Terms of Sale

GIFT CARD TERMS OF SALE

These Gift Card Terms of Sale are part of and incorporated into the Terms and Conditions and Privacy Policy applicable on the website www.giftforward.co. Your purchase, use or acceptance of a Gift Card (as defined below) constitutes your acceptance of these terms and conditions, as amended from time to time by GIFTforward in its sole discretion.

These Gift Card Terms of Sale were last updated on April 2, 2020.

About the GIFTforward Platform

  • GIFTforward operates a platform which permits certain merchants (“Merchants”) to offer their gift cards for sale to the public at the website www.giftforward.co (as may be amended, supplemented, or changed from time to time, the “Platform”). The Gift Cards may redeemed for certain products and/or services offered by the Merchants (the “Merchant Offerings”) pursuant to these Gift Card Terms of Sale and subject to any additional terms and conditions specified by a Merchant.

  • The issuer of each Gift Card is the applicable Merchant, and the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Gift Cards or portions thereof.

  • GIFTforward is acting solely as an agent which facilitates payment by you on the Platform to the Merchant, and you waive and release GIFTforward from any claim, liabilities, damages, or injury arising from or related to any act or omission of a Merchant in connection with a Gift Card or the products/services provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Gift Cards or any portion thereof. 

  • The terms “you” and “your” refer to the person who purchased the Gift Card and/or the person who uses the Gift Card.

About GIFTforward Gift Cards

  • Gift Cards cannot be resold.

  • Gift Cards are not redeemable for cash and are non-refundable, except where required by law.

  • Gift Cards are not reloadable.

  • The available balance on Gift Cards does not expire.

  • Gift Cards are not credit or debit cards, but constitute a prepayment on the cost of purchases at participating Merchants, as applicable.

  • There is no cash back for unused balances on Gift Cards, except where required by law.

Receiving your Gift Card

  • Gift Cards will be emailed to the indicated recipient prior to the end of the government-mandated suspension of normal business activity in connection with COVID-19 (the “COVID-19 Restrictions”), but in any case, no later than July 1, 2020.

  • GIFTforward is not responsible for Gift Cards that are not delivered or not received due to inaccurate delivery information. If you ordered a Gift Card and the intended recipient has not received the electronic Gift Card, ask them to check their junk mail or deleted items. If they still have not received it, please contact us by emailing team@giftforward.co. If the Gift Card has not been redeemed, we can cancel the Gift Card and re-issue it.

  • GIFTforward may, in its sole discretion, verify a user’s identity prior to processing a purchase. GIFTforward reserves the right to hold, suspend, cancel or refuse an order for which fraud, a violation of these Gift Card Terms of Sale or applicable law, or a security risk is suspected. If your order is affected, you will be notified via email. Refunds for cancelled orders may be issued where it deems appropriate.

  • If an offer becomes unavailable between ordering and processing, GIFTforward will either cancel or not process the order and will notify you by email.

Redeeming a Gift Card

  • Gift Cards may be redeemed as soon the COVID-19 Restrictions have been lifted such that the applicable Merchant is open for business and is offering dine-in services to the public (if any), notwithstanding any reductions in capacity or operating function (“Reopening”). The applicable Merchant from whom you purchased a Gift Card will notify you by e-mail within 3 business days of its Reopening.

  • The full stored value of the Gift Card will be applied to the total eligible amount of your purchase with the applicable Merchant. Any unused portion will remain on the Gift Card and can be applied towards future purchases with the applicable Merchant. Merchants are required to keep track of any sales and stored value on your Gift Card and any issues pertaining to such should be directed to the applicable Merchant.

  • You can use multiple Gift Cards to pay for your purchases with the Merchant. If there is an amount owing once your Gift Cards have been used, you must select another method of payment to complete your payment.

The Merchant Offerings

  • Pricing relating to certain Merchant Offerings, Gift Cards, and other available programs on the Platform may change at any time in GIFTforward’s sole discretion without notice.

  • A Merchant may advertise Merchant Offerings that require the Merchant to have an up-to-date regulatory authorization or license. GIFTforward does not verify, validate, or collect evidence of any regulatory authorization or license from any Merchant. You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering to determine whether: (i) Merchant is qualified to provide the advertised products and/or services; or (ii) the Merchant Offering is of the care and quality required. Merchant is solely responsible for the care and quality of the products and/or services being provided or the care and quality of the Merchant Offering.

  • GIFTforward does not guarantee against pricing errors and reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Platform. If this occurs, GIFTforward will attempt to notify you by email. In addition, GIFTforward reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering.

  • Any service fee retained by GIFTforward from the sale of the Gift Cards is compensation to GIFTforward for marketing, promoting and advertising on behalf of the Merchant. As the issuer of the Gift Cards, the Merchant shall be fully responsible for any and all liabilities, caused in whole or in part by the Merchant, as well as for any liabilities arising from any regulatory action. GIFTforward does not make any warranty in relation to the Gift Cards, including, without limitation, their validity or value. GIFTforward is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Gift Card. 

Acknowledgement of Risk

  • You agree to fully assume the following risks (which are also described in our FAQ), for which GIFTforward assumes no liability:

    • Due to the COVID-19 Restrictions, certain restaurants may become insolvent and permanently close their business before you are able to redeem you Gift Card, in which case your Gift Card will become valueless.

    • Descriptions of the Merchant Offerings advertised on the Platform are provided by the Merchant or other referenced third parties. GIFTforward does not investigate or vet Merchants and is not responsible for any claims associated with the description of the Merchant Offerings. There is a possibility that a fraudulent Merchant lists a Merchant Offering that does not exist and for which Gift Cards cannot be redeemed.

Limitation of Liability and Indemnification

GIFTFORWARD IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY , WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, FOR ANY CLAIMS, COSTS, DAMAGES OR EXPENSES ARISING OUT OF: (I) YOUR NEGLIGENT ACT OR OMISSION, WILLFUL MISCONDUCT OR FRAUD; (II) ANY BREACH OR DEFAULT BY YOU OF THE OBLIGATIONS UNDER THESE TERMS AND CONDITIONS; (III) GIFTFORWARD’S FAILURE TO CARRY OUT ITS OBLIGATIONS IF THE FAILURE IS CAUSED BY A THIRD PARTY, A SYSTEM OR DATA PROCESSING FAILURE OR ANY OTHER ACT OR OMISSION OUTSIDE OF GIFTFORWARD’S CONTROL; (IV) ANY LOSS OF PROFITS OR INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES REGARDLESS OF HOW THEY ARISE; (V) THE MERCHANT OFFERING; OR (VI) YOUR INABILITY TO REDEEM THE GIFT CARDS.

GIFTFORWARD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF THERE IS ANY ISSUE WITH OR RELATED TO A GIFT CARD (INCLUDING WITHOUT LIMITATION IF A GIFT CARD CODE IS NON-FUNCTIONAL), YOUR SOLE REMEDY, AND GIFTFORWARD’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

You shall indemnify and hold harmless GIFTforward and its officers, directors, employees, agents, subcontractors or representatives from and against any and all third party charges, claims, losses, demands, damages, liabilities, costs, expenses, causes of action or suits (collectively, “Losses”) incurred or suffered by GIFTforward or its officers, directors, employees, agents, subcontractors or representatives to the extent resulting from: (a) your negligent act or omission, willful misconduct or fraud; and (b) any breach or default (including without limitation breach of a representation or warranty hereunder) by you of the obligations under these Gift Card Terms of Sale.

General Terms

  • The laws of the Province of Ontario, without regard to the principles of conflict of law, govern these Gift Card Terms of Sale and all matters relating to or arising out of the purchase and/or use of the Gift Cards. Any dispute relating in any way to a Gift Card will be adjudicated by the courts of the Province of Ontario and you submit to the exclusive jurisdiction and venue of such courts.

  • Use of any GIFTforward trademarks or logos in connection with the purchase and/or use of the Gift Cards is permitted for the purpose of promoting GIFTforward, provided that such trademarks and logos cannot be used in a manner that is indecent or illegal, or negatively impacts GIFTforward, its brands, its reputation or goodwill.

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