EverythingCard Redemption Site - Terms of Use
You are visiting a white-label redemption channel for the EverythingCard (the "Site").
Terms of Use
The Site is an affiliate of Esiance Inc. (“Esiance”, the “Company”, “we”, or “us”) which owns and operates a number of different websites, mobile apps, and interactive services, (collectively, the "Esiance Sites"). This Terms of Use policy ("Terms of Use") applies specifically to the Site, unless otherwise specified.
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Use (the “Agreement”), whether or not you are a registered user of the Site.
We reserve the right to amend the Agreement at any time by notifying you as provided in the Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we materially amend the Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by cancelling your order. Your continued use of the Site after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any of these terms or any future amendments to them, do not use or access (or continue to access) the Site. The Agreement applies to all visitors, users, and others who access the Site (“Users”).
By using the Service you consent to our collection, use and disclosure of your personally identifiable information in accordance with our Privacy Policy.
1. Use of the Service
The Site is part of the EverythingCard platform, powered by Esiance, enables organizations (“EC Clients”) to offer personalized gift card rewards to their employees, customers, suppliers and other supporters.
EC Clients provide intended recipients with a URL, which is this Site, along with a unique redemption code (“Redemption Code”). This Redemption Code is required to access certain pages of the Site, including sections where Users have the ability to select gift cards and provide information on where the gift cards should be delivered.
A. Eligibility
The Site is intended solely for Users resident in Canada who are the age of majority or older in their jurisdiction, or those who have been pre-approved with appropriate requisition of consent of a parent or guardian. Any registration, use or access to the Site by anyone not resident in Canada, or under such age without pre-approval or consent, is strictly prohibited and in violation of the Agreement. The Site is not available to any Users previously removed from the Site or any other service powered by Esiance.
B. Redemption Codes
You require an active and unused Redemption Code to access certain pages and sections of the Site, including pages that provide a list of available gift cards, which are subject to change without notice. Redemption Codes can only be applied towards gift cards that are displayed during the redemption experience, and are not redeemable for cash or any such other equivalent.
You may never use a Redemption Code provided to another individual or attempt to create or guess a Redemption Code. Redemption Codes cannot be sold. When redeeming your Redemption Code, you must provide accurate and complete information. You must safeguard your Redemption Code like cash and are solely responsible for any activity that occurs when your Redemption Code is redeemed on the Site. You must notify us immediately of any breach of security or unauthorized use of your Redemption Code. We will not be liable for any losses caused by any unauthorized use of your Redemption Code.
By providing us your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail.
C. Site Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Site in a manner that sends more request messages to the Site servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from EverythingCard.ca for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of the Agreement, or for no reason.
All aspects of the Site are subject to change or elimination at our sole discretion. We reserve the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that we will not be liable to you for any interruption of the Site, delay or failure to perform.
2. Gift Cards
The Site may allow you to select cards, codes, or the like that are redeemable for goods or services by third parties (“Gift Cards”). Gift Card transactions on or through the Site are governed by the Agreement. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Site.
A. Selecting Gift Cards
The Site may allow you to select Gift Cards. All Gift Cards selected by you on the Site are made on a without recourse basis against us. In particular, while we take reasonable steps to ensure the validity of Gift Cards offered through the Site, we are not the issuers of the Gift Cards, and assume no liability for the Gift Cards.
We may elect, at our sole discretion, to limit the availability of certain Gift Cards, based on security measures, merchant agreements or compliance requirements.
In the event a Gift Card is unavailable, or value listed incorrectly due to typographical or administrative error, we shall have the right to refuse or cancel any orders placed for such Gift Card. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed. If your order is cancelled, we shall contact you via email using the information you provided, and offer you either (i) a replacement Redemption Code of equivalent value, or (ii) an alternative Gift Card with equivalent redemption value that you elect to accept.
Gift Cards selected on channels created for demonstration purposes will not be transferred: physically, in ownership or in value. Any gift cards redeemed through demonstration channels must be returned immediately with full value intact.
Misuse of EverythingCard codes or gift cards will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.
3. End User License Grant
Subject to the terms of use of the Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Site for your personal, non-commercial use only. We reserve all rights not expressly granted herein in the Site and the EC Redemption Content (as defined below). We may terminate this license at any time for any reason or no reason.
4. Our Proprietary Rights
The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (the “EC Redemption Content”), and all intellectual property rights related thereto, are the exclusive property of Esiance and its licensors. Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Site. Use of the EC Redemption Content or materials on the Site for any purpose not expressly permitted by the Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related feedback or ideas previously known to Esiance, or developed by its employees, or obtained from sources other than you.
5. Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk and waive any potential recourse or legal proceedings for unauthorized access.
6. Third-Party Links
The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that the Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve the Esiance Parties (as defined below) from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7. Indemnity
You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, suppliers, licensors, managers, and other affiliated companies, and our and their respective employees, contractors, shareholders, agents, officers and directors (the “Esiance Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of the Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Canada or any other country; (v) any claim or damages that arise as a result of any data or content that is submitted via your account; or (vi) any other party's access and use of the Site with your unique Redemption Code.
8. No Warranty
Except as otherwise described in Section 2B, the Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Esiance, its subsidiaries, and its licensors do not warrant that any EC Redemption Content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Esiance Parties be liable for any direct, indirect, punitive, aggravated, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits or revenue, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Site. Under no circumstances will the Esiance Parties be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your Redemption Code or the information concerning you maintained on the Site.
To the maximum extent permitted by applicable law, the Esiance Parties assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; (vii) the defamatory, offensive, or illegal conduct of any third party; and/or (viii) lost, stolen, or otherwise irredeemable gift cards. In no event shall the Esiance Parties be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount of your gift card transactions through the Site for the twenty one (21) days preceding the date on which such liability arose.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Esiance is based in Canada. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in Canada.
10. Assignment
The Agreement, and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.
11. General
A. Governing Law.
The Agreement shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and us that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario. You agree to submit to the jurisdiction of such courts in any such dispute.
B. Survival.
Upon the termination of the Agreement, the following provisions shall continue in force: 4, 7, 8, 9, and 11.
C. Notification Procedures.
Except for notices expressly required under the Agreement to be provided in a particular manner, the Site may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in the Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add hello@everythingcard.ca to your email address book to help ensure you receive email notifications from us.
D. Entire Agreement/Severability.
The Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and Esiance concerning the Site. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
E. No Waiver.
No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
F. Language.
The parties confirm that it is their wish that the Agreement, as well as any other documents relating to the Agreement, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Please contact us at hello@everythingcard.ca with any questions regarding the Agreement.
Our address is:
Esiance Inc.
250 Consumers Road
Toronto, Ontario
M2J 4V6