Terms and Conditions

TERMS AND CONDITIONS

Welcome to the Platform (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us team@giftforward.co.

These Terms of Use were last updated on May 1, 2020.

Acceptance of Terms of Use

GIFTforward Inc. (“GIFTforward”, “we”, “us” or “our”) owns and operates a platform at the website, www.giftforward.co, including the mobile and touch versions of the website (as such platform may be amended, supplemented, or changed from time to time, the “Platform”). By (a) using the Platform and GIFTforward’s services through the Platform and/or (b) completing a purchase on the Platform, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these terms of use and the Gift Card Terms of Sale, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use”. The term “using” also includes any person or entity that accesses or uses the Platform with crawlers, robots, data mining, or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE PLATFORM AND DO NOT USE ANY GIFTFORWARD SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY GIFT CARD OR OTHER PRODUCTS/SERVICES OFFERED THROUGH THE PLATFORM.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A)  DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER  DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.

1. About the Platform

The Platform is a platform through which certain merchants (“Merchants”) sell gift cards (“Merchant Gift Cards” or “Merchant Offerings” or “Gift Cards”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. More information about the distributor of a particular Gift Card is available upon request.

Certain Merchant Offerings and pricing on the Platform may change at any time in GIFTforward’s sole discretion, without notice.

2. Ownership of the Platform

The Platform, any content on the Platform, and the infrastructure used to provide the Platform are proprietary to us, our affiliates, Merchants, and other content providers. By using the Platform and accepting these Terms of Use: (a) GIFTforward grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by GIFTforward; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Platform without the express permission of GIFTforward.

3. Use of the Platform

As a condition of your use of the Platform, you agree that:

  • You have reached the age of majority in the state or province in which you reside;

  • You are able to create a binding legal obligation;

  • You are not barred from receiving products or services under applicable law;

  • You will not attempt to use the Platform with crawlers, robots, data mining, or extraction tools or any other functionality;

  • Your use of the Platform will at all times comply with these Terms of Use;

  • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;

  • You will only make purchases on the Platform for your own use and enjoyment or as a gift for another person;

  • You have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current, and complete;

  • You will update and correct information you have submitted to the Platform; and

  • You will only purchase a Gift Card or participate in other available programs through the Platform by using the guest checkout feature on the Platform, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.

4. Access to the Platform

GIFTforward retains the right, at our sole discretion, to deny service or use of the Platform to anyone at any time and for any reason. While we use reasonable efforts to keep the Platform accessible, the Platform may be unavailable from time to time. You understand and agree that there may be interruptions in service or events or Platform access due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

5. Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Platform or our services, we will post notice of the change on the Terms and Conditions website page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you should not use the Platform or any services offered through the Platform after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms and Conditions website page is adequate notice to advise you of these changes, and that your continued use of the Platform or our services will constitute acceptance of these changes and the Terms of Use as modified.

6. Your Conduct

All interactions on the Platform must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Platform, we may limit or terminate your privileges on the Platform and seek other remedies.

The following activities are prohibited on the Platform and constitute violations of these Terms of Use:

  • Submitting any content to the Platform that:

    • violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);

    • contains personal information, except when we expressly ask you to provide such information;

    • contains viruses or malware;

    • offers unauthorized downloads of any copyrighted, confidential, or private information;

    • has the effect of impersonating others;

    • contains messages by non-spokesperson employees of GIFTforward purporting to speak on behalf of GIFTforward or provides confidential information concerning GIFTforward;

    • contains chain letters of any kind;

    • is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

  • Attempting to do or actually doing any of the following:

    • accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

    • scanning or monitoring the Platform for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;

    • scanning or testing the security or configuration of the Platform or breaching security or authentication measures; or

    • interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Platform.

  • Using any of the following:

    • frames, framing techniques, or framing technology to enclose any content included on the Platform without our express written permission;

    • any Platform content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;

    • the Platform or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with GIFTforward; or

    • the Platform or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with GIFTforward, including, without limitation, aggregating current or previously offered deals.

  • Collecting any of the following:

    • content from the Platform, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Platform without our express written permission; or

    • Personal Information (as defined in our Privacy Policy) or content of any consumers or Merchants.

  • Engaging in any of the following:

    • tampering or interfering with the proper functioning of any part, page, or area of the Platform or any functions or services provided by GIFTforward;

    • taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

    • reselling or repurposing your access to the Platform or any purchases made through the Platform;

    • accessing, monitoring, or copying any content from the Platform using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;

    • violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform;

    • aggregating any current or previously-offered deals or content or other information from the Platform (whether using links or other technical means or physical records associated with purchases made through the Platform) with material from other sites or on a secondary site without our express written permission;

    • deep-linking to any portion of the Platform without our express written permission;

    • hyperlinking to the Platform from any other website without our initial and ongoing consent; or

    • acting illegally or maliciously against the business interests or reputation of GIFTforward, our Merchants, or our services.

7. Terms of Sale

By purchasing or obtaining any Merchant Offering or Product via the Platform, you agree to these Terms of Use, including, without limitation, the Terms of Sale, available here.

8. Special Programs (if applicable)

By participating in any special programs offered by GIFTforward you agree to these Terms of Use and the additional terms of each program.

9. Copyright and Trademarks

The Platform contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Platform are protected by copyright, trademark, and other intellectual property laws of Canada. GIFTforward owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of GIFTforward or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Other marks on the site not owned by GIFTforward may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of GIFTforward unless otherwise stated, or may be the property of their respective owners. You may not use GIFTforward’s name, logos, trademarks or brands, or trademarks or brands of others on the Platform without GIFTforward’s express permission.

10. Disclaimer of Warranty

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. NEITHER GIFTFORWARD, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE PLATFORM, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS OR (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS. THE PLATFORM AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE PLATFORM, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, GIFTFORWARD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT OR OTHER INFORMATION CONTAINED ON THE PLATFORM OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY GIFTFORWARD THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

11. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFTFORWARD, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE PLATFORM, THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE PLATFORM OR SUBMITTED BY YOU TO THE PLATFORM; (B) YOUR INABILITY TO USE THE PLATFORM; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE PLATFORM; (D) THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL GIFTFORWARD’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, GIFT CARD, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE GIFT CARD, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY GIFTFORWARD THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

12. Electronic Communications

When you use the Platform or send emails to GIFTforward, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email us.

13. Websites of Others

The Platform contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource.

14. Indemnification/Release

You agree to defend, indemnify, and hold harmless GIFTforward, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) fraud you commit or your intentional misconduct or gross negligence; or (b) your violation of any applicable Canadian, or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the Platform. To the extent permitted under applicable laws, you hereby release GIFTforward from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Platform, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct or speech, whether online or offline, of any other third-party.

15. Force Majeure

GIFTforward shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines, pandemics or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of GIFTforward or a Merchant, as applicable.

16. Assignment

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of GIFTforward. Any attempted assignment that does not comply with these Terms of Use shall be null and void. GIFTforward may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

17. Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and GIFTforward with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and GIFTforward with respect to such subject matter.

18. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Platform or GIFTforward’s services shall be governed by the laws of the Province of Ontario and the federal laws applicable therein, without regard to its choice of law rules and without regard to conflicts of laws principles. GIFTforward and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

19. Dispute Resolution

(a)  Dispute Resolution . Except as specifically stated herein, any dispute or claim between you and GIFTforward and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees arising out of, relating in any way to, or in connection with the Terms of Use, the Platform or your use of the Platform, your Personal Information, or any Gift Cards or Merchant Offerings (“Dispute(s)”) shall be resolved exclusively by the Ontario courts situated in the City of Toronto and you hereby waive any objection to the venue of any proceeding in such court or that such court provides an inconvenient forum. 

(b)  No Class Action Matters . We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be settled only on an individual basis and not in a class, consolidated, or representative action and that the court may award relief (including injunctive relief) only on an individual basis. The court does not have the power to vary these provisions.

(c)  Injunctive Relief . Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Platform, and/or any illegal or intentional act against your interests or the general business interests of GIFTforward.

(d)  Severability . With the exception of Section 19(b) above, if any part of this Section 19 is ruled to be unenforceable, then the balance of this Section 19 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 19(b) above is ruled to be unenforceable, then Section 19(a) shall be deemed unenforceable, but the rest of Section 19 shall remain in full effect.

20. Additional Disclosures

No waiver by either you or GIFTforward of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

You are contracting with GIFTforward Inc. [email:  team@giftforward.co] 

The provisions of these Terms of Use apply equally to, and are for the benefit of, GIFTforward, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

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