchener, ON N2G 1A3