SHOP DONATE

READ THESE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE WEBSITE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.


Welcome to https://www.thebutterflycares.org. This website (the "Site") is operated by Golf for Good Inc.


Access and use of the Site and its related services (the "Services") is provided to you by Golf for Good Inc. on the condition that you accept this agreement. By accessing, browsing, registering on, downloading pages from and/or otherwise using the Site, you agree to accept and comply with this agreement. You further agree that this agreement is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms and conditions. If you have any questions relating to these terms of use, please contact us using our contact information below- info@thebutterflycares

If you do not agree to be bound by these terms and conditions, you may not use or access this Site.

You agree to use the Site only for lawful purposes, and that you will not use the Site in any manner that interferes with its security or normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access the Site by any means except through the interface provided by Golf for Good Inc. for access to the Site.

You must be at least eighteen (18) years of age to use this Site, and fully able and competent to enter into the terms and conditions set out in this agreement.

You further agree that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by Golf for Good Inc. in providing the Site, including without limitation any change in content, is to cease using the Site.

1. PURCHASES MADE ON THE SITE

The purchase of any products or services offered on the Site, including for example tickets to charity golf tournaments and other events (collectively, "Products") shall be made using a valid credit card. The following credit cards are currently accepted: Visa® and MasterCard®. By submitting this information, you give us permission to charge your purchases on the Site to the credit card that you provide to us. The purchase of any Product shall be made in Canadian dollars unless otherwise specified.

Please note the following:

Credit cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to credit issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another payment card.

You must comply with all applicable agreements between you or your credit card provider, as the case may be, as well as their respective policies which may be applicable to you.

You are responsible for the payment of all applicable taxes, including any provincial and federal sales taxes that may apply to your order.

We will not be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification.

ALL SALES ARE FINAL. NO RETURNS ARE AVAILABLE FOR ANY PURCHASED PRODUCTS.

Any coupons provided to you upon purchasing any Products have no cash value.

If participants do not choose to register or sign up but want to participate in the contest they must write to The Butterfly Cares at 44 Laird Dr. Toronto ON M4G 3T2.

2. PRIVACY POLICY

Use of the Site is subject to the terms of our [Privacy Policy] [https://www.thebutterflycares.org/privacypolicy] ("Privacy Policy"), which is hereby incorporated into and made part of this agreement. By using the Site, you agree to be bound by the terms of our Privacy Policy.

3. AMENDMENTS TO THIS AGREEMENT

From time to time, Golf for Good Inc. may amend this agreement. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Site or the Site in its entirety. We will post any revised version of this agreement on the Site and encourage you to refer back to it on a regular basis.

CONTINUED ACCESS OF THE SITE BY YOU WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES OR REVISIONS TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY.

These Terms of Use were last updated February 22, 2017.

4. AMENDMENTS TO THE SITE

In Golf for Good Inc.'s sole discretion and without prior notice or liability to you or any third party, we may suspend, discontinue, modify or alter any aspect of the Site including, but not limited to: (i) restricting the time the Site is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Site. For greater certainty, Golf for Good Inc. expressly reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Site, in its sole discretion, without notice. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Site. We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. This contest is not available in Quebec.

5. LINKING TO OR FROM THIS SITE

This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Golf for Good Inc. monitors or endorses these websites. Golf for Good Inc. does not accept any responsibility for such websites.

Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Site or to post comments, communications, or any other data of any kind to or on the Site with the intention that such postings may be viewed by other users of the Site.

6. INTELLECTUAL PROPERTY

All Site design, text, graphics, sound, software, layout, data and other content, and the selection and arrangement thereof, are the property of Golf for Good Inc. or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site. You may download material from the Site and may use the Site for your personal use only, provided you keep intact all copyright and other proprietary notices.

7. UNSOLICITED SUBMISSIONS

In order to avoid potential misunderstandings or disputes, Golf for Good Inc. does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send any Submissions to us, you automatically grant (or warrant that the owner of the Submissions grants) to Golf for Good Inc. and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Golf for Good Inc. or its successors, assigns and licensees. You further agree, represent and warrant that all moral rights in the Submissions are waived in favour of Golf for Good Inc. and its successors, assigns and licensees.

8. INDEMNIFICATION

You agree to indemnify Golf for Good Inc., and its affiliates, directors, officers, employees, agents, licensors, suppliers, content providers, and the like (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your unauthorized use of material obtained through the Site, or from your breach of this agreement, or from any such acts through your use of the Site.

9. DISCLAIMER OF WARRANTY

THE SITE, THE SERVICES, AND ALL PRODUCTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS". GOLF FOR GOOD INC. AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, OR SERVICES OFFERED OR SOLD ON OR THROUGH THE SITE OR ANY OTHER WEBSITE TO WHICH THE SITE MAY LINK, AS WELL AS THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.

Golf for Good Inc. and its Affiliates do not represent or warrant that access to the Site will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site. No oral or written statements by Golf for Good Inc. or its Affiliates will create any warranty not expressly set forth herein.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL GOLF FOR GOOD INC. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, GOLF FOR GOOD INC.'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE SERVICES, OR ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR SUCH PRODUCTS OR $5.00, WHICHEVER IS LESS.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

11. TERMINATION OF THIS AGREEMENT

Golf for Good Inc. may, without any notice or liability to you or any other person, immediately suspend or terminate this agreement for its convenience at any time.

12. CHOICE OF LAW

The Site is controlled, operated and administered by Golf for Good Inc. from within the Province of Ontario, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this Site, you acknowledge and agree that all matters relating to access to or use of this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

13. DISPUTE RESOLUTION

If any controversy, dispute, claim, question or difference arises with respect to the Site, to any Products that you purchase through the Site, this agreement, or its performance, enforcement, breach, termination or validity (a "Dispute"), the parties shall use their best efforts to settle the Dispute by consulting and/or negotiating with each other, in good faith, to reach a just and equitable solution satisfactory to all parties.

If the parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any party to the other, then upon written notice by any party to the other, the Dispute shall be submitted to confidential arbitration in Toronto, Ontario, Canada, except in the circumstances where you have in any manner violated or threatened to violate the intellectual property rights of Golf for Good Inc. or its Affiliates. In such circumstances, Golf for Good Inc. and its Affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario, and you voluntarily consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the National Arbitration Rules of the ADR Institute of Canada, Inc. in force at the date of commencement of the arbitration proceeding. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Golf for Good Inc. relating to any such dispute and you also agree to opt out of any class proceedings against Golf for Good Inc..

14. SEVERABILITY

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

15. ENTIRE AGREEMENT

This agreement, together with the Privacy Policy www.thebutterflycares.org/privacypolicy, is the entire agreement between you and Golf for Good Inc. with respect to the Site, the Services, the Products, and your use of same. In the event of a conflict between or among this agreement and any other documents referenced in this agreement, the conflict shall be resolved by assigning precedence to this agreement, then to any documents referenced herein.

16. SURVIVAL

Sections 6 through 16 shall survive any termination of this agreement by either party for any reason.

17. CHOICE OF LANGUAGE

The parties have expressly required that these terms of use be set forth and executed in the English language. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

18. ASSIGNMENT

We may assign our rights and obligations under this agreement. This agreement will inure to the benefit of our successors, assigns and licensees.

19. NO ESTOPPEL FOR FAILURE TO ENFORCE

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this agreement, or to exercise any right under this agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

20. INTERPRETATION

All references in this agreement to "Golf for Good Inc.", "we", "us", "our" and like terms should be interpreted accordingly. The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this agreement.

21. CONTACT US

For any questions that you may have about this agreement, you can contact us by email, telephone, or postal mail at:

Golf for Good Inc.  Phone: (416) 696-9646 (ext. 337)  Fax: (416) 696-0122  E-mail: privacyofficer@thebutterflycares.org