Last Updated: Feb 28, 2018
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE JUST A TOKEN WEBSITE. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS USE OF THE JUST A TOKEN WEBSITE AND PURCHASES MADE FROM THE WEBSITE, EXEMPTS JUST A TOKEN AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.
BY USING THE JUST A TOKEN WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE JUST A TOKEN WEBSITE OR MAKE PURCHASES.
These Terms of Use are a binding agreement between you and Gift Horse Inc. (“Gift Horse”) regarding your access to and use of the Just a Token website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
To make purchase on the Website you are required to set up an account (an “Account”). If you create an Account you must login to purchase services. Logging into an Account requires a unique user name and password (collectively, a “User ID”).
ANY CREATION OF AN ACCOUNT, ANY LOGIN TO YOUR ACCOUNT, ANY PURCHASES, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT OPEN AN ACCOUNT, LOGIN TO YOUR ACCOUNT, OR PURCHASE ANY PRODUCT.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS PLEASE CONTACT info@justatoken.com.
Updates to the Terms and Conditions: Gift Horse may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Website, including your Account, after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Website home page. Where required by applicable law, you will be notified by email or other method through your Account at contact information you have supplied in setting up an Account, or at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Eligibility based on Residence and Age: As required by applicable law the Website and service are intended for use by individuals who are the age of majority in their province of residence. You must be the age of majority in your province of residence to make purchases on the Website.
GIFT HORSE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, THE CONTENT OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SITE FROM OUTSIDE OF CANADA, INCLUDING LOGGING INTO AN ACCOUNT, ORDERING SERVICES, REVIEWING CONTENT (INCLUDING ANY PUBLICLY-AVAILABLE OR LOGIN-ONLY CONTENT RELATED TO THE SERVICES), OR OTHERWISE USING THE SITE OR SERVICES, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.
Account: You need to create an Account to make a purchase or subscribe to the Website services. If you do elect to create an Account in the course of being granted access to your Account, you will be required to create a User ID. Your User ID identifies and associates you with your Account and is required for you to login to your account. With your User ID, you may log in to your account and purchase services. You agree to: (a) immediately notify Just a Token by email at info@justatoken.com of any unauthorized use of your Account or any other breach of security, or any suspicion of such authorized use of your Account, and to identify your user name in the email, and (b) ensure that you log out from your Account at the end of each session. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT GIFT HORSE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS WHILE ACCESSING THE SERVICES OR OTHERWISE ACCESSING YOUR ACCOUNT.
User ID: Your unique user email and password are, collectively, your User ID. Your User ID is the key to your Account. You are responsible for maintaining the confidentiality of your Account, including your User ID. Use unique numbers, letters and special characters in your password. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf and associated liability. Therefore, if your User ID has been compromised for any reason, you should immediately notify us at info@justatoken.com and change your password.
Prohibited Use of the Services: You agree not to make any unlawful use of the services. In particular, but without limiting the generality of the foregoing, you acknowledge that the services are provided solely for your personal use.
Account Status: You agree that we may refuse, cancel or terminate any Account, or refuse to sell services to you at any time and without notice if, at our discretion we determine that you have failed to comply with these Terms and Conditions, or you are otherwise ineligible to use this Website for any reason. YOU AGREE THAT GIFT HORSE HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED ACCOUNT.
Sale of Services: Gift Horse reserves the right, in its discretion, to cancel or refuse memberships for failure to comply with applicable law, including if we believe that you have made a false or fraudulent order that is or appears to be inconsistent in any way with applicable law, and to inform the relevant authorities in accordance with applicable law. All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Gift Horse may, in its discretion, limit or cancel the quantities offered on the Website or limit sales of the services or services to any person, household, geographic region or jurisdiction.
Prices: Unless otherwise stated, all prices are in Canadian Dollars. Prices for all services are indicated on the Site and are subject to change without notice. Where a price is inconsistent as between publicly-accessible portions of the Website and portions of the Website available only by logging in to an Account, the price as indicated on the portion of the Website available only by logging in to an Account is the correct price. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees and applicable taxes for services at the time of the transaction with a valid payment method. If your payment method fails, or your Account otherwise becomes past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel for accounts over 180 days past due.
Payment: Payments are securely processed using a third party payment processor. When you complete your payment you will be transferred to the third party processor’s website and their terms and conditions will apply. Refer to: https://stripe.com
Refunds: All sales are final and non-refundable. Under certain circumstances, exceptions could be made provided both parties are in agreeance. Contact us at info@justatoken.com if you have questions or concerns.
Credits: Gift Horse stands behind the quality of the services. If you are unsatisfied for any reason, please contact us at info@justatoken.com to address your concerns. Gift Horse may, at its discretion, offer credit for future purchases. This could include offers of free memberships for acquaintances, friends and family members.
Prohibited Use of the Website: You may not use the Website or any content for any unlawful purpose or any unsafe purpose. Without limiting the generality of the foregoing, while accessing or using the Website, including reviewing content or using the services, you agree that you will not:
Without limiting other recourse, including but not limited to any remedy available under applicable law, we may limit, delay, suspend or terminate any access to the Website, content, Account, access to services or services, linked websites, or take technical and legal steps to keep users off the Website if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Gift Horse or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Gift Horse Group (as defined below), or any other person. Without limiting the generality of the foregoing, we may, in appropriate circumstances and at our discretion, suspend or terminate access, or modify or discontinue the Website, services, at our discretion.
No Spam, Spyware or Spoofing: Gift Horse takes compliance with laws pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Gift Horse on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Website more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any applicable law.
Accuracy of Website Content: All content is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Website and the content are regularly updated, the content may be inaccurate, out-of-date, or otherwise incorrect. Gift Horse assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, Gift Horse does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Gift Horse or by any third party, which appears on the Website. Subject to the foregoing, Gift Horse works to keep the Website and services updated and working properly. Please report any perceived problems, perceived offensive or inappropriate content, and any perceived policy violations to us by email at info@justatoken.com.
Content and Intellectual Property Rights: The Website and all content, including these Terms and Conditions are © 2018 Gift Horse, its suppliers or affiliates. All rights reserved. The copyright for the Website and all content is owned by or licensed to Gift Horse and is protected under applicable law including the Copyright Act (Canada), common law rights, and by other copyright laws in other jurisdictions. No content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Gift Horse, other than as expressly provided for in these Terms and Conditions. Nothing on the Website, your use of the services shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Gift Horse or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos of Gift Horse, any affiliate or any third party used on the Website may be trademarks, including registered trademarks of Gift Horse. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Gift Horse or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Reservation of Rights: Without limiting the generality of the foregoing, the services, or other of Gift Horse’s methods and processes may be subject to rights, including Intellectual Property Rights, of Gift Horse or a third party. Gift Horse and any applicable third parties reserve all such rights.
Privacy: By using the Website, including by reviewing the content, using the services, logging into an Account, subscribing to a newsletter or other opt-in communication, or submitting an order for services, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Gift Horse as explained in the Gift Horse Privacy Policy (online: http://www.justatoken.com/privacy-policy), as revised from time to time, and as otherwise permitted or required by applicable law.
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose Gift Horse to any liability for damages you may suffer as a result of communicating with Gift Horse by electronic communications or if Gift Horse communicates such information to you at your request.
Outbound Links: The Website may contain links to third-party web sites and resources. These linked websites are provided solely as a convenience to you and as a service, and not as an endorsement by Gift Horse of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Gift Horse makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: You agree not to link to the Website in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Gift Horse generally agrees with linking to the Website through a link, including a plain text link or logo link, without an additional written agreement between yourself and Gift Horse. Notwithstanding the foregoing, Gift Horse reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Website through a link, at Gift Horse’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Website, Gift Horse, or Gift Horse Group (as defined below in these Terms and Conditions).
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
GIFT HORSE GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO GIFT HORSE, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO GIFT HORSE INC. AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF GIFT HORSE INC., OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “GIFT HORSE GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE WEBSITE, THE CONTENT, THE SERVICES, AND THE SERVICES ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY GIFT HORSE GROUP, EITHER EXPRESS OR IMPLIED, OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. WITHOUT LIMITING THE FOREGOING, GIFT HORSE GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. GIFT HORSE GROUP MAKES NO WARRANTY THAT THE WEBSITE, THE CONTENT, THE SERVICES, OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. GIFT HORSE GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE WEBSITE, THE CONTENT, THE SERVICES, OR THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE WEBSITE OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER.
DISCLAIMER OF GIFT HORSE GROUP COMMUNICATIONS: THE FOLLOWING CLAUSE IS NOT APPLICABLE TO CONSUMERS IN QUÉBEC: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE WEBSITE OR OTHERWISE FROM GIFT HORSE GROUP, RELATING TO THE SERVICES OR THE SERVICES, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD PARTY STATEMENTS: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, THE CONTENT, OR THE SERVICES. YOU UNDERSTAND THAT GIFT HORSE GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE WEBSITE, THE CONTENT, THE SERVICES, THE SERVICES OR GIFT HORSE GROUP.
LIMITATION OF LIABILITY: THE LIMITATIONS OF LIABILITY SET OUT IN ITEMS (G) AND (H) BELOW DO NOT APPLY TO CONSUMERS IN QUÉBEC: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFT HORSE GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(A) YOUR USE OR APPLICATION OF THE WEBSITE, THE CONTENT OR THE SERVICES;
(B) YOUR INABILITY TO USE OR APPLY THE WEBSITE, THE CONTENT, THE SERVICES;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE WEBSITE, WHETHER IN CONNECTION WITH THE SERVICES OR OTHER ASPECTS OF THE WEBSITE;
(D) WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION;
(E) ANY MISUSE OF THE WEBSITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS;
(F) ANY MISUSE OF AN ACCOUNT, USER ID INCLUDING BY COMMUNICATION OF A USER ID OR OTHER INFORMATION, INCLUDING REGISTRATION INFORMATION, SUCH MISUSE INCLUDING USE OF A USER ID BY AN INDIVIDUAL OTHER THAN BY AN ACCOUNT HOLDER;
(G) THIS ITEM (G) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: YOUR USE OR APPLICATION OF THE SERVICES;
(H) THIS ITEM (H) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE WEBSITE, IN CONNECTION WITH THE SERVICES; OR
(I) ANY OTHER MATTER RELATED TO THE WEBSITE.
IF YOU CHOOSE TO USE THE WEBSITE, THE CONTENT, THE SERVICES, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM GIFT HORSE GROUP.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY GIFT HORSE GROUP OR IN THE CONTENT WHETHER OR NOT GIFT HORSE GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) GIFT HORSE GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD GIFT HORSE GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE WEBSITE, THE CONTENT, THE SERVICES, NOTWITHSTANDING THIS INDEMNITY, GIFT HORSE GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF GIFT HORSE’S SELECTION AT GIFT HORSE GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES: FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE WEBSITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT GIFT HORSE’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
LIMITATION ON QUANTUM: THE FOLLOWING CLAUSE IS NOT APPLICABLE TO CONSUMERS IN QUÉBEC: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to Gift Horse, constitutes your consent to receive any legal notices required by applicable law at the an email address or other contact information you provide to Gift Horse. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Gift Horse, unless Gift Horse is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Gift Horse. In such case, notice shall be deemed given three days after the notice is sent in the mail by Gift Horse.
Legal Disputes: The following clause is not applicable to consumers in Québec: To the maximum extent permitted by applicable law, unless Gift Horse agrees otherwise, any claim, dispute or controversy, whether based on a legal theory including, contract, tort, statute or regulation, and whether including a claim for pre-existing, present or future remedies, arising out of or relating the Website, the services, these Terms and Conditions or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Arbitration will be conducted in the city of Calgary on a simplified and expedited basis by one arbitrator pursuant to the Arbitration Act (Alberta). The foregoing does not, however, preclude Gift Horse from seeking injunctive relief when necessary, as determined by Gift Horse in its discretion, to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
Law and Forum for Legal Disputes: For customers in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent any claim or dispute you may have against Gift Horse is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For customers outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Gift Horse is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Alberta. You agree to submit to the personal jurisdiction of the courts located within Alberta for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions: When ordering a product, using a service, reviewing content or otherwise accessing the Website, you are subject to any posted policies or rules applicable both to any service you use through the Website, and to the Website more broadly. Subject to any such additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Gift Horse with respect to the Website, the content, the services and any information obtained through the Website by communication with Gift Horse personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Website or the services. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Gift Horse has the right, in its discretion, to terminate or suspend your access to the Website, to terminate or suspend any Account, to limit or deny your access to or participation in any content, services offered by Gift Horse at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Gift Horse, interfere with any other person’s access to or use of the Website, or if Gift Horse decides in its discretion for any reason whatsoever that any Account, access to the Website by any person, access to content by any person, including use of any service or purchase of any product, is otherwise detrimental to the Website, Gift Horse or Gift Horse Group more broadly, or Gift Horse’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Gift Horse with details. Gift Horse may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Gift Horse does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Gift Horse.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with Gift Horse by email as indicated in these Terms and Conditions. You can communicate with Gift Horse by mail at info@gifthorse.ca. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
Language: You and Gift Horse have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms and Conditions provided by Gift Horse is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Gift Horse by email at info@gifthorse.ca or by mail at the address above with attention to the Information Officer.
