Last updated: April 20, 2025
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with Hartwell Foundation.
- Country refers to: Alberta, Canada
- Hartwell Foundation (referred to as either “the Foundation”, “We”, “Us” or “Our” in this Agreement) refers to the Hartwell Foundation, a non-profit organization.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Service refers to the Hartwell Foundation website, accessible from https://hartwellfoundation.ca, and includes any information or resources provided offline or through other platforms.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Hartwell Foundation regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to hartwellfoundation.ca, accessible from https://hartwellfoundation.ca.
- You means the individual accessing or using the Service, or the organization or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Hartwell Foundation. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Hartwell Foundation does not knowingly provide services to those under 18 without appropriate parental or guardian consent where applicable.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Hartwell Foundation. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use our Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Hartwell Foundation.
The Hartwell Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Hartwell Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions or engage in any activity that we deem harmful to our Service or other users.
Upon termination, Your right to use the Service will cease immediately.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Hartwell Foundation, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Hartwell Foundation provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Hartwell Foundation nor any of the Foundation’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Hartwell Foundation are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
You are responsible for following any applicable local laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Hartwell Foundation.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
User Accounts
Users may be required to create an account to access certain features of the Service or the Website. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their accounts. The Hartwell Foundation reserves the right to suspend or terminate accounts that violate these Terms and Conditions or engage in activities that are harmful to the Service or other users.
You are responsible for ensuring your Device is free of any viruses, harmful scripts, trojan horses, worms, malware, timebombs, or other harmful components.
You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend or terminate accounts that violate these Terms and Conditions or engage in any activity that we deem harmful to our Service or other users.
User-Generated Content
Users may be able to create and/or upload content to the Service or the Website, including but not limited to text, images, videos, and other materials related to their engagement with the Hartwell Foundation (e.g., testimonials, participation in events). By submitting content, users grant the Hartwell Foundation a non-exclusive, worldwide, royalty-free, irrevocable license to use, reproduce, modify, publish, and distribute such content in connection with our mission and activities. Users must not upload content that is unlawful, infringing, defamatory, or otherwise violates any third-party rights or is inconsistent with the Hartwell Foundation’s values. The Hartwell Foundation reserves the right to remove any content at its sole discretion.
You are responsible for ensuring You have the necessary rights to upload content.
We reserve the right to moderate, adjust, and remove uploaded content.
Donations
The Service or the Website may allow users to make one-time or recurring donations to the Hartwell Foundation. All donations are processed in Canadian Dollars (CAD) unless otherwise specified. Payment processing may be handled by third-party payment processors, and your payment information will be subject to their terms of service and privacy policy.
Users are responsible for ensuring that payment information provided for donations is accurate and complete. All donations are final and are non-refundable unless otherwise stated in specific fundraising campaign terms or as required by law.
Software and Digital Tools
The Service or the Website may provide access to various apps, software, platforms, and tools to facilitate engagement with the Hartwell Foundation (e.g., volunteer portals, learning platforms). Use of such software and digital tools may be subject to additional terms and conditions, including license agreements and usage policies. Users are required to review and agree to these separate agreements before accessing or using the software or tools. Links to these agreements will be provided within the software or on the relevant section of the Service or the Website.
Limitation of Liability
To the maximum extent permitted by applicable law, the Hartwell Foundation, its affiliates, and its service providers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or in any way connected with the use of or inability to use the Service, even if the Hartwell Foundation has been advised of the possibility of such damages. This includes, but is not limited to, damages for loss of profits, loss of data, service interruption, or other intangible losses.
As a non-profit organization, the Hartwell Foundation provides its Service and resources to further its mission. Your use of the Service is voluntary, and you acknowledge that there are inherent risks associated with online interactions and technology.
Intellectual Property
All content, including but not limited to logos, visual designs, trademarks, and proprietary materials related to the Hartwell Foundation, is the exclusive property of the Hartwell Foundation or its licensors.
Users may not use, copy, distribute, or modify any intellectual property without prior written consent from the Hartwell Foundation. Users are prohibited from infringing on any copyrights or intellectual property rights of the Hartwell Foundation or any third party. If you believe your copyrighted work has been infringed upon, please notify us in writing and provide the necessary information for us to investigate the matter.
User Feedback
If users provide feedback, suggestions, ideas, or comments regarding the Service, the Website, or the Hartwell Foundation’s activities, the Hartwell Foundation may use such feedback without any obligation to compensate or credit the user. The Hartwell Foundation retains full rights to use, modify, and distribute feedback for any purpose related to its mission.
Promotions, Contests, and Sweepstakes
The Service or the Website may offer promotions, contests, or sweepstakes related to the Hartwell Foundation’s fundraising or awareness campaigns from time to time. Such activities may be subject to additional terms and conditions, which will be made available at the time of the promotion. Participation in any promotional activity is voluntary and may require users to meet specific eligibility requirements.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our Service or Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service and the Website.
Contact Us
If you have any questions about these Terms and Conditions, please contact Us via the contact page on Our website: