Terms and Conditions

Effective Date: July 3, 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

• Gift Buyers – Users who purchase gift certificates for others or 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:

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

Buyers may choose to pay through the Platform using Stripe, in which case they must 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

Services on the Platform are provided by third-party Service Providers. Gifto is not the owner, supplier, or controller of these services, but acts only as an intermediary.

4.2 Accuracy of Service Descriptions

We make every effort to ensure service descriptions and images are accurate but do not guarantee their accuracy or completeness. Service details are provided by the Service Providers, and we are not responsible for inaccuracies or omissions.

4.3 Booking and Availability

Bookings are subject to the availability of the Service Provider. Gifto does not guarantee service availability and is not liable if services are unavailable.

5. Payments and Fees

5.1 Pricing

Prices listed on the Platform are based on those provided by the Service Providers. Updates to pricing may take time to be reflected on the Platform.

5.2 Payment Processing

Payments are processed via Stripe, and by using it, you accept Stripe’s terms and conditions available on their website.

5.3 Refunds and Cancellations

Refunds are subject to the cancellation policy of the Service Provider. Gifto does not provide refunds but will assist with communication regarding cancellations.

6. User Conduct

6.1 Prohibited Actions

By using the Platform, you agree not to:

• Violate applicable laws, rules, or third-party rights
• Transmit harmful, offensive, or illegal content
• Impersonate another person or misrepresent your affiliation
• Interfere with the operation of the Platform or its servers
• Engage in activities that damage or disrupt the Platform’s operation

6.2 Reviews and Feedback

You may leave reviews about services you book through the Platform. By posting reviews, you grant Gifto the right to use, modify, and publish them for promotional purposes. Reviews must comply with our guidelines and cannot 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 guarantees regarding the quality, suitability, or availability of services by Service Providers.

7.2 Limitation of Liability

Gifto’s liability is limited to the amount you paid for the affected service. We are not liable for indirect, incidental, or consequential damages.

7.3 Indemnification

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

8. Privacy

8.1 Privacy Policy

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

8.2 Data Security

We take reasonable measures to protect your data but cannot guarantee 100% security. You provide your data at your own risk.

9. Governing Law and Dispute Resolution

9.1 Governing Law

This Agreement is governed by the laws of Alberta, Canada, without regard to conflict of law principles.

9.2 Dispute Resolution

Disputes will first be resolved through good faith negotiations, and if unsuccessful, through arbitration under Alberta Arbitration Association rules.

10. Miscellaneous

10.1 Entire Agreement

This Agreement and the Privacy Policy together constitute the entire agreement between you and Gifto.

10.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

10.3 Force Majeure

Gifto is not responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, government actions, or technical failures.

11. Contact Information

If you have any questions about these Terms, contact us at support@gifto.ca.

12. Acknowledgment

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