This Agreement for Donation (“Agreement”) is made by you (the “Donor”) and Venture X (the “Intermediary”), having an address at 4230 Sherwoodtowne Boulevard Mississauga, ON L4Z 2G6.
This Agreement is effective as of the date executed by both parties ("Effective Date"), and it is in the contemplation of the Intermediary’s community initiative as a response for COVID-19, where they will donate laptops (the “Equipment”) to 933 central parkway west Mississauga, ON L5C 2T9 (the “Donee”).
The Intermediary is responsible for collecting the laptops from the Donor and sending them to the Donee.
1. Equipment, Consideration, and Transfer of Title:
- i. Subject to the terms and conditions of this Agreement, Donor transfers all rights, title and ownership of the equipment to the Donee.
- ii. The Equipment must be wiped (i.e. information is erased) before it is donated.
- iii. The Equipment donated may contain confidential material. Nothing herein will be construed as the transfer of confidential material to the Intermediary, its affiliates, or the Donee, and Donor will not disclose such confidential material to any third party.
- iv. No monetary consideration shall be due to Donor under the terms of this.
2. Transportation of Equipment
Unless the Intermediary decides it is not practically possible, the Intermediary is responsible to pick up the Equipment at a location specified by the Donor. The Intermediary has full discretion in this process to accept or reject donations, as well as hire an independent third party services to pick up the Equipment from the Donor.
3. Warranties.
The Donor warrants that:
- a. The Equipment is safe and suitable for use and has no known dangerous defects; and,
- b. There are no claims, judgements, liens or other encumbrances of any kind whatsoever against or upon title to the Equipment; and,
- c. No custom laws, tax laws or other laws or regulations applicable to the Equipment or its export or import, have been broken
4. No Liability:
- (a) UNDER NO CIRCUMSTANCES WILL THE INTERMEDIARY OR ITS AFFILIATESBE BE RESPONSIBLE FOR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EQUIPMENT.
- (b) TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES WILL THE INTERMEDIARY, RELATED PARTIES, OR THE DONEE BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, EVEN IF THEY WERE FORESEEABLE AND/OR EVEN IF DONEE HAS INFORMED DONOR OF THEIR POTENTIAL, ARISING IN ANY WAY OUT OF THE EQUIPMENT OR THIS AGREEMENT.
- (c) YOU HEREBY FURTHER AGREE TO INDEMNIFY AND SAVE THE INTERMEDIARY, OUR AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HARMELSS, FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES (INCLUDING LEGAL COSTS ON A FULL INDEMNITY BASIS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, AS A RESULT OF ANY CLAIMS ASSERTED BY THIRD PARTIES RELATING TO PRODUCTS OFFERED. YOU FURHTER AGREE THAT THE INTERMEDIARY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY TO YOU, FOR ANY MATERIAL POSTED BY OTHERS, INCLUDING DEFAMATORY, OFFENSIVE OR ILLICIT MATERIAL AND THAT THE RISK OF DAMAGES FROM SUCH MATERIAL RESTS ENTIRELY WITH YOU. THE INTERMEDIARY RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH THE INTERMEDIARY IN ASSERTING ANY AVAILABLE DEFENSES.
5. Governing Law:
This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of Ontario, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the Ontario.
6. Accepting the Terms:
I have read and understand the terms of this agreement. I accept the terms freely and voluntarily.
