Terms and Conditions Agreement
The Canadian National Institute for the Blind (“CNIB”)
‘PHONE IT FORWARD’ Donation Program (the “Program”)
It is the Donor’s responsibility to read this Agreement carefully to understand their rights and obligations before participating in the Program. By participating in the Program, Donors are accepting the Terms and Conditions outlined below and agree to be bound by these Terms and Conditions:
1. Services. The Donor hereby authorizes CNIB and its respective directors, officers, employees, volunteers, authorized agents, representatives, successors, subsidiaries and assigns to acquire the donated smartphone(s) (the “Goods”) as inspected by the Donor and quoted on the Donor Agreement in order to perform processing services. CNIB will provide the Donor, where applicable, with a tax receipt in an amount equal to the assessed value of the donated Goods based upon CNIB’s inspection of the condition and contents of the Goods. The Donor acknowledges and agrees that all determinations of CNIB with respect to value assigned to the Goods after inspection will be accepted as final and are not negotiable.
2. Representations and Warranties. The Donor represents and warrants that: (A) the Donor is not under the age of eighteen (18); (B) the Donor has all the necessary right, title, and authorization to produce and distribute the Goods and to permit CNIB to offer, sell, and deliver the Goods to any third party; (C) the Goods and the rights granted under this Agreement do not infringe upon the proprietary rights, including, without limitation, copyrights, patents domain names, trademark rights or any other intellectual property rights, of any third party; (D) all personal identification and contact information provided by the Donor to CNIB is truthful, accurate and complete; and (E) the Goods are not illegal items. The Donor also represents and warrants that the description of the Goods, and the Goods, are not: (i) false, inaccurate, or misleading; (ii) fraudulent or involve the sale of counterfeit or stolen items; or (iii) in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
3. Personal Data. The Donor is solely responsible for any personal, financial and sensitive information stored in the Goods, including all accessories. It is the Donor's responsibility to delete all personal, financial and sensitive information from the Goods that may contain data before being donated to CNIB.
4. Transfer of Title and Risk of Loss. The Donor agrees that the donation of the Goods to CNIB is final. Neither the Goods nor any data stored thereon can be returned to the Donor after receipt of the Goods by CNIB.
6. Indemnity. The Donor agrees to indemnify and hold CNIB and its respective directors, officers, employees, volunteers, authorized agents, representatives, successors, subsidiaries and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of the Donor's breach of this Agreement, or violation of any law or the rights of any third party.
7. Warranty Disclaimer. CNIB, its respective directors, officers, employees, volunteers, authorized agents, representatives, successors, subsidiaries and assigns and suppliers, provide their services AS IS and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory.
8. Waiver of Consequential Damages. IN NO EVENT WILL CNIB BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of this agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether CNIB has been advised of the possibility of any such loss or damage.
9. Release. The Donor releases the CNIB and its respective directors, officers, employees, volunteers, authorized agents, representatives, successors, subsidiaries and assigns from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Services or the Goods.
10. Term. This Agreement is made effective on the date set forth in the Donor Agreement and unless terminated earlier in accordance with the terms of this Agreement, the Term of this Agreement will continue until all the Services conducted by CNIB for the Goods are complete in accordance with this Agreement. This Agreement may be terminated by CNIB without notice for any reason or no reason, at any time.
12. Governing Laws. The validity, operation and performance of this Agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario, excluding any rule or principle of conflicts of law that may provide otherwise.
13. General. All notices or requests pertaining to this Agreement will be in writing and will be sent by facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written continuation of transmission when sent by facsimile or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the parties at the addresses provided to each other. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing, excepted as otherwise provided herein. CNIB reserves the right to make changes to this Agreement at any time. Each time you wish to have Services provided, you will need to review and agree to the then-current Agreement.