Gift My Client – Terms Of Use

TERMS OF USE

Welcome to Gift My Client and www.giftmyclient.com (“Website”). These terms of use (“Terms”) govern your visit and use of the online services, websites, and/or software provided on or in connection with the service provided by Gift My Client. By accessing or using the Gift My Client website and services, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Gift My Client Privacy Policy. The following Terms apply to all visitors, users, and others who access the service (“Users”).

OUR SERVICE

Gift My Client is a next-level service that utilizes corporate gifting to strengthen customer loyalty, drive greater advocacy, improve customer onboarding, and recognize and reward employees.

ELECTRONIC COMMUNICATIONS

When you use www.giftmyclient.com, or send emails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by email, text, or by posting notices and messages on the www.giftmyclient.com site. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ACCOUNTS

Gift My Client users create accounts for the purposes of accessing the service, and making purchases through the Website. When you create an account with us you represent and warrant that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password.

COPYRIGHT

All content included in or made available through www.giftmyclient.com – such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software – is the property of www.giftmyclient.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through www.giftmyclient.com is the exclusive property of www.giftmyclient.com and protected by Canadian and international copyright laws.

AGE

We provide surprising, entertaining gifts for people of all ages, but Gift My Client does not knowingly collect personally identifiable information from children under the age of fourteen. You must be at least 14 years of age to use the Website and the service. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 14 years of age and you understand and agree to these Terms; (b) if you are between the ages of 14 and 17, you represent and warrant that your legal guardian has reviewed and agreed to these Terms; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Website and service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

PRIVACY

Protecting your private information as you use our service is our priority. The following Statement of Privacy applies to www.giftmyclient.com and Gift My Client and governs data collection and usage. For the purposes of the following Privacy Policy, unless otherwise noted, all references to Gift My Client include www.giftmyclient.com and Gift My Client. By using the Gift My Client website, you consent to the data practices described in this statement.

Collecting your personal information

During your registration process, Gift My Client may collect personally identifiable information, such as your name and email. If you purchase Gift My Client products and services, we may also collect from you billing and credit card information, and which billing and credit card information are used to complete the purchase transaction.

Information about your computer hardware and software may be automatically collected by Gift My Client. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Gift My Client website.

We encourage you to review the privacy statements of websites you choose to link to from Gift My Client so that you can understand how those websites collect, use and share your information. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. Gift My Client is not responsible for the privacy statements or other content on websites outside of the Gift My Client website.

Using your personal information

Gift My Client collects and uses your personal information to operate its website(s) and deliver the services you have requested. Gift My Client may also use your personally identifiable information to inform you of other products or services available from Gift My Client and its partners. Gift My Client may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Gift My Client may keep track of the websites and pages our users visit within Gift My Client. This data is used to deliver customized content and advertising within Gift My Client to customers whose behaviour indicates that they are interested in a particular subject area.

Gift My Client will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Gift My Client or the site; (b) protect and defend the rights or property of Gift My Client; and, (c) act under exigent circumstances to protect the personal safety of users of Gift My Client, or the public.

Cookies

www.giftmyclient.com may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. They cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Gift My Client services or websites you visit.

Analysis Tools

Gift My Client uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect data that helps to improve the functionality of our websites for our customers. By visiting our website you acknowledge that you accept and consent to our privacy practices as well as those of Google Analytics.

About Google Analytics

Google Analytics uses cookies to help analyze user behaviour on www.giftmyclient.com. The information generated by the cookie (including your IP address) will be transmitted to and stored by Google. This information will be used to evaluate your use of www.giftmyclient.com and provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data by Google for the purposes set out above. In addition, Gift My Client uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show advertisements by Gift My Client across the web, using first-party cookies (such as the Google Analytics cookie) to inform, optimize, and serve ads based on a customer’s past visits to our website.

Security

Gift My Client takes all possible precautions to secure your personal and billing information from unauthorized access, use or disclosure, however we cannot guarantee the ultimate impenetrability of our security measures. You acknowledge that you provide your personal information at your own risk. We do not sell, rent or lease our customer lists to affiliates or unauthorized third parties.

OPT-OUT & UNSUBSCRIBE

Gift My Client understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from Gift My Client by contacting us at customercare@giftmyclient.com

PURCHASES AND PAYMENT

If you wish to purchase any product or service made available through the Gift My Client website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. You acknowledge that Gift My Client is not liable for any breaches of credit card or debit card security or privacy.

We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

SHIPPING

Gift My Client will ship all gifts and products purchased through the Website to the address specified in the shipping address section of our online order form. The time period from order to arrival will vary depending on location.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Gift My Client and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the Gift My Client website.

LIMITATION OF LIABILITY

In no event shall Gift My Client, nor 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMERS; NO WARRANTIES

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. GIFT MY CLIENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GIFT MY CLIENT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING GIFT MY CLIENT OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

STATEMENT CHANGES

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Statement of Privacy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted. Please check this page periodically for changes to these Terms.

GOVERNING LAW

These Terms are governed by the laws of the Province of Ontario without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Gift My Client agree to submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located within Toronto, Ontario for the purpose of litigating any dispute. We operate the service from our offices in Ontario, and we make no representation that the service offered is appropriate or available for use in other locations.

QUESTIONS OR COMMENTS

Gift My Client welcomes your questions or comments regarding these Terms. If you believe that Gift My Client has not adhered to these Terms, please contact us.

Our Site is maintained in Canada. By using the site, you authorize the export of personal information to the Canada and its storage and use as specified in this policy.

DISPUTE RESOLUTION AND ARBITRATION

In the interest of resolving disputes between you and Gift My Client in the most expedient and cost effective manner, you and Gift My Client agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GIFT MY CLIENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and Gift My Client will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Gift My Client.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”).

Gift My Client’s address for Notice is:

100 University Avenue, Suite 500, Toronto, Ontario, Canada M5J 1V6

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you and Gift My Client may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you and Gift My Client must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Gift My Client will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Gift My Client in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

If you commence arbitration in accordance with these Terms, Gift My Client will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Toronto, Ontario, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the province of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Gift My Client for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

YOU AND Gift My Client AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Gift My Client agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If Gift My Client makes any future change to this arbitration provision, other than a change to Gift My Client’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Gift My Client’s address for Notice, in which case your account with Gift My Client will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

EFFECTIVE DATE

These Terms are effective and were last updated on November 1, 2019.