Terms of Use Agreement

1. Definitions:

• (a) “Agreement” means this Terms of Use Agreement, including any amendments and any other agreements or statements incorporated by reference;
• (b) “Charter Press” means Charter Press Ltd., a company incorporated under the laws of Ontario, operating as Third Sector Publishing;
• (c) “Data” means all or any part of Her Majesty’s English and French versions of the information/data from the Canada Revenue Agency’s Internet listings of Canadian Registered Charities found at: https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyBscSrch?request_locale=en (and French-language equivalent); and any other information aggregated from both public and privately licensed sources by Charter Press for use on charitycan.ca;
• (d) “Database” means the database appearing on this website that incorporates the Data;
• (e) “Her Majesty” means Her Majesty the Queen in Right of Canada acting through and represented by the Minister of Public Works and Government Services Canada; and
• (f) “You” means the person, individual or entity that accesses this website.
• (g) “Service” is the charitycan.ca website

2. User Account:

• (a)In consideration of Charter Press issuing You a user account to access the Database and search results and materials provided by this website, You:
  • (i)consent to the collection, use and disclosure of Your personal information as defined in and in accordance with the Privacy Policy;
  • (ii)will not permit any third party to use Your user account;
  • (iii)will not divulge, share or compromise Your user account password;
  • (iv)will not use or attempt to use the user account of any other person; and
  • (v)will not test or examine the security related to Your user account.
• (b) Charter Press may, in its sole discretion, cancel Your user account at anytime:
  • (i)if You fail to abide by any of the terms and conditions of this Agreement;
  • (ii)as a security measure;
  • (iii)for administrative purposes;
  • (iv)if You provide inaccurate or misleading registration information; and
  • (v)if You fail to pay any fees or charges when due to Charter Press, including if a cheque is returned or electronic payment is rejected.
• (c) Upon termination or cancellation of Your user account, Charter Press may delete Your information permanently. You are responsible for taking the necessary steps to back up Your information.

3. Payment Terms:

• (a) You understand that You may be required to provide credit card or other payment information to Charter Press to be able to purchase products and services provided on this website. You represent that the information provided shall be accurate and complete. If You do not provide accurate information, You are not authorized to use this website and Your account may be terminated.
• (b) Charter Press will use the credit card or other payment information to charge You for any purchased products or services on this website. You agree to pay all charges incurred by You and other users of Your account at the prices in effect when such charges are incurred.
• (c) You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by You or anyone You allow to use Your user account.
• (d) You agree to pay interest on all amounts past due at a rate of 2% per month from the date the amount falls due. If You fail to pay any fees or charges when due to Charter Press (which would include if a cheque is returned or electronic payment is rejected) Charter Press may charge such amount directly to the credit card provided by You and Charter Press may suspend or terminate Your access to this website. You shall be responsible and liable for any fees, including legal fees and collection costs, that Charter Press may incur in its efforts to collect any unpaid balances from You. Your right to use this website is subject to limits established by Charter Press or by Your credit card issuer. Charter Press reserves the right to establish a credit limit for Your account.
• (e) If You have arranged with Charter Press to pay by invoice, invoices are due and payable within thirty days after the date of the invoice. Charter Press may invoice parts of an order separately. You understand and acknowledge that access to this website will not be authorized until invoice payment has been received by Charter Press.
• (f) CHARTER PRESS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY NECESSARY UPDATES, MODIFICATIONS AND ADJUSTMENTS AT ANY TIME WITHOUT PRIOR NOTICE TO PRODUCT DESCRIPTIONS, WARRANTIES, AND PRICES, DUE TO ERRORS, PRODUCT DISCONTINUATION, CHANGING COSTS, NEW MARKET CONDITIONS, OR ANY OTHER BUSINESS FACTOR. Users who have prepaid for a defined subscription period will not be affected by any price increase during that defined subscription period, but will be required to pay the increased price upon renewal of the subscription.

4. Use of Data and Search Results:

• (a) ANY COMMERCIAL USE OF THE DATA, THE DATABASE OR ANY SEARCH RESULTS OR MATERIALS, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. The viewing, printing or downloading of any Data, search result, materials, content, form or document from this website grants You only a limited, non-exclusive licence for Your own personal or internal use and not for republication, distribution (including general internal distribution), assignment, sublicense, sale, preparation of derivative works or other commercial use. No part of any Data, search result, materials, content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your own personal use (but not for resale or redistribution)
• (b) In addition to the prohibition in (a), You may not:
  • (i) reformat, reorganize and/or manipulate the Data or any part of the Data;
  • (ii) download or “dump” the Data or any part of the Data into any other database;
  • (iii) embed or merge the Data or Database with any software applications, or other data or information in any form;
  • (iv) publish or publicly display the Data or any search result, in any form, in whole or in part, whether for commercial or non-commercial purposes;
  • (v) engage in “screen scraping” or any other activity intended to collect, store, reorganize or manipulate the Data;
  • (vi) engage in any action that might reasonably be construed as compromising, altering or rendering ineffective this website;
  • (vii) decompile, disassemble or reverse engineer the Database or this website;
  • (viii) modify any of the Data or any search result; or
  • (ix) remove any copyright or other proprietary notations from the Data or any search result.
• (c) All Data and/or search result downloaded or printed in accordance with the terms of this Agreement shall continue to be subject to all restrictions on use and other provisions set forth in this Agreement.
• (d) You acknowledge and agree to take no action that will infringe upon the rights outlined in the Copyright Notice
• (e) This licence shall automatically terminate if You violate any of these restrictions and may be terminated by Charter Press at any time. On terminating Your viewing of the Data or any search result or on the termination of this licence, You must destroy any downloaded or printed materials in Your possession whether in electronic or printed format.

5. Content

• (a) Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
• (b) By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
• (c) You represent and warrant that:
  • (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
  • (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
• (d) We reserve all rights to block or remove communications or materials that we determine to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark or, other intellectual property right of another or; (iv) offensive or otherwise unacceptable to us in our sole discretion.
• (e) You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

6. Monitoring of this Website

• (a) This website is monitored. If monitoring reveals evidence of misuse, criminal activity or any use that breaches these terms and conditions, Charter Press reserves the right to enforce its rights under this Agreement against You and to use any and all information collected as part of an internal investigation or other enforcement proceeding.
• (b) Charter Press may establish limits on the use of this website from time to time. For example, Charter Press may limit the number of days the website will retain Your saved searches, the number of downloads or prints You attempt to access, and/or the type of Data You attempt to access, print or download. If You exceed these limits, Charter Press reserves the right to cancel Your user account and/or otherwise deny You access to this website.

7. Disclaimers and Waivers:

• (a) THIS WEBSITE AND THE DATABASE ARE THE SOLE RESPONSIBILITY AND CHOICE OF CHARTER PRESS. HER MAJESTY DOES NOT ENDORSE AND DISCLAIMS ANY RESPONSIBILITY RELATIVE TO THIS WEBSITE AND THE DATABASE.
• (b) THIS WEBSITE, ITS CONTENTS, THE DATABASE AND ALL DATA ARE PROVIDED ON AN “AS IS” BASIS AND CHARTER PRESS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE ITEMS. SPECIFICALLY, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND ARE DISCLAIMED WITH RESPECT TO THE ACCURACY, USEFULNESS, NOVELTY, VALIDITY, SCOPE, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA. IF THE DATA IS MADE AVAILABLE OR UTILIZED ELECTRONICALLY, NO REPRESENTATION, GUARANTEE OR WARRANTY ARE MADE WITH RESPECT TO COMPATIBILITY WITH PAST, CURRENT OR FUTURE VERSIONS OF COMPUTER SOFTWARE, INCLUDING BROWSERS, TO ACCESS THE DATA. CHARTER PRESS AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS AND OTHER REPRESENTATIVES, WILL NOT BE LIABLE TO YOU, YOUR CLIENTS, SERVANTS, AGENTS, CONTRACTORS, ASSIGNS, OR ANY PERSON FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT, LOSS OR DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH ARISING FROM THE USE OF THE DATA OR SEARCH RESULTS, OR FROM ERRORS, DEFICIENCIES OR FAULTS THEREIN, WHETHER SUCH DAMAGE IS CAUSED BY NEGLIGENCE OR OTHERWISE. CHARTER PRESS AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS AND OTHER REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, OR THE USE OR PERFORMANCE OF THIS WEBSITE, THE DATA OR SEARCH RESULTS. CHARTER PRESS DOES NOT WARRANT THAT THIS WEBSITE WILL FUNCTION WITHOUT ERROR, FAILURE OR INTERRUPTION.
• (c) This website is subject to change and the Data and any search results produced by or from the Data or the Database may be incomplete or no longer current. Documents may contain typographical errors. Charter Press disclaims all liability for all errors or omissions. Charter Press reserves the right to modify and/or update the Data without obligation to notify You. Charter Press reserves the right in its sole discretion to edit or delete any Data, documents, information or other content appearing on this website.
• (d) YOU SHOULD VERIFY THE DATA AND ANY SEARCH RESULTS BEFORE ACTING ON IT. The Data used to create the Database, search results and materials has been provided by external sources who may have not verified the information for accuracy or completeness. The entire risk as to the quality and accuracy of the Data and the search results is with You and You must use Your own judgment in making use of the Data or drawing conclusions based on it. This website, the Data and any search results produced from or by this website, the Data or the Database have been prepared for information purposes only and do not constitute legal, financial or other professional advice. Information obtained from this website should not be acted upon without obtaining proper professional advice. You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any Data or search results to achieve Your intended results.
• (e) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.

8. Indemnification:

• (a) YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CHARTER PRESS AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS AND OTHER REPRESENTATIVES, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE LEGAL FEES, RELATED TO ANY VIOLATION OF THIS AGREEMENT BY YOU OR YOUR USE OF THIS WEBSITE.

9. Links

• (a) This website may contain links to other websites over which Charter Press has no control. Charter Press provides no endorsement, representation or warranty of any kind regarding the products, services, content or appropriateness of such websites, and You irrevocably waive any claim against Charter Press with respect to such websites. If You decide to leave this website and access these third party websites, You do so at Your own risk.
• (b) All links to this website must be accompanied by a prominent notice which makes it clear to a browser and user that the link leads to a website owned and operated by Charter Press. This notice may make reference to the domain name itself or may refer to Charter Press. No materials, names or marks may be used with the link to give the erroneous impression to a browser that the individual, entity or website is somehow affiliated with Charter Press or Her Majesty. Unless Charter Press expressly agrees otherwise, all links to this website must connect to the homepage of this website.

10. General:

• (a) If Charter Press fails to exercise or delay in exercising any right or remedy under this Agreement, such failure or delay will not be deemed to be a waiver of that right or remedy. If Charter Press waives any breach of any provision of this Agreement, such waiver will not be deemed to be a waiver of any subsequent breach of that or any other provision.
• (b) This website is operated and controlled by Charter Press from its offices within the Province of Ontario, Canada, but the website can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing or using this website, You agree and submit to the jurisdiction of the courts of the Province of Ontario, Canada and to the application of the laws of the Province of Ontario, Canada, without respect to choice of law principles. You agree that if You access this website outside of Ontario, You are responsible for compliance with local laws.
• (c) Any cause of action You may have with respect to this website (and/or the Data or search results on this website) may be instituted within 6 months after the cause of action arose or be forever waived and barred.
• (d) If any provision of this Agreement is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this Agreement and all related documents be written in the English language.

These terms were last updated 19 February 2021.