Terms of Service

Last Updated: January 1, 2024

1. Acceptance of Terms

Welcome to GiftLian.org. These Terms of Service ("Terms") govern your access to and use of our website giftlian.org (the "Site"), operated by GiftLian Information Services Inc. ("we," "us," or "our").

By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.

2. Description of Service

GiftLian.org is an educational and informational website that provides content about gift cards, including:

• Information about various gift card brands and retailers
• Guides on how to purchase, use, and protect gift cards
• Safety tips and scam prevention information
• News and updates about gift card policies and practices

Important: We do not sell gift cards, process payments, or facilitate any transactions. We are strictly an informational resource. Any transactions you make with gift card retailers are directly between you and those retailers.

3. Eligibility

You must be at least 13 years old to use this Site. If you are under 18, you must have your parent or guardian's permission to use the Site. By using the Site, you represent and warrant that you meet these eligibility requirements.

4. Intellectual Property Rights

All content on this Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of GiftLian Information Services Inc. or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

4.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may:

• View and read the content on the Site
• Print or download individual pages for personal reference
• Share links to our content on social media or via email

4.2 Restrictions

You may not:

• Modify, copy, distribute, transmit, display, reproduce, publish, or create derivative works from any content on the Site
• Use the Site or its content for commercial purposes without our written permission
• Remove any copyright, trademark, or other proprietary notices from content
• Use automated systems (robots, spiders, scrapers) to access the Site
• Frame or mirror any part of the Site without our written permission
• Reverse engineer any aspect of the Site

5. User Conduct

When using our Site, you agree to:

• Comply with all applicable laws and regulations
• Not use the Site for any unlawful or prohibited purpose
• Not interfere with or disrupt the Site or servers
• Not attempt to gain unauthorized access to any part of the Site
• Not transmit viruses, malware, or other harmful code
• Not impersonate any person or entity
• Not harass, threaten, or harm others
• Not collect or harvest personal information about other users

6. User Submissions

If you submit any content to us (e.g., through contact forms, feedback forms, or comments), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, and distribute such content for any purpose related to operating and improving the Site.

You represent and warrant that:

• You own or have the right to submit the content
• The content does not violate any third-party rights
• The content is accurate and not misleading
• The content does not contain harmful or illegal material

7. Third-Party Links and Content

Our Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We are not responsible for any transactions you enter into with third parties, including gift card retailers. Your interactions with third parties are solely between you and such third parties.

8. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Site will be uninterrupted, secure, or error-free
• The information on the Site is accurate, complete, or current
• Defects will be corrected
• The Site is free of viruses or harmful components

You use the Site at your own risk. Any content downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIFTLIAN INFORMATION SERVICES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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 Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CAD).

10. Indemnification

You agree to indemnify, defend, and hold harmless GiftLian Information Services Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Site
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content you submit to the Site

11. Information Accuracy

We strive to provide accurate and up-to-date information on our Site. However, we make no representations or warranties regarding the accuracy, completeness, or timeliness of any information on the Site.

Gift card policies, terms, and availability are subject to change by the respective retailers. We are not responsible for changes made by retailers or for any discrepancies between information on our Site and information provided by retailers.

Always verify current information directly with the gift card retailer or issuer before making any decisions or transactions.

12. No Affiliation

GiftLian.org is an independent information resource and is not affiliated with, endorsed by, or sponsored by any gift card issuer, retailer, or brand mentioned on the Site. All brand names, trademarks, and logos are the property of their respective owners and are used on our Site for informational and educational purposes only.

13. Governing Law and Jurisdiction

These Terms 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 conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the courts located in Toronto, Ontario, Canada. You irrevocably consent and submit to the exclusive jurisdiction of such courts.

14. Dispute Resolution

If you have any disputes with us, you agree to first contact us and attempt to resolve the dispute informally by contacting us at [email protected].

If the dispute cannot be resolved through informal negotiation, you agree that the dispute shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario), or through the courts of Ontario as described in Section 13.

15. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the new Terms on this page with an updated "Last Updated" date.

Your continued use of the Site after any changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Site.

16. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the extent necessary to make it valid and enforceable while preserving its intent.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

19. Entire Agreement

These Terms, together with our Privacy Policy, Disclaimer, and Cookie Policy, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior agreements and understandings.

20. Contact Information

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

Email: [email protected]
Phone: +1 (416) 900-5678
Fax: +1 (416) 900-5679
Mail:
GiftLian Information Services Inc.
Legal Department
1200 Bay Street, Suite 800
Toronto, ON M5R 2A5
Canada

By using GiftLian.org, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.