Terms of Use

Welcome to www.ScholarTree.ca ("ScholarTree"). These Terms of Use, the Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively "Services").

www.ScholarTree.ca is provided to you by ScholarTree, P.O Box 30073 King Street, Toronto, Ontario, M5V 0A3

Your Scholarship or Student Profile

In order to access and use some or a portion of the Services, you may be required to register with us with your email address and a password. As a donor, you may be required to register with us in order to create a scholarship (your “Scholarship”) and as a student, you may be required to register with us in order to create a student profile (your “Profile”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Scholarship or Profile. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Scholarship or Profile may have been compromised or misused, contact us immediately at [email protected]

Using ScholarTree Services

You will create a Scholarship or Profile in the appropriate category (donor or student) or area and will not do any of the following:

  • make false or misleading statements;
  • make discriminatory, harassing or other inappropriate or offensive comments;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm ScholarTree or the interests or property of ScholarTree users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the ScholarTree;
  • copy, modify, or distribute any other person's content;
  • use any robot, spider, scraper or other automated means to access ScholarTree and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to ScholarTree.

Abusing ScholarTree Services

Please contact us at [email protected] to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off ScholarTree if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off ScholarTree or not, we do not accept any liability for monitoring ScholarTree or for unauthorized or unlawful content on ScholarTree or use of ScholarTree by users.

Fees and Services

For students who create a Profile, using ScholarTree Services is free of charge. For donors who create a Scholarship, we will charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not pay them when they are due, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to charge your credit card for the amount of the outstanding balance).

Canadian taxes associated with our Services will be collected when applicable.  You agree to provide accurate address information necessary for ScholarTree to comply with its obligations under applicable law. To the extent that such information is not provided, ScholarTree will, in its discretion, determine and collect appropriate taxes.

You are solely responsible to collect and remit any applicable taxes resulting from the award or receipt of your scholarship or services listed on ScholarTree.

Content

ScholarTree Services contains information from us, you, and other users. You agree not to copy, modify, or distribute ScholarTree Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify [email protected] and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a Scholarship or Profile to ScholarTree that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report potentially infringing Scholarships or Profiles. If you have a good faith belief that a Scholarship or Profile on any of the ScholarTree Services infringes your copyright, trademark, or other intellectual property rights, all you need to do contact us at [email protected] We reserve the right to share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.

Disclaimers and Limitations of Liability

The ScholarTree Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as Stripe, BrainTree, or PayPal  (each a “Third Party Payment Processor”.  For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Scholarship or Profile with ScholarTree, you acknowledge and agree that by making payments through ScholarTree with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the information on the ScholarTree Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any Scholarships or Profiles or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of ScholarTree, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

Indemnification

You will indemnify and hold harmless ScholarTree and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the ScholarTree Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Personal Information

By using ScholarTree Services, you agree to the collection, transfer, storage and use of your personal information by ScholarTree (the "data controller") on servers located in the United States and in the European Union as further described in our privacy policy.

General

These terms and the other policies posted on ScholarTree Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

ScholarTree
P.O Box 30073 King St.
Toronto, Ontario
M5V 0A3

Last Modified: April 2nd, 2018