The GIVEX Gift Card Store
ONLINE SERVICES SOLD THROUGH PORTAL.
Givex offers various online services for purchase and use through this Portal (collectively, the “Services”). The TOU does not govern the sale, purchase or other use of the Services. The Services, including any updates, enhancements, or new features, are governed by the agreement(s) under which you purchase or use them.
ACCOUNT, PASSWORD AND SECURITY.
If any part of the Portal requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as indicated in the applicable registration form. You will also be required to choose a password and provide a user name (which will be your email address). You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Givex immediately of any unauthorized access or use of your account and any other breach of security. Givex will not be liable for any losses you experience as a result of unauthorized access to or use of your password or account, either with or without your knowledge. However, Givex may hold you liable for losses incurred by Givex or another party due to unauthorized access or use of your account or password or other breach of security.
NOTICE REGARDING PORTAL, TOOLS, SOFTWARE AND DOCUMENTS AVAILABLE VIA THE PORTAL.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PORTAL AND THE INTERNET GENERALLY. IN NO EVENT WILL GIVEX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY TOOLS, SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL. NOR SHALL GIVEX OR ANYONE INVOLVED IN CREATING OR MAINTAINING THE PORTAL BE LIABLE FOR ANY SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO RELIANCE BY A MEMBER OR VISITOR ON ANY INFORMATION OBTAINED VIA THE PORTAL; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, VIRUSES, ERRORS, DEFECTS OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS WHETHER OR NOT GIVEX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOFTWARE AVAILABLE FROM THE PORTAL.
Any software that is made available to download from the Portal ("Software") is the copyrighted work of Givex and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by Givex and by law, and may result in civil or criminal penalties.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, GIVEX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, GIVEX MAY MAKE AVAILABLE THROUGH THE PORTAL TOOLS FOR USE AND/OR DOWNLOAD. GIVEX DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS.
DOCUMENTS AVAILABLE FROM THE PORTAL.
Permission for you to use documents, such as help topics, datasheets and FAQs (collectively, "Content"), that are made available on the Portal is hereby granted, provided that you (a) do not remove any copyright notice, (b) use of the Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (c) do not modify the Content. Use for any other purpose is expressly prohibited by Givex and by law, and may result in civil or criminal penalties.
Content exemplified above do not include the design or layout of the Portal. Elements of the Portal are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Portal may be copied or retransmitted unless expressly permitted by Givex.
GIVEX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT FOR ANY PURPOSE. THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GIVEX AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INTELLECTUAL PROPERTY RIGHTS.
The text, images, graphics, content, sound files, animation, video and/or their arrangement on the Portal are subject to intellectual property right protection and may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Givex. Givex or its suppliers retain all right, title and interest in and to the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Givex reserves all rights not expressly granted. This TOU does not grant or imply any rights to any Givex or supplier trademarks, trade names or logos.
All remarks, suggestions, ideas, graphics, or other information communicated to Givex through or by reason of this Portal (collectively, “Submissions”) will be the property of Givex. Givex will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Givex operations. Without limitation, Givex will have the exclusive ownership of all present and future existing right to the Submission of every kind and nature everywhere. Givex will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to the Portal you acknowledge that you, not Givex, have full responsibility for the material you submit, including its legality, reliability, appropriateness, originality and copyright.
You shall not submit, post, email, or otherwise transmit on or though the Portal or on or through any product or service available on or through the Portal any words, images, designs, photos or other information or content of any kind that is obscene, pornographic, vulgar, violent, profane, abusive, harmful, threatening, discriminatory in any way, libelous, defamatory, offensive, inflammatory, incorporates a celebrity or other famous person's name or likeness (whether such person is living or deceased), incorporates the name or likeness of any criminal or notorious person or image, depicts, glorifies or makes reference to illegal drugs or drug abuse or weapons of any sort, incorporates any material which infringes any patent, trademark, trade secret, copyright, moral right or other intellectual or proprietary right of any person, firm, corporation or other entity, or is unlawful or would otherwise violate any local, provincial, state, federal or international law. Failure to comply with these requirements may result in your submission, post, email or other transmission being refused by Givex and your product or service order or request being declined.
This TOU will be governed and interpreted pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the TOU will be subject to the exclusive jurisdiction of the courts in the Province of Ontario. The Portal may be linked to other sites which are not maintained by Givex. Givex is not responsible for the content of those other sites.
You may contact Givex about the Portal and this TOU at c/o Givex Canada Corp., 134 Peter Street, Suite 1400, Toronto, Ontario, Canada M5V 2H2. Attention: President.