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Giftfind.ca Privacy Notice

Conditions Of Use

 

1. INFORMATION ABOUT THESE TERMS OF USE


These “Terms of Use” are the terms and conditions on which this website: http://GIFTFIND.CA (the “Website”) and Services (as defined below) are made available to you by GIFTFIND.CA. BY ACCESSING THE WEBSITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, SO PLEASE READ THEM CAREFULLY IN THEIR ENTIRETY, AND IF NECESSARY PRINT OUT AND SAVE A COPY OF THEM. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE WEBSITE AND/OR SERVICES, AND YOU MUST IMMEDIATELY CEASE USING THE WEBSITE AND/OR SERVICES. BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.


In these Terms of Use “you,” or “your” means you, the individual accessing the Website or using the Services, and “GIFTFIND.CA” or “we” or “us” means GIFTFIND.CA.


2. CHANGES TO THESE TERMS OF USE; ADDITIONAL TERMS


We are constantly looking for new ways to improve the Website and Services we provide to you. We therefore reserve the right to amend these Terms of Use at any time. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for those users who have an active account with us only). All such changes will take effect upon the earlier to occur of (a) your receipt of any email notifying you that changes have been made to these Terms of Use and your continued use of the Website after such notice has been sent to you; or (b) your continued access to the Website or use of the Services after notice has been posted on the Website. It is your sole responsibility to check the Website from time to time to view any such changes to the terms in the Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Website and use of the Services. You give us permission to email you for the purpose of notification as described in this Section 2.

In addition, certain areas of the Website and/or Services may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these Terms, these Terms will control.


3. DESCRIPTION OF SERVICES


Overview
We provide you with a number of online services and resources through the Website, including but not limited to search functionalities using key words or product categories, content, shopping merchant and product reviews, buyer’s guides and other communication tools (the “Services”) to allow you to find and compare listed products offered on the websites of a number of third parties (the “Merchants”).


Search Results
The results of user searches are not exhaustive in respect of all offerings available on the Internet, and are derived from data compiled by us from a variety of sources, including Merchants listed with Us. The default order of presentation of offerings provided may depend on several factors, according to the type of search carried out. For example:

• If you carry out a search via the search box (i.e. key word), the offerings from all Merchants listed (either in return for payment or free of charge) on the Website may appear and, in addition to the price paid, other criteria are taken into account in the default classification of offerings: popularity, relevance of the data of the Merchants listed in relation to your query or the response time of the Merchants’ website.


The data is refreshed at intervals, depending on its type: this interval varies according to the Merchants and compliance with our technical requirements, the typical maximum being once every 24 hours, other than at weekends and on public holiday(s).


Buying from Merchants
If you wish to buy the listed product you have selected, you should visit the website of the Merchant of your choice. When you use the services offered by a Merchant, and in particular, when you visit their website via a link from the Website to buy a particular product from it, you are leaving Our Website and going to a website that is not controlled by Us and you will be bound by their terms of use and privacy policy.


We are neither acting as agent for such Merchants nor selling, reselling nor licensing listed products. We will not be party to any transaction or contract with any Merchant that you may enter into for the purchase of listed products and we have no liability in respect of listed products or Merchants. You agree that you will contact the Merchant or seller of the products directly in relation to questions, complaints or disputes you have in respect of any products and you will not involve us in any dispute between you and any third party.


Advertisers
We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (e.g. classified advertisements. We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.


User Reviews
We may offer free product information and buyers’ guides and games from time to time, enabling you to read reviews and write your own reviews on the products and Merchants listed on the Website ( “User Reviews”) User Reviews will be subject to special terms and conditions located on the Website. We also use Amazon's API to give you another perspective for product reviews and in no way are responsible for the reviews in that data, as it is generated and supplied by Amazon.


4. GIFTFIND.CA PRIVACY POLICY


Certain portions of the Website and Services, such as the registration process, will ask you to provide certain personal information to us. You must read our Privacy Policy ( which contains important information about the use of your personal data by GIFTFIND.CA, other information regarding your privacy and our security processes and policies. All uses of your personal information will be treated in accordance with our Privacy Policy. If you access the Website and/or use the Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue access to the Website and use of the Services. These Terms and Conditions and our Privacy Policy (which are incorporated herein by reference) constitute the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.


5. USER ACCOUNT AND PASSWORD


If you wish to access certain Services on the Website (such as User Reviews, Competitions, Newsletters and Surveys) you must register and set up an account with us on the Website. When you register for an account, you must complete the registration form by providing us with your email address. You shall promptly update all registration data to keep it true, accurate, current, and complete. Should we suspect that any information you provide is not true, accurate, current or complete, we have the right to suspend or terminate your access to the Website and/or use of the Services. You will receive a password and account designation upon completing the registration process. You may not transfer or share your password and account information with any third party. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password and/or account. We do not have the means to check the identities of people using the Website and will not be liable where your password or account is used by someone else. Please notify us immediately if you become aware that your password or account information is being used without authorization. You agree not to register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity.


6. USER CONDUCT


You agree not to, and represent and warrant that you will not, access the Website and/or use the Services to: (a) harm minors in any way; (b) interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services; (c) intentionally or unintentionally violate any applicable law or regulation including; (d) extract, collect, process, combine or store personal data about other users or to stalk harass or harm another individual; (e) attempt to reverse engineer or jeopardize the correct functioning of the Website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website and/or Services; (f) attempt to gain access to secured portions of the Website or Services to which you do not possess access rights; (g) use any high volume automatic, electronic or manual process to access, search or harvest information from the Website or Services (including without limitation robots, spiders or scripts); (h) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (i) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; or (j) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.


You agree not to upload, post, email or otherwise transmit: (a) any User Content (defined below) that is false inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, trade libelous, vulgar, pornographic, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (b) any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or otherwise violates any rights of publicity or privacy (collectively, “Rights”) of any third party; (c) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (d) any User Content that violates any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.


7. USE OF THE WEBSITE BY CHILDREN


The Website and Services are not intended to be accessed or used by anyone under the age of 18 unless supervised by an adult. By accessing the Website and/or using the Services, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, you may not access the Website or use the Services unless supervised by an adult over 18. We have the right to block or terminate your access to the Website or Services in the event that it suspects, or becomes aware, that you are under the age of 18.


8. CONTENT POSTED BY YOU


You acknowledge that you are responsible for all information, data, text, messages and other materials (“User Content”), whether publicly posted or privately transmitted, which you upload, post, email, make available or otherwise transmit via the Website and/or Services.


With respect to all User Content, as between you and us, you retain all intellectual property rights in any copyrighted materials and trademarks that you may own in your User Content, You grant us the royalty-free, fully paid, perpetual, irrevocable, non-exclusive, transferable and fully sub-licensable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the User Content in any manner we choose. If you have any rights to the Content that cannot be licensed to Us (such as moral rights in some countries), You unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.


We shall have the right (but not the obligation) in our sole discretion to refuse, move, modify or remove any User Content that is available via the Services that violates the Terms of Use or is otherwise objectionable, if required by law, or if we believe such User Content may create liability for us.


9. RESPONSIBILITY FOR CONTENT


We provide product descriptions, pricing information, commentary, User Reviews and other content (“Website Content”) from a variety of sources, including our own unique information as well as Amazon & other merchant data. in relation to products listed on the Website. Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any products, Merchants, advertisers, users or other services offered by such Merchants, advertisers or other users. While we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content. Consumer reviews and ratings on Our Website are from our members who have elected to post a review either on our website or Amazon. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a Merchant or other third party.


10. CONTENT RELATING TO FINANCIAL SERVICES


In respect of any Website Content or Services in respect of any financial services such Website Content or Services are provided for informational purposes only, and no such Website Content or Services are intended for investing purposes. We shall not be responsible or liable for the accuracy, usefulness or availability of any such information transmitted on the Website or via the Services, and shall not be responsible or liable for any investment decisions made based on such information.


11. ACCESS TO WEBSITE AND SERVICES


While we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.


We will make reasonable efforts to provide you with the latest and most accurate information and data possible, notably as regards price, regarding the goods and services on the Website. However, as this information and data is transmitted to us either by the Merchants listed on the Website under the terms of a listing agreement, via professional databases and other sources, we are unable to guarantee that it is fully accurate and exhaustive.


In the event of any differences between the information and the data appearing on our Website and that appearing on the Merchant’s website, the latter shall prevail.


11. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, SERVICES AND ALL OTHER MATERIALS, CONTENT AND INFORMATION PROVIDED BY GIFTFIND.CA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTFIND.CA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. GIFTFIND.CA MAKES NO WARRANTY THAT THE WEBSITE, SERVICES OR ANY OTHER MATERIALS, INFORMATION OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR GIFTFIND.CA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, WEBSITE CONTENT, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS, CONTENT AND/OR INFORMATION.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE WEBSITE AND SERVICES.


12. CHANGES TO THE WEBSITE AND SERVICES


We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or to launch new services, with or without notice, in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, addition or discontinuance of the Website or Services. If you object to any such changes, your sole recourse will be to cease using the Website and Services.


In the event of any changes to Services requiring the opening of a GIFTFIND.CA account, we will notify users in accordance with these Terms of Use. You may cancel your Kelkoo account online at any time by notifying Customer Services.


13. TERMINATION


You agree that we, in our sole discretion, may terminate your password, account (or any part thereof), access to the Website or use of the Services, and remove and discard any Content within the Services, for any reason, at any time. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICES OR DELETION OF YOUR ACCOUNT INFORMATION OR USER CONTENT.


14. LINKS


We may provide, or third parties may provide, links to other World Wide Web sites or resources, including, without limitation, Merchants and advertisers. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, goods, or other materials or services on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, goods, materials or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party, including, without limitation, Merchants and advertisers, that you may enter into and you agree that you will not involve us in any dispute between you and any third party.


15. COPYRIGHT/COPYRIGHT LICENSE


The (a) content of the Website and Services, including without limitation, Website Content, text, data, information, music, sound, photos, and graphics (“Our Content”) & (Merchants content), as well as (b) the software, code, proprietary methods and systems used to provide the Website and Services (“Our Technology”) are (1) copyrighted by GIFTFIND.ca , (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by GIFTFIND.CA and/or its licensors.


Your use of the Website and Services grants no rights to you in relation to any intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in Our Technology and Our Content.


You may not copy, modify, reproduce, republish, download, post, broadcast, record, transmit, sell, offer for sale, commercially exploit, edit, communicate to the public or distribute in any way Our Content and/or Our Technology, in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it for your own personal use, provided that no more than one copy of any information is made. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.


16. INDEMNIFICATION


You agree to indemnify, defend and hold us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless, from any and all claims, liabilities, losses, costs, expenses or damages (including any reasonably legal fees and court costs), made by any third party in respect of any matter in relation to or arising from (a) your use of the Website and/or Services; (b) any breach or suspected breach by you of these Terms of Use; (c) User Content; (d) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Website or Services; and/or (e) your violation of any law or the rights of any third party.


17. EXCLUSIONS OF REMEDIES AND LIMITS ON LIABILITY


YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GIFTFIND.CA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST REAL ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS, ADVERTISERS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT, ADVERTISER OR SERVICE PROVIDER SITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. IN NO EVENT WILL GIFTFIND.CA BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MERCHANT, ADVERTISER, USER OR OTHER THIRD PARTY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND THE SERVICES. THE TOTAL LIABILITY OF GIFTFIND.CA TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE WEBSITE OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM; OR (B) FIVE DOLLARS (U.S. $5.00). NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF GIFTFIND.CA TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES; OR (II) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.


GIFTFIND.CA RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR, OR TAKE ANY ACTION GIFTFIND.CA DEEMS APPROPRIATE REGARDING, DISPUTES THAT YOU MAY HAVE WITH USERS, MERCHANTS, ADVERTISER, SERVICE PROVIDERS OR OTHER CUSTOMERS OF OURS. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE WEBSITE OR THROUGH THE SERVICES AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY USER, MERCHANT, ADVERTISER, SERVICE PROVIDER OR OTHER CUSTOMERS OF OURS.


WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL GIFTFIND.CA OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.


18. ELECTRONIC COMMUNICATIONS: NOTICE


The communications between you and us relating to the Website and Services use electronic means. For contractual purposes, you (a) consent to receive communications from us in an electronic form, whether via email or posting on the Website or other reasonable means; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. If you have any questions about the foregoing, please contact us at the following e-mail address: uscustomercare@kelkoo.com.


In our sole discretion, notices to you may also be made via either email or regular mail to the extent we have such email address or regular mail address available. The Services may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Services.


19. TRADEMARK INFORMATION


“GIFTFIND.CA” and other GIFTFIND.CA logos and other product and service names, logos and materials displayed on the Website or through the Services are trademarks, trade names, service marks or logos of GIFTFIND.CA or other entities (the “Marks”). You are not authorized to use any such Marks and without our prior written permission, you agree not to display or use in any manner, the Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.


20. COPYRIGHTS AND COPYRIGHT AGENTS


We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Site or Services;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

• For notice of claims of copyright infringement on the Website or Services, please e-mail info@giftfind.ca


21. GENERAL INFORMATION


These Terms of Use and any additional terms and conditions referred to in them constitute the entire agreement between you and us and govern your use of the Website and the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any dispute between you and us concerning these Terms of Use, the laws of CANADA will apply, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. If you wish to take any legal action, suit or court proceedings against us, you must do so exclusively within the courts located within Ontario Canada. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use continue to apply. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and/or Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Neither you nor GIFTFIND.CA may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies or in the event of any merger, acquisition or sale of all or substantially all of its assets relating to this Terms of Use. The section titles in the Terms are for convenience only and have no legal or contractual effect. You and we are acting as independent contractors, and nothing in these Terms of Use creates an agency or partnership.


22. SURVIVAL


The terms of Sections 2, 4, 6, 7, 8, 9, 10, 11, and 13 through 22, as well as any other limitations on liability explicitly set forth herein will survive the expiration or earlier termination of the Terms of Use for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to Our Content, Our Technology and the Website and Services will survive the expiration or earlier termination of the Terms of Use for any reason.


23. VIOLATIONS


Please report any violations of the Terms of Use to info@giftfind.ca


24. LAST UPDATED


These Terms of Use were last updated on November 16, 2012