Terms of use
Last Updated: 31 October 2023.
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE CANADIAN POSTCODE LOTTERY FOUNDATION WEBSITE. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE CANADIAN POSTCODE LOTTERY FOUNDATION WEBSITE, EXEMPTS CANADIAN POSTCODE LOTTERY FOUNDATION AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE.
1. Your Acceptance of these Terms of Use
These Terms of Use are a binding agreement between you and the Canadian Postcode Lottery Foundation regarding your access to and use of the Canadian Postcode Lottery Foundation website (the “Website”). By using the Website, you acknowledge and signify that you have read, understand and agree to these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
2. Changes to these Terms of Use
Canadian Postcode Lottery Foundation may change these Terms of Use from time to time, without any prior notice, by posting the changed Terms of Use on the Website at Postcodelotteryfoundation.ca. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to regularly check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version.
By using the Website after these Terms of Use have been changed by Canadian Postcode Lottery Foundation, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use.
3. Permitted Users
The Website should only be used by individuals who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law (which in most jurisdictions is either 18 or 19 years). You may not use the Website if you do not unconditionally accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by Canadian Postcode Lottery Foundation.
If you are accessing the Website on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (the “Company”), by accessing the Website, that Company accepts these terms and you warrant that you are authorized to accept these terms on behalf of such Company.
4. Permitted Use of the Website
Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and in accordance with these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited. You are solely responsible and liable for ensuring that your access to and use of the Website complies with all applicable laws.
5. Prohibited Use of the Website
You will not:
a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use;
b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person;
c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not deliberately made available for that purpose by Canadian Postcode Lottery Foundation;
d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data;
e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, modify, distribute, imitate, publish, republish, translate, create derivatives of, repost, publicly display, publicly perform, transmit, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge;
f) index, crawl, catalogue, mirror, frame, scrape, download, store, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever, except as permitted by the directives set out in the robots.txt file for the Website;
g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or
h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of Canadian Postcode Lottery Foundation or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
6. Website Content
The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning Canadian Postcode Lottery Foundation and its activities and services, and may be subject to change at any time and without any notice to you. You are solely responsible and liable for your selection and use of the information and content on or available through the Website.
7. Your Information
You will ensure that all information you provide to Canadian Postcode Lottery Foundation, through the Website or otherwise, is true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Canadian Postcode Lottery Foundation or any other person may incur as a result of your submission of any false, incorrect or incomplete information, including any personal information, or your failure to promptly update your information if it changes.
8. Communications
You authorize Canadian Postcode Lottery Foundation to (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by email or other means of communication. Communications you send to Canadian Postcode Lottery Foundation are not effective unless and until they are processed by the responsible Canadian Postcode Lottery Foundation representative. Canadian Postcode Lottery Foundation may refuse to process any communications sent to Canadian Postcode Lottery Foundation or may reverse the processing of any communications sent to Canadian Postcode Lottery Foundation, at any time in Canadian Postcode Lottery Foundation’s discretion, and without any notice or liability to you or any other person, including if Canadian Postcode Lottery Foundation believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
9. No Advice
The Website is for general informational purposes only, and is not, and should not be construed or interpreted as, or substituted for, professional advice or recommendations (including, financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
10. Linked Sites
For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Activating a link may cause your browser to leave the Website and connect with the Linked Site. Linked Sites are independent from the Website and may have different or inconsistent terms of use and privacy policies. Canadian Postcode Lottery Foundation does not sponsor or endorse, or have any responsibility or liability for or control over, any Linked Site, any information, product, service, business, company or content available on or through any Linked Site or the collection of your personal information through any Linked Site or by the owner or operator of any Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Canadian Postcode Lottery Foundation for any loss or damage whatsoever arising from, connected with, or relating to your use of any Linked Site, your dealings with the owner or operator of any Linked Site or any information, product, service, business, company or content available on or through any Linked Site.
11. Privacy
The Website collects information that you specifically and knowingly provide, and uses technological measures to collect information about your use of the Website. By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Canadian Postcode Lottery Foundation in accordance with Canadian Postcode Lottery Foundation’s Privacy Notice (available online at Postcodelotteryfoundation.ca) and as otherwise permitted by applicable law.
12. Feedback
If you give any feedback (including any ideas or suggestions for enhancements or improvements) to Canadian Postcode Lottery Foundation about the Website or any of the activities and services provided by Canadian Postcode Lottery Foundation, then Canadian Postcode Lottery Foundation and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any and all ways and for any and all purposes without providing any compensation or attribution to you or any other person.
13. Ownership of Website
Copyright © 2023 Canadian Postcode Lottery Foundation. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely or licensed by Canadian Postcode Lottery Foundation or its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
14. Trademarks
Canadian Postcode Lottery Foundation and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Canadian Postcode Lottery Foundation. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting any licence or right to use any of those trademarks, service marks or trade names.
15. Disclaimers and Exclusion of Liability
GENERAL DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF OR RELATING TO ACCURACY, AVAILABILITY, COMPLETENESS, TIMELINESS, LACK OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, CORRECTION OF DEFECTS, SECURITY, RELIABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR RESULTS, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY Canadian Postcode Lottery Foundation TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE IS OR WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF Canadian Postcode Lottery Foundation. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.
TECHNOLOGY DISCLAIMERS: THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Canadian Postcode Lottery Foundation IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM ANY OF THOSE PROBLEMS.
LINKED SITES DISCLAIMERS: WITHOUT LIMITING ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS AND USE LINKED SITES AT YOUR OWN RISK. Canadian Postcode Lottery Foundation DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE) REGARDING ANY LINKED SITE. Canadian Postcode Lottery Foundation DOES NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.
EXCLUSION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL Canadian Postcode Lottery Foundation BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY RELATED MATTER UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF Canadian Postcode Lottery Foundation EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY, AND EVEN IF Canadian Postcode Lottery Foundation KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF THE LOSS, DAMAGE OR LIABILITY BEING INCURRED.
DEFINITION: IN THESE TERMS OF USE, “Canadian Postcode Lottery Foundation” MEANS THE CANADIAN POSTCODE LOTTERY FOUNDATION AND EACH OF ITS CORPORATE AFFILIATES AND SUBSIDIARIES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
THE FOREGOING DISCLAIMERS AND EXCLUSIONS OF LIABILITY DO NOT APPLY IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. Restrictions/Changes/Termination
The Website may contain technologies that restrict or limit the use of the Website. Canadian Postcode Lottery Foundation in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Canadian Postcode Lottery Foundation, all without any notice or liability to you or any other person.
If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
17. Governing Law
Unless applicable law expressly provides otherwise, these Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction. You and Canadian Postcode Lottery Foundation attorn to the exclusive jurisdiction of the courts of the City of Toronto in the Province of Ontario to settle all disputes hereunder.
18. Indemnification of Canadian Postcode Lottery Foundation
You will defend, indemnify and save and hold harmless Canadian Postcode Lottery Foundation and its successors and assigns from and against any and all losses, damages, liabilities, costs, claims, complaints, demands, actions, suits and proceedings (including reasonable lawyers’ fees) arising from, connected with or relating to any breach by you of these Terms of Use or your use of the Website.
19. General Matters
Miscellaneous: These Terms of Use are binding on you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. These Terms of Use are for the benefit of Canadian Postcode Lottery Foundation and its successors and assigns. No consent or waiver by Canadian Postcode Lottery Foundation to or of any breach by you of these Terms of Use will be effective unless in writing and signed by Canadian Postcode Lottery Foundation or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Canadian Postcode Lottery Foundation under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Canadian Postcode Lottery Foundation may be lawfully entitled under these Terms of Use or at law, and Canadian Postcode Lottery Foundation may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of Canadian Postcode Lottery Foundation, which consent may be withheld in Canadian Postcode Lottery Foundation’s discretion. Canadian Postcode Lottery Foundation may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.
Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these Website Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “discretion” means a person’s sole, absolute and unfettered discretion; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “person” includes an individual, corporation and any other legal entity.
Complete Agreement: These Terms of Use set out the entire agreement between you and Canadian Postcode Lottery Foundation regarding your use of the Website. These Terms of Use may not be modified except as set out in section 2. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Canadian Postcode Lottery Foundation regarding the Website. For greater certainty, services and other offerings advertised on or available through the Website are governed by other applicable agreements.
Contacting Us: If you have any questions or comments regarding these Terms of Use, please contact Canadian Postcode Lottery Foundation at:
Canadian Postcode Lottery Foundation
Legal Department
Attn: Roos Blekxtoon
info@postcodelotteryfoundation.ca