TECHNOBRIGHT INC

Thank you for using GyftEasy! GyftEasy is a platform owned and operated by TechnoBright Inc. (“we”, “us”, “our”, “Company”, etc.), a Canadian corporation headquartered in Toronto, Ontario. We operate a platform which allows end users (“you”, “your”, “user”, etc.) to purchase and send GyftEasy electronic (non-physical) gift cards to other users using the GyftEasy mobile app (“App”) who can then redeem them against third-party merchant gift cards of equivalent value (the “Platform”). Users includes both people who gift GyftEasy cards to other users through the Platform, and users who receive said gifts and redeem them. By accessing our Platform and utilizing our Platform and the services we offer thereunder (“Services”) you hereby expressly agree to these Terms of Service (“Terms” or “Agreement”) and all associated documents incorporated by reference including our Privacy Policy, which is accessible through GyftEasy Mobile application.

These Terms constitute a binding legal contract between TechnoBright Inc. and you. Upon using or accessing this Platform, you will thereby be considered a user and thus be subject to these Terms. If you choose to revoke your consent to these Terms, you may do so at anytime by notifying us at admin@gyfteasy.com and by ceasing use of the Platform immediately. Please note that in such circumstances we will not be able to make any refunds for you and you will lose access to your account with us.

These Terms are subject to change at anytime by us and we may update our Terms without any advance notice to you, unless required by law. It is your responsibility to appraise yourself of any changes and updates to the Terms and to consider your continued compliance with it.

You understand that we are a Platform that sells GyftEasy electronic gift cards to users to gift to other users who can then redeem said gift cards (and other accumulated gift cards within their GyftEasy wallet) from third-party merchants and retailers, and that by redeeming such gift cards, you are entering into third-party contracts with such retailers and merchants and may be further subject to additional contractual agreements beyond the scope of these Terms. It is your responsibility to ensure your agreement with the terms and conditions, as well as the privacy practices and policies of all such third parties that you contract with through the use of our Platform’s Services.

Permitted Use and Jurisdiction

This Platform is meant solely for use by persons who are at least thirteen years of age. By accessing or using our Platform and its Services you are representing that you are at least thirteen years of age. Furthermore, if you are between thirteen years of age and the age of majority in your respective jurisdiction from which you access the Platform, you further represent that you are accessing this Platform and utilizing the Services under the consent and supervision of a parent or guardian who is the party who has registered for an account under the Platform and also agrees to fully bound by these Terms.

This Platform is also governed according to the laws of the Province of Ontario, Canada and is intended for use therein. We do not make any representations or warranties that the Platform and its Services are appropriate for use within any other jurisdictions. If you do access the Platform from locations outside of its intended jurisdiction then you do so at your own risk and are responsible for complying with applicable laws, regulations, and ordinances. This Agreement is governed by and to be construed in accordance with the laws of the Province of Ontario, not withstanding conflict of laws principles. Your use of the Platform may nonetheless be subject to the laws of other jurisdictions. Notwithstanding anything in this Agreement, you agree that to whatever extent a legal proceeding may be brought forth pursuant to your use of the Platform, that such proceedings will be brought forth in the Province of Ontario, and you hereby submit to the exclusive jurisdiction of the Province of Ontario.

Our Services

Our Platform offers an online environment and electronic wallet to purchase and gift to other users electronic (non-physical) GyftEasy gift cards from us which can then be redeemed against electronic gift cards from third-party merchants and retailers. The purchases of GyftEasy gift cards for yourself or others are always final purchases and will not be refunded or returned under any circumstances, save for situations where a refund or return is required by any applicable statute law.

Your GyftEasy gift cards will remain in your GyftEasy wallet until redeemed against gift cards from third-party merchants and retailers through our Platform. GyftEasy gift cards cannot be used in retail stores and are only valid and useable for the purposes of redeeming them against third-party merchant gift cards on the GyftEasy platform. Furthermore, it is understood between the Parties that after a redemption by a user of a GyftEasy Card we are not able to track how the user utilizes said gift card and it will be the user’s responsibility to use the redeemed gift cards in accordance with the given retailers own terms and conditions.

Agreement to Receive Messages

You understand that by using this Platform, you agree to GyftEasy and its affiliates sending you text and email messages for various purposes including but not limited to your use of the Platform, functional purposes, data security purposes, as well as legal and administrative purposes. In addition to the above, you further agree to receiving notifications through the Platform from messages sent through the Platform between users.

Interaction with Third-Party Merchants and Retailers

Our redemption of third-party gift cards is further subject to terms and policies imposed by the third-party merchants or retailers from which you redeem them, and you must ensure that you agree to such third-party terms and policies prior to making a redemption through the Platform. These third-party retailers and merchants may impose specific conditions and rules in connection with the redemption of the gift cards redeemed through our Platform including but not limited to, expiration dates, limits on use, etc., all of which depend on the applicable law of the jurisdiction that you access the Platform from and utilize the gift cards. Third-party merchants and retailers are fully responsible for the terms of their gift card programs and policies, as we have nothing to do with said policies and can not change or affect them in any manner. Said third-party merchants and retailers will be the party liable for any damages, costs, or other liabilities suffered by you in connection with your redemption of their gift cards through our Platform. Your ultimate recourse for any issues with specific gift cards redeemed from third party merchants and retailers through our Platform is ultimately with said third-party, and not through us.

Limits on Use

We, in our sole discretion, may impose limits on the purchasing of GyftEasy gift cards through the Platform, and any other activity on the Platform, without advance warning. This includes imposing limits on the maximum value of permitted transactions by a user per any given time period (either generally or with respect to specific third-party merchants and retailers) or imposing limits on the use or spending of the gift cards in your wallet. Furthermore, third-party merchants and retailers may require us to impose limits on the redemption of their cards and the use of your redeemed cards through our Platform.

We make no guarantees that your gift cards (either GyftEasy cards or third-party merchant cards) will be available for use indefinitely or in any particular matter, and subject to the laws of your particular jurisdiction, we make no guarantees or warranties as to any refunds or redemptions for conventional currency with regard to your gift card wallets. You understand that it is possible that your gift card wallet and balance may be made unavailable (without recourse or compensation) to you without advance notice if, and not limited to, there is a change in legal regulations, business relationships with our third-party merchants and vendors, or if the Platform or TechnoBright Inc. is dissolved or discontinued.

Platform Usage and Redemption fee

We may at any point in the future add a fee that users will be required to pay to use our Services. This fee may be applied to new users who register for GyftEasy and for whom the price required to be paid will be shown to them before registering. We may also later require that existing users pay a fee (the form and structure of which will be decided by us) to continue using GyftEasy. Existing users will be given notification of such new fee via notification through e-mail or the Platform itself.

Payment Options and Processing

We accept payment via credit card only. By utilizing a credit card with our Platform, you are representing to us that you are authorized to use the designated credit card and authorize us to charge said card for processing your purchases of GyftEasy gift cards. If your credit card cannot be verified, is invalid, or is not acceptable for another reason, we may suspend and cancel your purchase without delay or notice. Your purchases through the Platform are processed by a third-party payment services provider, and the collection of your data and Personal Information (as defined in our Privacy Policy) through said third-party payment services are governed by the specific terms and conditions and policies of said third-party payment services. We accept no responsibility for any loss you may incur or suffer due to any mistake, error, omission, or service interruption that is caused due to the actions of the third-party payment service providers.

International Users and Forex Charges

Users who purchase GyftEasy gift cards to send to international users (users outside of Canada) will be subject to an added forex fee.

The forex rate that will be applied based on the rate listed by the Platform. If the recipient is a registered user of the Platform, the sender will be able to see the forex rate that will be applied prior to sending the GyftEast gift card. However, if the user receiving the card is not a user registered with the Platform, then the forex rate applied will be based on the recipient user’s country of registration by a forex market rate we select. Recipient users will not be able to know this rate in advance or consent to or reject it. The Platform will charge a commission (which will be shown to the sender prior to sending) associated with the gifting of GyftEasy cards to other international users.

Errors

While we attempt to be as accurate as possible in the listing of information (including but not limited to prices) for the products that we sell, we do not represent, warrant, or guarantee that any information about GyftEasy gift cards (or other third-party merchant gift cards) will be completely accurate, reliable, current, or without any errors of any kind. If an error occurs in the confirmation of a purchase of a GyftEasy card or in the redemption of the card of a third-party merchant, we reserve the right to correct said error and revise your purchase or redemption accordingly (including but not limited to charging the correct price) or to cancel the purchase and refund any amount charged to you or taken out of your wallet in the redemption of a third-party merchant gift-card.

Your User Account

To utilize our Services, you will be prompted to create a user account, which requires you to submit to us information the treatment and collection of which is governed by our Privacy Policy, incorporated herein by reference. You hereby warrant and assure us that all such submitted information (“User Data”) is true, accurate, and complete. Your account must only be solely utilized by yourself, the account holder and users authorized to use the account. We accept no responsibility for any harm stemming from your inability to secure your login information (username or e-mail address, and your password), and the duty to secure such information to keep it confidential and safe rests solely with you. Please ensure that your login information is kept out of reach of others and that your account is not accessible by anyone except yourself.

Your use of the Platform and your account thereunder is subject to the following restrictions, all of which form prohibited uses of our Platform and associated Services: using the Platform for (a) any unlawful purpose; (b) to engage in, facilitate, or assist with, directly or indirectly, any illegal or unlawful act or purpose, including but not limited to money laundering or tax evasion; (c) to further violate any international, federal, provincial or state, or local regulations, rules, laws, or local ordinances; (d) to exploit any flaw, error, or bug in our Platform or in the products offered by our third-party merchants and retailers; (e) to submit false or misleading data or information of any kind; (f) to upload or transmit viruses or any type of malicious code that will or may be used in any way that will affect the functionality or usability or operation of the Platform; (g) to collect or track the data or Personal Information of others; (h) to spam, phish, farm, spider, crawl, or scrape the Platform; (i) to reverse engineer or deconstruct or reconstruct any component of the website; (j) to interfere or circumvent any of the security features of the Platform.

The foregoing list is not exhaustive, and we may further deem any act or omission by you to be a violation of these terms, if in our sole and absolute discretion, we deem said act or omission to be a violation of the spirit of the foregoing list, or any other restriction contained in these Terms.

If you violate the foregoing lists, or any other portion of these Terms and other legal agreements and policies incorporated by reference, we may, in our sole and absolute discretion, immediately delete, restrict, or otherwise cease your access to your account and your GyftEasy wallet and repository of third-party merchant gift cards therein, without any advance warning, compensation, recompense, or recourse, of any kind whatsoever. Furthermore, if we suspect that fraudulent, tortious, or any illegal actions are taking place by you in your use of the Platform, we reserve the right to contact law enforcement and report you for such suspected actions.

User Guidelines

As regards any submissions of text, pictures, images, audio, video files, or any other submitted data by you in connection with your use of the Platform, you hereby agree to only make such submissions in accordance with the following rules. Any violation or perceived violation, judged in our sole and absolute discretion, may result, without any advance warning to you or compensation or recompense of any kind, in deletion of your account and the resulting loss of your gift cards therein. You agree not to (in addition to such other rules as enumerated in these Terms): impersonate any entity or person, display, or promote any obscene, violent, discriminatory, harassing, or abusive act; render threats to any particular person or group or institution; depict nudity or vulgar content.

Termination and Access Restriction

We reserve the right, in our sole and absolute discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Platform or these Terms pursuant to the Arbitration clause. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including, without limitation, this section.

Deceased Users

In situations where users are deceased, executors and estate trustees (or equivalents thereof depending on the particular jurisdiction of the deceased) are, in accordance with these Terms, forbidden from accessing the deceased User’s account except with our express written consent. Executors and estate trustees must submit to our customer service representatives the required documentation (depending on the deceased user’s jurisdiction) evidencing their status as executors and estate trustees in order for the user’s account to be assigned to the executor/estate trustee.<

YOU, AND YOUR PERMITTED ASSIGNS AND SUCCESSORS, WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AGAINST YOU OR YOUR ACCOUNT (INCLUDING BUT NOT LIMITED TO DELETING YOUR ACCOUNT AND VOIDING THE GIFT CARDS OR FUNDS IN YOUR WALLET), AND ADDITIONALY BY ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

Intellectual Property and Copyright

Unless otherwise provided for herein or in any other legal agreements to which you are bound in connection with your use of the Platform, all content and materials displayed in or on our Platform, including without limitation our logo, our legal agreements, and all other designs, graphics, software processes, pictures, information data, sound files, and other such files made available through the Platform are owned entirely by TechnoBright Inc. or our licensors, in accordance with Canadian intellectual property law.

We give you a limited, non-exclusive, and non-sublicensable, non-transferrable, non-assignable right to access the Platform for the purpose of purchasing and gifting GyftEasy gift cards and for sending messages or performing other acts ancillary to the purchasing and gifting of gift cards as facilitated by the Platform. This Platform is meant solely to be used by end-user consumers and not for any commercial purposes, or by any party meaning to sell, use, reverse engineer, redistribute, sub-license, or make commercial use of the Platform or any component of it. You are prohibited from modifying, altering, or making any derivative use of the Platform and the Services provided herein. Except as described in these Terms, no title, interest, rights (proprietary, moral, or otherwise) shall transfer to you upon your creation of an account or any other type of use of our Platform. The downloading of any content from us, such as the case may be, does not create an ownership interest in such content. Such content is owned always by TechnoBright Inc., our affiliates, partners, third-party merchants and retailers, or other licensors, and same is protected by Canadian copyright and intellectual property laws and treaties.

No Guarantees or Warranty

The Platform is provided “as is” and without warranty as to condition. Out Platform may not be free of glitches, errors, or interruption, and may not in any particular circumstance meet your requirements. You acknowledge that we hold no responsibility for any loss (including but not limited to loss of your gift card wallet (GyftEasy cards or third-party merchant cards) or payments made through the Platform) you may incur due to any glitches, errors, interruptions as our Platform may have, no matter the cause. You agree to waive all special, indirect, incidental, or consequential damages of any kind whatsoever, even if we have been advised in advance of the possibility of such damages, which result from the use of, or inability to use, the Platform, despite the cause. We expressly disclaim all implied or express warranties of merchantability or fitness for a particular purpose, even if such is implied from representations by our representatives.

Limitation of Liability

Except where such exclusions are prohibited by law, under no circumstances will TechnoBright Inc., nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of funds, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly or actually advised or had reason to know, arising out of or in connection with your use, or inability to use, or your reliance on, the Platform, or any third-party platforms accessed through our Platform.

Indemnification

To the maximum extent allowable by applicable law, you agree to defend, indemnify, and hold harmless TechnoBright Inc., its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Platform, including, but not limited to, your purchases, the information you submit, third-party platforms, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.

Dispute Resolution – Arbitration

You hereby expressly and without limitation waive any and all claims you may have now or in the future, arising out of or relating to your use of the Platform and the subject matter herein.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration in the Province of Ontario. You further agree to and do hereby waive any right to class arbitration and agree instead to conduct arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extend permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for administration of the same.

General

Promotional Content: You agree to have sent to you promotional content and materials from us in electronic form to your e-mail, displaying or promoting either our Platform and offerings or those of third parties. You agree to such content and materials being sent to you in e-mail form, text message form, and smartphone notifications.

Severability: If any term or provision of these Terms is invalid, illegal, or unenforceable in any respect in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

No Waiver: Enforcement of these Terms shall be done according to our sole and absolute discretion and the lack of enforcement or waiver of any particular provision or dimension does not constitute a continuing waiver of the same or any other provision or dimension of the Agreement.

Assignment: You may not assign this Agreement and the obligations unto you through it to any other person or entity, except with our express written permission. All provisions and obligations contained herein may be assigned by us to our successors and assigns, without warning to you.

Entire Agreement: These Terms of Service, and any documents incorporated by reference, constitute the entire agreement between you and TechnoBright Inc. pertaining to the subject matter herein and supersedes all prior or other understandings, agreements, discussions, or arrangements, whether written or otherwise.

Last Updated: 16-Sep-2023

For more information about these Terms and our products and services, please contact us at admin @gyfteasy.com