MERCHANT & GIFT/CADEAU: LEGAL TERMS AND CONDITIONS: ALL USERS HAVE READ, UNDERSTOOD AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS TO PURCHASING GIFT CARDS ONLINE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE ANYTHING ON THIS WEBSITE. The Merchant (the "Merchant") Digital and Physical Gift Cards are sold and distributed by GIFT/CADEAU 18888998897 and SEE MY PASS ("GIFT/CADEAU "), a Canadian corporation operating under the name of MARKETUCAN TECHNOLOGIES INC. Although GIFT/CADEAU is the online sales solution through which such Digital and Physical Gift Cards are sold, the contract governing the obligation, ownership, use and redemption of Digital and Physical Gift Cards is between USER and the Merchant. By purchasing a Digital and Physical Gift Card on this site, you agree to be bound by the legal terms and conditions governing the sale and use of Digital and Physical Gift Cards as defined by the Merchant and the Merchant is bound to respecting the local consumer governing laws for the sale of their gift cards. The Merchant reserves the right to revise these Legal Terms and Conditions at any time. PURCHASE In order to purchase Digital and Physical Gift Cards made available on this website you will be required to enter information, which includes credit card and related payment and billing information. In the act of providing such information, you warrant that it is both current and accurate. The act of making a purchase, confirms that you agree to pay all charges incurred by yourself or users of your credit card as the Purchaser. Purchases of Digital and Physical Gift Cards are subject to a security check that compares Purchaser information provided on the website with information about the Purchaser provided by his/her financial institution. The Information provided through the process of purchasing a product may be used by Merchant or GIFT/CADEAU and they reserve the right to contact Purchaser regarding any order for validation purposes. In the event of any discrepancy, your purchase will be refused. The Merchant and GIFT/CADEAU reserve the right to refuse an order by a Purchaser for any reason. USAGE The Merchant’s Digital and Physical Gift Cards can be redeemed at any of the Merchant’s participating stores as per their terms of use. The Merchant’s Digital and Physical Gift Cards are only valid after the purchases have rendered full payment. Purchasers are responsible for notifying Customer Service if a Merchant’s Digital and Physical Gift Card has not been received within one (1) week of the confirmed delivery date. The Merchant’s Digital and Physical Gift Cards have cash value and must be safeguarded accordingly. MESSAGES Personal messages are limited in length to the space provided online through the ordering process. There is no additional charge to include a personalized message. Users shall not use any personalized message that is inappropriate, offensive or otherwise objectionable and will be solely responsible for any losses, damages, costs or claims associated with the personalized message. Furthermore GIFT/CADEAU or the Merchant reserve the right at their sole discretion to not print messages that are deemed to be inappropriate for any Physical Gift Card Order. DELIVERY The Merchant and GIFT/CADEAU are not responsible for Digital and Physical Gift Cards that are undeliverable or were not received due to your failure to enter an accurate address or email address for the recipient. Purchaser needs to verify and ensure that the relevant delivery postal address or email address of the recipient is correct. If you have confirmed the recipient’s email address but the virtual gift card has not been viewed within a reasonable period after the requested delivery date, here are the most common reasons why the delivery may have failed: • Recipient’s firewall blocked the email • Spam filter blocked email or routed it to a bulk/spam folder • Email inbox is over size limit • Invalid email address. If a spam filter is blocking virtual gift card emails from getting to an inbox, the Purchaser needs to contact the recipient to modify their email options so that Digital Gift Cards email address are not considered spam and recipient can view the Digital Gift Card. Shipping for Physical Gift Cards placed will be processed on weekdays, excluding weekends and legal holidays same day before 12 PM EST and shipped according to the shipping option chosen. Orders placed after 1PM EST will be processed the following day and shipped according to the shipping option chosen. If Purchaser believes the recipient did not receive his/her Digital and Physical Gift Card, the Purchaser may contact the Customer Service department. ACTIVATION A security activation process has been implemented to help prevent any potential fraud. All Digital Gift Cards will be authenticated with a validation link provided to recipient. If the Validation link has not been clicked on then the Digital Gift Card will remain inactive. All Physical Gift Cards will be accompanied with instruction to activate the gift card upon reception by recipient. If recipient does not comply with the instructions then the card will remain inactive. Inactive Digital and Physical Gift Card cannot be used at Merchant’s locations and online website. CUSTOMER SERVICE If the confirmed delivery date for the Digital and Physical Gift Card has passed and Purchaser have not received confirmation by email that the gift card was sent, please contact Customer Support. If you need assistance with the purchase of your Gift Card, please contact GIFT/CADEAU Customer Support at RETURNS All Sales are final. Digital and Physical Gift Cards cannot be returned or redeemed for cash unless otherwise required by law. No refunds will be given for any unused balance on the Gift card. LOST or STOLEN GIFT CARDS Reported lost or stolen Digital and Physical Gift Cards may be replaced (shipping and handling fees will be applied to recipient) so long as the card is still unused within the Merchant’s system. Digital and Physical Gift Cards will not be replaced if lost or stolen without the purchaser’s confirmation, email, personal information and proof of payment. If your gift card has been reported lost or stolen and has been used within the Merchant’s system, an investigation will be required. The customer will need to sign an affidavit with a notary public relative to the missing product. To begin an investigation into such an issue, please contact us. We are not responsible for lost or stolen virtual gift cards. EXPIRATION & LIMITATION Unless otherwise stated within the Merchant’s terms or required by law, the gift cards have no expiration date and no maintenance fees. Users cannot use their Digital and Physical Gift Cards to purchase other virtual gift cards. Digital and Physical Gift Cards cannot be reloaded, transferred, resold or redeemed for cash. Risk of Loss Ownership and risk of loss of Digital and Physical Gift Cards passes to the Purchaser or recipient from the moment we send confirmation. WARRANTIES THE MERCHANT DOES NOT MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO VIRTUAL GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A VIRTUAL GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE MERCHANT’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD TO THE VERIFIED REMAING BALANCE OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT THE MERCHANT BECOMES INSOLVENT, MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, FILES A VOLUNTARY PETITION OF BANKRUPTCY, SUFFERS OR PERMITS THE APPOINTMENT OF A RECEIVER FOR ITS BUSINESS OR ASSETS, OR BECOMES SUBJECT TO ANY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING GIFT CARD BALANCES (AND REMAINING BALANCES ON SUCH CARDS) WILL BE REDEEMABLE ONLY AT THE DISCRETION OF AND TO THE EXTENT DEEMED APPROPRIATE BY THE MERCHANT’S TRUSTEES OR APPOINTED LIQUIDATORS. Warranties THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. INDEMNIFICATION You agree to defend, indemnify and hold harmless the Merchant and its respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of your use of this site. TRADEMARKS You may not use the trademarks, logos, service marks or other proprietary designations of the Merchant or their partners or affiliates without containing prior written consent. Disputes and Governing Law Any dispute relating to the purchase of virtual gift cards shall be adjudicated in the jurisdiction of the Merchant’s Canadian headquarters. The applicable governing law shall be the jurisdiction of the Merchant’s Canadian headquarters.