Description of this Document
Before proceeding You must agree to the Terms of Service (“Terms”). By signing up for, accessing or using the Gift of Local website (“Giftoflocal.com”) You agree to comply with and be bound by these Terms. If You do not want to be bound by this Agreement, do not use Gift of Local’s Services.
This Agreement describes the legal relationship between Gift of Local and You. The Terms constitute a legally binding contract between Gift of Local and You: You agree to follow its terms, and Gift of Local agrees to provide You with its Services. Please read these Terms of Service carefully as they contain important information about Your legal rights, remedies and obligations as well as Gift of Local’s rights and obligations.
This Agreement describes Your specific rights, and imposes certain obligations on You; similarly, it gives Gift of Local certain rights, and imposes obligations on Gift of Local . It also sets out the limits of Gift of Local’s obligations to You.
By signing up for a Gift of Local Membership and/or using Gift of Local’s Services, You agree to be bound by the terms of this Agreement; when You use Gift of Local’s Services, You agree to use them in accordance with the terms of this Agreement. If You do not want to be bound by this Agreement, do not sign up for a Gift of Local Membership, and/or do not use Gift of Local’s Services.
What the Terms of Service Includes
The Gift of Local Terms of Service is made up of these Terms and any other agreements applicable to Your particular use of the Gift of Local platform to which You will be alerted at the time of Your selection of such services. Each of those documents is part of this Agreement, and when You agree to be bound by this Agreement, You agree to be bound by the terms of each of t Gift of Local hose documents as well.
’s collection and use of personal information in connection with Your access to and use of the Gift of Local website is described in Our Privacy Policy.
All the documents that make up the Gift of Local Terms of Service, as well as the Gift of Local Privacy Policy, the Gift of Local website Terms of Use, and any other important policies are Gift of Local available at [insert website link].
These documents constitute the entire agreement between Gift of Local and You, and supersede and prevail over any previous negotiations or discussions, collateral agreement, additional terms and conditions, or separate understanding, whether reduced to writing or otherwise, whether made before or after the date of this Agreement.
A finding that any part of this Agreement is void, invalid, or unenforceable does not affect the validity or enforceability of the remainder of the Agreement.
If at any time You no longer wish to be bound by this Agreement, You may deactivate Your Membership at Gift of Local and/or cease using the Gift of Local Services. After You deactivate Your Membership and/or cease using the Gift of Local Services, You may still be bound by certain parts of this Agreement, and Gift of Local may retain some rights under this Agreement.
Definitions
In order to make the meaning of the Agreement clear, certain words are given precise meaning. When those words are used in the Agreement, they will be written with an uppercase first letter. The possessive, plural, and other related forms of words with listed definitions take their meaning from the listed definition.
Modification
Gift of Local may modify the terms of this Agreement at any time, without giving You any notice, by posting the modified Agreement at http://www.giftof.co. Gift of Local will attempt to provide You with notice of major changes to the Agreement by e-mail, but You will be bound by the modified Agreement regardless of whether or not You receive notice of the modifications. You should regularly check this page for the most recent version of the Agreement.
No modification or amendment of this Agreement is valid unless and until it is posted at http://www.giftof.co.
If at any time You no longer wish to be bound by this Agreement, You may deactivate Your Membership at http://www.giftof.co. and/or stop using Gift of Local’s Services. After You deactivate Your Membership, You may still be bound by certain parts of this Agreement, and Gift of Local may retain some rights under this Agreement.
Notification
When You sign up for Your Membership and/or make purchases through the Gift of Local website, You will be asked to provide Gift of Local with contact information, including Your name and email address. If Your contact information changes, You must notify of Your updated contact information by updating Your profile on Gift of Local’s website. If Gift of Local is required to provide You with any notification, or needs to contact You for any reason, Gift of Local will do so at the contact information You have provided. You will be deemed to have received any notification, communication, or document Gift of Local sends to the contact information You have provided.
Gift of Local Contact Information
Gift of Local may be contacted at http://www.giftof.co.
Description of Gift of Local Services
Gift of Local is an online platform in the form of a marketplace that enables registered members to sell gift cards for their services on the Gift of Local Platform, to communicate and transact directly with registered users that are seeking to buy or consume such products and/or services. It is important to note, however, that Gift of Local is not part of the transaction as the transaction is between the vendor and the customer. By shopping on the Gift of Local Platform, You understand that:
1 You are not buying directly from Gift of Local , but from one of the many vendors on Gift of Local;
2 Gift of Local does not pre-screen vendors and therefore does not guarantee or endorse any items sold on Gift of Local or any content posted by vendors (such as photographs or language used in listings or shop policies);
3 Each vendor on Gift of Local is exclusively responsible for honouring any gift cards purchased through Gift of Local. Gift of Local has no responsibility for the conduct of its Members’ businesses; and
4 The transaction is between the vendor and the customer whereas Gift of Local merely facilitates this transaction.
As a vendor on Gift of Local, one can:
– Post profiles which will be searchable by other members;
– Have one’s gift cards for products and/or services appear on one’s vendor profile as clickable items that can be added to a shopping cart;
– Receive, bi-monthly reports on gift card sales through ; and
– Participate in the community forum where members communicate about issues important to them whether they be improvements to Our application or anything Gift of Local else relevant to this application and their experiences.
As a customer on Gift of Local , one can:
– Search for gift cards for products and services;
– Add said gift cards to a shopping cart;
– Checkout using major credit cards; and
– Participate in the community forum where members communicate about issues important to them whether they be improvements to Gift of Local application or anything else relevant to Gift of Local Application or customer experience.
Technical requirements
Gift of Local may be accessed through its website at ShopeEatPlay.ca. In order to access the Gift of Local website, You will require a computer or device that is connected to the Internet with a web browser (Chrome, FireFox, Edge or Safari) running the most up-to-date version.
Eligibility
In order to use Gift of Local Services You must have the legal capacity to enter into a contract, and, in particular, You must be eighteen (18) years of age or older.
By using Gift of Local Services, You expressly warrant that You meet Gift of Local eligibility criteria. If Gift of Local, at its sole discretion, determines that You do not meet its eligibility requirements, it may terminate Your Membership, delete or cease to display Your profile, listings, and other content, and deny You access to its Services.
Gift of Local reserves the sole and absolute discretion to determine eligibility, and the criteria it uses to determine eligibility.
Registration and verification
In order to complete a sale transaction on Gift of Local Services, a Vendor must register with Gift of Local as a Member, and verify its identity. In order to complete a purchase on Gift of
Local Services a user must provide ShopEatPlay with email and phone information about Yourself, and how You can be contacted.
Although Gift of Local takes steps to verify the identity of Our Members, We cannot and do not guarantee the accuracy of the information provided by Our verification partner, nor can We guarantee that Our verification partner or their procedures will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You may not transfer or assign Your Membership to any other person. You may not share Your Membership with any other person, and You may not provide any other person with access to Your Account. Whilst we recommend You to not share Your Membership credentials, there may be times when You feel that sharing Your credentials is necessary with any business partners or employees. If You do share Your credentials with anyone, You do so at Your own risk. We are not responsible for any damages that occur due to sharing your credentials.
You must maintain the security of Your Account, and, in particular, You must protect the security and confidentiality of any password or other login credentials used to access Your Account. You must notify Gift of Local immediately if You believe Your Account, or Your password or other login credentials have been in any way compromised.
Reserved rights
Gift of Local reserves the right to terminate any Member’s Membership at any time, without advanced notice, for any reason, at Our sole discretion. This decision is not subject to review or appeal.
Term
This Agreement continues until either You or Gift of Local terminate the Agreement.
For greater clarity, Your Membership ends when this Agreement ends, and this Agreement ends when Your Membership ends.
Termination
Gift of Local can terminate this Agreement at any time, for any reason, at its sole discretion, by sending notice to the e-mail address You have provided as contact information. This decision is not subject to review or appeal.
Suspension etc.
Gift of Local may, at its sole discretion, suspend, disable, limit the functionality of, or otherwise modify the features of Your Account for any reason, without notice, for a fixed length of time or an indefinite period. Such action is not subject to review or appeal.
Accuracy of information
All the information or descriptions that You provide to Us must be accurate. If You become aware of an inaccuracy, mistake, error, or omission in any information or description that You have provided, or if information or descriptions that You have provided change in any material way, You are under an ongoing obligation to immediately correct the inaccurate or incomplete information or description. If We become aware that You have deliberately or negligently provided Us with inaccurate information or description, We may immediately terminate Your Membership.
You specifically warrant and represent that all information and descriptions that You provide to are complete Gift of Local and accurate.
Fees
Use of Gift of Local Services is free to all customers apart from the charge of $0.99 at the time of your initial purchase.
Payments
The Payment Facilitator used by Gift of Local is Square. In order to use , You must Gift of Local agree and comply with Square’s rules and policies: (https://www.paypal.com/ca/webapps/mpp/ua/legalhub-full?locale.x=en_CA)
Refunds. All payment modifications, cancellations and refunds must abide by the vendor’s own policies. If a vendor’s policies provide for the making of refunds, refunds will be given by the vendor
Taxes. In acting as a vendor, You are solely responsible for determining Your obligations to report, collect, remit or include in Your Listing Fees any applicable HST, GST, GST + QST, GST + PST or other indirect sales taxes, other taxes or income taxes.
Content standards
You agree not to submit content that is deceptive, fraudulent, false, or otherwise misleading; is defamatory, libelous, obscene, pornographic, in any way illegal, or in any way objectionable; promotes or is intended to promote or incite hatred or violence, against any group distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability; is violent or threatens violence against any individual or individuals; contains intimate, secret, or private depictions of a person without their consent; promotes dangerous or illegal activities; or is otherwise contrary to this Agreement, or any other Gift of Local policy.
Gift of Local reserves the right to remove any User Content at any time, for any reason, at its sole discretion.
Gift of Local’s Intellectual Property
Gift of Local Services, and Platform, (including any websites, apps or web services through which provides its Gift of Local Services), including all text, images, videos, sound recordings, multimedia content, design elements, scripts, programs, software, other information, and any other content or works in which intellectual property rights may inhere is the property of Gift of Local or Our licensors. Gift of Local and Our licensors reserve all intellectual property rights, including but not limited to all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
Nothing in this Agreement grants You any rights to any intellectual property belonging to Gift of Local or Our licensors other than as necessary to use Gift of Local Services. You agree not to adjust, circumvent, or delete any intellectual property notices displayed by ’s Platform Gift of Local or Services, and in particular in any digital rights or other security technology embedded or contained within Gift of Local’’s Platform or Services.
All related names, logos, product and service names, designs and slogans are trademarks of Gift of Local or its affiliates or licensors. You must not use such marks without the prior written permission of Gift of Local. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.
Dispute Resolution and Arbitration
Disputes Between Members
In the event of a dispute between two Members about an issue related to or arising out of their use of Gift of Local , its Platform, or its Services, the Members agree to notify Gift of Local, and work in good faith with Gift of Local and any other Members involved in the dispute to resolve it in a fair, equitable, and speedy manner. In any event, You hold harmless and Gift of Local release Gift of Local, its affiliates, subsidiaries, and their officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential) of any kind arising out of or in any way connected to such a dispute between members, including any claims, demands, or damages arising out of or in any way connected to Gift of Local good-faith attempts to assist the Members in resolving a dispute.
Nothing in this section prevents any Member from commencing an action in the Superior Court of Justice.
Disputes with Gift of Local
In the event that You believe You have a dispute with Gift of Local, You are encouraged to contact Gift of Local so that We can work with You in good faith to resolve the dispute in a fair, equitable, and speedy manner.
In the event that You and Gift of Local are unable to come to a mutually acceptable resolution to a dispute relating to the application, interpretation, implementation, or validity of this agreement, the dispute will be resolved by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules where the costs are shared between You and Gift of Local 50/50. You and a Gift of Local agree that the Canadian Arbitration Association Expedited Arbitration Rules provide a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in the city of Hamilton in the province of Ontario and shall proceed in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17. The decision of the Arbitrator will be binding on the parties. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Nothing in this section prevents any Member from commencing an action in the Superior Court of Justice.
Applicable Law
This Agreement, and any dispute arising out of or in any way connected to this Agreement or Your use of Gift of Local s Platform or Services, is subject to the laws of the Province of Ontario, and the laws of Canada applicable therein.
Vendors represent and warrant that any listing You post and the customer’s purchase of Your Products or Services will comply with all applicable laws (such as food safety laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a vendor, You are responsible for Your own acts and omissions and are also responsible for the acts and omissions of any individuals who are employed by or otherwise act on behalf of the vendor at Your request or invitation, excluding the customer.
Disclaimer
If You choose to use ’ Gift of Local s Platform or Services, You do so voluntarily and at Your sole risk. Gift of Local s Platform and Services are provided “as is”, without warranty of any kind, either express or implied, except as required by applicable law.
You agree that You have had whatever opportunity You deem necessary to investigate Gift of Local’s Services, laws, rules, or regulations that may be applicable to Your use of Gift of Local’s Services and that You are not relying upon any statement of law or fact made by relating to Our Gift of Local Services, and in particular, to any piece of Equipment.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Liability and Indemnification
You agree to release, defend (at Gift of Local’s option), indemnify, and hold and i Gift of Local ts affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement or any Gift of Local policy, (ii) Your improper use of Gift of Local’s Platform or Services, (iii) Your interaction with any Member, and (iv) Your breach of any laws, regulations or third party rights.
