Website terms and conditions
Human Appeal Foundation (“Human Appeal”) is a registered charity with the Canada Revenue Agency (CRA no. 749264545 RR001).
The registered office is:
55 Village Centre Pl
Mississauga ON L4Z 1V9
Canada
Please read the following terms and conditions carefully as they govern the use of this website.
All material contained within the Human Appeal website (https://humanappeal.ca/) (the “site” or “website”) is covered by a disclaimer and protected by copyright laws.
1. Definitions
In these terms and conditions the following capitalized words shall have the following meanings:
“content” means all material including, without limitation, text, video, graphics and audio, published on the website, whether copyright of Human Appeal or a third party;
“intellectual property rights” means all patents, designs rights, trademarks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, rights in information and all other similar or equivalent rights existing now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;
“website” means this website.
2. Accessing this site
a. By using the website you agree to be legally bound by these terms and conditions, which shall take effect from your first use of the website. If these terms and conditions are not accepted in full, the use of the website must be terminated immediately. In addition to complying with these terms and conditions, you agree to use the website and services available on or through the website in compliance with local, national or international laws and regulations.
b. Human Appeal reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of the website after any changes are posted means you agree to be legally bound by these terms as updated and/or amended. You agree to review this agreement periodically to ensure you are aware of any changes.
c. Human Appeal reserves the right to withdraw or amend the service it provides on the website without notice and will not be liable if for any reason the website is unavailable at any time or for any period.
d. You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and conditions, and that they comply with them.
e. No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through the website is at your own risk.
f. You agree to use the website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else's use and enjoyment of, the website.
g. You represent and warrant that any information or materials you provide to Human Appeal or post on the website is accurate, truthful, not misleading, not confidential property of third parties, does not violate third party rights, and is offered in good faith. This includes, but is not limited to, information provided as part of any registration, to gain access to, or for use of any service offered on the website. In addition you agree not to use the website in connection with any of the following activities: a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; b) for illegal or fraudulent purposes; c) for transmitting or distributing any objectionable material that is illegal, harassing, defamatory, tortuous, sexually explicit, obscene, hateful, or racist; or d) for transmitting material that contain computer programs including but not limited to viruses, Trojan horses, worms, time bombs, and cancel bots, which are designed to disrupt, destroy, harm, or damage the operation of the website or computer. Human Appeal reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials Human Appeal deems to be in violation of these terms and conditions.
3. Intellectual Property Rights
a. Human Appeal and its licensors own all rights, title and interest in the website and you acquire no interest therein. All content on the website https://humanappeal.ca/is the copyright of Human Appeal or third parties. The materials provided on the website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by trademark and copyright. All rights are reserved.
b. You may view the content on screen. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the content in any way except for non- commercial personal or educational use.
c. You agree not to adapt, alter or create a derivative work from any of the content except for non-commercial personal or educational use. Any other use of the content requires the prior written permission of Human Appeal.
d. The status of Human Appeal (and that of any identified contributors) as the authors of any content must always be acknowledged.
e. If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the content in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
f. The names, images and logos identifying Human Appeal or any other third parties referred to on the website and their products and services may be subject to copyright, design rights and/or trademark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of Human Appeal or any other third party.
4. Trademarks
"Human Appeal" and the "Human Appeal" logo are trademarks and registered trademarks of Human Appeal Foundation and its affiliates. All other trademarks and logos used in this website are the trademarks or logos of their respective owners.
5. Reliance on information posted
a. Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. Human Appeal therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the website, or by anyone who may be informed of any of its contents.
b. Human Appeal updates the website regularly, and may change the content at any time. Whilst all reasonable efforts have been made to ensure the accuracy of content, no responsibility can be taken for any error or omission. Any of the content on the website may be out of date at any given time, and we are under no obligation to update such material.
6. Limitation of Liability and Indemnity
You understand and agree that: use of the website is at your sole risk. The website is provided on an “as is”, “as available” basis. Human Appeal does not provide any warranties, express or implied, including but not limited to warranties regarding merchantability or fitness for a particular purpose. Human Appeal does not warrant that use of the website will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability or content of any information available on or through the website. The downloading of material from the website is done at your own risk. Human Appeal does not guarantee or warrant that such materials are free of viruses, worms, trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the website. You should not rely on any opinion or other information set out in the website when making business, financial, personal or other decisions. Human Appeal and Human Appeal service providers do not endorse the opinions of any third party expressed on the website or any site accessible through the website.
Limitations of Liability. To the extent permitted by law, in no event shall Human Appeal, its service providers, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents be liable for any: (i) indirect, consequential, incidental, special, compensatory or punitive damages; (ii) damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of, or damage to, property; (iii) claims of third parties; or (iv) other pecuniary loss, arising out of or related to this policy, the website or any linked site. In no event will the cumulative liability of Human Appeal, its service providers, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents arising out of or related to this policy exceed CDN $100.00. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
Scope of Limitations and Disclaimers. The disclaimer of warranties and limitations of liability set out in these terms of use shall apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if Human Appeal, its service providers, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents are advised of the possibility of the loss, damage, claim or liability.
Indemnity. You agree to indemnify and hold harmless Human Appeal and its service providers, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) brought by you or any third party arising out of your use of this site in breach of this or any of Human Appeal policies or the infringement by you of any intellectual property rights of any person or entity.
7. Privacy Policy
a. We process information about you in accordance with our privacy and cookie policy. By using the website, you consent to such processing and you warrant that all data provided by you is accurate.
8. Viruses, hacking and other offences
a. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful.
b. You must not attempt to gain unauthorized access to the website, the server on which the website is stored or any server, computer or database connected to the website.
c. You must not attack the website via denial-of-service attach or a distributed denial-of-service attack.
d. If you breach any of paragraphs above, you will be committing a criminal offence under the Computer Misuse Act 1990. Human Appeal will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
e. Human Appeal will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content, or any website linked to the website.
9. Linking to the website
a. You may link to the website, provided you do so in a way that is fair and legal and does not damage the reputation of Human Appeal or take advantage of it either commercially and non-commercially. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Human Appeal where none exists.
b. You will remove any such link immediately if requested by Human Appeal.
10. Links from our website
a. The website may contain links to other websites. These links are provided for your convenience and Human Appeal has no control over such websites, nor is it responsible for their content. Human Appeal’s Privacy Policy does not extend to any websites that can be accessed from https://humanappeal.ca or any related websites within the domain of https://humanappeal.ca. The inclusion of these links on the website does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated. Human Appeal cannot guarantee the security of these sites, the operation of the links or that they will be virus-free.
b. Your use of any third party websites is at your own risk and subject to their respective terms & conditions and privacy policies. Human Appeal accepts no responsibility for any loss or damage that may result from your use of any third party websites.
11. Donations
Your donations may be reallocated to where the need is greatest. Human Appeal work hard to ensure the process of making a donation is streamlined and trouble free. However we realize that sometimes mistakes can happen. Under charity law, charities are not permitted to refund donations, other than in specific circumstances. If a mistake has occurred or you would like to discuss your donation please contact our Customer Care Team at customercare@humanappeal.ca or give us a call on (844) 225 2251. We are happy to help and we'll ask you a few questions to determine what's happened so that we can help in any way we can. We are committed to the highest standards of legal compliance and we treat all requests for refunds with the utmost importance.
12. Jurisdiction and applicable law
a. The terms and use of the website shall be governed by the laws of the Province of Ontario, and the laws of Canada applicable thereto, and shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, and the federal courts of Canada as applicable, although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
b. If there is any conflict between these terms and conditions and any rules and/or specific terms of use appearing on specific sections of the website, then the latter shall prevail.
13. Disclaimer
It has come to our attention that some third parties, intentionally or otherwise, are confusing our official name, Human Appeal Foundation, with other entities that use the word "Human" or “Appeal” either together or as part of their own name.
We do not operate under any other name than our official name of Human Appeal Foundation, there are no alternative versions of our official name and we use the logo as detailed on our website only. Human Appeal is fully independent and not part of any other charity or non-profit organization. We are a registered charity with the Canada Revenue Agency (CRA no. 749264545 RR001).
Human Appeal operates around the world to save lives in collaboration with recognized global organizations such as the United Nations.
14. Modification of the Terms and Conditions
Human Appeal may modify the terms of this agreement on this site. You agree to periodically review this agreement to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site. Your continued use of this website following such notification of any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.
15. Enforceability
If any part of these terms and conditions is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of these terms and conditions shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining terms and conditions shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.
16. Your concerns
If you have any concerns about material, which appears the website, please contact:
Email: - customercare@humanappeal.ca
Phone: - (844) 225 2251
Last updated: December 2024
