CAN FUND GOLD4GOLD

WEBSITE TERMS OF USE

LAST UPDATED: April 10, 2012

Thank you for visiting Gold4Gold.ca.  This Agreement (this “Agreement”) governs your use of this website.  Please read and review this Agreement carefully before accessing or using this website.

1. General

1. (a)

   This website is provided by Canadian Athletes Now Fund (“CAN Fund”, “us”, “our” or “we”). The information provided on this website to a user of this website (“you”, “your” or the “User”) is for information purposes.

2. (b)

   If you do not agree to this Agreement, you may not use this website. We reserve the right to revise this Agreement by updating this posting. Each date of revision will be identified as the date “Last Updated” above.  Each time you access or use this website, you acknowledge that you have read, understood and agree to the then-current Agreement.

2. Use of this Website

1. (a)

   “Content” means the information contained on this website, including, without limitation, documents available for downloading, website design, text, graphics, icons and the selection and arrangement thereof.

2. (b)

   You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to copy, download, display on your computer or other electronic device, print, and use the Content only for informational purposes and solely for: (a) your own personal use; or (b) your organization or company’s internal use. Except as provided herein, no other use is permitted. All rights not expressly granted by this Agreement are reserved to CAN Fund.

3. (c)

   When you use this website, you represent that: (i) the information you submit is truthful and accurate; (ii) you will update your contact information on file with CAN Fund if it changes so that we can contact you concerning any Donated Items (as defined below); (iii) you are not violating any applicable law or regulation in accessing this website or participating in the Gold4Gold program; (iv) you are 18 years of age or older; (v) you are the legal owner of any Donated Items (defined below) that you donate to us; and (vi) if you donate any Donated Items, you are donating Donated Items on your own behalf and are not an agent or a representative of a third party. We reserve the right to request documentation and other proof of compliance with the requirements contained in this section.

3. Gold4Gold Program

1. (a)

   Donated Items

   The Gold4Gold program accepts your solid or plated platinum, palladium, gold, silver and bronze in all forms (e.g., rings, earrings, watches, etc.), including jewellery set with gemstones or made of gemstones (“Donated Items”).

   Once received by CAN Fund in accordance with this Agreement, all Donated Items will be catalogued and appraised by an independent appraiser.  On the advice of the independent appraiser, CAN Fund will sell the Donated Item either (i) to Imperial Smelting and Refining Company of Canada Ltd. for smelting, or (ii) at auction through Ritchies Auctioneers.  The proceeds of all sales will be used to help Canadian athletes to train full time and compete at their best.

   (b)

   Shipping Your Donated Items To CAN Fund

   All Donated Items must be sent by way of a courier or by mail to the address noted on the donation form.

   Due to insurance limitations, and notwithstanding any other provision of this Agreement, CAN Fund is not responsible for packages that are:

   (i) sent without tracking or signature upon delivery (such as any packages sent by regular mail); or

   (ii) sent directly to CAN Fund instead of the address noted on the donation form.

   You are responsible for, and will bear all costs and risk of loss or damage to, your Donated Items until they are duly received by CAN Fund or its representative at the address noted on the donation form.

   We reserve the right, in our sole discretion, to refuse delivery of any package that appears to be damaged, opened or tampered with. We will have no liability to any customer for returning packages in this manner.

   For information about sending high-value items to CAN Fund, please contact us by phone at 1.866.937.2012, or email us at customerservice@gold4gold.ca

2. (c)

   Appraisal of Donated Items

   A tax receipt will be issued for the fair market value of any Donated Items. The fair market value of each Donated Item is determined by an independent appraiser.  You will not be notified of the appraised value unless the appraised value is significantly above or below your stated value (as discussed below).

3. (d)

   Appraisals Significantly Above or Below Your Stated Value

   If the appraised value of any Donated Item varies by the greater of 30% from your stated value (as stated by you on the donation form), we will contact you by email to notify you of the appraised value of that Donated Item.

   (i) if stated value is $600 then under the above formula the threshold for a notice is +/- $200

   If you would like to talk with a CAN Fund representative about the appraisal, please indicate a telephone number at which you can be reached. Any telephone calls concerning appraisals may, in our sole discretion, be recorded.

   If you wish to proceed with the donation at the appraised value, please reply to our email and indicate that you accept the appraised value.

   If you do not wish to proceed with the donation at the appraised value, we will return the Donated Item to you at your expense. We will, in our sole discretion, choose the return carrier, insurance and receipt verification method for the shipment of the returned item. We will insure that Donated Item for a maximum of $100 (regardless of what you insured it for when you sent it to us), unless you notify us by telephone at 1-866-937-2012 and agree to pay for additional insurance. If you believe your Donated Item is worth more than $100, we recommend that you insure your shipment for the value that you think it is worth.

   If you do not reply within seven (7) days of the date that the above email is sent, you will be deemed to have accepted the appraised value.

4. (e)

   Cancelling a Donation

   If you change your mind about donating any Donated Item and wish to cancel the donation, you must do so by email or by telephone no later than seven (7) days after our receipt of the Donated Item.  If you do not contact us within that period of time, the Donated Items will no longer be available to be returned to you.

   If you cancel your donation, we will return the Donated Item(s) to you at your expense. We will, in our sole discretion, choose the return carrier, insurance and receipt verification method for the shipment of the returned item. We will insure that Donated Item for a maximum of $100 (regardless of what you insured it for when you sent it to us), unless you notify us by telephone at 1-866-937-2012 and agree to pay for additional insurance. If you believe your Donated Item is worth more than $100, we recommend that you insure your shipment for the value that you think it is worth.

5. (f)

   Tax Receipt

   CAN Fund will issue tax receipts on a monthly basis, using the name and address on the donation form.  Tax receipts will be issued for the fair market value of the item(s), as determined by the independent appraiser.

   Please note:

   (i) CAN Fund will issue a tax receipt to donors only for Donated Items that are valued at $25 or more.

   (ii) For additional information about Canada Revenue Agency’s mandated process for donation valuation, visit: http://www.cra-arc.gc.ca/E/pub/tg/p113/p113-e.html#P157_17621

4. Disclaimer

1. (a)

   This website and the Content are provided on an “AS IS” and as available basis; any access to, use of, modification to or reliance on this website and the Content shall be at your sole risk. CAN Fund and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (collectively, the “CAN Fund Representatives”), cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to this website or the Content of this website, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that this website or its Content will meet your requirements or will be compatible with your computer or related equipment, photograph equipment or software; (iii) that this website or its Content is accurate, valid, reliable, authentic, current, or complete; or (iv) that this website will continue to operate, operate without interruptions or be error-free.

2. (b)

   In addition, CAN Fund Representatives make no representation or warranty that this website or its Content is appropriate or available for use at any location. Accessing this website or its Content from locations where its contents are illegal is prohibited.

3. (c)

   You understand and agree that CAN Fund Representatives cannot and do not guarantee or warrant that files available for downloading from this website will be free from infection or viruses, worms or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the prevention of such contaminating or destructive code.

4. (d)

   You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this website (including Content), and that you will comply with all laws that apply or may apply to your use of or activities on this website or in respect of the Content.  You are solely liable and responsible for any claims made by any other person relating to your use of this website or its Content, your breach of this Agreement, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law.

5. Third Party Content.

Certain links on this website may take you to other third party websites. CAN Fund provides these links only as a convenience and is not responsible for the content of any such linked pages. CAN Fund makes no representation or warranty regarding, and does not endorse or have any responsibility for third party Content or the providers of such links or Content, any linked websites, the information appearing thereon or any of the products or services described thereon. Should you leave this website via a link contained herein, and view content that is not provided by or on behalf of us, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

6. Intellectual Property

1. (a)

   Copyright

   All Content of this website is owned or used under license by CAN Fund, and is subject to copyright protection. CAN Fund does not waive any of its proprietary rights to such content. You will ensure that all copyright or proprietary notices and any disclaimers contained herein are replicated on any copies of the Content that you may make. The availability of any Content through this website shall under no circumstance constitute a transfer of any copyrights or other intellectual property rights of CAN Fund to any website user or any third party. This website and the Content are protected by Canadian and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any content you obtain from this website.

2. (b)

   Trade-marks

   Certain names, graphics, logos, icons, designs, words, titles and phrases displayed on this website, whether or not appearing in large print or with or without the trade-mark symbol, are registered and unregistered trade-marks, trade names, and trade dress of CAN Fund or of third parties (hereinafter collectively referred to as “Trade-marks”) and used under license by CAN Fund. Your adoption and/or use of the Trade-marks displayed on this website, or any other Content of this website, except as provided herein, is strictly prohibited. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on this website without the written permission of CAN Fund or such third party that may own the Trade-marks displayed at this website.

7. Communications

1. (a)

   All information that you provide through this website or in connection with any material submitted, must be true, accurate, current and complete, and where applicable, must be updated by you promptly upon the occurrence of any change in such information.

3. (b)

   CAN Fund and its service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that you, CAN Fund or its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update any information that you submit via this website.

8. Privacy Statement

CAN Fund respects the privacy of every individual who visits this website. Please see our Privacy Statement that explains your rights and our responsibilities with respect to information that is collected on this website, which is available here.

9. Limitation on Liability

You agree that neither CAN Fund, nor any of the other Company Representatives shall have any responsibility or liability in connection with this website or the Content, to the User or any other person or entity for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information or programs or data, loss of profit, loss of revenue or income), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this website or the Content, any content of any linked site, or failure of such sites, (including any damages suffered as a result of omissions or inaccuracies in such sites or content, or the transmission of confidential or sensitive information to or from such sites) even if CAN Fund or any of the other Company Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU OR BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR PERFORMANCE OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE LESSER OF THE FOLLOWING: (A) ONE-THIRD OF THE APPRAISED VALUE OF ALL THE DONATED ITEMS THAT YOU DONATE TO US (AND THAT WE DO NOT RETURN TO YOU), WHICH APPRAISAL WAS ISSUED BY A THIRD PARTY CERTIFIED APPRAISER PRIOR TO THE TIME YOU SHIPPED THE DONATED ITEMS TO US; OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless CAN Fund, each of the other Company Representatives, CAN Fund’s affiliates, and its affiliates’ partners, licensors, agents, content providers, suppliers, service providers, employees, officers, directors or representatives (the “Indemnified Parties”) against any claims brought by third parties arising out of your use of the information accessed from this website, and any breach of this Agreement by you, including any use of the Content other than as expressly authorized in the Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Indemnified Parties in connection therewith.

11. Governing Law

By accessing this website you agree that this Agreement and your use of this website and the Content and all matters relating thereto shall be governed by the laws of the Province of Ontario and the laws of Canada, as applicable, without regards to conflict of laws provisions. The parties attorn to the Courts of the Province of Ontario, Canada, and you hereby irrevocably submit and attorn to the non-exclusive jurisdiction of those courts in respect of any such dispute.

12. General

1. (a)

   The Agreement (including the Privacy Statement) constitute the entire agreement between you and CAN Fund with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between you and CAN Fund or its partners and affiliates with respect to this subject matter.

2. (b)

   Any cause of action you may have with respect to your use of this website or which is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this agreement shall continue in full force and effect.

3. (c)

   If you breach any provision of this Agreement, you may no longer use this website or the Contents.  CAN Fund or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately  suspend or terminate (in whole or in part) your authorization to use this website and/or the Content, or the Gold4Gold program, without any prior notice or any liability to you or any other person. All provisions of this Agreement which are by their nature intended to survive the termination of this Agreement will survive such termination.

4. (d)

   CAN Fund’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right. No changes to this Agreement shall be made except by a revised posting on this website.

5. (e)

   The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and CAN Fund.

6. (f)

   This Agreement shall enure to and be binding upon CAN Fund and its successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign the Agreement or your rights and obligations under the Agreement without the express written consent of CAN Fund, which may be withheld in CAN Fund’s sole discretion. CAN Fund and its service providers may assign these terms and conditions and their respective rights and obligations under these terms and conditions without your consent or notice to you.

7. (g)

   The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais.