© 2017 Giftagram Inc., All Rights Reserved

Terms of Use

Terms of Use

Last updated: July 15, 2015

Agreement to be bound by Contract Terms

The services on this app are offered to you by Giftagram Inc. (“Giftagram”, “us”, “our” and “we”). If you visit or shop using our app, you accept these conditions. Please read them carefully. By using this app and the services offered through it, you agree to be bound by these terms of use and all related policies, conditions, and guidelines. If you do not agree with any of these terms of use, you may not use our app, website other products or services.

Giftagram Inc. (“Giftagram”, “We” or “Us”) may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your Giftagram account.

Giftagram Inc. is a company with offices in Toronto, Ontario (Canada) and Los Angeles, California (USA).

Privacy

Please review our Privacy Policy, which also governs your visit to our app and your use of our services.

License and App Access

We grant you a limited license to access and make personal use of Giftagram. This license does not include the right to the following all of which are prohibited: (i) any resale or commercial use of our app or its contents; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of our app or its contents; or (iv) any use of data mining, robots, or similar data-gathering and extraction tools. The app or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Any unauthorized use terminates the license granted by Giftagram. All rights not expressly granted herein are reserved by Giftagram.

Product Descriptions

Certain product descriptions are created by the merchants or suppliers on our app. As a result, we do not warrant that product descriptions or other content of our app are in any way accurate, complete, reliable, current, or error-free. If a product offered on our app is not as described, your sole remedy is to return it in unused condition.

Pricing and Product Availability

We cannot guarantee availability of any of the products listed on our app. Certain prices do not include shipping and handling, taxes, applicable tariffs and other charges associated with the purchase of the product which will be added to the purchase price and billed to you at the time of purchase.For products offered for purchase through Giftagram the following terms apply:

Once you submit a purchase order for a third party recipient, we will notify the recipient, once we have confirmation of a valid address from the recipient and we confirm availability of the product the order is processed.

Despite our best efforts, the items listed on our App may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

For alcohol related products offered for purchase through Giftagram the following terms apply:

Giftagram provides a delivery service only, for our liquor store partners (the “Partners”), through which all orders and purchases are processed. At the time you purchase alcoholic beverages or other items (“Products”) on the App, your credit card will be charged by a third party credit card processing provider who will transfer and deliver the funds to the Partners.

Neither Giftagram, nor any officer, director, employee, shareholder or agent of Giftagram shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.

By completing a purchase through the App, you agree that you are 21 years of age or older and that an individual 21 years of age or older will be present to accept the delivery of alcoholic beverages.

All deliveries of alcoholic beverages must be signed for by an individual who is capable of proving that he or she is 21 years of age or older and can provide a valid form of identification at the time of delivery.

If there is no individual who is not 21 years of age or older or cannot provide valid identification showing that he or she is 21 years of age or older, the delivery driver (the “Courier”) will not complete delivery of the Products. All Products will be removed from the order and returned to the Partners and a $10.00 delivery fee will be charged to User’s credit card and the remaining balance returned to User.
The Courier reserves the right to refuse to deliver Products for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason.

You understand and acknowledge that the App is an electronic platform for the purpose of connecting consumers to chosen Partners to engage in the sale, service, delivery and/or transportation delivery of Products. All sales of Products are transacted between you and the Partner(s). Giftagram does not provide or sell alcoholic beverages. No joint venture, partnership, employment, or agency relationship exists between Giftagram and any business or third party as a result of this License or use of the App or Services.

App Usage

Your use of the App and Services is subject to all applicable local, state and federal laws and regulations. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use the App and Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the App or Services on your mobile device or smartphone.

Ability to accept terms of service and user conduct

You affirm that you are 21 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Giftagram shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or Giftagram terminates them as follows: (a) You discontinue using the Services; or (b) Giftagram may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.

Shipping and Risk of Loss or Damage

We will do our best to facilitate prompt delivery but we do not give any delivery guarantee. All shipping dates are estimated from information provided by the carrier and other factors beyond our control.

Our liability for damage, breakage or loss of any product in shipment will be limited to the coverage provided by our shipping carrier’s terms and conditions of carriage.

Returns and Refunds

You may return a product for any reason for a full refund of the purchase price, but not any shipping or handling or other fees, within 14 days of receipt provided that the item is unused and in its original packaging. Please see the instructions on our App for processing the return. We will arrange and pay for shipping of the item back to the merchant. If the merchant disagrees that such product has been returned unused and in its original packaging we will seek to resolve the dispute between you and the merchant and our determination as to whether the product was or was not returned as required will be final and binding on you and the merchant. Items that are returned and for which a refund has been rejected will not be returned to you.

YOU ACKNOWLEDGE THAT WE ARE NOT THE MANUFACTURER, DISTRIBUTOR, SUPPLIER OR RETAILER OF ANY OF THE PRODUCTS LISTED ON OUR APP AND AS A RESULT WE HAVE NO LIABILITY WHATSOEVER FOR ANY PRODUCT DEFECTS, FAILURE OF A PRODUCT TO OPERATE IN ACCORDANCE WITH OR CONFORM TO ANY SPECIFICATIONS OR REQUIREMENTS OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE USE OF A PRODUCT. The only warranty provided in connection with any product (if any) are those provided by the merchant or manufacturer and any claims in connection with such warranties must be addressed directly with the merchant or manufacturer.

Your Account

You are responsible for maintaining the confidentiality of any account and password you create on our app, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 21, you may use our app only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright and Trademarks

All content included on our app, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Giftagram and/or our merchants. The compilation of all content on our App is the exclusive property of Giftagram. All such content and the compilation thereof is protected by Canadian and international copyright laws.

GIFTAGRAM is the trademark of Giftagram. All other trademarks not owned by Giftagram that appear on our app are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Disclaimer of Warranties and Limitation of Liability

THIS APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR APP OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR APP, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

These Terms of Use and your use of our App is governed exclusively by the respective State and Federal laws. For matters arising in the United States, will be governed by laws of the State of New York notwithstanding any principles of conflicts of law. For matters arising in Canada, will be governed by the laws of the province of Ontario. To the extent permitted by applicable law, any claim, dispute or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in respective jurisdictions above in the English language pursuant to the respective arbitration associations. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the respective jurisdiction’s courts.

App Policies, Modification, and Severability

Please review our other policies posted on our App. These policies also govern your visit to and use of Giftagram. We reserve the right to make changes to our App, policies, and these Terms of Use at any time. Any changes or revisions will be effective immediately upon their posting on our app. Your use of our app will be subject to the version of the Terms of Use posted on this App at the time of such use. Accordingly, you are advised to review the Terms of Use prior to using our app. YOUR CONTINUED USE OF OUR APP FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE OUR APP AND ARE TO DISCONTINUE USE OF THE APP IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Referrals and Promotional Codes.

Giftagram may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Giftagram establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Giftagram; (iii) may be disabled by Giftagram at any time for any reason without liability to Giftagram; (iv) may only be used pursuant to the specific terms that Giftagram establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Giftagram reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Giftagram determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Giftagram’s Terms.

Modification Of The Service And User Terms

Giftagram reserves the right, at its sole discretion, to modify or replace any of these terms, or change, suspend, or discontinue the service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Giftagram may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

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