TERMS AND CONDITIONS
Terms and Conditions: Website, App and The Push-Up Challenge
These Terms and Conditions form an agreement between CanPush Ltd (“we”, “our” or “us”) and you. The term "you" refers to the person or entity browsing, accessing or otherwise using the services (“use” or “using” in these Terms of Service will mean any of the foregoing) who are generally our agents.
The following Terms and Conditions (the “Terms”) govern your access to and use of: (a) our website located at www.thepushupchallenge.ca and any other website or mobile application that links to these Terms (collectively, the “TPUC Websites”); (b) any text, pictures, media, data, text, information and other materials or content (collectively, the “Content”) contained on or provided through the TPUC Websites; (c) all other Content, products or services provided by us to you, as more particularly described on the TPUC Websites; and (d) our Push For Better app (collectively, (a) to (c) will be defined hereafter as the “Services”).
BY USING THE SERVICES, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SERVICES IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS, AS UPDATED FROM TIME TO TIME. IF YOU ARE USING THE SERVICES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE.
Please read these Terms carefully and immediately cease participating in The Push-Up Challenge (the “Challenge”) and/or using our website if you do not agree to them.
We may, at any time and in our absolute discretion, vary the Terms by publishing a change to them here on our website. Please check back here regularly to ensure you are aware of our current Terms. Materials and information on this website are subject to change without notice. We do not undertake to keep the website up-to-date and we accept no liability if any content is inaccurate or out-of-date.
License to the Services
Viruses and Interruptions
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you and limitations of liability set out in these Terms will survive.
Contests and Promotions
Registering for the Challenge
To register for the Challenge, you must complete on online registration form.
When you register and complete the registration form, you will provide us with personal information such as your name, email address or telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect, use, and disclose in accordance with our Privacy Policy.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. If you suspect that your account is being used without your authority, you must immediately report this to us.
To register for the Challenge, you must be:
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the website and participate in the Challenge in accordance with these Terms.
If you are under the age of majority (a “Minor”) in the province in which you reside, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a Minor to create an account, you agree to:
(b) assume all risks associated with the Minor's use of our website and participation in the Challenge, including the transmission of content or information to and from third parties via the Internet;
(c) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
(d) assume liabilities resulting from the Minor's use of our website and their account;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(f) provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
By registering for the Challenge, you also confirm that:
(b) you and all team members are over the age of majority or otherwise have permission from a parent or guardian to take part;
(c) you and all team members consent to us distributing any funds that you raise to a mental health beneficiary, cause or initiative of our choice, in our absolute discretion;
(d) you and all team members understand that each participant is responsible for their own safety during the Challenge; and
(e) you will ensure that you and all team members engage in the physical activities involved in the Challenge in a safe and responsible manner.
Unlawful and Prohibited uses
Without limiting the generality of the foregoing, you will not (and will not attempt to):
(A) send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Services (including any developer community forums) any data, information, pictures, videos, music or other materials or content that:(i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate;
(iii) is false, intentionally misleading, or impersonates any other person;
(iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
(v) violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
(vi) encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability;
(B) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including email addresses, without the express consent of such users;
(C) access the Services or any Company proprietary information except through means authorized herein;
(D) copy, reproduce, distribute, or in any manner duplicate the Services, in whole or in part;
(E) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Services, in whole or in part;
(F) modify, port, translate, or create derivative works of the Services;
(G) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Services by any means;
(H) remove any proprietary notices, labels or marks from the Services;
(I) use the Services for purposes of comparison with or benchmarking against products or services made available by third parties;
(J) knowingly take any action that would cause the Services to be placed in the public domain;
(K) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack);
(L) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means;
(M) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code;
(N) use, download or otherwise copy, or provide to any person or entity any Services users directory or other user or usage information or any portion thereof other than in the context of your use of the Services;
(O) use the Services for the purpose of building a similar or competitive product or service; or
(P) use the Services other than as permitted by these Terms.
We reserve the right to immediately and indefinitely restrict your access to our website or app (including to resources associated with the Challenge) in any way considered reasonably necessary if we suspect that you are engaging in any of the above behaviour.
You are prohibited from using our website or app, including their content, in any way that competes with our business.
User Content
By registering for the Challenge and/or using our Services and uploading content whether to our Services or to our social media channels, you hereby agree and consent to us using any submitted photograph, video, comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these Terms.
By uploading User Content to our website, you represent and warrant to us that:
- you own all rights in the User Content or otherwise have the right to submit the User Content to us;
- the use of the User Content by you or us does not violate or infringe upon the rights of any third party (including, any rights of intellectual property, copyright, trademark, publicity or privacy);
- the User Content is true and correct and is not misleading, defamatory or obscene;
- the User Content can be published lawfully by us;
- any persons identifiable in the User Content have consented to the submission of the User Content on our website and further use of the User Content as contemplated in these Terms; and
- our use of the User Content in the manner contemplated above and the rights and licences granted under these Terms do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use.
You hereby agree to defend, indemnify and hold us harmless from and against any and losses, and all claims by third parties, resulting from your breach of any of these representations or warranties.
You waive, release and forever discharge us and any of our subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity.
We do not endorse or approve, and are not responsible for, any User Content. If any User Content incorporates any content that we, in our absolute discretion, consider is inappropriate for inclusion on our website, we reserve the right to remove any content without consultation. However, we will use reasonable endeavours to consult with you prior to removing content on any team, individual, community or other fundraising page. We also reserve the right to prohibit fundraisers who breach these Terms from using our website in the future.
Disclaimer
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
The content on our website and app is not comprehensive and is for general information purposes only. It does not take into account users’ specific needs, objectives or circumstances, and it is not advice. While we use reasonable endeavours to confirm the accuracy and completeness of the website content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS OR THE SERVICES. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS.
TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED $5 CDN. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
Indemnification
To the maximum extent permitted by law, you and any team members registered by you must indemnify and hold us harmless against any loss, damage or expense suffered by us arising from or in connection with participation in the Challenge, use of our Services, or any breach of these Terms or any applicable laws. This indemnity is a continuing obligation, independent from the other obligations in these Terms, and survives the termination of these Terms. It is not necessary for us to suffer or incur any loss or damage before enforcing a right of indemnity under these Terms.
Jurisdiction
These Terms are governed by the provincial laws of the province of Ontario and the federal laws of Canada as applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, if a dispute arises between you and us, you agree that you will notify us about any dispute you have with us related to these Terms of Service by contacting us.
Intellectual Property Rights
The Services and all of the content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by CanPush Ltd, our licensors, and certain other third parties. All rights, titles, and interests in and to the Content and Intellectual Property available via the Services is the property of CanPush Ltd, our licensors or certain other third parties, and is protected by applicable copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. CanPush Ltd owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services. These Terms do not grant you a license to use any trademark of ours or of our affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services. All rights not expressly granted to you in these Terms are reserved.
You are to properly identify the Services in any printed, online, electronic, or other medium, materials that you produce, have produced for your use, authorize or use in connection with your use of the Services whether for your personal or commercial use. In so identifying the Services, you agree to properly identify our intellectual property and use all required marks, including all product names and attributions to do so. You may contact us through our website at www.thepushupchallenge.ca to obtain from us current images and other indicia of our trademarks, service marks and any other relevant intellectual property.
You must not include any material on any fundraising page that infringes the intellectual property rights of others. For example, you may not include a trademark or copyright material without the written consent of the owners.
You acknowledge and agree that we may use, copy and edit, for our business purposes, any material or User Content submitted by you in connection with any fundraising page and that you agree to receive marketing content from us.
Third Party Materials, API and Links
The Services may display or make available content, data, information, services or materials from third parties (“Third Party Materials”), use third party application program interface (“Third Party APIs”) or provide links to certain third party web sites (“Third Party Links”). The Third Party Materials, Third Party APIs or third party web sites may be governed by its own end user license agreement, terms of use, data governance statement or privacy policy (the “Agreements”). You are responsible for reviewing the respective Agreements and complying with the respective Agreements.
We are not responsible for examining or evaluating the content, accuracy, validity, legality or any other aspect of such Third Party Materials, Third Party APIs or Third Party Links. We do not warrant, condition, guarantee or endorse any Third Party Materials, Third Party APIs or Third Party Links and is not liable to you or to any other party for any Third Party Materials, Third Party APIs or Third Party Links or for your misuse or use of Third Party Materials, Third Party APIs or Third Party Links. Third Party Materials, Third Party APIs and Third Party Links contain proprietary content and information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You may not use such proprietary content, information or materials in any way except as authorized by the provider of the Third Party Materials, Third Party APIs or Third Party Links. You may not use any Third Party Materials, Third Party APIs or Third Party Links in a manner that would be, or could be reasonably construed as, a breach of these Terms. We may change, suspend, remove, modify access to or disable access to any Third Party Materials, Third Party APIs or Third Party Links at any time by providing you with no less than three (3) days’ notice.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” via the contact page at our website at www.thepushupchallenge.ca and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Services.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services available to you on the Services.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Services may have an error regarding the price, be inaccurately described, or be unavailable, and we may experience delays in updating information on the Services. By using the Services, you agree to hold CanPush Ltd, its officers, directors, employees, contractors, licensors, licensees, suppliers and agents harmless for any and all losses incurred, howsoever, whether foreseeable, reasonably or otherwise, and whether in tort, or contract, and with or without negligence on the part of the aforementioned releasees, including all form of claims, losses, damages, obligations, costs, actions or demands.
Credit Card Donations
Any donations made through our website using a credit card are final. If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue immediately to your financial institution.
We do not store your credit card details. We use the services of Stripe and PayPal which store your credit card data under their own terms. We provide no warranty as to its safety or security and do not accept responsibility for any loss, damage or expenses suffered by the use of these facilities.
Collection of Personal Information
Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your data, and which is hereby incorporated into and forms a part of these Terms of Service.
You represent and warrant to us that the User Data will only contain identifiable individuals (“Personal Information”) in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available the Services; and (ii) create, use and disclose aggregated statistical information for any purpose and without obligations of any kind.
Refunds
Where possible, we will process refunds for donations providing that the donation has not yet been passed onto a beneficiary. Donations are sent electronically by us to the nominated cause at nominated points in time. To secure a refund, contact us through the website. If the donation has already been forwarded to the chosen beneficiary, we may ask you to contact them directly.
Terms Enquiries and Feedback
If you have any queries about our Terms, please contact us through the contact us section of the website.
General Provisions
- Electronic Communications. You are communicating with us electronically when you use the Services or send email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Notifications. We may provide notifications by posting the notifications on the Services itself or by sending the notifications to the email you have provided. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.
- Severable. If any of the provisions contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms and all other provisions of these Terms will remain in full force and effect.
- Waiver. If you breach any of these Terms and we should choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We and our subsidiaries do not waive any of our or their rights. We and our subsidiaries shall not be responsible for any purported breach of these Terms caused by circumstances beyond our or their control. A person who is not a party to these Terms shall have no rights of enforcement.
- Entire Agreement. These Terms, and the documents referenced in these Terms, constitute the entire agreement between CanPush Ltd and you pertaining to the subject matter thereof, and supersedes in its entirety any and all written or oral agreements previously existing between us with respect to the Services. There are no understandings, inducements, commitments, conditions, representations or warranties of any kind, whether direct, indirect, collateral, express or implied, oral or written, other than as contained in these Terms.
- English Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
SMS Terms and Conditions
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