Terms of Service

By accessing or using the Gift Experiences website, mobile application, or any services offered by Gift Experiences ("Services"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services.

These Terms of Service constitute a legally binding agreement between you and Gift Experiences. The terms "we," "us," and "our" refer to Gift Experiences. "You" refers to you, as a user of our Services.

Throughout these Terms of Service, we use certain terms with specific meanings:

• "Experience" - Any activity, event, or service offered through our platform that can be purchased as a gift.
• "Gift Code" - A unique code that grants access to an Experience, typically delivered to a recipient via email.
• "Provider" - A third-party vendor who delivers the actual Experience to recipients.
• "Purchaser" - An individual who buys an Experience through our Services.
• "Recipient" - An individual who receives a Gift Code and redeems it for an Experience.
• "User" - Any individual who accesses or uses our Services, including Purchasers and Recipients.

Pricing and Payment

All prices are listed in Canadian Dollars (CAD) and are inclusive of applicable taxes. Payment is required at the time of purchase. We accept various payment methods as indicated on our website. By providing payment information, you represent that you are authorized to use the payment method and agree to pay the total amount specified, including taxes and any applicable fees.

Order Confirmation

Once we receive your order and payment, we will send an order confirmation to the email address you provided. This confirmation serves as acceptance of your order. Gift Codes will be delivered via email to the recipient's email address that you provided.

Price Changes

We reserve the right to modify our prices at any time without notice. However, any price changes will not affect purchases for which you have already received an order confirmation.

Availability

All Experiences are subject to availability. We reserve the right to discontinue or modify any Experience at any time without prior notice. If an Experience becomes unavailable after purchase but before redemption, we will offer an exchange for a different Experience of equal value or a refund at our discretion.

Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with these requirements.

Account Termination

We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties, or for any other reason.

Gift Code Validity

Gift Codes are valid for lifetime from the date of purchase unless otherwise specified.

Redemption Process

To redeem a Gift Code, the recipient must create an account (or log in to an existing account) using the same email address to which the Gift Code was sent. The recipient can then book their Experience through our website according to the Provider's availability. Some Experiences may require advance booking.

Non-Transferability

Gift Codes are linked to the recipient's email address and cannot be transferred to another person after delivery. If you need to change the recipient's email address, please contact our customer service team before the Gift Code is delivered.

Exchange Policy

Recipients may exchange unused Gift Codes for other Experiences of equal or lesser value, subject to our Exchange Policy. If exchanging for an Experience of lesser value, the difference will be issued as credit to the recipient's account. We do not provide cash refunds for the difference in value.

Ownership

Our Services and all content, features, and functionality (including but not limited to text, graphics, logos, images, and software) are owned by Gift Experiences or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to:

• Modify, reproduce, distribute, display, or create derivative works of our Services
• Use any data mining, robots, or similar data gathering methods
• Use our Services for any commercial purpose
• Remove any copyright, trademark, or other proprietary notices

Trademarks

"Gift Experiences" and our logo are trademarks of Gift Experiences. All other trademarks, service marks, and logos used on our Services are the property of their respective owners. Nothing in these Terms of Service grants you the right to use any trademarks, service marks, or logos without prior written consent from the owner.

Content Submission

Our Services may allow you to submit content, such as reviews, ratings, comments, and feedback ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

Responsibility for Content

You are solely responsible for any User Content you submit and its accuracy. You represent and warrant that:

• You own or have the necessary rights to the User Content you submit
• The User Content does not violate the rights of any third party
• The User Content complies with these Terms of Service

Content Monitoring

We have the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms of Service or is otherwise objectionable. We assume no responsibility for any User Content that you or any other user or third party posts or sends through our Services.

You agree not to engage in any of the following prohibited activities:

• Using our Services for any illegal purpose or in violation of any local, provincial, national, or international law
• Submitting false or misleading information
• Impersonating any person or entity
• Interfering with or disrupting our Services or servers
• Attempting to gain unauthorized access to our Services
• Reverse engineering, decompiling, or otherwise attempting to obtain the source code of our Services
• Using our Services to send unsolicited communications
• Engaging in any activity that interferes with another user's enjoyment of our Services
• Uploading or transmitting viruses, malware, or other malicious code
• Collecting or harvesting user data without consent
• Using automated means to access or use our Services without our express permission

Experience Providers

The Experiences available through our Services are provided by third-party Providers. We do not provide the Experiences ourselves. We are responsible for the sale and delivery of Gift Codes, but the Provider is responsible for delivering the actual Experience. Each Provider may have its own terms and conditions that apply to the Experience, which will be provided to the recipient at the time of booking or redemption.

Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Gift Experiences. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Third-Party Integrations

We may offer features that integrate with third-party services, such as social media platforms or payment processors. These features may collect your information or require you to provide your credentials for that third-party service. Your use of these integrations is subject to the third party's terms and privacy policies.

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Services.

You acknowledge and agree that any reliance on the Services or any content available through the Services will be at your own risk. We are not responsible or liable for any harm or damages arising from or related to your use of or reliance on the Services or any content available through the Services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFT EXPERIENCES, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims arising from or related to the Services exceed the amount paid by you to us during the twelve (12) month period preceding the event giving rise to the liability, or one hundred Canadian dollars (CAD $100), whichever is greater.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

You agree to defend, indemnify, and hold harmless Gift Experiences, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Content, any use of our content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from our Services.

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Service.

If you wish to terminate your account, you may simply discontinue using our Services, or contact us to request account deletion. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Services will immediately cease. If your account is terminated due to your breach of these Terms of Service, you may lose access to unused Gift Codes or account credits.

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. We will provide notice of any material changes by posting the new Terms of Service on this page and updating the "Last Updated" date. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Services.

It is your responsibility to review these Terms of Service periodically for changes. Your continued use of our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

These Terms of Service and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Your use of the Services may also be subject to other local, provincial, national, or international laws.

Informal Resolution

Before filing a claim against Gift Experiences, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Gift Experiences may proceed with filing a formal proceeding.

Formal Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the rules of the ADR Institute of Canada in force on the date when the Notice of Arbitration is submitted.

The number of arbitrators shall be one. The seat of the arbitration shall be Toronto, Ontario. The arbitral proceedings shall be conducted in English. The dispute, controversy, or claim shall be decided in accordance with the law of Ontario.

Notwithstanding the foregoing, Gift Experiences reserves the right to bring an action in a court of competent jurisdiction for injunctive or other equitable relief regarding any dispute related to the actual or threatened infringement, misappropriation, or violation of our intellectual property or proprietary rights.

If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on the Services, shall constitute the entire agreement between you and Gift Experiences concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

If you have any questions about these Terms of Service, please contact us at:

Email: info@giftexperiences.ca

Phone: (416) 555-0123