Terms of Service
Acceptance of These Terms
These Terms of Service (the “Terms”) govern your access to and use of the BenaMakenga website, including any content, functionality, donation forms, and services offered through it (collectively, the “Site”).
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Site.
About BenaMakenga
BenaMakenga (the “Organization”) is a not-for-profit corporation incorporated under the Canada Not-for-profit Corporations Act and a registered charity under the Income Tax Act (Canada).
The Organization operates in Canada and internationally in furtherance of its charitable purposes. The Site is provided as a source of information about the Organization’s work and as a means of supporting it.
Use of the Site
You may use the Site for lawful purposes only, and in a manner consistent with the Organization’s charitable mission. You agree that you will not:
- Unlawful Use Use the Site in any way that breaches applicable federal, provincial, or foreign law, or that facilitates unlawful activity.
- Misrepresentation Impersonate the Organization, its staff, directors, or volunteers, or falsely state or imply an affiliation, endorsement, or authority to solicit on our behalf.
- Unauthorized Fundraising Solicit donations, sponsorships, or funds in the Organization’s name without prior written authorization from the Board.
- Security Interference Attempt to gain unauthorized access to the Site, its servers, or any connected system, or introduce malware, or circumvent security features.
- Disruption Interfere with the proper operation of the Site, including through automated scraping, denial-of-service activity, or excessive automated requests.
- Harmful Content Submit or transmit content that is defamatory, harassing, discriminatory, obscene, or that infringes the rights of any person.
Donations and Payment
4.1 Currency and Processing
Unless expressly stated otherwise at the point of donation, all amounts are shown and processed in Canadian dollars (CAD). Donations are processed by third-party payment providers. The Organization does not collect or store your full payment card details on its own systems.
4.2 Use of Donations
Donations are received as unrestricted gifts to the Organization unless a specific appeal states otherwise. Where a donation is directed to a particular program, the Organization will apply the gift to that program, but reserves the right, as required by the Income Tax Act and CRA guidance, to reallocate funds to another charitable purpose where the original program is fully funded, discontinued, or no longer viable.
4.3 Recurring Donations
If you establish a recurring donation, your payment method will be charged on the schedule you select until you cancel. You may cancel or modify a recurring gift at any time by contacting the Organization using the details in Section 16. Cancellation takes effect for future instalments and does not reverse instalments already processed.
4.4 Errors and Refunds
Donations are generally final. Where a donation was made in error, in a duplicate transaction, or in an incorrect amount, please contact the Organization promptly and a refund will be considered in good faith. Where a refund is issued and an official donation receipt has already been provided, that receipt will be cancelled or amended in accordance with CRA requirements.
Official Donation Receipts
Official donation receipts are issued in accordance with the Income Tax Act and CRA requirements. Receipts are issued only for gifts that qualify at law and only to the true donor of the gift.
Receipts cannot be issued for gifts of services, for the value of volunteer time, for amounts that do not constitute a gift at law, or for contributions where the donor receives an advantage exceeding the limits permitted by CRA.
Intellectual Property
All content on the Site — including text, graphics, logos, photographs, video, publications, and the selection and arrangement of that content — is owned by or licensed to the Organization and is protected by Canadian and international copyright and trademark law.
You may view, download, and print Site content for personal, non-commercial, informational use, provided you retain all copyright notices. Any other reproduction, distribution, adaptation, or commercial use requires prior written permission from the Organization.
Submissions and User Content
If you submit content to the Site — including comments, testimonials, stories, photographs, or application materials — you confirm that you have the right to do so and that the content does not infringe the rights of any third party.
You grant the Organization a non-exclusive, royalty-free licence to use, reproduce, and adapt that content for its charitable purposes, including in communications and reporting, unless you tell us otherwise in writing. The Organization is not obliged to publish or retain any submission.
Third-Party Links and Services
The Site may contain links to third-party websites, payment processors, social media platforms, and other services. These are provided for convenience only.
The Organization does not control and is not responsible for the content, privacy practices, availability, or terms of any third-party service. Your use of a third-party service is governed by that provider’s own terms and privacy policy.
Disclaimer
The Site and its content are provided on an “as is” and “as available” basis. While the Organization makes reasonable efforts to keep the Site accurate and current, it makes no representation or warranty, express or implied, as to the accuracy, completeness, reliability, or availability of the Site or its content.
Information on the Site is general in nature and is not legal, financial, tax, medical, or professional advice, and should not be relied upon as such. Descriptions of programs, activities, and results reflect the Organization’s work at the time of publication and may change.
Limitation of Liability
To the fullest extent permitted by applicable law, the Organization, its directors, officers, employees, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of data, revenue, or goodwill, arising out of or in connection with your access to or use of, or inability to use, the Site.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Some jurisdictions do not permit certain exclusions of liability, and in those jurisdictions the Organization’s liability is limited to the minimum extent permitted by law.
Indemnity
You agree to indemnify and hold harmless the Organization, its directors, officers, employees, and volunteers from any claim, demand, loss, or expense, including reasonable legal fees, arising from your breach of these Terms, your misuse of the Site, or your violation of the rights of any third party.
Privacy
Personal information collected through the Site is handled in accordance with the Organization’s Privacy Policy, which forms part of these Terms.
By using the Site or making a donation, you consent to the collection, use, and disclosure of your personal information as described in that policy.
Accessibility
The Organization is committed to making the Site usable by as many people as possible, including people with disabilities, and works toward alignment with recognized web accessibility standards.
If you encounter a barrier on the Site or require information in an alternate format, please contact us using the details in Section 16 and we will work to accommodate your request.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You agree to the exclusive jurisdiction of the courts of that Province in respect of any dispute arising from these Terms or your use of the Site.
Changes to These Terms
The Organization may amend these Terms from time to time. The amended Terms take effect when posted to the Site, and the “last updated” date will be revised accordingly.
Your continued use of the Site after an amendment constitutes acceptance of the revised Terms. Please review this page periodically.
Contact Us
Questions about these Terms may be directed to the Organization at: