Privacy Policy and Terms of Use Agreement

Privacy Policy

Effective Date: This Privacy Policy Agreement was last updated on January 25, 2020.

 

This Privacy Policy constitutes a binding legal agreement between you and Giftr, a service of Year Zero Corporation, governing your access to and use of the website located at https://www.giftr.gift/ and the purchasing and browsing features available therein (the “Site”). This Privacy Policy describes the personal information that we may collect from you when you access or use the Site, and how we may use that information. By accessing and using the Site by any means (PC, mobile or other device), you consent to our collection and use of your personal information as specified in this Privacy Policy.

 

Please read this Privacy Policy carefully. By accessing and using the Site, you acknowledge and agree that you have read, understood and agree to be bound by this Privacy Policy. If you do not agree to be bound by this Privacy Policy, you should immediately cease all use of the Site.

1. What information is collected by Giftr and how is it used?

Giftr is committed to protecting the privacy of personal information to the extent possible, subject to applicable state and federal law. Other than as required by laws that guarantee public access to certain types of information, or in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. In particular, we do not distribute or sell personal information collected on our web servers.

 

We do not collect any protected information and we are committed to protecting your personal privacy. When you purchase a gift, we collect and store your contact info and billing information. When you select a gift, we collect and store your contact info and shipping address. We save these responses in order to process your order and send your gift. We may use your shipping address to help us understand where gifts are being sent so that local businesses in the area can be identified.

2. Does the Site use cookies, clear GIFs or log files?

Our Site does not use clear GIFs (also known as ‘pixel tags’ or ‘web beacons’). We do use cookies to improve your browsing experience and enable certain features or functionality.

 

We also measure statistics about visitors to the Site and their usage (e.g., where they came from, what pages they visit and what browser they are using). Knowing how our Site is being used means we can improve our users’ experience in the future. We do not use cookies for advertising purposes or pass user data to any other organization.

 

We do not collect information about our users through log files. The company to which we outsource our web hosting function may collect the domains previously viewed by our visitors, but Giftr does not obtain or share this information with any other entity.

3. What security protections are in place on the Site?

Our Site is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

4. What policies apply to links out to third-party websites?

Occasionally, at our discretion, we may include, offer or link to third-party products or services on our Site. These third-party websites may have separate and independent privacy policies. We therefore have no responsibility or liability for the content, activities and data collection and use practices of these linked websites. We encourage you to carefully review the privacy policies of the websites you visit.

5. How can I contact Giftr with questions or comments about privacy issues?

If you have any questions or comments about this Privacy Policy, please contact us via e-mail at hello@giftr.gift.

6. Children’s Privacy

The Site is designed to provide services for adults. The Site is not designed to attract minors, in particular children under the age of 13. Giftr does not market to or knowingly collect information from anyone under the age of 13. Children should always receive permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.

7. Changes to our Privacy Policy

We reserve the right, at any time, to revise, amend, modify or delete portions of this Privacy Policy without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes your acknowledgement and acceptance of this Privacy Policy and its revisions, amendments, modifications or deletions.

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website

Effective date: This Terms of Use Agreement was last updated on January 25, 2020.

 

This Terms of Use Agreement (this “Agreement”) constitutes a binding legal agreement between you and Giftr, a service of Year Zero Corporation , governing your access to and use of the website and Content (as defined below) located at https://www.giftr.gift/ (the “Site”).

Please read this Agreement carefully. By accessing and using the Site, you acknowledge and agree that you have read, understood and agree to be bound by this Agreement without limitation or qualification and that you shall comply with all applicable laws, rules and regulations. If you do not agree to be bound by this Agreement, you should immediately cease all usage of the Site.

1. Description of the Site

Giftr provides a selection of gifts from small or local businesses and allows a user (“gifter”) to purchase and send a gift to someone by providing the name and email address of the recipient. The recipient then selects which gift they would like to receive and submits their shipping address.

 

Giftr and its affiliates and its and their employees, consultants and agents shall not be liable for any claims or damages, and expressly disclaim all liability, loss, or risk of any nature as a consequence, directly or indirectly, from the purchase of use of these gifts.

The gifts on the Site are not intended to be purchased by, and should not be sent to, individuals under 13 years of age without parental consent. If you are under 13 years of age and wish to purchase a gift, you should talk with a parent or guardian prior to purchase. If you are under 13 years of age and have received a gift, you should talk with a parent or guardian prior to selecting a gift.

2. Accessing and Using the Site; Restrictions on Use

Subject to your ongoing compliance with this Agreement, Giftr hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Site solely for your personal, non-commercial and lawful purposes.

 

Your use of the Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Site or its Content. You shall comply with this Agreement and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Site; (ii) delete the copyright or other proprietary rights notices from the Site or any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the Content or other protections enabled on the Site; (iv) use any robot, spider, scraper or other automated means to access the Site; (v) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (vi) insert any code or product or manipulate the Site in any way; (vii) use any data mining, data gathering or extraction method; (viii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (ix) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; or (x) use or encourage the use of the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

 

Giftr shall have the right to alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which Giftr shall not assume any liability.

 

Further, Giftr does not grant you permission, by implication, estoppel or otherwise, to state or suggest that Giftr promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.

3. Privacy and Data Protection

The Giftr Privacy Policy, which is available on our Site, governs any information you submit via the Site and is incorporated by reference into this Agreement. All other policies posted by Giftr are also incorporated into this Agreement by reference. Each reference to this Agreement herein includes reference to the Privacy Policy and all other policies posted on the Site. You shall comply with these policies when accessing or using the Site.

4. Your Account

Giftr may make certain services available to you that enable or may require you to register an account (an “Account”). Registering an Account requires you to provide Giftr with information about yourself. When you register an Account, you shall provide true, accurate and complete information. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. By registering for an Account, you confirm that you are 13 years or older. Giftr reserves the right, in its sole discretion, to suspend or terminate your Account at any time for any reason.

 

You agree to maintain control over your Account and to neither share the credentials of your Account nor access the Site with the credentials of another person’s Account. For the sake of clarity, an Account is owned by the person or entity whose payment information is on file with Giftr. You are responsible for maintaining the confidentiality of any password you create for your Account. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify Giftr. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.

 

You agree that we may send you information relating to your Account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form, for example via e-mail to the e-mail address you provide during registration.

 

To find more information about our products and services and their features or if you need assistance with your Account, please contact Giftr Customer Support at hello@giftr.gift.

5. Orders and Billing

Giftr accepts payments through the Site by credit card and through PayPal. All pricing is in the currency stated, and Giftr accepts payment in U.S. Dollars, Canadian Dollars, or other currencies as stated. In the event of failed payment processing with respect to any purchase through the Site, you agree to allow Giftr to continue to attempt to complete payment processing on your Account. If processing payment is unsuccessful, Giftr reserves the right to cancel your order and suspend your Account.

 

Your total price shall include the listed price, including any applicable sales tax, goods and services or value added tax. Such state and local sales tax shall be determined based on your shipping address and the sales tax rate in effect at the time you purchase the product. We shall charge tax only in states and other territories where goods and services sold over the Internet are taxable. In certain territories outside the United States, a customs duty may be due, payment of which you agree shall be your responsibility. You acknowledge that certain payment methods may have foreign transaction and/or currency fees, and that such fees shall be your sole responsibility.

 

Our Site is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

 

Giftr cannot and does not guarantee the accuracy or completeness of the Site or the information available thereon. You understand that any information on the Site may contain errors, including but not limited to pricing, typographical errors, technical inaccuracies, and other errors, which Giftr reserves the right to correct without liability. Giftr does not guarantee that any particular product or service will be available or as described, and it expressly reserves the right to make substitutions or omissions at its discretion. In the event that any product or service available for purchase on the Site is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Giftr shall have the right to refuse or cancel any orders placed for such incorrectly listed products. Giftr shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Giftr shall immediately issue a credit to your credit card account in the amount of the charge.

6. Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED BY GIFTR ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permitted by applicable law, Giftr disclaims all representations and warranties, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, Giftr does not represent or warrant that: (i) the Content or information provided through the Site are correct, accurate, or reliable; (ii) access to and use of the Site shall be uninterrupted or error-free; or (iii) the Site or the server that makes it available is free of viruses or other harmful components or defects or that defects shall be corrected.

7. Limitation of Liability

YOUR USE OF AND ACCESS TO THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL GIFTR OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE “GIFTR PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE GIFTR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

 

NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GIFTR PARTIES, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FIFTY U.S. DOLLARS ($50.00).

 

YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, GIFTR WOULD NOT ALLOW YOU TO ACCESS OR USE THE SITE.

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

8. Indemnification

You shall indemnify and hold harmless the Giftr Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Site; (ii) your actual or alleged breach of this Agreement; or (iii) any infringement by you or any other user of the Site using your computer of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. Giftr reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9. Modifications and Interruption to Services

Giftr reserves the right to modify or discontinue the Site and its Content with or without notice to you. Giftr shall not be liable to you or any third party should Giftr exercise its right to modify or discontinue the Site or its Content. You acknowledge and agree that Giftr does not guarantee continuous, uninterrupted or secure access to the Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

10. Third-Party Sites

Our Site may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. In addition, you may encounter third-party applications, including, without limitation, websites, widgets, software or software utilities, that interact with the Site. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website or application. The selection or omission of links is not intended to endorse any particular companies, products or services. If you decide to access any of the third-party websites or applications linked to the Site, you do so entirely at your own risk. You should contact the website administrator or webmaster for those third-party websites or applications if you have any concerns regarding such links or the content located on such websites or within such applications. Your use of third-party websites and applications may be subject to third-party terms of use, privacy policies and license terms, which we encourage all users to review.

11. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without giving effect to its choice of law rules. Any action, claim or proceeding arising out of or relating to the Site or this Agreement shall be brought in the appropriate court located in Ontario, Canada. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.

12. Compliance with Laws

You shall indemnify and hold harmless the Giftr Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Site; (ii) your actual or alleged breach of this Agreement; or (iii) any infringement by you or any other user of the Site using your computer of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. Giftr reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

13. Copyright and Trademark Information

All content included or available on the Site, including, but not limited to, all gift options, text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto, and the features and functionality of the Site (collectively “Content”) is the exclusive property of Giftr or its licensors and is protected by Canadian, U.S. and international laws. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Giftr is strictly prohibited. You shall not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.

Giftr is a proprietary service mark of Year Zero Corporation. Giftr’s marks shall not be used in connection with any products or services that are not provided by Giftr, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Giftr. Other trademarks displayed on our Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation.

14. Amendment

We reserve the right, at any time, to revise, amend, modify or delete portions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes your acknowledgement and acceptance of the Agreement and its revisions, amendments, modifications or deletions.

15. Other Terms

If any provision of this Agreement shall be held to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Giftr shall have the right to freely assign this Agreement and any other agreements referenced herein in its sole discretion for any purpose. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between you and Giftr in relation to your access to and use of the Site and its Content.