Terms and Conditions for Gift Cards
Welcome to FoodPages.ca. The following terms and conditions (the "Agreement") form a binding agreement between you and FoodPages.ca, Inc. with its registered headquarters in Ottawa, ON. which is sometimes referred to as "Foodpages," "we," "us" or "our." Our e-mail address is firstname.lastname@example.org
Conditional Use of Gift Cards Purchased on FoodPages.ca
Your permission to purchase Gift Cards on FoodPages.ca is conditional upon your agreement that you:
- are 13 years of age or older, but are 18 years of age or older to purchase any Gift Card;
- will comply with these Terms of Service;
- will not copy or distribute any part of FoodPages.ca in any medium without FoodPages' prior written authorisation;
- will provide accurate information when creating an account or purchasing Gift Cards on FoodPages.ca;
- are solely responsible for your User ID and the activity that occurs while signed in to or while using Foodpages.ca using your User ID;
- will not use FoodPages to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- represent that you own or have the necessary licences, rights, permissions, and consents to use and authorise FoodPages to use any and all Content submitted by you to FoodPages in accordance with the licences granted in this Agreement;
- hereby grant each FoodPages user a non-exclusive licence to access the Content you submit through FoodPages and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through FoodPages' functionality and under these Terms of Service;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to FoodPages; and
- hereby agree that we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Your Account And FoodPages.ca Profile
If you choose to create an account in order to purchase Gift Cards you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a "User ID"). Access to the FoodPages Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by FoodPages may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Non-Confidentiality, Security And Privacy
The information you submit to FoodPages.ca will never be shared, sold or distributed in any form to any third party under any circumstances. The information that you submit when purchasing a gift certificate will be printed on the Gift Card that you have to display to the establishment for which it is valid. It will not be available to the merchant for any solicitation purposes other than validating the ownership of the Gift Card itself. Other information, such as credit card information provided in connection with the purchase of a Gift Card, is maintained with appropriate privacy and security protections and is subject to the PayPal (LINK) term and services.
Any communications between you and FoodPages, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Rules Regarding Information And Other Content
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.
General Rules Of User Conduct
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
- conduct or promote any illegal activities while using the Site or Services;
- upload, distribute or print anything that may be harmful to children;
- attempt to reverse engineer or jeopardise the correct functioning of the Site 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 Site;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate or distribute unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services; or
- impersonate another user.
Links To Third Party Sites
We don't have control over websites that FoodPages may link to. FoodPages may contain links to third party websites that are not owned, operated, or controlled by FoodPages. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using FoodPages.ca to purchase Gift Cards you expressly relieve us from any and all liability arising from your use of any third party website.
FoodPages.ca provides consumers with opportunities to purchase gift certificates third party merchants ("Merchants") without a time limited promotional added value. Merchants have the option to offer attractive promotions in order to reach the FoodPages.ca community.
1. How It Works
By purchasing a Gift Card, you make an offer to purchase the gift certificate you have selected on the terms, restrictions and conditions associated with the Gift Card. Once you've placed your order, you will receive a confirmation of the Gift Card and your credit card will be charged for the amount of the Gift Card through PayPal. The value of each Gift Card is solely determined by the establishment or merchant that has made it available for purchase.
2. Expiration Dates
Gift Cards purchased through FoodPages.ca do not have an expiration date. However, we strongly recommend you redeem the Gift Card within one (1) year of the purchase date at the latest. Furthermore, we strongly recommend you make contact with the merchant for which the Gift Card is valid for before attempting to redeem the Gift Card.
The Merchant is obligated to honour the Gift Certificate in compliance with law
3. Gift Card Specific Terms
Each Gift Card has specific terms associated with the Gift Certificate, which will be presented to you before you commit to purchase the particular Gift Card. Gift Card specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
4. Gift Card Terms
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Gift Cards:
- no change, cash back [or credit] will be issued for partial redemption of the paid portion of a Gift Card, except as required by law,
- no change, cash back or credit will be issued for partial redemption of the promotional portion of a Gift Card,
- Gift Cards cannot be combined with any other coupons or promotions unless otherwise noted on the Gift Card,
- Gift Cards cannot be redeemed against any taxes, tips, prior balances or purchases, unless otherwise noted on the Gift Certificate,
- neither Foodpages nor the Merchant is responsible for lost or stolen Gift Cards or Gift Certificate reference numbers,
- Gift Cards are issued to you personally and duplicate use, sale or trade of a Gift Card is prohibited,
5. Merchant Responsibility
To be clear, FoodPages markets the Gift Certificates and acts an as agent in selling the Gift Cards on behalf of the Merchants. But the Merchant is the issuer of the Gift Card. As issuer of the Gift Card, the Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By purchasing a Gift Card, a customer acquires the right to print a Gift Certificate issued by the participating Merchant and to use the Gift Certificate according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
6. Products Available For Sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas outside of Canada. FoodPages reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Gift Certificate for any product or service to a person residing in any jurisdiction or geographical area. FoodPages does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately stop using our Site and our Services. Any Gift Card issued prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such Gift Certificate.
Limitations of Liability
We do not accept liability for death or personal injury caused by products or services redeemed by the Gift Cards purchased on FoodPages.ca. The merchant is the sole representative of such liability. You have certain rights under the law which include that we will provide the Site and Services to a reasonable standard. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact the Office of Consumer Affairs.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the total amount of the purchase value of the Gift Card. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for:
- losses not caused by our breach;
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
- Content posted by other users;
- contracts entered into with third parties;
- loss of data;
- loss of goodwill;
- computer malfunction or failure;
- business or commercial losses caused to non-consumers; or
- failure to provide the Site or Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. "Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Site or Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
You agree to compensate FoodPages for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by FoodPages which are caused by your breach of this Agreement or any claim that any Content submitted by you causes damage to or infringes the rights of a third party. This compensation obligation will survive the termination or expiry of this Agreement.
Reservation of Rights and Release
FoodPages reserves the right, but has no obligation, to monitor, or take any action FoodPages deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any Content posted on the Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trade-marks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. "FoodPages" is our trade-mark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trade marks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on FoodPages, excluding all intellectual property of other sites obtained by way of API and/or linking and Content posted by our customers, is owned by FoodPages. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to FoodPages, subject to copyright and other intellectual property rights under Canadian law, the law of the jurisdiction where you reside, and international conventions. Content provided by FoodPages is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trade marks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, 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 Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights), 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 respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. FoodPage's designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com.
The communications between you and FoodPages use electronic means, whether you visit the Site or send us emails, or whether FoodPages posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from FoodPages in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FoodPages provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Changes to this Agreement and Waivers
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using our Site and our Services. Your use of our Site and our Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or agreement by FoodPages not to enforce its rights under this Agreement shall not be valid or effective except in a written agreement bearing the physical signature of an officer of FoodPages. No purported agreement not to enforce and right or modification of this Agreement by FoodPages via telephone or e-mail shall be valid.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.
You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into Agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you confirm that you are, in any case, 13 years of age or older. If you aren't, you must please stop using our Site and our Services.
This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.
Last updated: November 26, 2012
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- Gift Cards and the cash value they represent can be used to purchase any items available in the establishment that has issued them, through FoodPages.ca.
- Gift Cards are in Canadian dollars.
- Gift Cards cannot be used or redeemed without the authorized claim code, cannot be redeemed for cash, cannot be replaced if they are lost or stolen, cannot be used or redeemed towards previous purchases, cannot be used or redeemed to purchase other Gift Cards, cannot be resold, and are not refundable.
- Gift Cards do not have an expiration date.
- Any Gift Card purchase requires the use of a valid credit card or Paypal to complete the transaction.
- Gift Cards and their use are subject to FoodPages.ca’s Terms of Service. We reserve the right to change the Gift Card terms and conditions from time to time at our sole discretion.
- Gratuity is not included
- Entire value must be used in one visit
- Cannot be combined with any other offer or promotion
- FoodPages.ca Full Terms and Conditions for Gift Cards