March 2025
Please read these Terms and Conditions (the “Terms and Conditions” or “Agreement”) carefully. This Agreement affects your rights.
Giiftii Systems Inc. (the “Company” or “we”) provides an elevated gifting experience by providing users with personalized gift recommendations, access to gift guides, ability to create wish lists and sharing of information related to gifting (collectively herein the “Services”).
The following Agreement constitutes a legally binding agreement between the Company and any individual who visits, browses, uses, creates an account or otherwise interacts with the website found at giiftii.com, or one of its affiliated applications or URLs (collectively, the “Website”). Please review the following terms carefully. Your access or use of the Website indicates that you have read, understand, and agree to be bound by these Terms and Conditions, including the Privacy Policy, which is incorporated in this Agreement by reference.
If you do not agree to these Terms and Conditions, then you have no right to access or use the Website, the Services or any content contained on it.
We may update these Terms and Conditions from time to time, including by adding entirely new terms and deleting existing terms. It is your responsibility to check the Website from time to time to view any such changes in the Agreement.
If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your continued use of the Website after the effective date of such changes constitutes your acceptance of such changes. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease accessing the Website and using the Services.
You may need to create an account on the Website to use some of our Services. Here are a few rules about the accounts:
You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the Website or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online.
Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. If we have reason to believe that your account information is untrue, inaccurate, out-of-date, or incomplete, we reserve the right, in its sole and absolute discretion, to suspend or terminate your account.
Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms and Conditions.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms and Conditions on behalf of the business. Accounts are generally not transferable.
Protect your password. Since you are solely responsible for any activity on your account, so it’s important to keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. The Company is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your number/login, password or account.
Our relationship. These Terms and Conditions do NOT create any agency, partnership, joint venture, employment, or franchisee relationship between you and the Company.
3. YOUR USE OF OUR SERVICES
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and Conditions and the following restrictions in particular:
Without limiting anything in these Terms and Conditions, your permission to access and use the Website is conditioned on your agreement that you will not use the Website or any of its content for any commercial purpose and/or use the Website for any unlawful purpose or for the promotion of illegal activities.
You acknowledge that any violations of the provisions of this Section are subject to injunctive relief and you agree to personal liability on behalf of all participants to the violations regardless of entity affiliation, for all related attorney fees, and legal costs.
Content that you post or link to using our Services is your content (herein “Your Content”). We don’t make any claim to it, which includes anything you post using our Services, including things like profile pictures, comments and usernames.
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content. By posting Your Content through our Services, you grant the Company and third parties which are authorised by the Company in its sole discretion, a licence to use Your Content. We don’t claim any ownership to Your Content, but we have your permission to use it to help the Company operate and grow.
Rights You Grant. By posting Your Content, you grant the Company and third parties authorised by it, in its sole discretion, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote the Company and/or the Services in general, in any formats and through any channels, including across any Services, our partners, or any third-party Website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
Reporting Unauthorised Content. The Company has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at hello@giiftii.com. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms and Conditions. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. MONITORING AND ACCOUNT TERMINATION
We do not pre-screen User Content or accounts. While we are not obligated to do so, we reserve the right to monitor the Website and review and/or edit User Content for the purpose of operating the Website, enforcing these Terms and Conditions, or complying with legal requirements or court orders.
We may remove User Content at any time, with or without cause or notice. Additionally, we reserve the right to suspend or terminate your account or access to the Website at any time, with or without cause or notice. If your account is terminated or suspended, you may not create a new account or attempt to access the Website without prior written permission from the Company.
You may terminate your account at any time from your account settings. Terminating your account may not affect the availability of some of the content that you posted through the Services prior to termination.
The Company reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in our policies under these Terms and Conditions. We may terminate or suspend your account (and any accounts we determine are related to your account) and your access to the Services should we have reason to believe you, Your Content, or your use of the Services violate our Terms and Conditions. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services.
Suspension or termination of your account or access to the Website does not affect your ongoing obligations under these Terms and Conditions, including but not limited to ownership rights, indemnification, and limitation of liability, which will survive such suspension or termination.
If you or the Company terminate your account, you may lose any information associated with your account, including Your Content.
As part of the Services, we may provide links to third-party Websites, platforms, and applications (collectively “Third Party Websites”), and/or allow you to post content originating from Third Party Websites.
We are not responsible for and does not control any Third Party Websites, including their promotions, materials, information, goods, or services. These Websites are not monitored or verified for accuracy, appropriateness, or completeness by the Company, and their inclusion on the Website does not imply endorsement by us. Links to Third Party Websites are provided “as is” and may be changed or removed at any time.
If you choose to visit any Third Party Websites, we recommend reviewing their terms, policies, and privacy practices.
We assume no liability for any User Content or Third Party Websites posted or accessed through the Website. The Company will not be responsible for any loss or damage resulting from reliance on content linked to or posted on the Website.
Some links from the Website to third party ecommerce websites are monetized by third party services. The Company gets “credit” for its part in helping match the buyer with the right product, service or experience from the right seller for the gift recipient. This monetization is automatic and transparent and does not affect the item price.
Some links on the Website may lead to Third Party Websites, including e-commerce Websites. These links may be monetized earning the Company a commission for assisting in matching buyers with products, services, or experiences on the Third Party Websites. This monetization is automatic, transparent, and does not affect the price of the items.
The Company participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for Websites to earn advertising fees by linking to Amazon.com, Amazon.ca and affiliated Websites. When you click on certain links to Amazon products and make a purchase, the Company may earn a commission at no additional cost to you. This helps support the operation of the Website.
CERTAIN CONTENT THAT APPEARS ON THIS WEBSITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
All right, title and interest in the Services and any original content (excluding User Content), features and functionalities published and/or available on the Website belong to the Company or its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Company.
The Service and Website are protected by copyright, trademark, and other laws of both the Canada and foreign countries. Additionally, we shall maintain all right, title and interest in the “Giiftii” mark, the Giiftii logo, and any other marks, service marks, trademarks or logos of Giiftii and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not the Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or implies a partnership, sponsorship, or endorsement by the Company. You shall not by any means bid on any keywords with any search engine containing “Giiftii,” or any other Company Mark including, without limitation, Giiftii.com. You shall not mention or use “Giiftii” in any ad text, extensions or banner ads without the express written consent of the Company. All other trademarks not owned by the Company that are used in the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company.
By creating an account, you agree to receive communications and notices by electronic mail. Our communications may be account and membership related. If you consent to receive marketing emails, we may send you periodic gifting-related emails that highlight upcoming occasions, special promotions, and notifications about your connections on our Services. We may communicate with you regarding the Services by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you create an account. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.
You understand that the Company does not manufacture, store, or inspect any of the goods, services and experiences sold or linked via our Services. We provide Services which include marketing of goods, services and experiences of independent merchants, which are sold directly by such merchants. As such the Company can’t and does not make any warranties about the quality, safety, authenticity, or the legality of the goods, services or experiences sold or linked via the Services. Any legal claim related to a good, service or experience you purchase must be brought directly against the relevant merchant. You release the Company from any claims related to goods, services and experiences sold or linked via our Services, including for defective goods, services or experiences, misrepresentations by merchants, or goods, services and experiences that caused physical injury, including product liability and personal injury claims.
Content You Access. While using our Services you may come across materials on the Website or via a link on the Website that you find offensive or inappropriate. We make no representations concerning any content posted by users through the Services. The Company is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. In some instances, you may use the Services to interact with other individuals. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release the Company from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others.
Third-Party Services. Our Services may contain links to third-party Websites, services or applications that we don’t own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own Terms and Conditions. The Company is not a party to those agreements; they are solely between you and the third party.
Promotions. The Company special offers or promotions are managed by the Company in its sole discretion and redemption of and participation in such offers or promotions are subject to its sole discretion. The Company is not responsible for special offers or promotions provided by any third party, including any merchant or advertiser.
THE COMPANY IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS.
WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE SERVICES, INCLUDING, WE DO NOT GUARANTEE: (I) THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF ANY GIFT RECOMMENDATION AND/OR SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY SERVICES; (II) THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (V) THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100). THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
If you have a dispute with another user(s), or with a Third Party Website you accessed via our Website, we encourage you to contact the other party and try to resolve the dispute amicably. You release the Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In the event the Company gets sued or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you will defend, reimburse, compensate, indemnify and hold the Company (as well as its officers, directors, employees, successors, agents and affiliates) harmless for any and all claims, damages, losses and causes of action, (including attorneys’ fees and court costs) that arise from your actions, your use and/or misuse of our Services, your breach of the Terms and Conditions, items you buy and/or link to through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
In the event of a dispute between you and the Company which we are not able to resolve in good faith, then you and the Company agree to submit the dispute exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury.
The arbitration will be conducted in the English language by a single arbitrator and be subject exclusively to Canadian federal laws and Ontario laws, as the case may be. The arbitration will be conducted as a documents-only arbitration.
Entire Agreement. The Terms and Conditions, including all of the policies that make up the Terms and Conditions, supersede any other agreement between you and the Company regarding the Services.
Choice of Law and Venue. The validity, construction and interpretation of this Agreement and the relationship between you and the Company, including the rights and duties of the parties, will be governed by the laws of the province of Ontario and the laws of Canada applicable therein, without regard to any principles of conflicts of laws that would require the application of the laws of another jurisdiction. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in the courts of the Ontario, Canada.
Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
Waiver and Severability. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You agree that any cause of action related to or arising out of your relationship with the Company must commence within SIX MONTHS after the cause of action accrues. Otherwise, such cause of action is permanently barred. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.
Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. The Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.
Survival. The Terms and Conditions will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Legal Notice. Where notice to the Company is required by any law or regulation, notice may only be addressed to:
Giiftii Systems Inc.
3300 Bloor Street West
Suite 670, West Tower
Toronto, Ontario, M8X 2X2
Communications made through any Website e-mail or messaging systems, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation.
Contact Information. If you have any questions about the Terms and Conditions, please email us at hello@giiftii.com.
