Terms & Conditions
TheGiftCardGroup.com ("TGCG") maintains or arranges for the maintenance of this website (the "Site") through which TGCG (i) markets and sells third-party Gift Cards (each, a "Gift Card") via direct relations with merchants and 3rd party suppliers and on behalf of each relevant merchant, and (ii) markets and sells stored value cards from Visa®, MasterCard® and American Express® (each, a "Stored Value Card") as an authorized agent. The following terms (the "Terms") govern use of the Site. By using this Site you agree that you have read and understood these Terms and unconditionally agree to be bound by these Terms, and to comply with all applicable laws and regulations regarding use of this Site. If you do not or cannot agree with any part of the following Terms, you may not use the Site or purchase, or attempt to purchase, Cards offered through the Site.
The Terms may be changed by TGCG in the future, however, no individual agent, employee or representative of TGCG may change, waive, alter or modify these Terms without the prior written approval of TGCG's senior management. Upon any change to the Terms, you will be prompted at your first login to the Site following the change to review and accept the revised Terms. Your continued use of the Site following any amendments will constitute agreement to such amendments. Our card stakeholders will not be bound by any message or material received from you at variance with these Terms, including amendments.
By submitting a request to activate a Card through the Site, you represent and warrant to TGCG that (i) all of the information provided in connection with such activate request is complete and correct, (ii) that you are the lawful holder of the Card, and (iii) that you have read and agree to be bound by the Cardholder Agreement applicable to the Card.
The contents of this Site, including all information, data, graphics, images, logos, editorial content, and software ("Materials") referenced on this Site are protected under Canadian, U.S. and foreign copyright laws, patent laws, trademark laws, and other intellectual property laws and treaties. TGCG grants permission to view and use the Materials on this Site subject to these Terms. You may download, print, reproduce, display and distribute Materials contained on this Site on a limited basis solely for your internal, informational and non-commercial personal use, provided that you do not modify such Materials and provided further that you retain all copyright and proprietary notices as they appear in such Materials.
If you violate any of the Terms, your permission to access and use the Site may be immediately terminated in TGCG's sole discretion. In addition, TGCG reserves the right to seek all remedies available by law and in equity for such violations. Upon termination, you agree to destroy any Materials downloaded from this Site.
You may not:
- access, use, reproduce, display, distribute, transmit, perform, modify, create derivative works or compilations from, sell or otherwise exploit, in whole or in part, any Materials, except as provided above;
- "mirror" or frame any content contained on or through this Site by any means;
- remove, decompile, disassemble or reverse engineer any Site software;
- use any robot, spider, other automatic device or process to monitor or copy any portion of this Site or any Materials;
- probe, scan or test the vulnerability of the Site or to breach security or authentication measures; or
- export or re-export the Site or any portion thereof or any Materials in violation of the export control laws or regulations of Canada and the United States.
TGCG reserves the right to modify or to discontinue any and all Materials or any portion or attribute thereof, or sales of Cards, with or without notice to you. TGCG shall not be liable to you in the event that TGCG exercises its rights under this provision of the Terms.
Unless otherwise noted, the Materials and any intellectual property and other rights relating thereto are and will remain the property of TGCG, said 3rd party suppliers and each relevant merchant. The trademarks, logos and service marks on the Site owned by TGCG, whether registered or unregistered, may not be used in connection with any product or service that is not TGCG's, in any manner that is likely to cause confusion with customers, or in any manner that disparages TGCG. Nothing contained on the Site or within the Materials should be construed as granting by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark on this Site without the express written permission of TGCG, TGCG's licensors or suppliers, or the third-party owner of any trademark, as applicable.
As between you and TGCG, TGCG retains all rights, title, interests and ownership of any kind, including but not limited to, any and all intellectual property rights of every kind whatsoever, in and to this Site and all Materials contained on or available through this Site. No user shall be deemed to obtain any rights to this Site or the Materials, and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark, or other intellectual property law.
TGCG intends for the Materials contained on this Site to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. TGCG reserves the right to make corrections, modifications, enhancements, improvements and other changes to its products and services at any time or to discontinue any products or services without notice.
DISCLAIMER OF WARRANTIES
EXCEPT AS MAY BE PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS FOR YOUR USE. TGCG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND TGCG SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE NOT TO HOLD TGCG LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SITE, OR THE PURCHASE OR ATTEMPTED PURCHASE OF CARDS. IN NO EVENT SHALL TGCG BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE PROVISION OF THE SERVICES. HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER IN TORT, CONTRACT OR OTHER CLAIM, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms and the relationship between you and TGCG, including, without limitation, your use of or access to the Site, the Materials, any linked Web Site, or any other content or information available on or through the Site, are to be construed in accordance with and governed by the internal laws of the Province of Ontario, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the Province of Ontario to the rights and duties of the parties. Each party hereby submits to the exclusive jurisdiction of the courts of the Province of Ontario and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of all of the other provisions hereof shall in no way be affected or impaired.
The Site is operated by The Hunt Group, located at 5420 Timberlea Blvd., Mississauga, On L4W 2T7 and access to and use of the Site, the Materials, or any other content or information available on or through the Site shall be deemed to occur in Mississauga, Ontario. All purchases of Cards shall be deemed to occur in the jurisdiction to which the Cards are shipped.
The Hunt Group
5420 Timberlea Blvd.,
Mississauga ON L4W2T7