Terms Of Use
Your use of the Promise Keepers Canada | Impactus (PKC | Impactus) website is subject to the following terms and conditions of use and sale and all applicable laws. By accessing and browsing the PKC | Impactus website, you accept, without limitation or qualification, these Terms.
PKC | Impactus reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the PKC | Impactus website without prior written notice at any time, and from time to time, at PKC | Impactus’s sole discretion. Following any such modification, your continued use of the PKC | Impactus website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.
PKC | Impactus has or will have products, services and resources available through the PKC | Impactus website. You are responsible to ensure that your access to the PKC | Impactus website and the information and material available on or through it are legal in each jurisdiction in or through which you access or view the PKC | Impactus website and such information and material.
The terms “we”, “us”, and “our” used in these Terms also refers to PKC | Impactus.
PKC | Impactus urges you to read these terms carefully, as they include provisions such as limitation of liability, dispute resolution, and other provisions that may limit your rights.
Acceptable Use Policy
As a condition of your use of the PKC | Impactus website, you hereby represent and warrant to PKC | Impactus that you:
Will only use the PKC | Impactus website for lawful purposes in accordance with these Terms and our online Privacy Policy.
Agree to honour the PKC | Impactus intellectual property rights;
Agree to provide us with accurate information to properly conduct the PKC | Impactus website and to take responsibility for the information you provide.
Acknowledge that we may be unable to process and shall have no responsibility to process requests if we cannot validate the accuracy of information you provide.
Will refrain from using unlawful, defamatory, profane, vulgar, inflammatory, libelous, pornographic or discourteous language or material in any e-mail or form entry created through the PKC | Impactus website; and shall not interfere or attempt to interfere with the operation of the PKC | Impactus website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or other means expressly prohibited by any provision of these Terms.
Product Information & Availability
PKC | Impactus attempts to be as accurate as possible in describing all products and resources available for sale and/or distribution by PKC | Impactus. However, PKC | Impactus does not warrant that product descriptions or other content of the PKC | Impactus website are accurate, complete, reliable, current or error-free.
The availability of certain products may be limited, and products may not be available for immediate sale. PKC | Impactus may revise or cease to make available any products at any time without prior notice. In the event that PKC | Impactus is unable to deliver a product ordered to you due to lack of availability, PKC | Impactus will notify you via e-mail and/or telephone call to consider reasonable alternatives
Product Orders
Before submitting an order for the purchase of products using the PKC | Impactus website, you will be shown an order confirmation screen describing, among other things, the product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order, your order will constitute an offer from you to purchase the product(s) described in the Order Confirmation from PKC | Impactus for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on PKC | Impactus until accepted by PKC | Impactus.
Product Pricing
All prices for product orders, event registrations and resources are quoted and shall be processed in Canadian dollars. Although PKC | Impactus strives to provide accurate product and pricing information, errors may occur. PKC | Impactus reserves the right to correct any errors in pricing or product information and to modify the prices of products, at any time, without prior notice. PKC | Impactus cannot confirm the price of a product until after you submit an order for the product. In the event that the price or related information for a product as described on the PKC | Impactus website is incorrect due to an error in pricing or product information, PKC | Impactus may, at its sole discretion, refuse or cancel your order, whether before or after PKC | Impactus’s acceptance thereof. If there is such an error in pricing, PKC | Impactus will.
Privacy
Our privacy practices respecting the information we collect during your visit to the PKC | Impactus website are explained in our Privacy Policy. Your continued use of the PKC | Impactus website implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to our use of your personal information and the content which you provide us through the PKC | Impactus website and any social networking pages (such as but not limited to Facebook, Instagram, Twitter and YouTube) in accordance with the terms of and for the purposes set forth in our Privacy Policy.
Cancellation
PKC | Impactus reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, PKC | Impactus will issue a full refund.
Payment Terms
Payment is expected at time of purchase or upon due date of purchase order. Any discounts claimed at time of purchase will be reflected on payment. Your payment information is private and will not be shared with any other party.
Terms of payment for any products purchased through the PKC | Impactus website shall be determined at PKC | Impactus’s sole discretion. Payment shall be made by credit or debit card. Any payments made by credit or debit card are subject to the approval of the financial institution that has issued the credit card. All credit cards presented at time of payment must have a valid expiration date and security code.
Shipping & Taxes
PKC | Impactus will ship any product(s) ordered by you via Canada Post to the address indicated in the Order Confirmation. Delivery times provided by PKC | Impactus are estimates only and cannot be guaranteed. PKC | Impactus shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all product prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes, duty, customs fees and insurance. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes, duty, insurance and fees associated with the order.
Returns
All product returns are handled on a case by case basis. If you wish to return a product please contact our head office at 1-800-901-9700 or info@promisekeepers.ca.
Refunds of Donations
PKC | Impactus follows CRA guidelines for donation refunds and does not perform refunds of donations except under extenuating circumstances that are deemed appropriate at the discretion of the Director of Operations or President.
These exceptions and circumstances may include, but are not limited to:
- Credit card chargebacks or threatened chargebacks;
- De-registration of a charity recipient with CRA;
- Dispute over authorization of the transaction charge;
- Suspected fraud or misdirection in the donation or by the charity recipient;
- Technical errors;
- Donor data entry errors.
If a refund is issued, PKC | Impactus will cancel the original donation receipt issued to the donor.
Exclusion & Disclaimer Of Warranties
PKC | Impactus makes no representation or warranty regarding the functionality, the good working order or condition of the PKC | Impactus website, its suitability for use, or that its use, or any information or material, including any downloadable software, accessed from or through the PKC | Impactus website will be uninterrupted or error-free. PKC | Impactus does not represent, warrant or undertake that any errors on or relating to the PKC | Impactus website will be corrected, or that any server from which the PKC | Impactus website is operated is or will be free from viruses or other harmful components.
Except as expressly provided for in these terms, the PKC | Impactus website and all materials, products and information provided through or on this PKC | Impactus website are provided to you on an “as is”, “as available”, “with all faults” basis and PKC | Impactus does not make or give any representation, warranty or condition of any kind, whether express or implied, written or oral, statutory or otherwise, including without limitation (i) warranties as to uninterrupted or error-free transactions, privacy, or security, (ii) accuracy, adequacy or completeness of the PKC | Impactus website and the content thereof, the information, materials and functions made accessible by the software used on or accessed through the PKC | Impactus website, any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the PKC | Impactus website or any linked PKC | Impactus website; or (iii) merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade. These exclusions are in addition to any specific exclusion otherwise provided in these terms.
Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
This section shall survive the termination or expiry of this agreement.
Indemnification
By using the PKC | Impactus website you hereby agree to indemnify, defend and hold harmless PKC | Impactus from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable legal fees) incurred by PKC | Impactus in connection with any claim arising out of, based upon or resulting from your use of the PKC | Impactus website. PKC | Impactus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of PKC | Impactus.
For the purposes of this section, “company” shall include PKC | Impactus’s respective directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees and third-party suppliers.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will PKC | Impactus be liable for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to, any lost data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of the PKC | Impactus website, including without limitation the materials or information provided through the PKC | Impactus website, the products, or the transactions conducted on or from the PKC | Impactus website, even if PKC | Impactus or any of its lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim.
In particular, and without limiting the preceding paragraph, in no event will PKC | Impactus be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of transmission errors or problems, telecommunications service providers, PKC | Impactus’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of PKC | Impactus.
If, despite the limitations above, PKC | Impactus is found liable for any damage or loss in connection with the PKC | Impactus website, in no case will PKC | Impactus’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than, the amount paid by you, if any, in connection with your use of the PKC | Impactus website and to which the claim relates.
If you are dissatisfied with these terms or the PKC | Impactus website, your sole and exclusive remedy is to discontinue using and accessing the PKC | Impactus website.
Certain federal or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
For the purposes of this section, “PKC | Impactus” shall include PKC | Impactus’s respective directors, officers, employees, agents, mandataries, contractors and third-party suppliers.
This section shall survive the termination or expiry of this agreement.
Your Material
PKC | Impactus is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the PKC | Impactus website or any other PKC | Impactus websites including any Company pages on social networking sites and webpages such as but not limited to Facebook, Instagram, Twitter or YouTube (collectively, your “Material”). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of PKC | Impactus or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, pornographic, abusive, fraudulent, or that violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold PKC | Impactus harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. PKC | Impactus reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
Confidentiality Of The Material Transmitted
Other than your information needed to process donations, event registrations, or product/resource orders, PKC | Impactus does not wish to receive Material from you that is confidential, secret or proprietary information.
You hereby acknowledge and agree that any or all information and material provided by you to the PKC | Impactus website may be included in a PKC | Impactus database in which we have rights and interests, including but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the PKC | Impactus website to the fullest extent permitted by law. You, therefore, consent to PKC | Impactus using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of PKC | Impactus or the disclosure of your identity, in accordance with these Terms and the PKC | Impactus Privacy Policy.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the PKC | Impactus website, you hereby grant PKC | Impactus a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by PKC | Impactus of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against PKC | Impactus for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that PKC | Impactus is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to PKC | Impactus or the PKC | Impactus website, no confidential, fiduciary, contractually implied or other relationship is created between you and PKC | Impactus other than pursuant to these Terms. PKC | Impactus shall not be responsible for the payment of any monies to any other party in connection with PKC | Impactus’s use of any information or material provided by you to PKC | Impactus or the PKC | Impactus website. You also represent and warrant that any and all such information or Material which you provide to PKC | Impactus, whether provided by you electronically by accessing or using the PKC | Impactus website or otherwise, and PKC | Impactus’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.
Use Of Your Material By Us
You consent to PKC | Impactus using any of your Material, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing your Material for the commercial purposes of PKC | Impactus, in accordance with PKC | Impactus’s Privacy Policy.
Modification Of PKC | Impactus website; Reservation Of Rights
Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the PKC | Impactus website or any aspect of it, including but not limited to any PKC | Impactus website content, features or hours of availability and Company will not be liable to you or any third party for doing so. PKC | Impactus may also impose rules for and limits on use of the PKC | Impactus website or restrict your access to part, or all, of the PKC | Impactus website without notice or liability. All rights not expressly granted in these Terms are reserved to PKC | Impactus.
Governing Law
The PKC | Impactus website is controlled and operated by PKC | Impactus from Burlington, Ontario, Canada and these Terms, the PKC | Impactus website, any use of the PKC | Impactus website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws.
Dispute Resolution
You acknowledge and agree that any dispute that may arise between you and PKC | Impactus in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the City of Burlington, Province of Ontario, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
Severability
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Jurisdiction
PKC | Impactus makes no representation that materials, information or products provided on or through the PKC | Impactus website are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access the PKC | Impactus website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
No Waiver
The failure of PKC | Impactus to enforce any provisions of these Terms or to respond to a breach or default by you or any third party of these Terms shall not in any way waive the right of PKC | Impactus to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
Export Laws
Products sold or delivered under these Terms shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to indemnify, defend and hold PKC | Impactus harmless against all claims, damages or liability resulting from breach of the foregoing.
Entire Agreement
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and PKC | Impactus with respect to the use of the PKC | Impactus website and any transaction conducted on or from the PKC | Impactus website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by PKC | Impactus making such amendments or modifications available to it pursuant to the Terms hereof.
No Assignment
You may not assign your rights or obligations herein without the express written consent of PKC | Impactus.
Termination
PKC | Impactus reserves the right, at its sole discretion, to terminate your access to all or any part of the PKC | Impactus website, with or without notice.
Headings
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.
Language
These Terms and any supporting or ancillary documents are drafted solely in English.
Contacting Promise Keepers Canada | Impactus
Questions or concerns related to Impactus | Promise Keepers Canada’ Terms of Use should be directed to:
210-3027 Harvester road
Burlington, Ontario
L7N 3G7
Phone: 1-888-901-9700