AGA KHAN FOUNDATION CANADA
TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions carefully before using this Site.

1. Definitions
2. Changes to Terms and Conditions
3. Permitted and Prohibited Uses
4. Copyright and Trademarks
5. Links and Third Party Content
6. Submission of Information
7. Agreement to Privacy Policy
8. Disclaimers
9. Limit of Liability
10. Indemnity
11. Arbitration
12. Choice of Law
13. General

1. Definitions

"AKFC" means any of the Aga Khan Foundation Canada, World Partnership Golf and World Partnership Walk and their respective affiliates. The terms "you", "your" and "yours" refer to the surfer/donor utilizing this Site to obtain information on AKFC or to submit a Donation. The terms "we", "us" and "our" refer to AKFC.

2. Changes to Terms and Conditions

AKFC reserves the right, at any time, to modify, alter, or update these Terms and Conditions, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of such revisions. Your use of this Site or submitting of a Donation following any such change constitutes your agreement to follow and be bound by the terms as changed.

3. Permitted and Prohibited Uses

This Site is intended for the lawful use of AKFC's donors, employees and members of the general public who are over the age of 18, and who are physically located in Canada at the time of Accessing this Site. For Site users under the age of 18, please be sure to obtain your parent's or guardian's permission before you send any information about yourself (eg. your name, address, e-mail address, etc.) to us or anyone else over the Internet. We encourage parents to get involved with their children's on-line usage and to be aware of the activities in which they are participating.

Subject to these Terms and Conditions, AKFC grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon ("Materials"), solely for your own personal use or for the use of the company you represent, provided, however, that you may not, agree not to, nor may you allow others to, directly or indirectly:

(a) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site or in any environment of networked computers;

(b) transfer the Materials to any other person without the written consent of AKFC;

(c) use this Site in any manner that could damage, disable, overburden or impair this Site;

(d) upload, post or otherwise transmit on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;

(e) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;

(f) disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;

(g) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;

(h) use or attempt to use another's account, password, service, system or other information without prior written authorization from AKFC, or create or use a false identity on this Site;

(i) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;

(j) upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or

(k) attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials.

4. Copyright and Trademarks

Unless otherwise noted, all materials, including without limitation all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade-marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), are subject to intellectual property rights including copyrights and trade-marks held by or licensed by AKFC. Except as expressly provided herein, no license to use or reproduce the content is given to you and all intellectual property rights therein are expressly reserved.

5. Links and Third Party Content

As a convenience to you, AKFC may provide, on this Site, links to websites operated by other entities. These links do not constitute an endorsement, sponsorship or recommendation by AKFC of the third parties, the linked third party sources or any content, services or products available on or through such third party sources. If you use these sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that AKFC or this Site is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AKFC.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that AKFC shall not have any liability whatsoever to you for any such third party material, data or information.

6. Submission of Information

All information, including credit card information ("Financial Information"), provided to AKFC is encrypted using Secure Socket Layer (SSL) 128-bit encryption ("SSL"). Known as USA/Canada grade encryption. SSL is currently the strongest export-grade encryption available. Although AKFC may provide SSL in an effort to protect the electronic transmission of Financial Information that you submit to AKFC through this Site, AKFC does not guarantee the security of any information transmitted to or from this Site.

Other than the Financial Information, do not send any confidential or proprietary information to AKFC through this Site. Except for the Financial Information or personal information about you, any information you do send to AKFC through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to AKFC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.

7. Agreement to Privacy Policy

AKFC respects your desire for privacy. AKFC's Privacy Policy can be found at http://www.akfc.ca/en/terms/privacy_policy.shtml . By Accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change that policy, we will post the revised policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

8. Disclaimers

You expressly agree that the use and browsing of this Site is at your sole risk. Neither AKFC, its affiliates nor any of their respective employees, agents, third-party content providers or licensors, if any, warrant that the use of this Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Site or as to the accuracy, reliability, or content of any information provided through this Site.

9. Limit of Liability

IN NO EVENT SHALL AKFC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS WEBSITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT AKFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AKFC'S MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE-HUNDRED CANADIAN DOLLARS ($100 CDN).

The limitations of liability and disclaimers in this Agreement shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.

10. Indemnity

You agree to defend, indemnify and hold harmless AKFC and its officers, directors, employees and agents, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Materials or your breach of these Terms and Conditions.

11. Arbitration

You agree that all disputes or disagreements between you and us relating to the Terms and Conditions, our Privacy Policy, the use of this Site in any way, or to the submission of a Donation through this Site or to any related matter (a "Dispute") will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the City of Ottawa, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against us. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.

12. Choice of law

These Terms and Conditions shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Ontario for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against AKFC (or any officer, director, or employee thereof) in any jurisdiction other than Ontario.

13. General

The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between AKFC and you with respect to your use of this site. AKFC's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.