Last Updated: September 14, 2019
Gifty Rewards Inc. (“GIFTY”, “we” or “us”) is the creator and owner of the mobile apps set forth here ( the “GIFTY App(s)”) and the gity-rewards.web.app website (the “Site”, collectively, with the GIFTY Apps, the “Service”). The following terms of use (the “Terms of Use”) govern your use of the Service. These Terms of Use form an agreement between GIFTY and you, so please read these Terms of Use carefully before using the Service. These Terms exempt GIFTY and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this Service. If you do not agree with these Terms of Use, your sole recourse is to cease your use of the Service immediately.
By using the Service, you agree to accept and abide by these Terms of Use for each use of and each visit to this Service. You also consent to and agree to comply with our privacy statement available here (the “Privacy Statement”). You agree to have these Terms of Use and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
The Service is owned and provided by GIFTY. You are granted a limited, revocable, non-transferable, non-sub-licensable, non-exclusive limited right and license to use the Service, including the Content (as defined below) therein accessible through this Service, solely for your own personal use, on computers, smartphones or other mobile devices that you own or control. GIFTY can terminate this license at any time and with or without any reason. The layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the ’look and feel’ of the Service (collectively, the “Content”) are proprietary to GIFTY, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content.
Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “GIFTY,” constitute trade-marks, trade names, trade dress and associated products and services of GIFTY or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of GIFTY suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of GIFTY or such third party, as applicable, is strictly prohibited.
In order to use the GIFTY Apps, you must register for an account with GIFTY (the “GIFTY Account”) and you must be 14 years of age or older in the jurisdiction in which you reside as of the time you register with us. You represent and warrant that the registration and GIFTY Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs on any of the GIFTY Apps through your GIFTY Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your GIFTY Account or any other breach of security related to the Service.
The Service is not targeted at children under the age of 14, and they are not permitted to use the Service. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Service, you affirm you are at least 14 years old.
You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
As a condition of your continued access to and use of the Service, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following ’Code of Conduct’ may result in the termination of your GIFTY Account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:
To the extent you are in breach of your obligations under these Terms of Use, GIFTY may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.
Your use of the GIFTY Apps may allow you to earn tickets (“Tickets”) in various ways, including (i) playing the games made available through certainGIFTY Apps, (ii) completing challenges (iii) watching videos ads, and (iv) sharing through social media. Once earned, your Tickets can either be: (i) stored in your GIFTY bank for later use in an applicable GIFTY contest; (ii) converted into cash that can be stored in your GIFTY wallet (subject to applicable conversion rates and minimum amounts set out on the Service); or (iii) used to enter into an applicable GIFTY contest (subject to applicable contest rules).
If you elect to convert Tickets stored in your GIFTY bank into cash, upon request and subject to minimum amounts set out in the Service, such cash may be paid out to you by GIFTY (or a third party payment processor on our behalf). Upon submitting your request for payment, GIFTY may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such request or payment, as applicable. If your request for payment is approved by GIFTY, information will be sent to our third party payment processor and such payment will be processed on behalf of GIFTY using their secure site. GIFTY is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Tickets you convert to cash. You are responsible for and agree to promptly pay, all charges, including applicable taxes and processing fees in respect of any Tickets you convert to cash. Personal information that you submit during the payment process is subject to our Privacy Statement.
You agree and accept responsibility for keeping all your GIFTY Account information current, including address, payment information, telephone number, and email address. GIFTY reserves the right to change the conversion rates, fees and charges associated with the Service at any time and from time to time without any notice to you or any other person or any liability.
UPON WRITTEN NOTICE TO YOU, GIFTY ALSO RESERVES THE RIGHT, WITHOUT LIABILITY, TO VOID OR CANCEL TICKETS OR CASH STORED IN YOUR GIFTY BANK OR WALLET IF YOUR GIFTY ACCOUNT IS INACTIVE FOR 6 MONTHS. BY ACCEPTING THESE TERMS, YOU AGREE THAT GIFTY REPRESENTATIVES (AS DEFINED BELOW) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST ANY LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING YOURSELF) OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR INACTIVITY ON THE SERVICE OR ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PAYMENTS FROM GIFTY.
When you install any GIFTY Apps from a third party app store, your use of such GIFTY App may be governed by usage rules established by the app store provider which relate to your usage of each GIFTY App (the “Usage Rules”) in addition to these Terms of Use. You represent and warrant that you are not prohibited by any applicable laws or Usage Rules from downloading and using any GIFTY Apps. By downloading, installing and using any GIFTY Apps, you acknowledge and agree that these Terms of Use are between you and GIFTY, and not with the app store provider, and that the app store provider: (a) is not liable to you in any way whatsoever in relation to any GIFTY Apps, including but limited to the distribution, use, performance or non-performance of any such GIFTY App; (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to any GIFTY Apps; (c) is not responsible for addressing any claims you may have relating to any GIFTY Apps or your use of any such GIFTY App, including but not limited to, product liability claims, any claim that the applicable GIFTY App failed to conform to any applicable legal or regulatory environment, and claims arising under consumer protection or similar legislation; (d) is not responsible for the investigation, defence, settlement or discharge of any third party claims that any GIFTY Apps or your possession of any such GIFTY App infringes that third party's intellectual property rights; and (e) is a third party beneficiary to these Terms of Use solely in respect of this paragraph, and will have the right to enforce these Terms of Use against you as a third party beneficiary hereof. By using any GIFTY Apps, you 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.
We reserve the right (but have no obligation) to review any content that you upload or share through the Service. We may remove any content that violates the Code of Conduct.
If you breach any provision of these Terms of Use or the Code of Conduct, then you may no longer use this Service. We, in our sole discretion, shall determine whether these Terms of Use or the Code of Conduct have been violated. You agree that we may, in our sole discretion, terminate or suspend your GIFTY Account with or without notice.
Upon termination or suspension of your use, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that you shall immediately deactivate or uninstall the applicable GIFTY App and all related information and files on your device and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Content or the Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or the Postings, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service, the Content or the Postings from locations where the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content or Postings obtained from or through the services contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE (INCLUDING WITHOUT LIMITATION THE CONTENT AND THE POSTINGS) IS PROVIDED ON AN “AS IS” BASIS AND THAT ANY USE OF OR RELIANCE ON THIS SERVICE SHALL BE AT YOUR SOLE RISK. WE DO NOT SCREEN OR CENSOR THE POSTINGS.
GIFTY AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT OR POSTINGS). FOR GREATER CERTAINTY, GIFTY DOES NOT WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, (vi) BE ERROR-FREE OR (VII) BE FREE OF VIRUSES, WORMS, DISABLING PROGRAMMING CODES, INSTRUCTIONS OR OTHER SUCH ITEMS KNOWN AT THE TIME OF DELIVERY THAT MAY THREATEN, INFECT, DAMAGE, DISABLE OR OTHERWISE INTERFERE WITH THE SERVICE.
YOU AGREE THAT IN NO EVENT WILL GIFTY AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “GIFTY REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT AND THE POSTINGS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, DAMAGE TO EQUIPMENT, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE CONTENT OR THE POSTINGS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY GIFTY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT GIFTY ACTS AS TRUSTEE FOR THE GIFTY REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A GIFTY REPRESENTATIVE. GIFTY AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH GIFTY REPRESENTATIVE.
You agree to indemnify and hold the GIFTY Representatives harmless, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Service or anyone using any GIFTY Apps through your GIFTY Account, or any alleged violation by you, or anyone using any GIFTY Apps through your GIFTY Account, of these Terms of Use, including, without limitation, the Code of Conduct or any use of the Content other than as expressly authorized in these Terms of Use.
In particular, you agree to indemnify GIFTY Representatives, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information your obtain through the Service.
Any personal information which GIFTY collects via this Service or indirectly via third party service provider is subject to the Privacy Statement available here
When you interact with this Service, you agree that information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
Further, GIFTY reserves the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use, including, without limitation, by checking the date of “Last Updated” at the top of this document. Continued use of the Service after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Service constituting consideration from GIFTY to you for so being bound. Your only right with respect to any dissatisfaction with these Terms of Use, any policy or practice of ours in operating the Service is to cease using the Service.
In these Terms of Use, “Postings” refer to the text, images, comments, or other information posted by a you through this Service.
Certain links on this Service or in Postings made or shared through this Service may take you to other web sites that are not owned or operated by GIFTY. GIFTY provides these links only as a convenience. GIFTY is not responsible for the content of any such linked web sites. GIFTY makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that GIFTY or any GIFTY Apps are endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and GIFTY or any GIFTY Apps without the prior written consent of GIFTY; (d) misrepresent the relationship of you or any other person with GIFTY or any GIFTY Apps or present false, misleading or otherwise damaging information or impressions about GIFTY or any GIFTY Apps or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
We may allow for certain functionality that interacts with social media platforms, including but not limited to, Facebook, Twitter, Instagram and LinkedIn that enable online sharing and collaboration among users who have registered to use them. Any use of such social media platforms including, postings that you make, or personal information that you make available on any such social media platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such terms and policies.
You acknowledge and agree that in no event will GIFTY provide any form of remuneration for any links you may make to this Service.
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
Subject to any applicable law and the requirements of our Privacy Statement:
We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of GIFTY and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
We are not obliged to monitor, screen, police or edit your use of this Service, including any Postings or other content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that constitute copyright infringement.
Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use will be unlawful, void, or for any reason unenforceable, then such provision will be severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form will be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only commence an action or application as an individual. You agree that you will not file a class action, or participate in a class action.
These Terms of Use constitute the entire agreement between you and GIFTY with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. Notwithstanding the foregoing, if you and GIFTY agree to a written agreement and such agreement expressly overrides these Terms of Use, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms of Use will be binding unless it is in writing and signed by GIFTY. You and GIFTY are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use.
The provisions of these Terms of Use will enure to the benefit of and be binding upon you and GIFTY and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms of Use and our respective rights and obligations under these Terms of Use without your consent. In these Terms of Use the word “including” or “includes” or any variation thereof means including, without limitation and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at support@gity-rewards.web.app. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership.
By agreeing to these Terms of Use you consent and agree to GIFTY sending you account-based information and alerts regarding your account by email and/or push notifications on your mobile device on a periodic basis. In addition, or in the alternative, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
If you have any questions or comments regarding these Terms of Use please contact us at support@gity-rewards.web.app.