Terms and Conditions

Effective Date: December 1, 2025

These Terms and Conditions ("Agreement") govern your use of the Gifto website (the "Platform") and the services provided by Gifto Canada Inc. ("we", "our", or "us"). By using our Platform, you ("User", "Customer", or "you") agree to this Agreement.

If you do not agree to these Terms, please do not use the Platform.

1. General Information

1.1 About Gifto

Gifto is an online platform that connects users with experiences, such as adventure activities, workshops, and other services provided by various partners ("Service Providers"). We act as an intermediary for selling and booking these services but are not the direct provider of the services.

1.2 Changes to the Terms

We reserve the right to change, update, or modify these Terms at any time. Any changes will be posted on this page, with the date of the last update displayed at the top of the page. Your continued use of the Platform after such changes indicates your acceptance of the updated Terms.

2. Types of Users

The Platform serves two types of users:

  • Gift Buyers – Users who purchase gift certificates for others or for themselves.
  • Gift Recipients – Users who receive gift certificates and activate them to book services.

3. User Accounts and Personal Data

3.1 Gift Buyers

Buyers provide personal information during the gift certificate purchase process, including but not limited to:

  • Last name
  • First name
  • Phone number
  • Email address
  • Delivery address (if the "gift delivery by courier" option is selected)

Buyers may choose to pay through the Platform, using the Helcim payment system. In this case, they are required to provide their bank card details to complete the transaction.

3.2 Gift Recipients

Gift recipients must provide the following data to activate their gift certificate and book a service:

  • First name
  • Last name
  • Gift certificate number
  • Gift certificate secret code
  • Gender (male or female)
  • Phone number
  • Email address

4. Services and Content

4.1 Service Providers

The services offered on the Platform are provided by third-party Service Providers. Gifto is not the owner, supplier, or controller of these services; we act as an intermediary for booking and selling.

4.2 Accuracy of Service Descriptions

While we make every effort to ensure the accuracy of service descriptions and images on the Platform, we do not guarantee their accuracy or completeness. All service details are provided by the Service Providers or our team, and we are not responsible for any inaccuracies or omissions.

4.3 Booking and Availability

Bookings made through the Platform are subject to the availability of services with the Service Provider. Gifto does not guarantee service availability and is not liable for unavailable services.

5. Payments and Fees

5.1 Pricing

Prices on the Platform are the same as the prices set by the Service Providers, but if a Service Provider updates their price, it may take some time for the price to be updated on the Platform.

5.2 Payment Processing

Payments for services purchased through the Platform are processed via the Helcim payment system. By making a payment through the Platform, users accept all terms and conditions set forth by Helcim, available on the Helcim website.

5.3 Refunds and Cancellations

Cancellation is subject to the cancellation policy set by the individual Service Provider. You must review the cancellation terms of the service before booking. Gifto does not provide refunds for canceled services. The return/refund policy is governed solely by Gifto Canada Inc. (by the laws of Canada (https://www.canada.ca/en/financial-consumer-agency/services/payment/gift-cards.html#toc1) and the Province of Alberta (https://www.alberta.ca/information-about-gift-cards#jumplinks-2). Gifto does not offer returns or refunds after a certificate has been purchased).

5.4 Expiration Date

Each certificate has an expiration date based on the purchase date. By placing an order, gift buyers agree to the terms regarding the expiration date of the certificate.

6. User Conduct

6.1 Prohibited Actions

By using the Platform, you agree not to:

  • Violate applicable laws, rules, or third-party rights;
  • Use the Platform to transmit harmful, offensive, or illegal content;
  • Impersonate any person or organization or misrepresent your affiliation with any person or organization;
  • Interfere with the normal operation of the Platform or its servers;
  • Engage in any activities that may damage, disable, or disrupt the Platform's operation.

6.2 Reviews and Feedback

You may leave reviews and comments about the services you book through the Platform. By posting such materials, you grant Gifto the right to use, modify, and publish your review in connection with promotional activities of the Platform. Reviews must comply with our content guidelines and must not be defamatory or offensive.

7. Limitation of Liability

7.1 Disclaimer of Warranties

The Platform and services are provided "as is" and "as available." Gifto makes no representations or warranties regarding the quality, suitability, or availability of services provided by Service Providers. We do not guarantee the accuracy or completeness of information posted on the Platform.

7.2 Limitation of Liability

Gifto's liability to you for any losses arising out of your use of the Platform is limited to the total amount you paid for the service that caused the issue. We are not liable for any indirect, incidental, special, or consequential damages, including loss of profits or data.

7.3 Indemnification

You agree to indemnify and hold Gifto harmless from any claims, damages, losses, or expenses arising out of your breach of this Agreement or your use of the Platform, including third-party claims.

8. Privacy

8.1 Privacy Policy

Use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data.

8.2 Data Security

We take reasonable measures to protect your personal data, but no data transmission over the Internet is 100% secure. You acknowledge that you provide your personal information at your own risk.

9. Governing Law and Dispute Resolution

9.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles.

9.2 Dispute Resolution

Any disputes arising out of this Agreement will first be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it will be submitted to mandatory arbitration under the rules of the Alberta Arbitration Association.

10. Miscellaneous

10.1 Entire Agreement

These Terms of Use, along with our Privacy Policy, constitute the entire agreement between you and Gifto regarding the use of the Platform.

10.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

10.3 Force Majeure

Gifto is not responsible for any failure or delay in fulfilling its obligations under this Agreement due to circumstances beyond its reasonable control, including natural disasters, actions of government authorities, or technical failures.

11. Contact Information

If you have any questions or concerns about these Terms of Use, please contact us:

Gifto
Email: support@gifto.ca

12. Acknowledgment

By using the Platform, you acknowledge that you have read, understood, and agree to these Terms of Use.