Donation Terms

 

Application

By donating to Solar Schools Canada – Les Écoles Solaires du Canada (“SSC”), you agree to be bound by the following terms and conditions (the “Donation Terms”).

These Donation Terms, together with the Website Terms and Conditions and Website Privacy Policy, create legally enforceable rights and obligations between you, the Donor, and us, SSC.

If you do not agree to be bound by or cannot comply with the Donation Terms as described herein, do not continue the donation.

 

Definitions

  1. Act” means the Income Tax Act, RSC 1985, c 1 (5th Supp).
  2. Donation” means any asset, including any monetary amount, gifted by a Donor to SCC by means of electronic authorisation through the Website, our Third Party Payment Provider, or in any other manner.
  3. Donor” means a natural or legal person who donates, has donated or will donate a Donation to SCC.
  4. Non-Profit Organization” means the categories of organizations defined under Section 149(1)(l) of the Act.
  5. Official Donation Receipt” means an official donation receipt issuable by a Qualified Donee for the eligible amount of gifts that meet the requirements of the Income Tax Act and its Regulations
  6. Participating School” means an individual public school, public provincial school board, or other education-related organization of a public character, who have committed to partner with SCC to develop school-based renewable energy projects.
  7. Purpose” means the stated corporate and non-profit purpose of SSC, defined as “to assist Canadian public primary and secondary schools to develop and fund school-based renewable energy projects in order to reduce operating costs, advance education, and prevent emissions”.
  8. Qualified Donee” means the categories of organizations defined under Section 149.1(1) of the Act and for greater clarity includes a registered charity, a charitable foundation, a municipality in Canada, a municipal or public body performing a function of government in Canada.
  9. SSC (variously, “we”, “our” or “us”)” means the federally incorporated not-for-profit corporation Solar Schools Canada – Les Écoles Solaires du Canada.
  10. Third Party Payment Provider” means www.stripe.com.
  11. Website” means www.ssc-esc.ca

 

Use of Donation

SSC may use each Donation in its discretion to further its stated corporate and non-profit Purpose, specifically, to assist Canadian public primary and secondary schools to develop and fund school-based renewable energy projects in order to reduce operating costs, advance education, and prevent emissions.

Without limitation, SCC may use each Donation as follows:

  • SSC may transfer the majority of your Donation, together with all other Donations received, to Participating Schools on the condition that such Participating Schools employ the Donations to purchase and install school-based renewable energy projects, such as solar photovoltaic panel installations;
  • SSC may transfer part of your Donation, together with all other Donations received, to a Qualified Donee or Non-Profit Organization, on the condition that the Qualified Donee or Non-Profit Organization employ the Donations to advance our Purpose. One example of such a situation would involve SSC transferring part of all Donations to a Qualified Donee or Non-Profit Organization to employ in delivering environmental and energy-related educational programming in Participating Schools;
  • SSC may retain a maximum of ten percent (10%) of your Donation, together with ten percent (10%) all other Donations received, to cover our operational costs, examples of which include insurance, website maintenance and hosting, banking and other professional services fees.
  • In the event that SSC and any Participating School are either: (a) unable to raise the amount required to purchase a renewable energy system; (b) unable to obtain any applicable planning consents required from a local authority for the installation of the renewable energy system; (c) advised that installing the renewable energy project at the premises of a Participating School is not possible or is inadvisable for structural reasons; or (d) unable to proceed for any other reason, SSC and any Participating School will use all Donations as part of another energy-saving or green initiative consistent with our Purpose. If events (a) through (b) occur and prevent SSC and any Participating School from proceeding with a school-based renewable energy project as originally proposed, SSC will consult with and engage the comments of Donors concerning any alternative use of the Donations consistent with the Purpose.
  • In the event that SSC and any Participating School raise funds in excess of the target amount, if applicable, for the purchase of a renewable energy system, SSC and any Participating School will spend any excess amounts on either expanding the renewable energy system or on an alternative energy-saving or green initiative.

 

Use of Third Party Payment Processor

When you make a donation via the Website you will be directed to www.stripe.com, our third party payment service provider who will process your payment. Payments are made subject to the www.stripe.com Payment Terms and Privacy Policy (collectively, the “Stripe Terms and Conditions”)

SSC does not accept any responsibility or liability for the Stripe Terms and Conditions and strongly recommends that you read them before completing your Donation.

 

Cancellations of Donations

You may not cancel a Donation once your Donation has been processed. SSC cannot refund or cancel your donation.

 

Non-eligibility of Donations to SSC for an Official Donation Receipt

SCC is a Non-Profit Organization within the meaning of the Act and is not a Qualified Donee. SSC cannot issue Official Donation Receipts for income tax purposes.

 

Limitation of Liability

We are not responsible for: (a) losses not caused by our breach; (b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Donation Terms, for example loss of profits or loss of opportunity; or (c) failure to provide the Website or to meet any of our obligations under these Donation Terms where such failure is due to Events Beyond our Control. "Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from participating in the Project or fulfilling any of our other obligations under these Donation Terms and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

Our total liability to you for any loss or damage arising in connection with these Donation Terms is limited to the value of your Donation.

 

General

Governing Law. These Donation Terms (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of conflicts of law.  You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a court in the Province of Nova Scotia and that you attorn to the jurisdiction of that court.

Number and Gender. Words in the singular number include the plural and such words shall be construed as if the plural had been used, and vice versa. Words importing the use of any gender shall include all genders where the context or party referred to so requires, and the rest of the sentence shall be construed as if the necessary grammatical and terminological changes had been made.

Successors. These Donation Terms shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.