Privacy Policy and Terms of Use

Updated August 19, 2015

Summary

The below bullet points provide a short overview of the below Terms of Use in simple language. This is not a complete summary of the below Terms of Use. Please read the entire Terms of Use carefully and contact us with any questions.

  • Gifting Sense Inc. is not a financial advisor. Gifting Sense Inc. does not provide, recommend, or endorse any specific financial advice.
  • Gifting Sense Inc. does not guarantee results or outcomes.
  • You are responsible for the security of your own account and all actions taken within your account, including the protection of your password. Illegal activity is not permitted and will not be tolerated.
  • Use of GiftingSense.com is at the User’s discretion.
  • Content on this Website is not financial advice and is provided for informational purposes only. As such, it is not a replacement for financial advice from a qualified professional.
  • Gifting Sense Inc. is happy to answer questions to provide more details on our services. Feel free to contact us at any time and please do not use the site until you are comfortable with these Terms of Use.

Gifting Sense Inc. Terms of Use

This document (“Terms of Use“) governs all services provided by Gifting Sense Inc. (“we” or “us” or “Gifting Sense”) through the GiftingSense.com (“Website”), and all content, services, and products available at or through the Website. These Terms of Use are very important and explain the relationship between us and users of the site (“Users” or “you”).

Definitions

Agreement” means all of the terms, conditions, and notices contained or referenced in the Terms of Use and all other Gifting Sense rules and policies (including but not limited to our Privacy Policy and procedures that may be published on the Website.

Content” means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website.

Service” means all of the services provided by Gifting Sense, including but not limited to all Content, services, and products available through the Website. Gifting Sense is not a financial advisor, and all forms of financial advice or financial services are explicitly excluded from the Service.

User,” “you” and “your” refer to the person, company, or organization that has visited or is using our Website and/or our Service.

About Our Service

Gifting Sense provides an online informational platform that allows for collection and scoring of information in the field of financial literacy with respect to gifts and/or experiences. Our role is limited to providing fun and informational resources. Gifting Sense is not offering financial services and does not offer any financial advice, financial opinions, recommendations, referrals, or counseling. Gifting Sense maintains the Website for your personal information, entertainment, and enjoyment. Please feel free to browse and use the site. At the same time, please remember that your access to the Website is subject to these Terms of Use as well as applicable laws. By accessing and using the Website you accept the Terms of Use without limitation or qualification and acknowledge that any other agreements you may have with Gifting Sense are superseded by the Terms of Use, to the extent any conflicts exist.

Information On This Website

Information that includes all facts, data, and other information (“Information”) on the Website is of a general nature, is intended only for informational purposes, is subject to change without notice, and is not intended to be relied on by Users as advice on any particular matter.

Gifting Sense makes no guarantees, representations, or warranties, whether express or implied, with respect to the Information.

Gifting Sense Is Not a Financial Advisor and Does Not Provide Financial Services

Through articles, opinions, and other content on the Website, Gifting Sense may provide general information about finances. All such information is general in nature. Gifting Sense does not make any direct assessment of your financial issues, needs, or requirements.

Release and Indemnification

By using the Website and/or Service, you agree that your legal remedies are limited to claims against third parties who caused you harm.

You agree to indemnify and hold harmless Gifting Sense from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.

Users must not be under age 13.

The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

Compliance with Laws

You represent and warrant that: (i) you have the authority to bind yourself to the Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with local, provincial, and federal laws, rules, and regulations, and with all other Gifting Sense policies.

User Conduct

You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining, or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.

Prohibited Content

You agree that you will not under any circumstances use the Website to transmit any Content that is unlawful or promotes unlawful activities; defames, harasses, abuses, threatens, or incites violence toward any individual or group; is pornographic, discriminatory, or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; impersonates any person or entity, including any of our employees or representatives; or violates the privacy of any third party.

Gifting Sense May Monitor Interactions

At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service and Website. Further information is available on our Privacy Policy.

Right to Terminate Accounts

We reserve the right but not the obligation to, in our sole discretion, determine whether any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.

Third Party Content

There may be content from third parties on the Website. We are not responsible for that content, nor do we endorse such content, unless otherwise clearly stated.

This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any third party content except as permitted by the Terms of Use.

Intellectual Property

Gifting Sense respects others’ intellectual property rights and asks our Users to do the same. We may terminate a User’s access to the Website if we determine that the User infringes on others’ copyrights or other intellectual property (including Gifting Sense’s rights).

Gifting Sense retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics, and logos used in connection with the Website and the Service may be the trademarks of third parties. The Agreement does not transfer from us to you any Gifting Sense or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.

Gifting Sense and all other identifying marks, proprietary marks, or trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Gifting Sense. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Gifting Sense.

Submissions

Apart from your personal information (which is addressed in the Privacy Policy, any communication or material you send to the Website, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Website may be used by Gifting Sense for any purpose, including but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to the Website, you irrevocably transfer and assign to Gifting Sense, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material. Gifting Sense is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.

Email Communications

We use email and electronic means to stay in touch with our Users.

For contractual purposes, you (i) consent to receive communications from Gifting Sense in an electronic form via the email address you have submitted or via the Service; and (ii) agree that the Agreements, including all Terms of Use, agreements, notices, disclosures, and other communications that Gifting Sense provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Termination

You may cancel this Agreement at any time. If you wish to terminate this Agreement, you may simply discontinue using Gifting Sense.

Gifting Sense may terminate your access to all or any part of the Website at any time, with our without cause, with or without notice, effective immediately for any reason deemed appropriate in our sole discretion.

Disclaimer of Warranties

Gifting Sense provides the Website, the Content, and the Service “as is,” without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, Gifting Sense expressly disclaims all warranties, whether express, implied, or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy, and non-infringement.

Gifting Sense makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content, or other material obtained from the Service.

Limitation of Liability

We will not be liable for damages or losses arising from your use of the Service or arising under this agreement. To the maximum extent permitted by applicable law, in no event will Gifting Sense be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (i) your use or inability to use the Service; (ii) the Service generally or the software or systems that make the Service available; or (iii) any other interactions with Gifting Sense or any other User of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Gifting Sense has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Gifting Sense will have no liability for any failure or delay due to matters beyond our reasonable control.

Modification of Terms of Use

Gifting Sense reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.

Upon any changes in these Terms of Use, we will post the amended agreement on the Website. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications made hereto, then please do not use the Website.

Governing Law

These Terms of Use and any access to or use of the Website or the Service shall be governed by, and construed in accordance with, the laws of the Province of Ontario. You and Gifting Sense agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Toronto, Province of Ontario.

Severability

If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

No Assignment

Gifting Sense may assign or delegate this Agreement, including these Terms of Use and/or the Gifting Sense Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement, including the Terms of Use or Privacy Policy, without Gifting Sense’s prior written consent, and any unauthorized assignment and delegation by you is void.

Headings and Summaries

The headings, captions, and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.

Entire Agreement

This Agreement, in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and Gifting Sense and supersede all prior communications, agreements, and understandings, written or oral, with respect to the subject matter of this Agreement.

By using the Gifting Sense Website, you acknowledge that you have read and understand these Terms of Use and will be bound by these Terms of Use.

 

Gifting Sense Inc. Privacy Policy

Effective August 19, 2015

This policy sets out how Gifting Sense Inc. (“we” or “us” or “Gifting Sense”) uses, protects, and preserves information submitted by users (“Users” or “you”) through the GiftingSense.com (“Website”). By using Gifting Sense and by submitting information through our website, you are agreeing to the terms of this policy (“Policy”). If you have any questions about the Policy, please contact Gifting Sense directly before entering any information by sending an email with your questions to info@giftingsense.com.

Definitions

Service” means all of the services provided by Gifting Sense, including but not limited to all Content, services, and products available through the Website. Gifting Sense is not a financial advisor, and all forms of financial advice or financial services are explicitly excluded from the Service.

User,” “you” and “your” refer to the person, company, or organization that has visited or is using our Website and/or our Service.

Information We Collect and Store

If you choose to create an account with the Website and answer all the questions we ask you, we will retain all contact information submitted to us, including your age, gender, name, email address, password, Facebook login details (if you choose to login via Facebook), the province you live in, what gift you want (i.e. item or experience), the cost of the gift, your anticipated number of lifetime uses for the aforementioned item, what experience you want, and various other questions related to the gift/experience. We will not use this information to contact you for any reason unrelated to your use of the Website. We will not provide this contact information to any third party. We will not use your confidential information for any commercial reason unrelated to the Website.

To learn about your user experience and to make periodic improvements to the Website, we also collect the information regularly collected by web browsers. We will automatically record information and your activity. This may include your Internet Protocol (“IP”) address, country, city, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your devices, your mobile carrier, date and time stamps, system configuration information, metadata concerning your files, and other interactions with the Service.

We also use “cookies” to collect information and improve our Service. A cookie is a small data file that we transfer to your device. We may use “persistent cookies” to save your user ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. However, none of this is associated with you as an individual. It is measured only in aggregate. Cookies do not capture your individual email address or any private information about you. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our website.

How We Use Your Information

We use your information only for purposes of facilitating your use of our webpage and to assist us in improving our service. We do not use your information for any additional or unrelated commercial purposes.

Visitor Registration or Requests for Information

Gifting Sense only collects personal information that you choose to provide voluntarily when using or registering with the Website. “Personal information” includes information that can identify you as a specific individual, such as your name or email address. While you can browse our site without registering, you will need to register in order to take advantage of certain features, such as requesting updates on promotional offers.

Surveys:

From time to time, Gifting Sense may conduct surveys via our Website. If you choose to participate, we use your response to come up with the survey results and, sometimes, to publish those results in aggregate on the site. We will never permanently record or report any response you give on its own or connect it to your name or address. We will hold these responses only as anonymous statistics. We will never sell or rent such information to any third parties.

Email, Mailing Lists, and Other Services:

When you send us an email through info@giftingsense.com, we use your email address to thank you for your comment and/or reply to your question, and we will store your communication and our reply in case we correspond further. Beyond our initial reply, we will never use your email address to send you any unsolicited message or information, nor will we share it with or sell it to anyone else for such use.

When you request information or other services, we use your email address and any other information you give us to provide you with the information or other services you requested until you ask us to stop (using the “unsubscribe” instructions provided with each email and/or on the site where you signed up and/or as we otherwise provide), or until the information or service is no longer available. We will not use your address or other information to provide you with any unsolicited message or information (unless that is part of the service you are requesting), nor will we share it with or sell, rent or lease it to any third party for such use.

Linking To Other Sites:

Please remember that when you use a link to go from the Website to another website, the Website Terms of Use and this Policy are no longer in effect. Your browsing and interaction on any other website, including any site that has a link on the Website, is subject to the terms of use and privacy policy of that site. We encourage you to read the terms of use and privacy policies of the sites you visit to further understand their procedures for collecting, using, and disclosing personal information.

How You Can Decide What Communication You’ll Receive From Us

If you choose to receive them, the Website may periodically send you email messages describing updates, new features, or promotional offers related to the Website. You can choose to stop receiving this email at any time. Simply follow the instructions included in your email, or send a reply stating your request.

If you do not explicitly choose to receive informational emails, the only email messages you will receive from the Website will be to respond to email inquiries that you send us.

How to Update or Correct Your Personal Information

To modify or delete your personal information, simply follow the instructions included on the Website, or you may also send an email to info@giftingsense.com for us to delete your personal information in a reasonable time after receiving the request.

How We Protect the Security of Your Personal Information

The security of your personal information is very important to us and we are committed to protecting the information we collect. The Website uses firewalls and has security measures in place at its physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you at our Website.

Changes to the Policy

This Policy was posted in August 19, 2015. Gifting Sense reserves the right to change, modify, or amend this Policy at any time. Please also read over the Website Terms of Use. Gifting Sense takes privacy matters very seriously, and intends to stay at the forefront of privacy policy and protection matters. Gifting Sense will occasionally update our Policy and we will post those updates on this page. You are responsible for revisiting this page to review our Policy updates.

Contact Us

Please note that whenever you submit any information to us in connection with any Services, you consent to Gifting Sense’s processing of this information as necessary to provide the services in which you are participating.

We encourage you to send inquiries on the Policy and the steps we take to keep your information secure. Please send us an email at info@giftingsense.com.